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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. (1) On May 18, 2017, the Plaintiff entered the Republic of Korea as a foreigner of Russian nationality, and applied for refugee status on September 13, 2017, and applied for refugee status to the Defendant on September 13, 2017. Accordingly, on September 14, 2017, the Defendant rendered a disposition not to grant refugee status (hereinafter the instant disposition) on the ground that the Plaintiff cannot be deemed to have a well-founded fear that the Plaintiff would suffer from persecution as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
B. On September 21, 2017, the Plaintiff filed an objection against the instant disposition with the Minister of Justice, but the Minister of Justice dismissed the said objection on June 12, 2018.
[Ground for recognition] Unsatisfy
2. Whether the instant disposition is lawful
A. The Plaintiff’s husband did not complete the Plaintiff’s business failure and the Plaintiff’s family members were unable to live in the Republic of Korea due to the Plaintiff’s threat for a period of two years, and the Plaintiff’s family members entered the Republic of Korea. If the Plaintiff’s husband returned to Russia, it is obvious that the Plaintiff’s husband would inflict harm on the Plaintiff’s life and body, and the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.
B. Determination 1) “Refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, cannot return to the country in which he/she resided before entering the Republic of Korea or does not want to return to the country (Article 2 subparag. 1 of the Refugee Act. In this case, “persecution” which is a requirement for recognition of a refugee refers to a threat to life, body, or freedom, as well as a threat to human essential dignity.