1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On January 12, 2015, the Plaintiff, a foreigner of Russia nationality, entered the Republic of Korea as a sojourn status for visa exemption (B-1) and stayed, and applied for refugee status to the Defendant on May 4, 2016.

B. On February 3, 2017, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement for refugee status under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees, and that the Plaintiff received a notice of non-recognition of refugee status on February 27, 2017.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was threatened from Russia national discriminations on the ground that Russia is another national group.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.

B. (1) Determination (1) Article 2 Subparag. 1 of the Refugee Act provides that a refugee refers to a foreigner who is unable or does not want to be protected by a country of nationality due to a well-founded fear of being recognized that he/she may be imprisoned on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, cannot return to or does not want to return to a country in which he/she had resided before entering the Republic of Korea.

At this time, the term “persecution” to be received by the foreigner can be deemed as “an act causing serious infringement of or discrimination against the essential human dignity, including threats to life, body, or freedom,” and the mere refusal of compulsory conscription may be deemed as a cause of gambling.