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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. On April 2, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on April 2, 2016, and applied for refugee recognition to the Defendant on November 12, 2014.
B. On May 10, 2016, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).
C. The Plaintiff appealed and filed an objection with the Minister of Justice on May 13, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on October 27, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The gist of the Plaintiff’s assertion is not only the loss of the entire property due to Russia’s invasion, but also the risk of life and property by the Russia Gun stationed in Russia.
Therefore, it should be deemed that there exists a risk of persecution in the event that the Plaintiff returned to Postal Service, and the instant disposition, which did not recognize the Plaintiff as a refugee, should be deemed unlawful.
B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are not entitled to protection of the country of nationality or do not want protection of the country of nationality, or who, owing to such fear, cannot return to or do not want to return to the country of nationality that had resided before entering the Republic of Korea.