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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 November 23, 2016, the Plaintiff entered the Republic of Korea as a foreigner of Russia nationality, and applied for refugee status on February 1, 2017. However, on February 22, 2017, the Defendant rejected the instant disposition rejecting the Plaintiff’s refugee status on the ground that the Plaintiff cannot be deemed to have “a well-founded fear that would suffer from persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
B. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on April 28, 2017, but was dismissed on December 7, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion is that the Plaintiff was surveillance, discrimination, or threat at Russia on the ground that the Plaintiff is a leveck national, and that the Plaintiff entered the Republic of Korea in around 2015 and applied for refugee recognition. The instant disposition that did not recognize the Plaintiff as a refugee is unlawful.
B. Determination 1) “Refugee” refers to a foreigner who is unable or does not want to be protected due to well-founded fear that he/she may be harmed on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a foreigner who is not able to return to, or does not want to return to, the country in which he/she resided before entering the Republic of Korea due to such fear (Article 2 subparag. 1 of the Refugee Act). In such cases, “persecution” which is a requirement for recognition of refugee status may be deemed as “an act causing serious infringement or discrimination on the essential human dignity, including threats to life, body, or freedom,” and “comfortly-founded fear” subject to such fear.