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

A. On November 9, 2015, the Plaintiff entered the Republic of Korea with the status of stay in the English language training (D-4), and filed an application for refugee recognition with the Defendant on December 5, 2017 (hereinafter “instant application”).

B. On June 10, 2019, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear of 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.

C. On August 2, 2019, the Plaintiff filed an objection with the Minister of Justice on August 2, 2019, and filed the instant lawsuit on October 31, 2019 when the said objection was not yet determined.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was the same-sex who was arrested by the police around 2015 while engaging in sexual traffic against the same-sexs, and was detained by the police, and led the same-sexs to escape from prison with the help of a correctional officer.

After that, the plaintiff entered the Republic of Korea, and recently, the plaintiff's arrest warrant was issued in Nicen by the plaintiff.

Therefore, since there exists a well-founded fear that the Plaintiff would be subject to gambling when returning home, the instant disposition that did not recognize the Plaintiff as a refugee on a different premise is unlawful.

B. 1 The term “refugee” means a foreigner who is unable or does not wish to be protected by a State 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 due to such fear.