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

A. On August 28, 2013, the Plaintiff, a foreigner of the Republic of Ghana (hereinafter “A”), who is a national of the Republic of Ghana, entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term visit (C-3), and filed an application for refugee status with the Defendant on June 23, 2014.

B. On March 23, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff 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 of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition, and filed an objection with the Minister of Justice on May 19, 2016, but the objection was dismissed on December 22, 2016, and the Plaintiff received a notice of dismissal decision on January 2, 2017.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 4, Eul evidence No. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he was a same-sex who started to feel sexual humiliation from about 14 years of age to the Republic of Korea with a threat that he would not leave the village if he does not leave the village.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff's status as a member of a specific social group constitutes a refugee suffering from persecution.

B. (1) In full view of the provisions of Article 2 subparag. 2-2 and Article 76-2(1) of the Immigration Control Act, Article 1 of the Convention Relating to the Status of Refugees (hereinafter “Refugee Convention”), and Article 1 of the Protocol Relating to the Status of Refugees, the Minister of Justice shall grant to foreigners within the Republic of Korea who are unable to be protected by the country of nationality due to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a specific social group or political opinion, or who do not want the protection of the country of nationality