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

On February 9, 2015, the Republic of Korea (hereinafter referred to as “Ma”), as a foreigner of the nationality of the Republic of Korea (hereinafter referred to as “Ma”), entered the Republic of Korea as a short-term visit (C-3), and applied for refugee status to the Defendant on February 12, 2015.

On April 27, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).

The Plaintiff received a notice of decision on the refusal of refugee status on May 17, 2016 and raised an objection to the Minister of Justice on June 13, 2016, but was dismissed on the same ground as of October 27, 2016.

On November 25, 2016, the Plaintiff received a notice of decision to dismiss an objection.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion is as follows.

In the country of nationality, the plaintiff is punished for the same-sex, and the plaintiff is the same-sex, and the chairperson of the village became aware of the same-sex behavior.

When the plaintiff returns to his own country, it is likely to be arrested by the police.

The instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, a foreigner who, owing to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, is unable or does not want the protection of the country of nationality, or a foreigner who, owing to such fear, is unable to return to or does not want to return to the country in which he had resided before entering the Republic of Korea.