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

A. On May 29, 2017, the Plaintiff, who was a national of the Republic of Austria (hereinafter “ASEAN”), filed an application for refugee status with the Defendant on June 2, 2017, after entering the Republic of Korea.

B. On April 27, 2018, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that she would suffer from persecution” under 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”).

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was threatened by her neighbors, etc. on the ground of the same-sex marriage in Austria.

Same-sexism is legally prohibited in Austria.

When the plaintiff returns to Austria, it is highly likely that the government or the members of the community will be affected by the same-sex marriage.

Therefore, even though the Plaintiff’s status as a member of a specific social group constitutes a refugee suffering from persecution, the instant disposition taken on a different premise is unlawful.

B. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the Minister of Justice, upon application, shall determine the Refugee Convention for a foreigner who, owing to well-founded fear of persecution for reasons 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 who, owing to such fear, cannot return to the country of nationality, or does not want to return to the country of nationality, who had resided before entering the Republic of Korea.