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

A. The plaintiff is well-known.

A foreigner with nationality entered the Republic of Korea with a short-term visit (C-3) sojourn status on July 20, 2014, and applied for refugee recognition to the defendant on August 5, 2014.

B. On January 18, 2016, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in 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”).

C. The Plaintiff appealed and filed an objection with the Minister of Justice on February 15, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on April 21, 2017.

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

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion is that the Plaintiff is same-sex.

Therefore, the plaintiff is likely to do so.

If you return to Korea, there is a risk of persecution, and even if we do not recognize the plaintiff as a refugee, the disposition of this case should be deemed unlawful.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, are unable or do not want the protection of the country of nationality, or who, owing to such fear, cannot return to or do not want to return to the country of nationality that had resided before entering the Republic of Korea, or who did not want to return to the country of nationality.

At this time, a “specified social group” refers to a group’s congenital characteristics, an innate common history that cannot be changed, and an individual’s identity and conscience.