1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On February 23, 2013, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on February 23, 2013 and stayed, and applied for refugee status to the Defendant on March 7, 2016.

B. On April 12, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) 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, who is dissatisfied with the instant disposition, filed an objection with the Minister of Justice on May 10, 2016, but was dismissed on December 22, 2016, and the Plaintiff received a notice of dismissal decision on January 10, 2017.

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

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he had sexual assaulted several times from the former male-parent body in four arms to the Republic of Korea in order to escape from the violence.

In the event that the plaintiff returns to the four arms, there is a risk of being killed from the former male-gu.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.

B. (1) Determination (1) Article 2 Subparag. 1 of the Refugee Act provides that a refugee refers to a foreigner who is unable or does not want to be protected by a country of nationality due to a well-founded fear of being recognized that he/she may be imprisoned on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, cannot return to or does not want to return to a country in which he/she had resided before entering the Republic of Korea.

At this time, the term "persecution" to be received by the foreigner means life, body, and life.