1. The plaintiff's claim is dismissed.

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

1. On April 27, 2016, the Plaintiff entered the Republic of Morocco Kingdom (hereinafter referred to as “Morocco”) as a foreigner of nationality, and applied for refugee status to the Defendant on May 31, 2016, after entering the Republic of Korea as a visa exemption (B-1) status.

On July 18, 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”).

On August 1, 2016, the Plaintiff appealed to the Minister of Justice on August 1, 2016, but was dismissed on the same ground on December 22, 2016.

[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 was intimidationd by a woman-friendly Gu that opposed to marriage with the female-friendly Gu.

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, foreigners who, owing to 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 to be protected by the country of nationality, or who, owing to such fear, is unable or does not want to return to the country of nationality, which has resided in the Republic of Korea before entering the Republic of Korea, or who are unable or do not want to return to the country of nationality, and “persecution” which is the requirement for recognition of refugee refers to “any act causing serious infringement or discrimination on essential human dignity, including threats to life, body or freedom.”