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 October 19, 2017, the Plaintiff: (a) was a foreigner of the nationality of the Republic of Senegal (hereinafter “Senegal”); (b) entered and staying in the Republic of Korea for short-term visits (C-3) on a short-term basis; and (c) filed an application for refugee status with the Defendant on November 2, 2017.

B. On November 23, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff 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 Relating to the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on January 3, 2018, but was dismissed on September 14, 2018.

On November 5, 2018, the Plaintiff received the notice of dismissal of the said objection, and filed the instant lawsuit on January 21, 2019.

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

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was threatened by the Plaintiff’s family members, such as having become a same-sex and the Plaintiff’s father was aware of this and assaulting the Plaintiff.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee on a different premise is unlawful, inasmuch as there exists a well-founded fear that the Plaintiff would be subject to gambling in the event that the Plaintiff returned to the Republic of Korea due to the Senegal.

B. 1 The term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or who has resided before entering the Republic of Korea due to such fear.