1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The plaintiff is well-known.

On March 18, 2015, as a national, entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term basis, and applied for refugee status to the defendant on the same day.

B. On June 17, 2016, 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 on the Status of Refugees.

C. On June 29, 2016, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on the same ground as on April 21, 2017.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted as the same-sex during the period from 2003 to 2014, and around September 10, 2014 to October 2014, the Plaintiff came to go to the home owner while having a same-sex relationship. The home owner was aware of the Plaintiff’s adoptive parent and the adoptive parent reported the Plaintiff’s same-sex relationship to the police.

Therefore, the defendant's disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful even if the plaintiff's return to the country of nationality is likely to be subject to criminal punishment by being arrested, criminal punishment, or to be threatened by persons suspected of having sexual intercourses.

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 does not want to return to the country in which he/she resided before entering the Republic of Korea due to such fear.