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 May 28, 2016, as a national, entered the Republic of Korea with the status of stay for general training (D-4) on May 28, 2016, and applied for refugee status to the defendant on August 9, 2016.

B. On December 27, 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 refugee requirement under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On January 5, 2017, the Plaintiff was notified of the instant disposition and filed an objection with the Minister of Justice on January 31, 2017, but the said objection was dismissed on July 18, 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. Although the Plaintiff’s assertion is not a same-sex, the Plaintiff was forced to engage in indecent acts by compulsion from the teachers in high school around 2010, and the same-sex relationship had been forced by the teachers. Since then, the Plaintiff was threatened by being forced to join an organization by the same-sex group.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. The term “refugee” refers to 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 a stateless foreigner who, owing to such fear, is unable to return to or does not want to return to the country in which he/she resided before entering the Republic of Korea.

(Article 2 subparag. 1 of the Refugee Act). However, even if the plaintiff's assertion is recognized, there is concern for the plaintiff.