beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The plaintiff is well-known.
A national, who entered the Republic of Korea on October 13, 2014, applied for refugee status to the defendant on October 29, 2014.
B. On June 20, 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 Relating to the Status of Refugees.
C. The Plaintiff filed an objection with the Minister of Justice on July 22, 2016, but the said objection was dismissed on the same ground as October 27, 2016.
[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, 4, Eul 1 and 2, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion is threatened by the village or the police on the ground that he/she is a same-sex, such as being arrested twice due to the same-sex suspicion.
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. Determination 1) “Refugee” refers to any act causing serious infringement of or discrimination against essential human dignity, including threats to life, religion, nationality, status as a member of a particular social group, or political opinion, and thus, a foreigner who is unable or does not want to be protected by the country of his/her nationality due to well-founded fear that he/she is likely to be detrimental to the protection of the country of his/her nationality, or a foreigner who is not able to return to, or does not want to return to, the country in which he/she had resided before entering the Republic of Korea due to such fear (Article 2 Subparag. 1). 2 of the Refugee Act).