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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 foreigner of the Republic of Korea entered the Republic of Korea under the qualification of general use (C-3) on December 19, 2014, and applied for refugee status to the defendant on December 30, 2014.
B. On November 24, 2015, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that would be subject to persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter referred to as the instant disposition).
C. On December 28, 2015, the Plaintiff filed an objection with the Minister of Justice on December 28, 2015, but was rendered a final decision dismissing the Plaintiff’s application on June 30, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings
2. Determination on the legitimacy of the disposition
A. The Plaintiff’s assertion became same-sexs since 2008, and the Plaintiff conspiredd with the male in B, and thus, the Plaintiff was arrested at the police on November 201, 2014 and detained for two weeks since it was a prohibited act in the country of nationality.
Although the plaintiff was able to pay the release on bail by paying the release on bail, the plaintiff was at the risk of being re-detained when he returned to the court.
As such, the disposition of this case, which was taken on a different premise, is unlawful, even though the Plaintiff was under a state of nationality for reasons of being a member of a special social group.
(b) The definitions of terms used in this Act shall be as follows:
1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the ground of race, religion, nationality, status as a member of a particular social group, or political opinion, or a foreigner who has resided in the Republic of Korea (hereinafter referred to as "member country") before entering the Republic of Korea due to such fear, or who has not returned to the country in which