1. The plaintiff's claim is dismissed.

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

1. On July 21, 2016, the Plaintiff entered the Republic of Austria (hereinafter referred to as “Naria”) as a foreigner of nationality, and applied for refugee status to the Defendant on July 26, 2016.

On September 6, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be detrimental to the State” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as the “Refugee Agreement”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as the “Refugee Protocol”).

The Plaintiff received a notice of decision on non-recognition of refugee status on September 12, 2016, and filed an objection with the Minister of Justice on October 10, 2016, but was dismissed on the same ground as of July 18, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 5, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion is same-sex, and the Plaintiff disclosed it to his/her family members and their neighbors around 2011.

The plaintiff was detained from the village people on the ground that he was same-sex, and was detained by the police.

In the event that the plaintiff returns to Austria, it is likely for village residents to be threatened by the government of Hungary.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, a foreigner who, owing to well-founded fear of being injured for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is unable or does not want the protection of the country of nationality, or who, owing to such fear, is unable to return to or does not want to return to the country in which he had resided before entering the Republic of Korea.