1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On September 14, 2016, the Plaintiff entered the Republic of Korea on September 14, 2016, and applied for refugee recognition to the Defendant on September 19, 2016.

B. On October 18, 2016, the Defendant rendered a disposition to recognize refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On November 11, 2016, the Plaintiff filed an objection with the Minister of Justice, but was dismissed on February 24, 2017.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 5, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the plaintiff's assertion is that the plaintiff was arrested from the police in his own country as a same-sex and received advisory advice.

In the event that the plaintiff returns to his own country, the disposition of this case which did not recognize the plaintiff as a refugee despite the risk of persecution is unlawful.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, a foreigner in the Republic of Korea who is unable to be protected or does not want to be protected from the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as a refugee. “persecution” which is a requirement for recognition of refugee refers to “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom,” and a foreigner applying for recognition of refugee refers to the act of causing serious infringement of or discrimination against essential human dignity. The foreigner must prove that there is “a decent-founded fear” subject to such persecution and the entire purport of oral arguments.