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 October 26, 2014, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on the short-term visit on October 26, 2014, and applied for refugee recognition to the Defendant on November 4, 2014.

B. On September 1, 2015, the Defendant rendered a decision to recognize refugee status (hereinafter the instant disposition) 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 on the Status of Refugees.

[Reasons for Recognition] Facts without dispute, Gap 1 to 3, Eul 1, 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion may be subject to persecution in a case where: (a) the Plaintiff asserted that he was assaulted by the same-sexs and led to misunderstanding of the same-sexs; and (b) return to the country of nationality.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee is unlawful.

(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 grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

C. The term “persecution”, which is a requirement for recognition of refugee status 1, refers to “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body, or freedom,” and is a refugee who is subject to such persecution.