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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts: (a) the Plaintiff’s nationality, or the Republic of Korea’s short-term stay visit (C-3) on September 4, 2014 on the date of entry into the Republic of Korea; (b) the date of the application for refugee status recognition (hereinafter “instant disposition”); (c) January 20, 2016 on the date of May 14, 2015, the date of the application for refugee status recognition (hereinafter “instant disposition”); and (c) the purport of the entire pleadings, as a whole, are without dispute as to the grounds for recognition of the rejection of the decision on February 22, 2016 on the date of the application for objection that the decision cannot be sufficiently based on which the decision was made on February 22, 2016; (d) the facts that there were no grounds for recognition of the rejection of the
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is a same-sex who is a national of the Republic of Ghana (hereinafter “A”).
The plaintiff was at risk of being arrested on the ground that he was same-sexs in Ghana, and entered the affected Republic of Korea.
As such, the Plaintiff’s return to Ghana is likely to cause harm to the life and body of same-sexs, and thus, it should be recognized as a refugee.
B. Determination 1) Article 2 subparag. 1 of the Refugee Act defines refugee status as “any foreigner who is unable to be protected or does not want to be protected by the country of nationality due to well-founded fear to recognize 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 is a stateless foreigner who is unable 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.” 2) In full view of the following circumstances revealed by the evidence as seen earlier, the Plaintiff cannot be deemed to have “a well-founded fear that is likely to be injured on the grounds of race, religion, nationality, membership of a specific social group, or political opinion,” and there is no other evidence to acknowledge this otherwise, the disposition of this case which rejected the Plaintiff’s application for refugee status is legitimate.
① The Plaintiff worked on January 19, 2016.