1. The plaintiff's claim is dismissed.

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

1. The plaintiff is well-known in the course of the disposition.

On October 15, 2015, the Republic of Korea (hereinafter referred to as “Ma”), as a foreigner of the nationality of the Republic of Korea (hereinafter referred to as “Ma”), entered the Republic of Korea as a short-term visit (C-3) sojourn status, and applied for refugee status to the Defendant on October 22, 2015.

On January 13, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).

The Plaintiff received a notice of decision on the refusal of refugee status on May 27, 2016 and raised an objection to the Minister of Justice on June 14, 2016, but was dismissed on October 27, 2016.

On April 21, 2017, the Plaintiff received a notice of decision to dismiss an objection.

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

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion is likely to be punished for same-sexs.

In addition, the plaintiff known that he is a same-sex to the village, and the village people have threatened the plaintiff with the quality of selling.

The instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

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, foreigners who, owing to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected of the country of nationality or who does not want to be protected of the country of nationality due to such fear, or who, owing to such fear, could not return to or does not want to return to the country in which he had resided before entering the Republic of Korea.