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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The plaintiff is well-known.
After entering the Republic of Korea on March 2, 2015, he/she applied for refugee recognition to the defendant on March 12, 2015.
B. On August 3, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a well-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. As to this, the Plaintiff filed an objection with the Minister of Justice on September 19, 2016, but was dismissed on December 22, 2016.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 4, 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 is a same-sex, and around September 2014, known that the Plaintiff was a same-sex, the Plaintiff’s father was seeking the Plaintiff, and the Plaintiff’s father died as a shock, and the Plaintiff’s father was trying to drive away from the village. The Plaintiff, mother, and the Plaintiff’s two women are also trying to drive away from the village.
In the event that the Plaintiff returned to the Republic of Korea, the instant disposition that did not recognize the Plaintiff as a refugee despite the risk of being harmed on the grounds that the Plaintiff was a same-sex.
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, and Article 1 of the Refugee Protocol, foreigners in the Republic of Korea who are unable to be protected by the country of nationality or who do not want to be protected by 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 refugee, and “persecution” which is a requirement for recognition of refugee refers to “any act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom.”