1. The plaintiff's claim is dismissed.

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

1. The plaintiff of this case is a foreigner of Cream nationality.

On November 6, 2015, the Plaintiff applied for refugee status to the Defendant.

On December 10, 2015, the Defendant rendered a decision not to recognize refugee status on the ground that “a well-founded fear of persecution” against the Plaintiff is not recognized.

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, Gap’s evidence No. 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

가. 원고 주장 원고의 동성 연인이 시아파 무장단체인 ASAIB AHL ALHAQQ로부터 살해당하였는데 원고도 그 위협을 받을 우려가 있고, 원고의 이름 중 “B”라는 성을 통해 수니파라는 것을 알 수 있어 그 이름 하나만으로도 시아파 무장단체로부터 위협받을 우려가 있으므로, 이 사건 처분은 위법하다.

B. The term “refugee” refers to a foreigner who is unable 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 particular social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable to return to, or does not want to return to, the country in which he/she resided before entering the Republic of Korea.

(No. 1) Article 2 Subparag. 1 of the Refugee Act, which is the requirement for recognition of refugee status, refers to “any act causing serious infringement or discrimination on essential human dignity, including threats to life, body, or freedom,” and the fact that there is a “comfortable fear” subject to such persecution should be attested by a foreigner who files an application for recognition of refugee status.

(see, e.g., Supreme Court Decision 2013Du14269, Mar. 10, 2016). In the event that the Plaintiff returns to a country of nationality, there is a well-founded fear that the Plaintiff would be persecution for reasons of race, religion, nationality, status as a member of a specific social group or political opinion.