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 August 26, 201, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on August 26, 2011, and applied for refugee recognition to the Defendant on June 12, 2015.

B. On November 25, 2015, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. On January 11, 2016, the Plaintiff filed an objection with the Minister of Justice on January 11, 2016, but the said objection was dismissed on June 30, 2016.

[Ground of recognition] Facts without dispute, Gap 2, 3 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. On August 15, 2011, the Plaintiff asserted that he was aware of the fact that he was sexual intercourse with a same-sex partnership, and was subject to collective assault again on the following day.

In the event that the plaintiff returned to his own country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful despite the possibility of persecution for the above reasons.

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 who, owing to a 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 by the country of nationality or who, owing to such fear, or who, owing to such fear, cannot return to the country of nationality or who had resided in the Republic of Korea before entering the Republic of Korea, or who did not want to return to the country of nationality, should be recognized as a refugee, and “persecution” which is the requirement for recognition of a refugee is against life, body, or freedom.