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 November 8, 2015, the Plaintiff entered the Republic of Korea on November 8, 2015, and applied for refugee recognition to the Defendant on November 25, 2015.

B. On January 12, 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 sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. On January 25, 2016, the Plaintiff filed an objection with the Minister of Justice on January 25, 2016, but was dismissed on December 22, 2016.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 6, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is to make it difficult for the Plaintiff to engage in gambling or seek work from his father if he returns to his home as a same-sex.

Nevertheless, 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 Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, a foreigner in the Republic of Korea who is unable to be protected or does not want to be protected from 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 a refugee. “persecution” which is a requirement for recognition of refugee refers to “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom,” and a foreigner applying for recognition of refugee status must prove that there is “comfortablely-founded fear” subject to such persecution and the entire purport of arguments as a whole.