Ruling Recognizing a Gay Woman as a Refugee

Who this helps

This may help people wondering how a court judged a refugee claim based on persecution because of sexual orientation.

Case overview

Case number

2012구합32581

Court

Seoul Administrative Court

Date of judgment

Apr 25, 2013 (Thu)

Topic

Refugees

Original title (Korean)

동성애자임을 이유로 해당 국가에서 박해를 받은 여성을 난민으로 인정한 판결

A woman claimed she was persecuted in her home country for being gay and sued to be recognized as a refugee. Villagers warned her family to drive her out of the village, and soon after, a fire broke out at the house and family members died. She was suffering from depression and post-traumatic stress disorder.

Can a person persecuted for being gay be recognized as a refugee?

The dispute was whether a woman who said she was persecuted in her home country for being gay qualified as a refugee. The court noted a bill submitted there that punishes homosexual acts, attempts and promotion, with a penalty up to death. It also noted a case in which a gay rights activist died from a beating, and the harm the woman suffered. It concluded she risked persecution if she returned.

How the court ruled

Refugee status requires a well-founded fear of persecution because of race, religion, nationality, membership of a particular social group, or political opinion. Persecution means threats to life, body, or freedom, or serious violations of human dignity and discrimination. The court considered a bill in her home country punishing homosexual acts, attempts, and promotion, up to death; the beating death of a gay-rights activist; and her own harm. It found she risked persecution as a gay woman if she returned and met the requirements.

What to check in a similar situation

The application procedure and review standards for refugee recognition can be checked with the immigration office and the courts.

• Find your immigration office
• Find support centers
• Contacts: Immigration Contact Center 1345

Terms explained

Refugee

A person with a well-founded fear of persecution because of race, religion, nationality, membership of a particular social group or political opinion.

Persecution

Acts that threaten life, body or freedom, or that seriously violate human dignity and cause discrimination.

Particular social group

One of the grounds for refugee status. In this case, being gay was treated as the reason for persecution.

More rulings on this topic

• Court upholds refusal of refugee status, finding a family property dispute is not a ground for recognition · Jeju District Court
• Ruling that upheld the cancellation of refugee status granted on the basis of false statements · Seoul Administrative Court
• Ruling Cancelling Decision Not to Refer Guinean National's Refugee Application for Examination · Busan District Court

See all 29 rulings on Refugees →

Frequently asked questions

Who brought the lawsuit?

A woman who said she was persecuted in her home country for being gay sued to be recognized as a refugee.

How did the court rule?

It found a risk of persecution for being gay if she returned, and held that she met the refugee requirements.

Does this result apply directly to similar cases?

This is the court's judgment in that case only and does not apply directly to other cases.