난민불인정결정취소
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 October 15, 2016, the Plaintiff, a foreigner of Ethiopia’s nationality, entered the Republic of Korea as a short-term visit (C-3) sojourn status, and applied for refugee status to the Defendant on October 25, 2016.
B. On February 20, 2018, the Defendant rendered a decision on the refusal of refugee status on the ground that the Defendant cannot recognize “a sufficiently-founded fear that is likely to be injured” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
(hereinafter “instant disposition”). C.
The Plaintiff filed an objection with the Minister of Justice on April 3, 2018, but the Minister of Justice dismissed the objection on November 29, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that he participated in a demonstration against the government policy on May 1, 2014 while taking part in Ethiopia’s Ethiopia (hereinafter “B”) and tried to arrest and rescue the Plaintiff on May 15, 2014, and rape. Even on August 6, 2016 and October 2, 2016, the Plaintiff participated in the demonstration and was subject to violence or threat by the police.
Therefore, the Plaintiff’s return to Ethiopia constitutes 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 the Plaintiff may be stuffed on the ground that he is a member of a political opinion or a specific social group, even though he is a foreigner, the instant disposition made on a different premise must be revoked as unlawful.
B. 1 The term “refugee” refers to a person who is unable to receive or is entitled to receive the protection of a country of nationality due to well-founded fear to recognize that he/she is likely to be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion.