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(영문) 서울행정법원 2020.11.24 2020구단12547

난민불인정결정취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. During the process of the disposition, the Plaintiff’s short-term visit of sojourn status (C-3) on August 30, 2017 to the Federal Democratic Republic of Ethiopia (hereinafter “instant disposition”) on the date of entry into the Republic of Korea of the Republic of Korea on August 30, 2017: (a) the date of the application for refugee status recognition (hereinafter “instant disposition”) on September 26, 2017; (b) the reasons for refugee status non-recognition: (c) May 31, 2019; (c) the date of the application for objection that there is no ground for rejection of the decision made on April 21, 2019; (d) the facts that there is no ground for rejection of the decision made on April 21, 2019; and (e) the entries in subparagraphs 1 through

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was threatened by providing TV broadcasting stations and radio broadcasting stations with broadcasting content while operating the entertainment planning company called Ethiopia in Ethiopia. The Plaintiff’s assertion was threatened by refusing the Government’s demand to provide friendly content and to change the time for political propaganda at the events hosted by the Plaintiff, and was subject to imposition of excessive taxes.

In the event that the plaintiff returned to Ethiopia, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful despite the possibility of being stuffed by such reasons as being arrested for the above reasons.

B. (1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees, the Minister of Justice must recognize a foreigner in the Republic of Korea who is unable or does not want the protection of 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, as a refugee.

“persecution” that is a requirement for recognition of refugee status refers to “any act causing serious infringement of or discrimination against essential human dignity, including threats to life, body or freedom,” and filing an application for recognition of refugee status.