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(영문) 서울행정법원 2019.04.04 2019구단51096

난민불인정결정취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff entered the Republic of Korea as a foreigner with the nationality of the Federal Democratic Republic of Ethiopia (hereinafter “Ethiopia”), on July 18, 2016, with a short-term visit (C-3) sojourn status.

B. On August 4, 2016, the Plaintiff applied for refugee status to the Defendant. However, on December 27, 2017, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion would be subject to 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 29, 2018, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on September 14, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that Ethiopia performed his anti-government activities in Ethiopia and was arrested on two occasions on 1996 and was investigated, and was sentenced to death penalty from the government.

In addition, on June 7, 2005, the party B participated in a large-scale anti-government demonstration which is shotizing the illegal election of the party B and was arrested and detained for 40 days.

In addition, the Plaintiff joined a political party called C, but participated in the anti-government demonstration hosted by the above political party on April 22, 2015, but was detained for 30 days, and on April 22, 2015, the Plaintiff participated in the demonstration that 28 persons Ethiopia Domini Do were killed from Ethiopia to D, and was arrested for 25 days.

Even after entry into the Republic of Korea, the Plaintiff participated in Ethiopia Government Demonstration on around 2016, and was working as a member of the Political Party Committee of Ethical Parties, a party, made up of the current government to protect persons meeting the requirements of Athiopia on around 2017.

As such, the Plaintiff continues to engage in anti-government activities.