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(영문) 서울행정법원 2019.05.10 2019구단53702

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 is a foreigner of Ethiopia nationality.

On October 15, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term basis, and applied for refugee recognition to the Defendant on October 25, 2016.

B. On March 21, 2018, the Defendant rendered a decision on refugee status refusal (hereinafter “instant disposition”) against the Plaintiff on the ground that there is a well-founded fear that the Plaintiff’s assertion would be subject to persecution stipulated as a requirement for refugee status under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee”).

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on April 30, 2018, but the Minister of Justice dismissed the Plaintiff’s objection on November 29, 2018.

On December 3, 2018, the Plaintiff received a notice of decision of dismissal of an objection.

[Reasons for Recognition] Unsatisfy, 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 gist of the Plaintiff’s assertion was to join the B Party (B Party; hereinafter “B Party”) in around 2004 and to act as a member of the Plaintiff.

The plaintiff actively participated in election campaign by publicizing the policies of B party as a party member of the B party at the time of the total election of Ethiopia in 2005.

C Party(C Party(C Party(hereinafter referred to as “C Party”), Ethiopia’s collection right, began with large pressure on the Party immediately after the total election, and as a part of it arrested and detained all major leaders of B Party(hereinafter referred to as “C Party”).

On June 10, 2005, the plaintiff was arrested by three persons who suffered clothes from the plaintiff's house, and was detained in the shock and the roat prison for 25 days, and the prosecution was not filed at the time.

After that, the plaintiff's remaining-born will participate in technical training given to Ethiopia's descendants in the Korean War.