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(영문) 서울행정법원 2019.04.19 2018구단19910

난민불인정처분취소

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. On October 15, 2016, the Plaintiff entered the Republic of Korea with the nationality of the Federal Democratic Republic of Ethiopia (hereinafter “Ethiopia”) (hereinafter “Ethiopia”), and applied for refugee status to the Defendant on October 24, 2016.

B. On February 6, 2018, the Defendant rendered a decision on the refusal of refugee status on the ground that the grounds for applying for recognition of refugee status alleged by the Plaintiff against the Plaintiff does not constitute “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on March 8, 2018, but the Minister of Justice dismissed the objection on September 14, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was pressured to join the House with Maternity several times, and the public health clinic, who had worked, was not guaranteed fair opportunities for job evaluation, overseas training, etc.

Furthermore, since the plaintiff participated in the demonstration to the contrary to the Ethiopia government after having been in Korea, it is likely to be disadvantaged if he returns to Korea due to Ethiopia.

The Plaintiff’s aforementioned situation constitutes a well-founded fear that there is sufficient ground to recognize that the Plaintiff may be stuffed on the ground that it is a member of a political view or a specific social group, and the Plaintiff does not want to be protected from the country of nationality.

Nevertheless, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked in an unlawful manner.

B. Determination 1 of the Refugee Act is the Convention on Refugees and the Refugee Protocol.

참조조문