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. The Plaintiff entered the Republic of Korea on a short-term visit (C-3) on August 30, 2016 as an alien of Ethiopia’s nationality, and applied for refugee status to the Defendant on September 12, 2016.
B. On April 9, 2018, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
C. On April 23, 2018, the Plaintiff filed an objection with the Minister of Justice, but was dismissed on November 29, 2018.
[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 2, purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Although the grounds for applying for refugee status do not specifically appear in the summary of the Plaintiff’s assertion, it is written in the complaint to the effect that the application for refugee status is filed on the same grounds as the Plaintiff alleged in the procedures for refugee status screening, the Plaintiff’s assertion was arranged based on the Plaintiff’s statement at the time of the Plaintiff’
The plaintiff joined the organization B (hereinafter referred to as the "organization of this case") that carries out the anti-government activities in Ethiopia, and thereby, the plaintiff was detained twice, and the plaintiff was under detention of Ethiopia government.
Therefore, the instant disposition that did not recognize the Plaintiff as a refugee on a different premise is unlawful, inasmuch as there exists a well-founded fear that the Plaintiff would be subject to gambling from the Ethiopia government in case of returning to the Republic of Korea due to Ethiopia.
B. Determination 1 “Refugee” is sufficient to recognize that a person is likely to be disadvantaged on the ground of race, religion, nationality, status as a member of a specific social group or political opinion.