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. On October 28, 2014, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of the Federal Democratic Republic of Ethiopia (hereinafter “Ethiopia”), and applied for refugee status to the Defendant on November 11, 2014.
B. On March 30, 2016, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in 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 Protocol”).
C. On April 26, 2016, the Plaintiff filed an objection with the Minister of Justice, but was dismissed on October 11, 2017.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Plaintiff’s assertion 1) In the process of examining the application for refugee status as a procedural defect, refugee interview is a key investigation procedure. However, at the time of refugee interview, refugee visitation officers forced the Plaintiff to answer short questions, and forced the Plaintiff to unfairly refrain from providing sufficient opportunity to make a statement (as a result, even if the time required for the refugee interview against the Plaintiff falls short of two hours, the Defendant attempted to make a false entry in the refugee interview report as if it had been conducted for 30 minutes and 30 minutes and interview against the Plaintiff.
In addition, the Defendant also stated only a part of the Plaintiff’s statement in the refugee interview protocol, and did not go through the procedure of confirmation on the contents of the refugee interview protocol after the refugee interview is completed.
Therefore, refugee interview against the plaintiff is very poor and refugee interview protocol is not prepared properly.