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(영문) 서울행정법원 2019.07.25 2019구단53375
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. On December 1, 2016, the Plaintiff entered the Republic of Korea as a foreigner of Ethiopia’s nationality, and applied for refugee status to the Defendant on December 15, 2016, as a short-term visit (C-3) sojourn status.

B. On March 22, 2018, the Defendant rendered a decision on the refusal of refugee status on the ground that the Defendant cannot recognize “a sufficiently-founded fear that is likely to be injured” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on May 1, 2018, but the Minister of Justice dismissed the objection on November 29, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he participated in Ethiopia’s anti-government demonstration on Ethiopia, but was detained on June 20, 2015, and was under detention for three months, and was arrested on May 11, 2016 and August 28, 2016. The Plaintiff’s punishment was killed by Ethiopia government while engaging in anti-government activities.

In addition, even after entry into the Republic of Korea, there is a well-founded fear that the plaintiff would be detrimental to the Ethiopia government if he return to Ethiopia, since the plaintiff was engaged in activities such as participation twice in the anti-government demonstration.

B. 1) The term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be harmed by race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, cannot return to, or does not want to return to, the country in which he/she resided before entering the Republic of Korea (Article 2 of the Refugee Act).

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