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(영문) 서울행정법원 2019.01.16 2018구단20774
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 September 10, 2015, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on September 10, 2015 as an alien of Ethiopia’s nationality, and applied for refugee recognition to the Defendant on September 30, 2015.

B. On July 17, 2017, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. As to this, the Plaintiff filed an objection with the Minister of Justice on August 18, 2017, but was dismissed on September 3, 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. The gist of the Plaintiff’s assertion was that the Plaintiff worked in D, a member of Ethiopia’s Party B (hereinafter “C”), who is an Ethiopia’s Party to Ethiopia’s Party, and was the Plaintiff’s employee as an Ethiopia’s support party to E. G, a Ethiopia’s Party to Ethiopia. At present, G, a member of Ethiopia’s Party to Ethiopia’s political inclination, conducts an assessment that is not good to other Plaintiff, and the police notifies the Plaintiff that he opposed to government policies by inciting the employees of Ethiopia.

On the other hand, at the time of being employed in D, the Plaintiff participated in the production of edited TV program only with the content opposing the Ethiopia government, among the contents of the interview with any UN. Accordingly, on May 2, 2015, the Plaintiff was arrested in the police and was released after being detained.

Therefore, the instant disposition, which did not recognize the Plaintiff as a refugee on a different premise, is unlawful, since there exists a well-founded fear that the Plaintiff would be subject to gambling from the G and Ethiopia government in the event that the Plaintiff returned to the Republic of Korea due to Ethiopia under the foregoing circumstances.

B. Determination 1 refers to refugee status.

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