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(영문) 서울행정법원 2019.07.25 2019구단58103
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. The Plaintiff entered the Republic of Korea on October 15, 2016, as an alien of the nationality of the Federal Democratic Republic of Ethiopia (hereinafter “Ethiopia”) (hereinafter “Ethiopia”), with the status of stay C-3 (Short-term Visit) of the Republic of Korea.

B. On October 25, 2016, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on March 9, 2018, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear that there is a risk of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. On April 23, 2018, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground on November 29, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, and the purport of whole pleadings

2. The assertion and judgment

A. On February 2013, the Plaintiff asserted that the Plaintiff joined as a party member B (C called Ethiopia) who is the camping party of Ethiopia.

On June 29, 2014, the Plaintiff posted a notice to the effect that “B is present at the meeting. Other people also oppose the Government.” As a result, the Plaintiff was arrested on May 17, 2016 and was detained in prison until June 3, 2016 and was under investigation.

The plaintiff has been arrested several times thereafter and has been forced to undergo an investigation.

If the plaintiff returned to Ethiopia, one of its home countries, it is likely that the Ethiopia government and women will still be threatened with the right to life or physical freedom due to the anti-government activities conducted as a member B.

Nevertheless, it is not possible.

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