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(영문) 서울행정법원 2015.04.17 2014구합12826
난민불인정결정취소
Text

1. On November 15, 2013, the Defendant’s disposition of non-recognition of refugee status against the Plaintiff is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On July 8, 2012, the Plaintiff entered the Republic of Korea with the status of stay for short-term visits (C-3) on July 8, 2012, and filed an application for refugee status with the Defendant on July 25, 2012.

B. The Defendant, on November 15, 2013, promulgated with sufficient grounds for persecution to the Plaintiff [the Immigration Control Act (amended by Act No. 11298, Feb. 10, 2012; the same applies hereinafter]

) On the ground that Article 2 Subparag. 3 of the Convention on the Status of Refugees, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees cannot be deemed to exist (hereinafter “instant disposition”), a disposition for non-recognition of refugee status (hereinafter “instant disposition”).

C. On January 3, 2014, the Plaintiff filed an objection with the Minister of Justice on January 3, 2014, but was dismissed on June 27, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2 and Eul evidence 1 and 2 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Plaintiff is a “C” as a terrorist organization by the Ethiopia Government (hereinafter “C”) around the end of 2011.

(2) The Plaintiff was detained for a period of up to six months from June 2012 by police and government people, on the ground that he/she supported C. (2) The Plaintiff was led by police and government people to Kalter prison on December 201.

3) The Plaintiff’s father was released from the chief of the police station on or around June 2012 by giving a bribe to the Plaintiff, and thereafter, the Plaintiff was invited to “Peace Youngng Amp” held in the Republic of Korea on the ground that the Plaintiff participated in the Korean War, and left the Republic of Korea on an opportunity. 4) The Plaintiff continued to participate in the demonstration organized by C after entry into the Republic of Korea, recruited a new member, and sold Trts as well as participating in each month.

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