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(영문) 서울행정법원 2019.04.24 2018구단67735
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 May 26, 2015, 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 July 3, 2015.

B. On July 14, 2017, the Defendant rendered a decision on the refusal of refugee status on the ground that the “ sufficiently based fears that the Plaintiff would be subject to persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees cannot be recognized.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on August 28, 2017, but the Minister of Justice dismissed the objection on June 12, 2018.

【Fact-finding without a dispute over the basis of recognition】 Facts, Gap evidence 1 through 4, and Eul evidence 1 through 3, the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that, while supporting B as an organization in which a strike was conducted for the rights and interests of the Laos, the Plaintiff was engaged in confidential activities, such as distributing B’s initiatives containing B’s information, and was joined the Party C of Ethiopia and was working as a party member.

B B B B was arrested by the police and detained for about three months prior to entry into the Republic of Korea, and was released. The Plaintiff engaged in counter-government activities in the Ethiopia general election in 2015, and participated in the anti-government demonstration several times even after entry into the Republic of Korea.

Therefore, when the plaintiff returns to Ethiopia, he/she is likely to be threatened with the government's life or physical freedom.

Nevertheless, the defendant's disposition of this case which did not accept the plaintiff's application for refugee status should be revoked as it is unlawful.

(b) Determination 1 is a member of a particular social group of race, religion, nationality, and origin of the refugee applicant.

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