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(영문) 서울행정법원 2019.01.16 2018구단20873
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 October 15, 2016, 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 October 24, 2016.

B. On February 5, 2018, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having a well-founded fear that he would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. On March 19, 2018, the Plaintiff filed an objection with the Minister of Justice, but was dismissed on October 5, 2018.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that Ethiopia participated in the anti-government demonstration held on May 8, 2005 and November 1, 2005 from Ethiopia, and the plaintiff was arrested and detained in the police in the demonstration held on November 1, 2005.

The plaintiff, who was detained for 22 days, again, made a commitment that he would not participate in the anti-government demonstration, but again participated in each anti-government demonstration held on December 30, 201 and August 20, 2016.

Among them, in the Anti-Government Demonstration dated August 20, 2016, the part of the plaintiff's demonstration was taken by the police, and the plaintiff was paid attention to the Ethiopiian government.

After that, the plaintiff, who entered the Republic of Korea after 2017, participated in a large number of demonstrations, such as demanding the improvement of human rights of Ethiopia, etc., and led to the Ethiopia government.

Ethiopia government is also monitoring in various ways such as political activities of Ethiopia residing abroad.

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