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(영문) 서울행정법원 2018.11.28 2018구단15543
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 3, 2012, the Plaintiff entered the Republic of Korea with the status of general training (D-4) sojourn on September 3, 2012, and applied for refugee recognition to the Defendant on July 7, 2017 (hereinafter “instant application”).

B. On October 25, 2017, the Defendant rendered a decision on the recognition 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. On November 13, 2017, the Plaintiff filed an objection with the Minister of Justice on November 13, 2017, but was dismissed on June 12, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. After entering the Republic of Korea, the Plaintiff joined an organization of SMNE (NE) and participated in an assembly and demonstration against the present government of Ethiopia open at the Embassy of Ethiopia in the Republic of Korea.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee on a different premise is unlawful, inasmuch as there exists a well-founded fear that the Plaintiff would be subject to gambling from the Ethiopia government in case of returning to the Republic of Korea due to Ethiopia.

B. 1) The term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be harmed by race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, cannot return to, or does not want to return to, the country in which he/she resided before entering the Republic of Korea (Article 2 of the Refugee Act).

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