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(영문) 서울행정법원 2018.12.20 2018구단73563
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 December 12, 2015 as a foreigner of the Republic of Ethiopia’s Federal Democratic Republic of Ethiopia (hereinafter “Ethiopia”), who is a national of the Republic of Ethiopia (hereinafter “Ethiopia”).

B. On December 22, 2015, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on July 18, 2017, 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 “profuges with sufficient grounds for fear 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.

C. On August 22, 2017, 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 as on September 3, 2018.

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

2. The assertion and judgment

A. The Plaintiff’s assertion was in office as a teacher in Ethiopia.

The Plaintiff joined as a member of Ethiopia Party B (C) and participated in an election campaign for the said political party. However, the Plaintiff was arrested for about 40 days on the ground that he participated in the election campaign as a public official status and was detained for about 40 days, and was subject to rape.

If the plaintiff returns to Ethiopia, his own country, it is still likely to be threatened with life or physical freedom from the Ethiopia government or women.

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) judgment;

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