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(영문) 서울행정법원 2019.01.17 2018구단20323
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 October 15, 2016, as an alien of the nationality of the Federal Democratic Republic of Ethiopia (hereinafter “Ethiopia”) (hereinafter “Ethiopia”), with the status of stay C-3 (Short-term Visit) of the Republic of Korea.

B. On October 25, 2016, the Plaintiff filed an application for recognition of refugee status with the Defendant, but the Defendant, on February 27, 2018, issued a disposition on recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “profuges that there are 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 Refugee Protocol on the Status of Refugees.

C. On March 22, 2018, 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 14, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 4 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that Ethiopia B political party (C) held and expressed its opinion at a meeting held in Adisis Aba (Adis Ababa) in relation to the separation and independence of the Ethiopia area. The Plaintiff was engaged in political activities, such as distributing leaflets land relating to the above issue.

In addition, from around 2016, the Plaintiff posted materials and letters related to the separation and independence of the well-dying area by utilizing D.

The Plaintiff was arrested on the ground that he engaged in activities related to separation and independence in the well-dying area, and was detained for about 20 days around June 2016.

If the plaintiff returns to Ethiopia, its home country, it shall be the same.

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