2018Nu68676 The revocation of a decision to deny refugee status.

00 (Lifelong in 1988)

Law Firm LLC (Law Firm LLC, Attorneys Gangnam-soo et al., Counsel for the defendant-appellant)

Seoul Immigration and Foreign Commissioner

Litigation performers 100

Seoul Administrative Court Decision 2017Gudan76503 decided September 12, 2018

March 6, 2019

April 3, 2019

1. Revocation of a judgment of the first instance;

2. The Defendant’s disposition to deny refugee status granted to the Plaintiff on March 30, 2016 is revoked.

3. All costs of the lawsuit shall be borne by the Defendant.

The order is as set forth in the text.

1. Details of the disposition;

On October 2, 2014, the Plaintiff (C-3) filed an application for refugee status on October 2, 2014 with the nationality of the Republic of Ethiopia Federal Democratic Republic of Ethiopia (hereinafter referred to as “ Ethiopia”) on the ground that he/she entered the Republic of Korea as a short-term stay (C-3) sojourn, and on November 11, 2014, the Plaintiff was arrested at the police several times due to Ethiopi support activities from Ethiopia and participated in Ethiopic support activities against Ethiopia government during his/her stay in the Republic of Korea, thereby allowing Ethiopia government to sleep. However, on March 30, 2016, the Defendant applied for refugee status on the ground that he/she does not recognize refugee status for the following reasons (hereinafter referred to as “instant disposition”).

[Grounds for recognition] The descriptions of evidence Nos. 1 and 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Summary of the plaintiff's assertion

The Plaintiff, along with Ethiopic Rohn L, was a member of Ethiopic Rohn Hahn, was interested in politics with political influence around 2008. Around 2008, Ethiopic Rohian was affiliated with Ethiopic Roh and Ethiopic 7-8 years, but it does not coincide accurately with Ethiopic Hahh and Ethiopic Hah; hereinafter in this case, the Ethiopic Hah et al.) by his invitation at the beginning of Ethiopic Roh (UDJ D). The Plaintiff joined as a member of Ethiopic Poh and Jusstal Hah (hereinafter referred to as “UDJ D) and was arrested and detained by police.

In addition, there was no interest in the Ethiopia Government in the treatment of Ethiopia workers residing overseas, and the Plaintiff and TL were arrested and detained by the police. After that, the Plaintiff and TL decided to leave Ethiopia Government’s gambling damage. First, while TL was recognized as a refugee in the United States, the Plaintiff entered the Republic of Korea. After that, the Plaintiff is carrying out activities against Ethiopia Ethiopia Party. Accordingly, there is sufficient ground for Ethiopia Government’s gambling in the event that the Plaintiff returned to the Republic of Korea due to Ethiopia. Accordingly, the instant disposition is unlawful.

B. Relevant legal principles

In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee’s emotional sentiments, foreigners who are unable to obtain or do not want to obtain the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, or non-national foreigners who are unable or do not want to obtain the protection of the country of nationality due to such fear, shall be recognized as refugees, and “brising” means “any threat to life, body or freedom, or grave violation of the essential dignity of human beings, or acts causing discrimination.” In light of the special circumstances of refugees, a foreigner applying for refugee status shall be proven that there is “an adequate well-founded fear of human dignity,” such as a threat to such life, body or freedom, and that there is a sufficient evidence to prove all facts by objective evidence, and in light of such circumstances as the degree of consistency and persuasiveness of his/her statement in the region, the applicant’s subjective fear and credibility of his/her residence, etc.

In addition, if the above evaluation is reasonably acceptable, there is a sufficient well-founded fear of gambling, which is a requirement for refugee recognition, unless there are special circumstances to deem that the situation of the country of origin was significantly changed and that the possibility of gambling has been significantly extinguished (see Supreme Court Decision 2010Du27448, Apr. 26, 2012).

(c)Recognizing facts1) The Ethiopia’s political anxietys are the federal Republic consisting of nine major elements, the President is the head of the State, but is in charge of symbolic and genetic roles, and the General Council adopts the parliamentary system responsible for state affairs as an executive accompanying with the executive branch. The People’s Council (Hawon, 547, 5 years, 5 years, 153, 5 years, 5 years); the Congress of the Federal Council (or the Standing Board, 153, 5 years);

The two-dimensionals of the People's Council, but the People's Council has the highest power.

EPDRF (EPDF) is a political party organized by several organizations in order to get a socialist military regime more than 1989, 493 of 547 of 547 of the People's Council at the first line of May 7, 1995, 481 of 547 of the People's Council at the second line of May 200, 200, and 327 of 547 of the People's Council at the third line of May 3, 2005, and maintaining a daily control system.

However, Ethiopia has developed the student demonstration that began in April 2001 as a large-scale anti-government demonstration, and the President resigns around June 2001, and the president of the Congress around August 2001, and the president of the Congress of the United States has been deprived of the United States. Since then on December 2003, Ethiopia conflicts occurred between the two mets surrounding the issue of residence rights and the land in the Slive Slive Slive Slive Slive Slive Slive Slive Slive Slives and the demand for democratization were continued as well as the dispute and democratization between the mets, such as the occurrence of large-scale student demonstration, focusing on the Ethiopia and Ostals.

On May 3, 2005, at the 3rd general line, there was a demonstration, such as camping party and college students, claiming the illegal speculation and ballot counting on the side of the camping party. Accordingly, on June 8, 2005, 40 persons of war from the A.I. S. S. S. S. S. S. S. S. S. S. 40 death

and 100 injured persons have occurred.

In 2008, the party members who retired from the past CUD(UD) were the main axis and established UDJ. UDJ mainly opposed to the national federal system, and argues that respect for the rights and interests of workers, respect for the rights and interests of farmers, guarantee of the rights and interests of farmers, respect for the political offenders from the camping party, removal of anti-terrorism law. UDJ has mainly constituted a guidance division and has almost all areas and ties in Ethiopia.

In July 2009, the Anti-Terrorism Act passed the Congress. The international community raised concerns that it will restrict freedom of expression and fair trial. From May 2010 to May 201, major camping candidates were killed and bomb terrorism occurred from the election campaign period for the fourth general election.In the fourth general election, the EPDF, the centralized party, and the associated political party, which is favorable to it, occupied 545 of the People's Council of 547.

One of the remaining two seats was Medrek, and one was affiliated with it. Medrek was a political party organized in 2008, and UDJ was incorporated in 2009. Medrek mainly criticizes the non-equal economic policies of EPDF.

In May 5, 2015, EPEF, which is the centralized party, was 500 persons and 547 persons of the People's Council, who account for 47 persons.

2 ) 에티오피아 집권당의 자국민 감시국제인권감시기구의 2006년 에티오피아 보고서에 따르면, 에티오피아 집권당은 정부에 대한 불만 세력을 차단하거나 처벌하기 위해 여러 가지의 인권 탄압 수단을 쓰고 , 무장봉기 또는 테러리즘의 위협을 과장하며 비판 세력과 일반인을 고문하거나 가뒀으며, 실제로 2004년 아디스아바바 대학교 및 중 · 고등학교에서 발생한 학생 시위에서 수백 명의 학생이 체포되었다. 2005년 시위 이후에는 학생뿐 아니라 교사들의 표현의 자유를 통제하기 위한 강압적인 수단을 썼다 .

According to the International Human Rights Monitoring Organization’s monitoring data related to Ethiopia in March, 2010, from early 2009 to avoid the participation of Ethiopia in Ethiopia, its citizens have been supervised in the way of “5:1 system from early 2009. In particular, when one of the party members participates in a meeting, etc., he/she is equipped with a system to report to the upper part.

According to the data related to monitoring of Ethiopia Party in March 2014, Ethiopia Ethiopia, as the Internet and mobile communication technology developed, Ethiopia Ethiopia monopolys the remote communication industry through Ethiopia in the state-run enterprise from 2010, and controls the freedom of expression by frequently blocking radio and TLV broadcasts, in addition to radio and TLV broadcasts, from the site of the Party’s web site, independent press site, tables, and other international media from time to time, and also collecting intelligence to Ethiopia residing abroad as well as in the Republic of Korea. 3) The Plaintiff’s Ethiopia in Ethiopia in the Republic of Ethiopia.

원고는 초등학생 시절 ( 1992년부터 2003년까지 ) 부터 TL과 한 동네에서 절친한 친구로 지냈고, 2004년에 고등학교 ( 중학교는 없다 ) 에 입학하여 2007년에 졸업했다. 2008년 ( 에테오피아력 2001년 ) 경 TL의 권유로 친구 2명과 함께 UDJ에 가입한 이후, TL을 비롯한 친구 3명과 함께 그룹을 형성하여 주로 UDJ 당원 모집, 소책자, 현수막 디자인 등의 활동을 했다. 그 업무는 TL이 UDJ 상부의 지시를 받아 원고 소속 그룹에 전달하여 원고 등과 함께 실행했다. 원고는 2008년 ( 에테오피아력 2001년 ) 경 에티오피아 남부의 퐁게 지역을 순회하며 적법하게 UDJ 당원 모집, 교육을 하던 중에, 갑자기 문을 부수고 들어온 경찰에게 체포되어 구타, 모욕 등을 당하다가 3일 만에 풀려났다 .

After that, in 2010, the Plaintiff entered Alpha University (Alpha Universe) located in Alphaba, and retired from the university in around 2013. On November 2013, the Plaintiff demanded improvement of treatment for Ethiopia workers in Ethiopia located in Ethiopia Embassy before the Embassy of Ethiopia, Ethiopia, and took part in peace and demonstration along with TL. However, Ethiopia police arrested approximately 10 participants of the demonstration. The Plaintiff and TL were arrested at the police station, and was confined to the Central Investigation Center (hereinafter referred to as Ethly referred to as the “Ethra”), and was contacted with the police inside the city, and became released on three days after having known the police inside the city.

After approximately two weeks prior to this release, TL left Ethiopia and entered the United States into the Republic of Korea on June 13, 2014, and came to the United States on June 13, 2014. TL paid a price to Estrate that helps to issue a visa, and then went to the United States. At the time prior to that departure, the Plaintiff discussed about the threat of concealment, etc. due to his political election. 4) The Plaintiff’s entry into the Republic of Korea after the entry into the Republic of Korea.

On February 4, 2014, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on October 28, 2014, and applied for refugee status to the Defendant on November 11, 2014. Since 2015, SB was known as a member of Jint7 Republic of Korea branch. The Ethiopia Government designated Jin 7 (Gainbot7) as a terrorist group. The Ginbotg branch of the Republic of Korea held an assembly at a meeting set forth in the establishment of an unfair border line between the Ethiopia government and the government means of the Republic of Korea before the Embassy, around December 27, 2015, the Plaintiff participated in the meeting. The establishment of the border line was a serious political benefit of Ethiopia EPD for Ethical Party, but it was a political benefit of Ethiopia, while it is a political benefit of Ethiopia.

On March 15, 2016, the Plaintiff made an interview upon a request for refugee status on March 15, 2016, participated in a fund-raising event of Jindon 7 around April 2016, and participated in an assembly to kill Oindon who is one of the nation of Ethiopia around October 2016.

5) The Plaintiff’s family member, family member, and family member of Ethiopia Government’s surveillance of Ethiopia Government’s Ethiopia (1984 birth) entered Italian on February 4, 2014 with a passport issued on August 27, 2016, and were issued a visa for the effective period from September 9, 2016 to September 23, 2017, and March 3, 2018.

15."The plaintiff was threatened with hiding from EPDRF for the reason that he was admitted to UDJ, and all of his family members as well as the plaintiff were under surveillance on the government's black list.

The personnel of the intelligence agency tried to find the plaintiff at home and arrest the plaintiff. After departure of the plaintiff, the plaintiff continued to find his/her whereabouts and the plaintiff's departure from Korea is related to the terrorist list.

Around July 2016, the Plaintiff’s family member was investigated by police. Around July 2016, the Plaintiff’s family member was found to be evidence, and the Plaintiff’s family member went away from Italy with his wife and the side her husband while keeping it in Ethiopia.

[Grounds for Recognition] Each statement or image of Gap's evidence Nos. 3, 5, 9, 11, 13, 14, 15, 17, 20 through 26, 32, 33, 34, Eul's evidence Nos. 2, 3, 5, 6, and 13 (including serial numbers; hereinafter the same shall apply), the result of the plaintiff's questioning by the appellate court, and the purport of the whole pleadings

D. Determination

In full view of the grounds for recognition mentioned above, Gap evidence Nos. 29, 31, Eul evidence Nos. 8, 9, 14, and 15, and the plaintiff's personal examination results and the whole purport of arguments in the appellate court, the following circumstances may be acknowledged in addition to the above facts. In light of the legal principles as seen earlier, the plaintiff has "a well-founded fear that the plaintiff might be detrimental to the plaintiff's political opinion" of Ethiopia government, a nationality state, and there is a high possibility that the plaintiff can not be protected by its nationality state if he returns to Korea due to Ethiopia. Therefore, the plaintiff's assertion is with merit.

① The Plaintiff’s accession to UDJ and the Plaintiff’s activities of party members, the process of joining the UDJ, the process of recruiting party members after joining the UDJ, and the arrest and detention by police, etc. from the refugee interview to the appellate court, are relatively productive and consistent ( regardless of any somewhat consistency in the Plaintiff’s statements related to the date, this is acceptable in light of the Plaintiff’s use of Ethiopia and the natural progress following the ten-year lapse of time, etc., and thus, it does not interfere with the recognition of consistency in the Plaintiff’s statement).

Compared with the UDJ evidence related to the UDJ party membership card prepared by the Canadian Immigration and Refugee Committee of Canada, there is no circumstance to suspect that the appearance, form, and description of the Plaintiff’s party membership card were forged or altered. Furthermore, even though the Plaintiff’s membership process does not coincide with the UDJ membership procedure, such as three-month training period and the recommendation of branch offices, the Plaintiff joined the political party around 2008 when the UDJ was established. It seems virtually difficult to expect that the UDJ membership procedure was conducted strictly in accordance with the due process.

② The Plaintiff’s perception of the political situation of Ethiopia does not accurately reflect the content of the Ethiopia’s general data prepared by the Ministry of Foreign Affairs on May 4, 2010, at the time of refugee interview.

However, different from the above Ethiopia's general data prepared by the Ministry of Foreign Affairs, UDJ incorporated into Medrek in December 2009 in comparison with the fourth total line in December 2010, and Medrek, in the fourth general line, occupied one of the seats of the People's Council by UDJ. On June 21, 2010, there are materials related to external articles, UDJ and Medrek related to the fourth general line of Ethiopia, Ethiopia, Ethiopia's 4th general line. Therefore, it is not readily concluded that the Plaintiff's statement made at the time of refugee interview is irrelevant to the Ethiopia's political situation.

③ Degree of the Plaintiff’s gambling and fear thereof in Ethiopia

In 208, the Plaintiff appeared to have been arrested and detained in the Ethiopia government's black list with the arrest and detention in around 2008 (Ethiopia, 2001). After that, around November 2013, the Plaintiff participated in demonstration against Ethiopia's national workers in Ethiopia with TL, etc., and was arrested by the police and detained for three days before the Embassy of Ethiopia.

The Ethiopia Government announced the press that reported the demonstration as ‘unauthorized demonstration' and arrested the demonstration participants. However, since the media was controlled within Ethiopia at the time and the freedom of expression is extremely limited, the above presentation by Ethiopia Government alone does not deem that the demonstration is not related to Ethiopi activities.

Furthermore, the issue of ‘unfair treatment for Ethiopia', which was the main issue of the demonstration, is in the context of political instruments such as guaranteeing workers' rights and interests mainly pursued by UDJ.

Therefore, the Plaintiff’s political activity that criticizes the Ethiopia’s government policy for Ethiopia’s Korean national workers residing overseas, and it is not important that the Plaintiff participated in as a member of the UDJ. If the Plaintiff does not escape from Ethiopia, it appears that the Plaintiff could sufficiently feel the fear that his political view or activities may endanger the health and safety of the human body.

(4) Recognition of refugee status of TL

Upon the recommendation of the TL, the Plaintiff joined the UDJ, as a party member, and thereafter recruited new party members and produced banners, etc. In particular, the Plaintiff was in the position of an interim manager of the Plaintiff’s early member of the UD establishment, and was arrested and detained on November 2013, the Plaintiff determined that his body would not be safe. The Plaintiff immediately left the Ethiopia and entered the U.S., and was recognized as refugee status only for a period of time. As such, the Plaintiff, one of the most of the main subjects of Ethiopia Party’s right to gather, had expressed that the Plaintiff’s political activities opposed to EPF within Ethiopia were in the position of an interim manager, and that the Plaintiff’s personal interests were arrested and detained, and that the Plaintiff’s personal interests were in accord with the Plaintiff’s e-mail and its personal opinions during the period of time consistent with the Plaintiff’s political activities.

⑤ Comprehensively taking account of the annual Ethiopia report by the Ethiopia Government Monitoring International Human Rights Monitoring Organization for the Plaintiff and their families, Ethiopia Ethiopia has been under the control of the government’s critical force by exaggerationing terrorism threats, and was criticized in July 2009 that the Anti-Terrorism Act passed at Congress and would be very limited to the freedom of expression from the international community. Furthermore, the operation of the self-state monitoring system is under the control of the media and Internet media, and monitoring the overseas citizens through the Embassy stationed in each country.

In light of the above, the plaintiff's statement that the plaintiff and his family members were subject to surveillance by the Ethiopia Government is reliable. In this regard, the plaintiff's punishment was prepared to the effect that the plaintiff's continued surveillance and investigation by the Ethiopia Government were escaped to Italian around July 2016. The contents of the statement are supported by objective data such as the visa issued in Italian punishment.

6. Grounds for issuance of the Plaintiff passport

On February 4, 2014, the Plaintiff received a passport from Ethiopia. From the Plaintiff on and around November 2013, 2013, the period between the Plaintiff and the Plaintiff, who was arrested in the process of demonstration, entered the U.S. after departure from the Republic of Korea, even though tethiopia was the main object of Ethiopia Ethiopia Party. There is no circumstance to suspect that TL was forged or smuggling in the course of entry into the Republic of Korea. The border surveillance of Ethiopia is somewhat solid. It is the national circumstantial material of the U.K. internal jurisdiction in the United Kingdom. The Plaintiff’s personal questioning on the grounds that the issuance or renewal of a passport and the passage of the passport review at Ethiopia was considerably acceptable.

7) Even though the Ethiopia Government already designated Jon 7 as a 'Terrorism Group' after entry into the Republic of Korea, the Plaintiff participated in the activities of Jind 7 after entry into the Republic of Korea. This behavior continues to express a political opinion that the Plaintiff opposed to Ethiopia Ethiopia Party that he had in the past from the Republic of Korea.

The circumstance that the Plaintiff did not engage in special political activities for a period of up to one year after filing an application for refugee status, and that the Plaintiff was not a member of UDJ at the time of refugee interview can be deemed as having a short-term gap in political activities in the course of entering another country from Ethiopia Ethiopia Ethiopia to change a political group to which he belongs, and no special doubtful part is found in the process of applying for refugee status.

At present, Ethiopia Government seems to be a provisional and transitional measure that takes place after the instant disposition was taken, as well as after the election of a new Ethiopia.

For this reason, the plaintiff cannot be deemed to have clearly extinguished the possibility of persecution on the grounds of political opinion.

E. Sub-decision

Since the instant disposition is unlawful, it shall be revoked.

3. Conclusion

The plaintiff's claim shall be accepted on the grounds of its reasoning. The judgment of the court of first instance is not justifiable on the grounds of its conclusion. The plaintiff's appeal is with merit, and the judgment of the court of first instance is revoked, and the disposition of this case

Judges Park Jong-nam et al.

Judges Jeong Jae-ok

Judges are accommodated in judges;