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(영문) 서울고등법원 2019.04.03 2018누68676
난민불인정결정취소
Text

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...

Reasons

1. On October 28, 2014, the Plaintiff (RR) filed an application for refugee recognition on the ground that his/her nationality entered the Republic of Ethiopia Federal Democratic Republic of Ethiopia (hereinafter “Ethiopia”) as a short-term visit (C-3) stay in the Republic of Korea on a short-term basis, and on November 11, 2014, “the Plaintiff was arrested several times by Ethiopia support activities at Ethiopia and is likely to be stuffed by Ethiopia Government by participating in any demonstration against Ethiopia Government during his/her stay in the Republic of Korea.”

However, on March 30, 2016, the Defendant rendered a decision that the Plaintiff does not recognize refugee status for the following reasons (hereinafter “instant disposition”).

The Plaintiff’s assertion does not constitute “a sufficiently-founded fear that she would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”). / [The grounds for recognition] the respective descriptions of evidence Nos. 1 and 3 and the purport of the entire pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is as follows: (a) the Plaintiff, along with the NAVS (S, hereinafter “S”) from the Auin city in the Asia, was interested in politics by having political influence.

Around 2008, Ethiopia was admitted to D (D; hereinafter referred to as “D”) with his invitation at Ethiopia (i.e., the Ethiopia’s inherent station method in 2001, which differs from Ethiopia’s Ethiopia’s 7-8 years, but does not exactly coincide with Ethiopia’s Ethiopia’s 7-8 years; hereinafter referred to as “N”) and was arrested and detained by the police.

In addition, the Ethiopia government did not have an interest in the treatment of Ethiopia workers residing overseas, and it was arrested and detained by the police as well as S.

After that, the plaintiff and S.

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