logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2019.01.30 2018구단20477
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 July 12, 2015, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of the Federal Democratic Republic of Ethiopia (hereinafter “Ethiopia”), and applied for refugee status to the Defendant on July 21, 2015.

B. On July 17, 2017, the Defendant rendered a decision on the refusal of refugee status on the ground that the “ sufficiently based fears that the Plaintiff would be subject to persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees cannot be recognized.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on August 17, 2017, but the Minister of Justice dismissed the objection on September 3, 2018.

[Ground of recognition] The fact that there has been no dispute, Gap's 1 through 4, Eul's 1 through 4 (including the number of pages), and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that from around 2012 when he/she served as Ethiopia Air Force, the government had been detained in prisons for one month from June 27, 2013 to July 26, 2013, and participated in any demonstration against the Ethiopia Government in the Republic of Korea even after he/she was released from prisons.

There is a well-founded fear that if the plaintiff returned to Ethiopia, it would be detrimental to Ethiopia's political view.

B. 1 The term “refugee” is either 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 injured on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion, or such fear.

arrow