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(영문) 서울행정법원 2019.07.24 2018구단75347
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 June 23, 2016, 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 June 27, 2016.

B. On August 30, 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 September 21, 2017, but the Minister of Justice dismissed the objection on June 12, 2018.

【Fact-finding without any dispute over the basis of recognition】: Gap evidence 1 through 5, Eul evidence 1 through 4, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was made from the Ethiopia’s country of nationality from Ethiopia to the Ethiopia’s country of nationality, and around January 2016, the Plaintiff participated in the anti-government demonstration two times. Accordingly, the Plaintiff was threatened with a warning that Ethiopia would not participate in the demonstration by Ethiopia government.

In particular, around January 2016, a fire occurred at the university where the Plaintiff was attending, and Ethiopia Police thought that the fire-prevention crime was related to B, which was the organization where the fire-prevention crime was committed for the sake of the rights and interests of the elderly, and that the Plaintiff was arrested and detained as the fire-prevention crime in the fire case.

Accordingly, the plaintiff has a fear that he would be subject to gambling from the Ethiopia government, and entered the Republic of Korea.

Therefore, when the plaintiff returns to Ethiopia, he/she is likely to be threatened with the government's life or physical freedom.

Nevertheless, the defendant's disposition that did not accept the plaintiff's application for refugee status is unlawful.

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