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(영문) 서울행정법원 2019.04.25 2019구단52396
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 August 4, 2016, with the nationality of the Federal Democratic Republic of Ethiopia (hereinafter “Ethiopia”), as a foreigner of the Republic of Ethiopia (hereinafter “Ethiopia”).

B. On August 8, 2016, the Plaintiff filed an application for refugee status with the Defendant, but the Defendant, on December 28, 2017, issued a disposition to deny refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear that there is a risk 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 Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff dissatisfied with the instant disposition on February 1, 2018, and filed an objection with the Minister of Justice, but 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 1, 2, Eul evidence 1 to 3, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff was a public official belonging to Ethiopia B as an Oral momomoos.

On November 16, 2009, the Plaintiff joined a political party representing the interests of the ozones as a member, and participated in any demonstration opposing Addis Abbba (Abbba) expansion plan on December 12, 2015.

The Plaintiff was arrested by the police on December 15, 2015, following the Plaintiff’s participation in the demonstration, and was detained until December 20, 2015, and was released upon a warning to the effect that “a speech that does not continue to engage in the demonstration” was released.

In the event that the Plaintiff returned to Ethiopia, it is likely to threaten the life or physical freedom of the Ethiopia government due to the aforementioned Cpolitical membership, the participation in anti-government demonstration, etc.

Nevertheless, it is not possible.

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