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(영문) 서울행정법원 2018.12.13 2018구단71444
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 September 10, 2015 as an alien of the nationality of the Federal Democratic Republic of Ethiopia (hereinafter “Ethiopia”), who is a national of the Republic of Ethiopia (hereinafter “Ethiopia”).

B. On September 30, 2015, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on July 17, 2017, the Defendant rendered a disposition on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear of persecution” as prescribed by 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 September 4, 2017, 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 June 12, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, and the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion was made by the Plaintiff as a researcher of B, who is a responsible research institute of Ethiopia.

On April 22, 2015, the Plaintiff participated in the anti-government demonstration organized by Ethiopia C (D) which is the camping party of Ethiopia, and was arrested in the police and detained for four days.

The plaintiff is a public official in Ethiopia, and as such, it is anticipated that the power of participating in the anti-government demonstration will be subject to surveillance from the government in the future, and the workplace life may be difficult.

Nevertheless, the defendant's disposition of this case which did not accept the plaintiff's application for refugee status should be revoked as it is unlawful.

B. Article 2 Subparag. 1 of the Refugee Act is determined.

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