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(영문) 서울행정법원 2019.01.09 2018구단21371
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 December 27, 2008, the Plaintiff entered the Republic of Korea as an alien of Ethiopia’s nationality (D-2) and applied for refugee recognition to the Defendant on August 1, 2017 (hereinafter “instant application”).

B. On August 18, 2017, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. On September 29, 2017, the Plaintiff filed an objection with the Minister of Justice on September 29, 2017, but the objection was dismissed on September 14, 2018.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 2, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Although the grounds for applying for refugee status do not specifically appear in the summary of the Plaintiff’s assertion, it is written in the complaint to the effect that the application for refugee status is filed on the same grounds as the Plaintiff alleged in the procedures for refugee status screening, the Plaintiff’s assertion was arranged based on the Plaintiff’s statement at the time of the Plaintiff’

The plaintiff supported Ethiopia and served in the Army for four years under the Government B of Ethiopia. After the change of the Government B, the plaintiff was forced to be discharged from military service for the excessive government's dissolution, and was detained for about eight months under the Military Rehabilitation Program.

In addition, the plaintiff conducted research on discrimination against the "after-child", which is a small number of deficiencies in Ethiopia, and around 2007, the police searched the plaintiff's home and seized research data.

Therefore, it is sufficient that the Plaintiff would be stuffed on the ground of his status and political opinion as a member of a specific social group, which is a soldier of the previous government, in the event that the Plaintiff returned to Korea due to Ethiopia.

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