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(영문) 서울행정법원 2019.05.09 2019구단2926
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 February 11, 2017, as an alien of the nationality of the Federal Democratic Republic of Ethiopia (hereinafter “Ethiopia”) (hereinafter “Ethiopia”), with the status of stay C-3 (short-term visit) of the Republic of Korea.

B. On February 15, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on March 29, 2018, 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 May 8, 2018, and filed an objection with the Minister of Justice. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground on November 29, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 2 and 4, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is an Ethiopia women born at Ethiopia City of Ethiopia (Amhara) Amhara.

In 2016, the Plaintiff was staying there together with the Plaintiff’s misinception when the riot occurred in the difficult situation. However, the Plaintiff was arrested by the Ethiopia government and was arrested due to the Plaintiff's misincation.

In addition, after the death of the plaintiff, the plaintiff was raped from 4-5 soldiers who found the plaintiff's house at the time of death.

If the plaintiff returns to Ethiopia, he/she is still likely to be threatened with the Ethiopia government and military personnel's right to life or physical freedom.

Nevertheless, the plaintiff's application for refugee status is filed.

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