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(영문) 서울고등법원 2019.08.13 2019누31206
난민불인정결정취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The grounds for the judgment to be stated in this part of the non-recognition of refugee status shall refer to Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, “1. Circumstances of dispositions” between the first and second pages of the judgment of the first instance pursuant to the main sentence

2. The gist of the Plaintiff’s assertion was that the Plaintiff joined Ethiopia as a member of Ethiopia Party B (C) and carried out an election campaign for the said political party, and was arrested for about 40 days on the ground that he participated in the election campaign as a public official status, and was detained for about 40 days on the ground that he participated in the election campaign.

In the event that the Plaintiff’s return to Ethiopia, its home country, is likely to threaten the Ethiopia government, the female government, and the freedom of life or physical freedom, so the Plaintiff should be recognized as a refugee.

3. (i) Examining each of the statements set forth in Gap evidence Nos. 4, 5, 6, 7, 9, and Eul evidence Nos. 1, 3, and 4 in light of the overall purport of the pleadings as follows:

The Plaintiff was a general member of Ethiopia Party B, who was not a major member of the said political party.

In addition, even if the plaintiff's statement was made in the refugee interview investigation, the plaintiff was admitted as a party member B and was arrested and detained after about 4 to 5 months passed, and the period of election campaign as a party member of the above political party is not that.

In light of the above Plaintiff’s status and activity level, it is difficult to view that Ethiopia Government and Ethiopia Government and Ethiopia are highly likely to engage in gambling by paying attention to the Plaintiff for political reasons.

According to the statement made by the Plaintiff in the refugee interview investigation, the Plaintiff was detained in Ethiopia for about 40 days from July 2015 to August 2015, and was able to serve as a teacher after release as bail, and was not subject to any restriction on departure from the country’s airport around December 2015.

The plaintiff is a political reason.

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