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(영문) 서울고등법원 2017.03.31 2017누30858

난민불인정결정취소

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation of this case is the same as that of the judgment of the court of first instance. Thus, the court's explanation of this case is based on Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act

(1) In light of the purport of the Supreme Court Decision 201Du14378 Decided April 28, 2013, the Plaintiffs’ assertion that “The grounds alleged in the trial in the appeal are different from those as alleged in the first instance court.” Considering that the Plaintiffs’ assertion and the facts stated in the Evidence Nos. 21 through 26 additionally submitted in the above argument and the trial, the Plaintiffs’ assertion that “a person who, as a religious organization activity, enters Korea upon being arrested or detained in the pertinent religious-related activities subject to punishment in the country of nationality, entered Korea for the purpose of being recognized as a refugee, has a well-founded fear that would be detrimental to the government of the country of nationality if they return to the country of nationality, or who, as a leading activity in relation to the pertinent religion, return to the country of nationality, has a well-founded fear that the government of the country of nationality would be subject to persecution in the country of nationality, and thus, the Plaintiffs’ claim for fact-finding and the judgment of the first instance court should not be dismissed.”