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(영문) 서울고등법원 2020.07.01 2019누58379

난민불인정결정취소

Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the judgment of the court of first instance, except for the addition as follows. Thus, it is acceptable to accept this as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary Provisions] The following items shall be added to the 5th 12 pages of the judgment of the first instance.

Inasmuch as the Plaintiff does not go to a church accompanying the believers of the religious organization, the reason is due to language problems. However, considering the Plaintiff’s entry into the Republic of Korea in 2014, it is difficult to easily believe that the Plaintiff does not go to the church until now because of the language problems of the Plaintiff’s entry into the Republic of Korea in 2014. The following is added to the May 20th sentence of the first instance judgment.

G) The Plaintiff’s arna C (hereinafter “C”) was recognized as a refugee for reasons, as alleged by the Plaintiff.

However, in light of the fact that there is no objective evidence to acknowledge that the Plaintiff had been engaged in religious activities as a religious organization B before the application for refugee status was filed, and that it appears that it is currently not attending the church, etc., it is difficult to recognize that the Plaintiff entered the Republic of Korea by avoiding compulsory conscription as a new religious organization B, such as C, based on the circumstance that C was recognized as a refugee.

A person shall be appointed.

2. The plaintiff's claim should be dismissed as it is reasonable.

The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.