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(영문) 서울고등법원 2017.12.15 2017누77543

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 reasons for the court's explanation of this case are as stated in the reasons for the judgment of the court of first instance, with the exception of 3rd to 11th to 17th of the judgment of the court of first instance as follows. Thus, this part of the court's explanation is 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. It is easy for a refugee applicant to be exposed to gambling if the sexual orientation of the same sex is outside due to the violation of the moral rules or legal rules of the country of origin, and if it is difficult for the applicant to be exposed to gambling, and if the government of the country of origin refuses or is unable to protect it, it can be deemed as a specific social group. In this case, the "persecution" to be received by the foreigner refers to "any act causing serious infringement or discrimination on the essential human dignity, including threats to life, body or freedom, and any act of causing sexual orientation or sexual identity to the outside, and it does not constitute a serious violation of the social morality or social norms of one's.

② Furthermore, the Plaintiff is a same-sex even though he/she is not a same-sex.