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(영문) 서울고등법원 2016.11.30 2016누64946

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 lower court’s acceptance of the judgment of the first instance is as stated in the reasoning of the first instance judgment, except for adding the following judgments, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiff asserts to the purport that the plaintiff has a well-founded fear of persecution when he/she returns to Maternia, since he/she is placed in a situation where he/she may threaten his/her life from Bobane.

However, in full view of the national situation of Austria recognized by the evidence above, the specific contents and character of the Plaintiff’s Park Intake of the Plaintiff’s assertion, the course of entry into the Republic of Korea, and the background of the application for refugee status, etc., it is insufficient to recognize the fact that the Plaintiff suffered substantial persecution from Boi in Austria. It does not seem that there exists a well-founded fear that the Plaintiff might suffer persecution if the Plaintiff returned to Austria.

Therefore, the plaintiff's above assertion is not accepted.

3. Thus, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.