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(영문) 서울고등법원 2016.12.21 2016누70538

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. Quotation of the first instance judgment

A. The reasoning for this case is identical to the reasoning of the judgment of the court of first instance, and thus, this case is cited by Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

B. The plaintiff asserts that, in the case of return from the trial of the party to ASEAN, the plaintiff may be threatened with a threat, and therefore, the plaintiff has repeatedly accepted a well-founded fear of persecution in the country of nationality.

However, in full view of the specific contents of the Park In-Ground asserted by the Plaintiff, the Plaintiff’s entry route, and the circumstances leading up to the application for refugee status, it does not seem that there is a sufficient well-founded fear to deem that the Plaintiff is likely to suffer persecution on the grounds of his/her membership in a specific social group or political opinion.

According to this, the plaintiff's assertion is not accepted.

2. The plaintiff's claim for conclusion shall be dismissed on the ground that the plaintiff's claim is without merit.

The judgment of the court of first instance is justifiable in conclusion as above.

Therefore, the plaintiff's appeal is dismissed because it is without merit.