beta
(영문) 서울고등법원 2016.08.17 2016누40216

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 since the plaintiff is faced with a situation in which he feel a threat of life when he returns to Kamera in the trial, there is a sufficient fear of persecution in the country of nationality to the plaintiff.

However, in full view of the security situation of Kamera recognized by the evidence adopted by the first instance court cited earlier, the Plaintiff’s entry route, the period from entry into the Republic of Korea to the application for refugee status, and the circumstances leading up to the application for refugee status, etc., there is no sufficient fear to deem that the Plaintiff is likely to be injured on the grounds of his/her membership in a specific social group or

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.