난민불인정결정취소
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.
1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted in the court of first instance was presented to this court, the fact-finding and judgment of the court of first instance are justified.
Therefore, the reasoning of the judgment of the court on the instant case is as follows, except where the plaintiff added a judgment on the assertion that is new to the instant case as the grounds of appeal by this court, and as such, the reasoning of the judgment of the court of first instance is as stated in Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. The Plaintiff asserts that the issuance of a passport can be made for the purpose of guaranteeing the departure of a person who is not a half-year in the country of origin according to the UN Refugee Status Recognition Standard and Procedure Manual and Guidelines (Evidence A) issued by the UN Refugee Agency, and that the mere possession of a valid passport does not constitute an obstacle to the recognition of refugee status. Thus, even if the Plaintiff left Korea without a separate problem, it cannot be said that the Plaintiff might not be subject to gambling even if he left Korea through his own airport.
However, the above guidelines (Evidence A) provide that "the possession of a passport shall not be deemed to have shown that there is no evidence or fear of loyalty of the holder immediately." In light of the overall contents and context of the above guidelines, the mere fact that the applicant holds a valid passport in determining "conscepting against gambling" shall not be deemed to have any fear of gambling" (the circumstance that the applicant holds a valid passport does not constitute an obstacle to determining that there is fear of gambling).
In this case, "Plaintiff" is the reason that the plaintiff holds a valid passport.