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(영문) 서울고등법원 2018.03.22 2017누89812

난민불인정결정취소

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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 judgment of the court of first instance, which cited the reasoning of the judgment, is the same as the reasoning of the judgment of the court of first instance, except for the addition of the judgment as to the plaintiff's assertion, and thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 42

2. Additional determination by this Court

A. The plaintiff's assertion that is the plaintiff's nationality state of the Republic of Korea does not expect any protection from the police, and the police officer of Austria seeks not to participate in the threat from traditional religious believerss. Thus, the plaintiff should be recognized as a refugee.

B. According to the evidence No. 6-1 and No. 2 of the judgment of the court below, it seems that there was no high trust among the people of Maliria in the police.

However, such circumstance alone is insufficient to readily conclude that the Plaintiff is unable to obtain protection from the village residents in response to the threat as alleged, and there is no other evidence to acknowledge it.

3. The judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit.