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(영문) 서울고등법원 2016.12.21 2016누70170

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, when he returns to Memera in the trial, he may be forced to join the organization from the members of traditional religious style, and thus, the plaintiff has a well-founded fear of being boomed in the country of nationality.

However, in full view of the specific details of the Plaintiff’s gambling and mercence, the Plaintiff’s entry route, and the circumstances leading up to the application for refugee status, the mere evidence submitted by the Plaintiff does not seem to have sufficient fear to deem that the Plaintiff could be stuffed on the grounds of his/her membership in a specific social group or religion.

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.