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(영문) 서울고등법원 2020.09.18 2020누41742

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 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 shows additional evidence (Evidence A No. 3), the fact-finding and the judgment of the court of first instance are justified.

Therefore, the reasoning of the judgment by the court concerning the instant case is as stated in the reasoning of the judgment of the court of first instance, except where the judgment on the assertion that the Plaintiff emphasizes as the ground for appeal is added to Paragraph 2, and thus, it is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of

2. Additional determination

A. The Plaintiff asserted to the effect that, at the time of refugee interview, the Plaintiff’s statement was relatively specific and consistent on the grounds that the risk of harming himself/herself was incurred, and even if some of the statements are inconsistent with the details, such part is due to the Plaintiff’s suffering from refugee interview in unstable psychological conditions due to the Plaintiff’s experience in booming himself/herself, and thus, in light of such circumstances, the Plaintiff’s assertion that the Plaintiff’s refusal to participate in the war would be likely to be threatened if he/she were to receive advisory from the government and return to the government as a means to return to the country.

However, considering the above circumstances, the first instance court’s determination that it is difficult to believe the Plaintiff’s assertion on the ground for applying for refugee status is reasonable and it is not acceptable to accept the Plaintiff’s above assertion, in light of the evidence cited by the first instance court and the circumstances acknowledged thereby, even if the Plaintiff’s assertion and submitted evidence are comprehensively considered.

B. According to the UN Refugee Organization’s “Standards and Procedure Manual” and the UNHCR, the Plaintiff asserts that, even if the refugee applicant did not yet express his/her political opinions, the applicant expressed his/her opinion between time and time, thereby creating conflict with the authority.