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(영문) 서울고등법원 2020.11.20.선고 2020누51749 판결

난민불인정결정취소

Cases

2020Nu51749. Revocation of a decision not to recognize refugee status

Plaintiff-Appellant

A

Attorney Jeon Jae-in, Counsel for the defendant-appellant

Defendant Appellant

The head of Seoul Immigration and Foreigner

The first instance judgment

Seoul Administrative Court Decision 2019Gudan13858 decided July 22, 2020

Conclusion of Pleadings

020, 10 October 30

Imposition of Judgment

2020, 11,20

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1. Purport of claim

On April 25, 2018, the defendant revoked the disposition of non-recognition of refugee status against the plaintiff on April 25, 2018.

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

Reasons

1. Quotation of the first instance judgment

The reasons for this case are as follows: ① “Plaintiff” in Section 8 of the judgment of the first instance court in Section 18 is dismissed as stated in the reasoning of the judgment of the first instance, ② add “after being known” to the right side of “after being known” in Section 6 of Section 10. ③ In Section 8 of Section 10, “The location or name of the wife can be described in Section 11,” and the second is written differently in Section 8 of the judgment of the first instance, and the second is somewhat different in the year in which the wife was sent back to the new wife. However, this is highly likely to cause memory due to an interpretation or translation or time-based error,” and the judgment of the first instance court is not consistent with the reasoning of the judgment of the first instance, and the judgment of the first instance court which admitted the refugee status from the first instance court and the first instance court's argument that the refugee status was submitted is not different from the first instance court's assertion.

2. Conclusion

Therefore, the judgment of the court of first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

Judges

The presiding judge or assistant judge shall be appointed;

Judges Han Young-young

Judges Sung-ju

심급 사건
-서울행정법원 2020.7.22.선고 2019구단13858