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(영문) 서울고등법원 2016.06.22 2015누57361

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. The reasoning of the lower court’s acceptance of the judgment of the first instance is as stated in the reasoning of the first instance judgment, except for adding the following judgments, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. In light of the fact that the Plaintiff was arrested and detained as an adviser by anti-government activities in Bangladesh, which is a nationality country, and that the father of the Plaintiff, who was engaged in anti-government activities, was killed by the Gun division, the Plaintiff asserts that there exists a well-founded fear of persecution when the Plaintiff returned to Bangladesh.

However, the evidence mentioned above and the statement of Gap evidence No. 5 submitted by the plaintiff at the trial alone are insufficient to recognize that the plaintiff or his father was engaged in counter-government activities as alleged by the plaintiff, and there is a fear that there are sufficient grounds for the plaintiff to be stuffed or stuffed by the plaintiff on the ground of such lack of evidence, and there is no other evidence to acknowledge the above points.

Therefore, the plaintiff's above assertion is not accepted.

3. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.