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(영문) 서울고등법원 2016.07.22 2016누33683

난민불인정결정취소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the judgment of the court of first instance as to this case is that the reasoning for the judgment of the court of first instance is the same as that for the judgment of the court of first instance, except for addition of the following Paragraph 2, and thus, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act

2. The plaintiff asserts that, in the case of the party's return from the trial of the party, the plaintiff is placed in a situation in which she could be threatened with murder from members of the Magboni Guult (Ogboni Guult), which is a religious organization, and therefore, that there is sufficient fear that the plaintiff might be injured, and that it is not clear whether she may be subject to judicial protection in Magria due to the influence of the members of Austria.

However, in full view of the following: (a) the first instance court admitted by the evidence admitted earlier, the State’s situation and religion composition; (b) relevant international reports; (c) the Plaintiff’s entry route; (d) the period from entry into and departure from the Republic of Korea to refugee application; (c) the circumstances of refugee application; and (d) the movement after refugee application, etc., there is no sufficient fear to deem that the Plaintiff is likely to be injured on the grounds of race, religion, nationality; and (d) the membership status

There is no objective material to support the statement that the plaintiff is threatened by the local organizations of Orgian, and it is difficult to see that the submitted materials alone are sufficient to be used as the basis for refugee recognition, and even if some of the facts alleged by the plaintiff are acknowledged, it is likely that the plaintiff might avoid the relevant gambling by being protected by the Magian government or settled in other areas within Magria.

The other plaintiff's assertion is rejected.

3. The first instance judgment dismissing the Plaintiff’s claim is justifiable, and the Plaintiff’s appeal is groundless.