(영문) 서울고등법원 2012. 5. 16. 선고 2011누45100 판결[난민인정불허처분취소][미간행]
Plaintiff 1 and two others
Plaintiff 4
The Minister of Justice
Seoul Administrative Court Decision 201Guhap660 decided November 18, 2011
April 18, 2012
1. All appeals filed by Plaintiffs 1, 2, and 3 and those filed by the Defendant are dismissed.
2. Of the appeal costs, the portion arising between the plaintiffs 1, 2, and 3 and the defendant shall be borne by the above plaintiffs, and the portion arising between the plaintiffs 4 and the defendant shall be borne by the defendant.
1. Purport of claim
The defendant's disposition of denial of refugee status made against the plaintiff 1, 3, and 4 on August 23, 2010 and the disposition of denial of refugee status made against the plaintiff 2 on September 29, 2010 is revoked.
2. Purport of appeal
Plaintiff 1, 2, and 3: The part against the above plaintiffs in the judgment of the first instance shall be revoked, and the defendant's rejection disposition of refugee status against the above plaintiffs shall be revoked as stated in the purport of the claim.
Defendant: The part against the Defendant among the judgment of the first instance court is revoked, and the Plaintiff 4’s claim is dismissed.
The reasons for the judgment of this court are as follows: (a) even if all the evidence (including the evidence No. 57 through 61 (including the serial number) submitted by the parties are considered to be insufficient to reverse the judgment of the court of first instance; and (b) the corresponding part of the judgment of the court of first instance is cited pursuant to Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure
The judgment of the first instance is justifiable. All appeals filed by Plaintiffs 1, 2, and 3 and appeals filed by the Defendant are dismissed.
Justices Kim Jong-ho (Presiding Justice)