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(영문) 서울고등법원 2018.12.04 2018누64582

난민불인정결정취소

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation as to this case is as stated in the reasoning of the judgment of the first instance, except for the following addition to the text of the judgment of the first instance. Thus, it shall be cited by Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

In the first instance judgment, the following is added to the second instance judgment, and the illegality of administrative disposition in the administrative litigation shall be determined on the basis of the relevant statutes and facts at the time administrative disposition was taken, and the amendment of statutes or changes in the status of facts after the disposition is taken, and the same applies to a revocation lawsuit seeking revocation of the disposition of refusal to recognize refugee status.

(see, e.g., Supreme Court Decision 2015Du59129, Jul. 22, 2016). According to No. 5 of the first instance judgment, the Plaintiffs, who add the following to Chapter 5 of the first instance judgment, along with the following contents, are expected to be generated in the future. The Plaintiffs asserted to the effect that “gambling” as a refugee includes cases where a refugee is anticipated to occur in the future, and that the gambling for the members of the F religious organizations of the Chinese government is not a selective way, and thus

However, the legitimacy of each of the dispositions of this case should be based on the laws and facts at the time of the disposition, as well as on the basis of the present state as seen earlier, it is difficult to view that the plaintiffs have been engaged in the activities to pay attention from the Chinese authorities. Therefore, the above assertion by the plaintiffs

2. In conclusion, the judgment of the first instance is just, and the plaintiffs' appeal is dismissed as it is without merit.