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(영문) 서울고등법원 2016.09.21 2016누43710

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. The Plaintiff asserts to the effect that, since the Plaintiff is placed in a situation in which he/she may threaten his/her life from his/her father who believed traditional religion, the Plaintiff has repeatedly asserted to the effect that there exists a well-founded fear of persecution for religious reasons when he/she returns to Ghana.

However, in full view of the national circumstances and religious composition of Ghana admitted by the evidence adopted earlier, the specific contents and nature of the Plaintiff’s argument, the Plaintiff’s entry route, and the background of applying for refugee status, it is insufficient to recognize that there exists a well-founded fear that the Plaintiff is likely to be injured if he/she was injured by his/her father or returned to Ghana on grounds of religion.

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

3. Thus, the plaintiff's claim of this case shall be 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.