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(영문) 서울고등법원 2018.12.18 2018누65882
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 court’s explanation concerning this case is as stated in the judgment of the court of first instance, except for the dismissal or addition of the text of the judgment of the court of first instance as follows. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

Under Article 2 of the first instance judgment, the following is added to the 5th sentence of the first instance judgment, where the 5th lessee is a lessor, and the Plaintiff asserts to the effect that the country vulnerability index of Liberia became more than 30 days (i.e., 6-1 to 3) and the possibility of being protected by public authority or fair trial is less likely to be held. Thus, it cannot be said that the exercise of public authority is essential to avoid unfair treatment of the lessor. In addition, it is difficult to expect the exercise of public authority against such problems on the ground that Liberia’s country vulnerability index is less than Liberia’s national vulnerability index.

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

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