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(영문) 서울고등법원 2019.05.21 2018누76882
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 of this court’s judgment is as follows, and the reasoning of the first instance judgment is identical to that of the court of first instance, and thus, the judgment of the court of first instance is accepted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

The gist of the plaintiff's appeal is that the plaintiff should be recognized as a refugee.

On the other hand, at the time of refugee interview investigation, the Plaintiff stated the ground for the application for refugee status as “influence of the members”.

However, at the date of pleading in the first instance court, the first instance court stated that “the reason for applying for recognition of refugee status was the reason for applying for recognition of refugee status, but the government tried to kill the plaintiff in the course of rebuilding the area, but failed to achieve the purport, and murdered the plaintiff’s mother instead of it.” However, as it was pointed out that it is different from the statement at the time of refugee interview investigation, the statement that “B members’ threat” is the reason for applying for recognition of refugee status.

In addition, in the statement of grounds of appeal, the statement was made to the effect that “it is difficult to see the death because there is an election in 2019 if there is no living expenses support, it is very unstable, and it is returned to Austria.”

Inasmuch as the Plaintiff’s above statement is not consistent, it is difficult to recognize its credibility. In full view of such circumstances and the circumstances stated in the reasoning of the first instance judgment, it is difficult to recognize the Plaintiff as a refugee, and there is no other evidence to acknowledge it.

Then, the plaintiff's claim seeking cancellation of the disposition of this case shall be dismissed as it is without merit.

Since the judgment of the court of first instance is consistent with this conclusion, the plaintiff's appeal is dismissed as it is without merit.

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