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(영문) 서울고등법원 2020.06.05 2019누68116
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 judgment of the court of first instance citing the instant case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment on the allegations emphasized by the plaintiff in the trial as follows, and thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the plaintiff's assertion

A. In a case where the State does not directly harm an individual, or where the State is unable to perform its duty to protect the individual, even if the State does not directly harm the individual, the threat that the individual is taking place should be recognized as “persecution against the refugee.”

The plaintiff's nationality, which is the weak state index of the plaintiff, is very high, and there is little possibility of being protected by public authority or fair trial. Thus, the plaintiff should be recognized as a refugee.

B. According to the evidence Nos. 6-2 and 3, the vulnerable country index (Fragtilex) is an annual report issued each year by the U.S. Pream Fund and the Spool City published by the academic branch. It is a material to assess the degree of vulnerability to disputes or collapse with respect to all sovereign countries, which are members of the United Nations, and to assign the order of priority. Among the indices of vulnerable country index, it is considered that “population pressure, refugees and domestic citizens, group complaints, population and two brain outflow” is considered in the social sector, “State’s legitimacy, public service, human rights and rule of law, and security agencies” in the political sector, and it is recognized that the vulnerable country index of 2019, which is the Plaintiff’s nationality, was higher than the 21st of the 178 countries among the 178 countries.

However, the grounds for applying for refugee status asserted by the Plaintiff are that “the dual-class type, which has managed father-child’s inherited property, threatens the Plaintiff to die at horse.” As seen earlier, the national vulnerability index assessed in consideration of various items, such as refugee status, domestic citizens, human rights and rule of law, is higher, and the dispute is concluded.

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