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(영문) 서울고등법원 2016.07.22 2015누62295
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 for the judgment of the court of first instance regarding this case is that the court of first instance shall dismiss the term “contestor” in the 6th sentence of the court of first instance as “contestor seed” and the reasoning for the judgment of the court of first instance is as stated in the reasoning of the judgment, except for adding the judgment of the court of first instance pursuant to Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. In the trial of the competent court, the Plaintiff’s additional determination is likely to be threatened with violence, intimidation, and life due to religious gambling, and there is no possibility of being protected by the police, etc. in the Pakistan.

As such, I argue that refugee should be recognized as refugee.

However, in full view of the state circumstances and religious composition of Pakistan, relevant international reports, the Plaintiff’s entry route, the period from entry into and departure from the Republic of Korea to refugee applications, the circumstances leading up to refugee applications, and the criminal records before and after refugee applications, etc., which are acknowledged by the evidence admitted by the first instance court as seen earlier, there is no sufficient fear to deem that the Plaintiff is likely to be injured on the grounds of race, religion, nationality, membership of a specific social group, or religious opinion (the developments leading up to the Plaintiff’s application for refugee status only after the expiration of the period of stay). Furthermore, the risks alleged by the Plaintiff are personal fear based on the original personal intent with B, and cannot be deemed as pressure by the government of Pakistan on the grounds of his/her status, religion, and political opinion, and it is difficult to view that the Plaintiff is in a state of being unable to obtain protection of Pakistan, a nationality country.

The plaintiff's assertion that this premise is different is rejected.

3. The first instance judgment dismissing the Plaintiff’s claim is justifiable, and the Plaintiff’s appeal is dismissed as it is without merit. It is so ordered as per Disposition.

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