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(영문) 서울고등법원 2018.01.23 2017누72067
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 that the court of the first instance cited the second instance judgment’s “comfort Da” as “comfort Da,” and the Plaintiff’s assertion is as stated in the reasoning of the first instance judgment, except for adding the following judgments to the Plaintiff’s assertion, thereby citing it in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. The plaintiff is well-known to determine the addition.

In this regard, most of the people have anti-sexd people, and the government also maintains anti-sexial positions, so the plaintiff is friendly.

They claim that if you return to Korea, it is highly likely to be affected by same-sex marriage from the government or members of the local community.

In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the 1951 Convention Relating to the Status of Refugees (hereinafter “Refugee Convention”), and Article 1 of the 1967 Protocol Relating to the Status of Refugees, the Minister of Justice should recognize any foreigner, who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is unable or does not want the protection of the country of his/her nationality, or who, owing to such fear, is unable or does not want the protection of the country of his/her nationality, has returned to the country in which he/she had resided before entering the Republic of Korea, or who does not want to return to the country of his/

At this time, the term “specific social group” means a group of individuals sharing a congenital characteristic, an unforeseen common history, a characteristic or religious faith that forms the core of individual identity and conscience, and that they should not be required to renounce it, and that they are perceived to be different from that of other groups in the social environment. The sexual orientation of same sex is against the moral norm or legal norm of the refugee applicant’s country of origin.

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