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(영문) 서울고등법원 2019.05.21 2018누71726
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 grounds of appeal by the Plaintiff is that Egypt had a strong tendency to fully repay the same amount to the other party with respect to the harmful act committed by Egypt (No. 5-1, No. 2), and that Egypt’s vulnerable country index in 2018 constituted No. 36 of Egypt (93.2, No. 28), which is similar to that of North Korea (No. 7-1, No. 2, and No. 3), and even if the Plaintiff moves to another region within Egypt, the Plaintiff constitutes a refugee.

According to the Plaintiff’s statement stated in the Plaintiff’s evidence No. 3 (Refugee interview Report), the victim’s family members asserted by the Plaintiff assaulted and threatened the Plaintiff at the time of requesting a mutual agreement, and they damaged exhibition halls and vehicles due to their respective items and hons, but did not directly assault the Plaintiff due to their respective items.

Furthermore, Egypt government has impliedly or neglected an act of gambling by a private person.

It is difficult to say that the plaintiff is unable to resolve the problem by moving to other areas of Egypt.

In full view of the above circumstances and 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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