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(영문) 서울고등법원 2017.07.12 2017누47368
난민불인정결정취소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

The reasons for this court to accept the judgment of the court of first instance are the same as the reasons for the judgment of the court of first instance, and thus, they are quoted by Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

(1) In light of the purport of the Supreme Court Decision 201Du14378 Decided April 28, 2013, the Plaintiffs’ assertion that “The grounds alleged in the trial during appeal are not significantly different from the contents as alleged in the first instance court.” However, considering the Plaintiffs’ above assertion, the Plaintiffs’ “persons with sufficient fear of persecution by the government of the country of nationality who entered the Republic of Korea after being arrested or detained for the pertinent religious-related activities subject to punishment within the country of nationality and return to the country of nationality, or persons with sufficient fear of persecution by the government of the country of nationality when they return to the country of nationality, when they return to the country of nationality due to active and leading activities related to the pertinent religion in Korea, shall be the persons with sufficient fear of persecution by the government of the country of nationality when they return to the country of nationality.” In light of the purport of the Supreme Court Decision 2012Du14378 Decided April 28, 2013, the Plaintiffs’ assertion that new teachers of nationality does not constitute refugees is justifiable and justifiable.

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