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(영문) 서울고등법원 2016.11.25 2016누64908
난민불인정결정취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The defendant on November 2015.

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is the same as the reasoning of the judgment of the court of first instance, except for adding a judgment to this court as follows. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The plaintiff asserts that this court's additional decision in this court is the reason for appeal that "if the plaintiff returns to Kotdar who is a nationality country, the plaintiff's father and the opposite party to the plaintiff's third party have a high risk of being killed for the reason that it is different from the party to which he belongs, the plaintiff's father and the opposite party to the plaintiff's third party, and therefore, the plaintiff is a sufficient fear

The above assertion made by the plaintiff in this court is not different from the contents of the plaintiff's assertion in the first instance court. However, the first instance court's rejection of the plaintiff's assertion is justified even if all the evidence submitted in the first instance

[In light of the circumstances cited by the Plaintiff in this court, it is not reasonable to recognize the allegation in light of the overall credibility of the Plaintiff’s statement (see, e.g., Supreme Court Decision 2007Du3930, Jul. 24, 2008). 3. As such, the Plaintiff’s claim is groundless.

In conclusion, the judgment of the first instance, which dismissed the plaintiff's claim, is justifiable, and the plaintiff's appeal is dismissed as it is without merit, and the costs of appeal are borne by the losing plaintiff.

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