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(영문) 서울고등법원 2019.07.12 2019누30012
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 judgment of the court of first instance citing this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the following contents between the third, sixth and seventh and the third, thereby citing it as it is in accordance with Article 8(2) of the Administrative Litigation Act, and Article 420 of the Civil Procedure Act.

In full view of the background of the establishment of the refugee system, the fact that there is a need to interpret “the status of a member of a specific social group” in accordance with subparagraph 2 (Evidence 5) of the UN Convention on International Protection prepared by the Refugee Agency, that the subject of gambling is not limited to State agencies, and that the state situation of the People’s Democratic Republic of Algergeria, etc., the threat the Plaintiff received may be deemed as gambling on the ground of “the status of a member of a specific social group.” However, even if the concept or criteria for recognition of “gambling,” as alleged by the Plaintiff, is more broadly mitigated, it cannot be deemed as gambling on the ground of “the status of a member of a specific social group,” as alleged by the Plaintiff in this case.

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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