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(영문) 서울고등법원 2016.09.07 2016누42816
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 lower court’s acceptance of the judgment of the first instance is as stated in the reasoning of the first instance judgment, except for adding the following judgments, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. The Plaintiff asserts to the effect that there exists a well-founded fear of persecution in the event that the Plaintiff returned to the mentor, claiming the aggravation of public order due to changes in the political situation of the mentor, activities of terrorism, etc.

However, in light of the security situation of mentmen recognized by the aforementioned evidence, the specific contents and nature of the gambling that the Plaintiff claims, the course of entry into the Republic of Korea, and the background of the application for refugee status, there is insufficient evidence to deem that there exists a fear, which has sufficient grounds for the Plaintiff to suffer persecution in the event the Plaintiff was stuffed or returned to the mentor, in addition to the Plaintiff’s statement on the Plaintiff’s gambling situation, and the mere fact that security is unstable due to internal war and terrorism is difficult to deem that there exists any fear, which

Therefore, the plaintiff's above assertion is not accepted.

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

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