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(영문) 서울고등법원 2018.09.11 2018누40647
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 cited in this case is as stated in the reasoning of the judgment of the court of first instance, in addition to the parts to be filled or added below, and thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

6th 6th son of the judgment of the first instance, "No. 3" was added to "No. 3 and No. 5."

7 pages 3 of the judgment of the court of first instance add “the result of this court’s personal examination of the plaintiff” in front of “the plaintiff.”

At the bottom of the 3rd judgment of the first instance, the following shall be added:

The plaintiff asserts that, as in the case of nitron, a group with three mothers and 16 siblings (including a double-presidential system) together with the plaintiff is a specific social group, it is reasonable to deem that such group constitutes a specific social group. Furthermore, the number of mothers is deficient for every three persons, and a double-presidential system with which the plaintiff intends to die is not large enough power, and the plaintiff is dead upon purchasing police officers by lending the power of shortage. Thus, the plaintiff argues that it constitutes a case where the plaintiff is imprisoned by a specific social group.

However, even if the existence of a family relation formation and threat alleged by the Plaintiff is true (However, in full view of the overall purport of the argument by the court, it is somewhat exaggerated and it is difficult to believe that the Plaintiff’s dual-type system is about to kill the Plaintiff due to the purchase of police officers by lending the power of lack). As long as the cause of such threat is a private dispute surrounding inherited property, it cannot be deemed as a case where the Plaintiff is subject to persecution on the ground of its membership, which is a member of a specific social group.

At the bottom of the 3rd judgment of the first instance, the following shall be added:

Although the whole society seems to be in the aspect of corruption, it is possible to expect the protection of the government or the judiciary.

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