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(영문) 서울고등법원 2019.05.30 2019누34342
난민불인정결정취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court of first instance’s acceptance of the judgment is the same as that of the judgment of the first instance, and thus, it is acceptable to accept it according to Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

The plaintiff asserts that this Court repeats that the plaintiff's continued monetary transfer and personal threat to B's members, an international terrorist organization, would be at risk of persecution if they return to his country.

However, the conclusion of the first trial group is not affected even if considering the attitude of the international community on the grounds for recognition of refugee status, the subject of gambling in Japan, and the application for recognition of refugee status for re-application in Japan, which the plaintiff argued in addition to this court or submitted as evidence.

In addition, in light of the fact that the Plaintiff stated at the time of refugee interview that Pakistan soldiers are in color B, it is difficult to readily conclude that the Plaintiff is unable to obtain the protection of the country of nationality.

2. The plaintiff's claim for conclusion shall be dismissed for lack of reasonable grounds.

The judgment of the first instance is justifiable in its conclusion, and the plaintiff's appeal is dismissed.

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