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(영문) 서울고등법원 2018.02.02 2017누82675
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’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for the addition of the following, thereby citing it as is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The following is added to the third page 10 of the judgment of the court of first instance (the plaintiff shall not be deemed to be a "no one" of the following: (a) at the time of refugee interview, the plaintiff stated that "at the time of refugee interview, he/she shall not read his/her English," and (b) a notice stating that an administrative litigation may be instituted within 90 days from the date of receipt of the notice; and (c) in light of the fact that the plaintiff received it directly, it is difficult to deem that the plaintiff failed to observe

Gap evidence 2, Eul evidence 3 and 5

2. As such, the plaintiff's claim shall be 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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