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(영문) 서울고등법원 2016.09.23 2016누38473
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. Quotation of judgment of the first instance;

A. The reasoning for this case is the same as that for the judgment of the court of first instance, and thus, this case is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

B. The Plaintiff asserted in the trial that “A person who, in light of the fact that (i) M QM party members constituted “i) farnasium were murdered on the ground that the Plaintiff did so, (ii) the conflict between religious ties occurred frequently, and so it is not possible to expect the protection of the country of nationality because the conflict between religious ties occurred frequently, and (iii) the threat against the Plaintiff was not limited to once, and there was no possibility of attention.” However, in full view of the evidence adopted by the first instance court as seen earlier, the Plaintiff does not seem to have a well-founded fear that the Plaintiff would suffer persecution on the grounds of race, religion, nationality, membership of a specific social group, or religious opinion.” However, in light of the above, the Plaintiff does not seem to have any sufficient fear to deem that there was a fear of persecution on the grounds that there was a fear of harming the Plaintiff on the grounds of race, religion, nationality, membership of a specific social group, or religious opinion.

Even if some of the facts alleged by the plaintiff are acknowledged, it is judged that the plaintiff could avoid the harm by being protected by the Pakistan government or settled in other areas within the Pakistan.

The plaintiff's assertion is not accepted.

2. As such, the conclusion of the first instance judgment dismissing the Plaintiff’s claim is justifiable, and the Plaintiff’s appeal is dismissed as it is without merit. It is so decided as per Disposition.

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