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(영문) 서울고등법원 2020.11.20.선고 2020누37514 판결
난민불인정결정취소난민불인정결정취소
Cases

2020Nu37514. Revocation of a decision not to recognize refugee status

2020du37521(merged) and cancellation of a decision not to recognize refugee status;

Plaintiff Appellant

1. A;

2. B

Plaintiff 2. Since it is a minor,

The legal representative C or mother of a person with parental authority

Defendant Elives

The head of Seoul Immigration and Foreigner

The first instance judgment

Seoul Administrative Court Decision 2020, 2019Gudan17102, 17126 (Consolidated) Decided February 12, 201

Resolution

Conclusion of Pleadings

October 30, 2020

Imposition of Judgment

November 20, 2020

Text

1. All appeals filed by the plaintiffs are dismissed. 2. The costs of appeal are assessed against the plaintiffs.

Purport of claim and appeal

The judgment of the first instance is revoked. The defendant's decision on February 11, 2019 and each decision on refugee non-recognition against the plaintiffs shall be revoked.

Reasons

1. Quotation of the first instance judgment

The reasons for this case are as follows: ① A court's decision was rendered on July 16, 2020 to dismiss the appeal (Seoul High Court 2019Du6691) and C filed a final appeal on September 14, 2020; ② the "Evidence of 5 through 7" in the 3rd Part 13th part of the judgment of the court of first instance became final and conclusive on September 17, 2020; ② the "Evidence of 5 through 7" in the 3rd part of the judgment was stated on July 14, 202 as the "Evidence of 5 through 8, 9-1, 9-2, and 80 of the Civil Procedure Act", and the judgment of the court of first instance was cited in the main sentence of Article 20 of the Civil Procedure Act except for the evidence of 5 through 8, 9-1, 2-2 of the 3rd part.

2. Conclusion

Therefore, the judgment of the court of first instance is legitimate, and all appeals by the plaintiffs are dismissed as it is without merit. It is so decided as per Disposition.

Judges

The presiding judge or assistant judge shall be appointed;

Judges Han Young-young

Judges Sung-ju

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