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(영문) 서울고등법원 2019.05.21 2018누73913
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 citing this case is as stated in the reasoning of the judgment of the court of first instance, except where the judgment is used or added as follows. Thus, this is acceptable as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary part] On 20 pages 2 of the judgment of the first instance court, "four military persons" shall be replaced by "four military persons".

[Supplementary Part] Decision 2.B. of the first instance court

between paragraphs 3 and 4 of this Article, the following shall be added:

Considering the following: “The establishment background of the refugee system, the need to interpret “the status of a member of a specific social group” in accordance with subparagraph 2 (Evidence 7) of the Guidelines on International Protection prepared by the United Nations Refugee Organization,” the subject of gambling is not limited to State agencies, and Liberian national situation, etc., the Plaintiff’s threat may be viewed as gambling on the ground of “the status of a member of a specific social group.” However, considering the above circumstances, the Plaintiff’s threat may not be deemed as gambling on the ground of “the status of a member of a specific social group,” as alleged by the Plaintiff in the instant case, on the ground that the damage caused by private disputes or general criminal crimes constituted “the status of a member of a specific social group.” The Plaintiff took the 30th level around the world in 2018, and this is not likely to receive a fair trial from the North Korea (vulnerable index No. 93.2, No. 28).

However, only the data submitted by the plaintiff is that the Liberian Government impliedly accepts or neglects an act of gambling by a private person.

It is difficult to solve the problem through alternative migration to other regions of Liberia.

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