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(영문) 서울고등법원 2018.03.22 2018누31049
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, which cited the reasoning of the judgment, is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment on the plaintiff's assertion as follows, thereby citing it pursuant to Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure

2. Determination on addition

A. The Plaintiff’s assertion that the Plaintiff did not express his political opinion during that period.

Although the government's attention was not paid, the father of the plaintiff was killed by the government group while the father of the plaintiff was in the camping activity.

The possibility of stuffing as a factor of the government's dominant human being is very high.

In addition, the plaintiff's normal departure from his/her own airport through his/her own passport is true, but a passport may be issued for the purpose of guaranteeing the departure of a person who has not been half-year, and a passport may be acquired in secret, so the possession of a valid passport does not constitute a obstacle to the recognition of a refugee status.

The criteria and procedures manuals and guidelines for recognition of refugee status issued by the UN Refugee Organization were not subject to gambling during that period.

The Act stipulates that refugee status shall be recognized even if there are circumstances such as departure from one's passport.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee on the ground that there was no activity against the government of its country or there was no injury.

B. The standard and procedure manual of refugee status and the content of “A’s guidelines” (Evidence 6) are as follows: (a) in the case of “persecution based on political opinions,” the refugee applicant did not yet express his/her opinion; (b) however, due to strong convictions, the applicant expressed his/her opinion between him/her and would bring about a conflict with the authorities; (c) if it is reasonable for the applicant to bring his/her opinion to conflict with the authorities, he/she may be deemed to have a fear of being harmed in the future; and (d) the possession of his/her passport shall

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