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(영문) 서울고등법원 2018.10.11 2018누54929
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

The reasons for this case are as stated in the reasoning of the judgment of the court of first instance except for the addition of the judgment as follows. Thus, this case is cited by Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

The plaintiff asserts that the additional judgment is a "foreigner who does not want to be protected by a nationality state" and thus constitutes a refugee.

However, in order for the Plaintiff to be recognized as a refugee, the mere fact that the Plaintiff does not want to be protected by its own country of nationality is insufficient, and the Plaintiff’s assertion is not accepted unless there is any other evidence to prove otherwise. (See UNHCR, the 1951 Convention Relating to the Status of Refugees, and the 1967 Protocol Relating to the 1951 Convention, the 1967 Protocol, and the Guidelines and Guidelines for the Recognition of Refugee Status pursuant to the 100 Protocol).

Therefore, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit.

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