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(영문) 서울고등법원 2019.09.20 2019누46031
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 facts alleged by the Plaintiff in the trial of the first instance are not significantly different from the contents alleged by the Plaintiff in the trial of the first instance, and the fact-finding and decision of the first instance court that the Plaintiff did not constitute a refugee even after re-examination of the Plaintiff’s assertion together with the evidence submitted in the first instance court is justifiable.

Therefore, the reasoning of this court’s judgment on this case is as stated in the reasoning of the judgment of the court of first instance, except where “this court” is deemed as “the court of first instance” under Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act. Thus, this court’s reasoning is cited as it is in accordance with Article 8(2)

2. In conclusion, the plaintiff's claim of this case should be dismissed as it is without merit. Since the judgment of the court of first instance is just, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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