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(영문) 서울고등법원 2016.09.21 2016누46047
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 lower court’s acceptance of the judgment of the first instance is as stated in the reasoning of the first instance judgment, except for adding the following judgments, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiff asserts that there exists a well-founded fear of persecution against the plaintiff, since the plaintiff is placed in a situation where the plaintiff would be threatened with his/her life from the terrorist group members when he/she returns to Maternia, which is a nationality country.

However, in full view of the following: (a) the Plaintiff’s entry route, the background and nature of the application for refugee status; (b) the details and nature of the Plaintiff’s assertion; and (c) the State circumstances of Naria, etc., there is insufficient evidence to acknowledge that there exists a reasonable fear of persecution on grounds of race, religion, nationality, membership of a specific social group, political opinion, etc.

Therefore, the plaintiff's above assertion is not accepted.

3. Thus, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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