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(영문) 서울고등법원 2017.09.29 2017누52896
난민불인정결정취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance, except for adding a judgment to this court as follows. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The Plaintiff asserts that, as the grounds for appeal by this Court, “The Plaintiff’s additional decision in this Court has a high risk of being harmed by the lebstan in the event that the Plaintiff returns to Pakistan, a country of nationality, and thus, there is a well-founded fear of being harmed by the lebstan.”

The above assertion made by the Plaintiff in this court is not different from the contents of the Plaintiff’s assertion in the first instance court. However, the first instance court’s decision rejecting the Plaintiff’s assertion on the grounds as seen earlier is justifiable, even if the evidence submitted in the first instance court was added to the evidence (Evidence A6 and 7) presented in this court.

3. In conclusion, the plaintiff's claim is without merit.

In conclusion, the judgment of the first instance, which dismissed the plaintiff's claim, is justifiable, and the plaintiff's appeal is dismissed as it is without merit, and the costs of appeal are borne by the losing plaintiff.

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