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(영문) 서울고등법원 2016.09.28 2016누48920
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. Quotation of the first instance judgment

A. The court has stated this case as to this case.

Except for the addition of some contents as stated in the judgment of the court of the first instance, it is identical to the reasons for the judgment of the court of the first instance.

B. The following is added to the fourth five parallels following the first instance judgment:

The plaintiff asserts to the purport that even though he was not in fact led the opposition to the election of the shortage, he should be recognized as a refugee as long as he was given a warning after falling under at least the opposite to the shortage.

However, the plaintiff did not submit all data supporting his/her claim in addition to the general data on the disposition notice by the Ministry of Justice or the state situation of Maliria in the first instance and the court of appeal.

In addition, even if the plaintiff's assertion is considered, it cannot be said that the specific imminent situation was revealed to the extent that it can be used as the basis for recognition of refugee status, and it is not consistent and persuasive in itself.

According to this, the plaintiff's assertion is not accepted.

2. The plaintiff's claim for conclusion shall be dismissed on the ground that the plaintiff's claim is without merit.

The judgment of the court of first instance is justifiable in conclusion as above.

Therefore, the plaintiff's appeal is dismissed because it is without merit.

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