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(영문) 서울고등법원 2018.11.13 2018누61538
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 court’s explanation as to this case is as stated in the reasoning of the judgment of the first instance, except for the following addition to the text of the judgment of the first instance. Thus, it shall be cited by Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

In the first instance judgment, the following contents are added to “no evidence exists.” (The Plaintiff’s subject of gambling against refugees is not limited to State agencies, and in a situation where the need to protect an individual is not or cannot be established, it cannot be determined less than the case where the need to protect the international community was caused by the State. In such a case, the Plaintiff’s means of nationality is recognized as gambling against a refugee. The Plaintiff’s means of being a country of nationality is so high that the country’s vulnerability index can occupy the 7th class of world, and thus, the Plaintiff may be protected by public authorities or fair trial in Korea. Thus, the Plaintiff’s means of being threatened with shortage may be sufficiently recognized as a refugee. However, as alleged above by the Plaintiff, even if the subject of gambling against refugees does not necessarily fall under a State agency, and even if the state vulnerability index of means is high (such as evidence 6-1 through 3, and a member of a society or a specific society, a member of a society, a religious group, a member of a society, or a specific social conflict, as alleged by the Plaintiff.

In addition, there is no reasonable and specific explanation as to the conflict between the Plaintiff’s family and neighbor’s shortage due to any reason, and there is no objective material for this. Therefore, it cannot be said that the existence of a reason, such as the Plaintiff’s assertion, has been properly revealed.

In addition, the plaintiff's statement is made.

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