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(영문) 서울고등법원 2018.02.09 2017누77611
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 this court's additional decision in this court is the reason for appeal that "the plaintiff has a high risk of suffering from gambling on the ground that he is the same-sex, if he returns to the Republic of Korea, who is a nationality country, and therefore, the plaintiff has a sufficient fear of suffering from persecution."

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 cited earlier, even after examining all the evidence submitted in the first instance 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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