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(영문) 서울고등법원 2020.09.25 2020누45805
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 judgment of the court of first instance cited in the instant case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment of the Plaintiff as to the assertion emphasized in the trial of the court of first instance as follows. As such, this shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of

2. Additional determination

A. The gist of the Plaintiff’s assertion is very high to the vulnerable country index, which is the Plaintiff’s nationality country, and thus, is unlikely to be protected by public authority or fair trial. The horse government is sufficiently able to control the anti-military forces and thus, cannot escape from threats even if the Plaintiff was faced to other areas within the horse, and thus, the Plaintiff should be recognized as a refugee.

B. Determination 1) According to Gap evidence 5-1, 2, and 3, it is difficult to conclude that the vulnerable country index is a yearly report issued by Eul and academic branch C as data to assess the degree of vulnerability to disputes or collapse with respect to all sovereign countries, which are members of the United Nations, and that the vulnerable country index of the plaintiff in 2019 was 94.5 and 21st among the 178 countries, and the vulnerable country index of the plaintiff's nationality was 94.5. However, solely on the ground that the Mari, which is the plaintiff's home country, is a country with a high vulnerable country index, it is difficult to conclude that the plaintiff's Mari is a refugee who is unable to be protected by the country of nationality due to well-founded fear of persecution on the grounds of race, religion, nationality, membership of a specific social group, or political opinion. In addition, it is also difficult to conclude that the plaintiff's Mari-ri government's 201 North Korea horse group and 202 North Korea horse group, which followed.

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