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(영문) 대구고등법원 2017.06.23 2016누7317
난민불인정처분취소
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 concerning this case is as stated in the part of the judgment of the court of first instance, except for adding Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act (hereinafter “the Civil Procedure Act”) to the part of the reasoning of the judgment of the court of first instance as to this case as to the addition of Article 20 (c) as follows. According to the evidence No. 3, the plaintiff left the Republic of Korea on September 5, 2016 where the lawsuit of this case was pending, and entered the Republic of Korea again on November 21, 2016 and left the Republic of Korea again on March 19, 2017. As such, even when considering the fact that the plaintiff had left Pakistan for a considerable period of time after freely entering the country of origin after the application for refugee registration, it cannot be deemed that there are sufficient grounds for the plaintiff to be subject to the recognition of refugee status.

2. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is justified as the conclusion is consistent with this, and it is so decided as per Disposition.

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