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(영문) 서울고등법원 2017.02.08 2016누75649
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 reasoning for this case is identical to the reasoning of the judgment of the court of first instance, and thus, this case is cited by Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

B. The plaintiff asserts that, in the case of return from the trial of the party to ASEAN, the plaintiff is placed in a situation in which the members of the Islamic terrorist group could be threatened with their lives, and therefore, the plaintiff has been recognized a well-founded fear of persecution in the country of nationality.

However, in full view of the following: (a) the first instance court and the court of first instance admitted as seen earlier’s adopted evidence; (b) the Plaintiff’s entry route; and (c) the details of the application for refugee status, etc., it does not seem that there is a sufficient well-founded fear of harming the Plaintiff on the grounds of religion, social group’s membership, political opinion,

Plaintiff’s assertion

Even if we look at the contents, it can not be seen that the specific gambling situation was revealed to the extent that it can be used as the basis for recognition of refugee status, and it is not reasonable 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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