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(영문) 서울고등법원 2016.08.31 2016누45716
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 a situation where it is difficult for the plaintiff to be killed with a threat from the third village when he returns to Austria, the plaintiff is recognized as a well-founded fear of persecution in the country of nationality.

However, in full view of the facts admitted by the first instance court as seen earlier, there is no sufficient fear that the Plaintiff might be injured on the ground of race, religion, nationality, membership of a specific social group, political opinion, etc.

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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