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(영문) 서울고등법원 2017.09.15 2017누48705
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 court's explanation concerning this case is identical to the reasoning of the judgment of the court of first instance, except for the addition of the judgment by this court under paragraph (2) of this Article, and therefore, this is also accepted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. The Plaintiff’s additional decision in this court is that this court prepared an application for refugee status instead of hearing by another person on the grounds that the Plaintiff’s statement differs from the details entered in the application for refugee status as to the process during which the Plaintiff was notified of the fact of his/her succession to his/her position at the time of the refugee interview. However, the Plaintiff’s statement at the time of the refugee interview is the fact that the fact that the Plaintiff was suffering from the Plaintiff’s stuffing circumstances surrounding his/her succession to his/her position is true, and it is difficult for the Plaintiff to expect appropriate relief by the judicial authorities of Ghana, who is the mother’s country, and the Plaintiff should be protected as a refugee.

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, and the first instance court's decision rejecting the plaintiff's assertion is justified even if all the evidence submitted in the first instance court were examined.

3. Therefore, the judgment of the court of first instance which dismissed the plaintiff's claim based on this conclusion is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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