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(영문) 서울고등법원 2017.08.30 2017누54465
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

The reasoning of the judgment of the court of first instance is as stated in the part of the reasoning of the judgment of the court of first instance except for the addition or dismissal as set forth in the following paragraph (2). Thus, it is accepted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

In addition or after addition, the following is added to the part of the judgment of the court of first instance No. 2, 14 of the judgment of the court of first instance.

In addition, since the same-sexs are subject to criminal punishment in Kenya, the plaintiff is threatened by the Government of Kenya," the 3th sentence of the first instance judgment of Kenya, the 19th to 4th sentence of Kenya are as follows.

There is no objective data to regard that the legal provisions punishing the same-sexs in Kenya are currently being applied effectively.

(B) On December 2, 2015, when the Plaintiff was subject to an interview from the Defendant’s employee, there is no statement that the Plaintiff’s parents received specific and substantial gambling from other persons or Kenya on the ground that they were same-sexs, in addition to the assault or threat that the Plaintiff’s parents committed during the process of gaining the Plaintiff’s speech.

(C) On December 2, 2015, the Plaintiff was subject to an interview from the Defendant’s employee on December 2, 2015, and the Plaintiff stated to the effect that “as the Plaintiff’s parents were married to the Plaintiff’s parents in 2009, the Plaintiff’s parents were shocked, her parents were willing to take care of the Plaintiff, and her children were living at a place less than two-hours away from the house, and the Plaintiff’s location was left back, and the parents were not threatened by their parents. After the house was opened, the Plaintiff’s parents resided in the U.S.E. two years from around 2013 to July 2015, and their families were able to change their mind, and that they would die without changing the sexual identity.” Although the Plaintiff’s parents were aware at the place of residence, the Plaintiff’s parents were living.

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