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(영문) 서울고등법원 2016.11.09 2016누52202
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. The reasoning of the lower court’s acceptance of the judgment of the first instance is as stated in the reasoning of the first instance judgment, except for adding the following judgments, and thus, it shall be quoted 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 asserts to the effect that the plaintiff has a well-founded fear of persecution when he returns to Bangladesh, as the plaintiff is placed in a situation in which he/she may be threatened with his/her life from members of the Arabic (AL).

However, in full view of the state circumstances in Bangladesh, the specific contents and character of the Plaintiff’s argument, and the background of the application for refugee status, which are recognized based on the evidence adopted earlier, it is insufficient to recognize the fact that the Plaintiff was actually injured by the party members in Bangladesh, and it does not seem that there exists a well-founded fear that the Plaintiff might be injured if the Plaintiff returned to Bangladesh.

Therefore, the plaintiff's above assertion is not accepted.

3. Thus, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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