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(영문) 서울고등법원 2016.04.06 2015누69029
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 judgment of the court of first instance, which cited this case, is the same as that of the judgment of the court of first instance, except for the addition of the following, thereby citing this case as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article

2. The plaintiff asserts that, if he returns from the trial of the party to ASEAN, the plaintiff is placed in a situation in which he/she may threaten his/her life from members of the religious organization B, so that well-founded fear of persecution is recognized.

However, in full view of the circumstances of the Republic of Korea and the religious composition, the contents of relevant international reports, the Plaintiff’s entry route, the period from entry into the Republic of Korea to the application for refugee status, and the circumstances of the application for refugee status, which are acknowledged by the evidence adopted by the first instance court cited earlier, there is no sufficient fear to deem that the Plaintiff is likely to be detrimental to the State on the grounds of race, religion, nationality, membership of a specific social group, or religious opinion.

There is no objective evidence to support the statement that the Plaintiff is threatened by the organization B, and it is difficult to view that the submitted materials alone are sufficient to serve as the basis for refugee status.

Even if some of the facts alleged by the plaintiff are acknowledged, it is judged that the plaintiff could avoid the relevant gambling by being protected by the Austrian Government or settled in other areas within Austrian.

According to this, the plaintiff's assertion is not accepted.

3. 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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