[2] The case holding that the rejection of an application for naturalization, which satisfies the formal requirements for application for special naturalization under the Nationality Act, was unlawful on the ground that it did not have some accompanying documents required by the established rules of the Ministry of Justice

[2] The case holding that the applicant's refusal to accept an application for permission of naturalization itself is unlawful on the ground that the applicant and the father under Article 5 (2) of the "Guidelines on Affairs Concerning Recovery, etc. of Nationality of Foreign Nationality Koreans", which is established by the Ministry of Justice, did not submit an application for permission of naturalization on the ground that the applicant and the father did not submit the result of genetic identification, even though they met the formal requirements required for the application for permission of special naturalization under Article 7 (1) 1

2. The costs of the lawsuit are assessed against the defendant.

A. On March 15, 1970, the Plaintiff was born at one company in the People's Republic of China's Republic of China's Republic of China's Republic of China's Republic of China's Republic of China's Republic of China's Republic of China's Republic of China's Republic of China's Republic of China's Republic of China's Republic of China's Republic of China's Republic of China's Republic of China's Republic of China's Republic of Korea's Republic of Korea's Republic of Korea's Republic of Korea's Republic of Korea's Republic of Korea's Republic

B. The Plaintiff, upon the invitation of Nonparty 1, entered the Republic of Korea on August 1, 2006, entered the Republic of Korea on August 8, 2006, made a foreigner registration at the former Immigration Office on August 8, 2006, and resided with Nonparty 1 by August 1, 2007, and is currently residing in Dongjak-gu Seoul (detailed number omitted).

C. On March 23, 2007, the Plaintiff filed an application for permission of naturalization accompanied by the certificate of foreigner registration, the copy of the family register of Nonparty 1, the documents attesting that the Plaintiff was Nonparty 1’s son (the resident population registration card prepared by the country of origin in the People’s Republic of China, and the certificate of family relation prepared by the country of origin in the People’s Republic of China in the case of a disturbance of the route of the People’s Republic of China) and filed an application for permission of special naturalization pursuant to Article 7(1)1 of the Nationality Act. However, upon the Plaintiff’s application for permission of naturalization, the Defendant rejected the above application for permission of naturalization on the ground that the Plaintiff was unable to properly satisfy the necessary documents other than the application for permission of naturalization, such as where it is apparent that the formal defect was apparent and difficult to supplement and recover.

[Grounds for recognition] Facts without dispute, Gap 1, 3 and 5, 7 and 18, 1 and 3, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion

The Plaintiff shall revoke the instant disposition that rejected an application for special naturalization without any specific reason, inasmuch as the discretion granted to the Defendant is clearly deviates from and abused, even though the Plaintiff prepared all documents necessary for applying for special naturalization and submitted it to the Defendant in accordance with the procedures and methods prescribed by statutes

B. Relevant statutes

It is as shown in the attached Form.

(c) Markets:

(1) According to Article 4 of the Nationality Act, a foreigner who does not have the nationality of the Republic of Korea may obtain the nationality of the Republic of Korea by obtaining permission for naturalization from the Minister of Justice. The Minister of Justice shall determine whether a person who applies for permission for naturalization satisfies the requirements for naturalization under Articles 5 through 7 of the same Act, and then allow naturalization only to the person who satisfies such requirements. Article 3 of the Enforcement Decree of the same Act provides that a person who intends to obtain permission for naturalization under Article 4 (1) of the Nationality Act shall prepare an application for permission for naturalization as prescribed by the Ordinance of the Ministry of Justice and submit it to the Minister of Justice. Article 3 of the Enforcement Rule of the same Act provides that a document to be attached to the application for permission for naturalization and a certified copy of the family register of his/her father or mother must be attached to the application for permission for naturalization. In light of the purport of these provisions, the Minister of Justice shall accept the application once it satisfies the formal requirements of Article 4 (1) of the Nationality Act, Article 3 of the Enforcement Decree of the same Act, and Article 3 of the Enforcement Rule of the same Act.

(2) In light of the above legal principles, we examine whether the defendant's rejection of the plaintiff's application for permission of naturalization is legitimate.

Article 3(2) of the Enforcement Rule of the Nationality Act provides that when a foreigner, whose father or mother is a national of the Republic of Korea, is subject to special naturalization pursuant to Article 7(1)1 of the Nationality Act, documents proving that the foreigner is a foreigner (Article 1), and a transcript of the father or mother’s family register (Article 13) shall be attached to the application for naturalization. Meanwhile, Article 5(2) of the "Guidelines on the Management, etc. of Reinstatement, etc. of Nationality of a foreign national Korean" provides that the applicant for naturalization shall prove the fact that the father or mother was a national of the Republic of Korea by proving that the father or mother was a national of the Republic of Korea. In addition, Article 5(2) of the "Guidelines on the Management, etc. of Reinstatement, etc. of Nationality of the father or mother’s family register (Article 1), "a certified copy of the father or mother’s family register (Article 4(1)), a family register that may certify the relationship between his/her father or mother’s blood relative and his/her father or mother’s father’s family, a family registration, a guarantee, a relevant national document or authentication.

However, as seen earlier, the Plaintiff entered the Republic of Korea on August 1, 2006 and resided in the Republic of Korea on August 1, 2007 after completing a foreigner registration, and on August 1, 2007, the Plaintiff applied for special naturalization permission under Article 7 (1) 1 of the Nationality Act on March 23, 2007 and attached documents, such as the documents attesting that the Plaintiff is a foreigner under Article 3 (2) of the Enforcement Rule of the same Act, the transcript of the family register, the resident registration card of Nonparty 1, the resident registration card of the Plaintiff and Nonparty 1 registered as the parent-child relationship, and the certificate of family relation. In light of the relationship, character, and content of the above guidelines, the Plaintiff cannot be deemed to have submitted all the documents of Article 7 (1) 1 of the Nationality Act without being omitted, and the Plaintiff’s application for special naturalization cannot be deemed to have satisfied the requirements of the Plaintiff and the father or mother of the Republic of Korea on the ground that the application for special naturalization is unlawful.

3. Conclusion

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

Judges Jeong Jong-chul (Presiding Judge) (Presiding Judge)