국적신청불허가처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
On April 21, 1982, the Plaintiff entered the Republic of Korea on March 4, 2009, after completing a marriage report with a national B of the Republic of Korea on March 4, 2009, and entered the Republic of Korea on April 12, 2009, as a spouse (F-2), and changed the status of stay to a marriage immigration (F-6) on March 23, 2012.
On March 16, 2015, the Plaintiff applied for simplified naturalization pursuant to Article 6(2)1 of the Nationality Act to the Defendant on March 16, 2015, but the same year.
7. On December 22, 2015, the Defendant notified that the Plaintiff was disqualified from naturalization on the ground that he/she failed to meet the requirements under Article 6(2)1 of the Nationality Act due to the death of his/her spouse.
(2) Article 6(2)3 and 4 of the Nationality Act (hereinafter “instant disposition”) provides that “The Plaintiff may not engage in a normal marriage life due to the death of B, and the Plaintiff’s assertion as to whether the disposition of this case is legitimate as a whole, shall not be deemed to have satisfied the requirements of simplified naturalization under Article 6(2)1 of the Nationality Act, without considering whether the Plaintiff satisfies the requirements of simplified naturalization under Article 6(2)3 and 4 of the Nationality Act, and thus, the instant disposition is unlawful since the Plaintiff’s refusal of simplified naturalization on the ground of the failure to meet the requirements of Article 6(2)1 of the Nationality Act.
Although the Defendant asserted that he refused simplified naturalization pursuant to Article 6(2)3 and 4 of the Nationality Act because the Plaintiff did not apply for a written examination even though he did not fall under the exemption from a written examination due to the death of B, the Defendant merely stated that the instant disposition merely stated that “the Plaintiff did not meet the requirements of Article 6(2)1 of the Nationality Act due to the death of his spouse,” and considered whether a simplified naturalization pursuant to Article 6(2)3 and 4 of the Nationality Act was made.
on the ground of a failure to conduct a written examination.