귀화허가신청불허처분취소 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a foreigner of the nationality of the People's Republic of China, and is staying in the Republic of Korea on October 27, 2010 after being granted the status of stay of overseas Koreans (F-4).
B. On August 28, 2015, the Plaintiff filed an application for a general naturalization permit under Article 5 of the former Nationality Act (amended by Act No. 15249, Dec. 19, 2017; hereinafter the same) with the Defendant, but the Defendant rendered a disposition to deny the said application to the Plaintiff on January 13, 2017 on the grounds of “criminal experience and good behavior” (hereinafter “instant disposition”).
[Ground of recognition] Unsatisfy, entry of Eul evidence 1, purport of whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion is that the Plaintiff was sentenced to a fine of KRW 2,00,000 for the violation of the Customs Act, and a fine of KRW 2,00,000 for the violation of the Livestock Products Sanitary Control Act, etc. However, the Plaintiff has already resided in the Republic of Korea for a long time in Korea. Since around 2013, the Plaintiff is ordinarily employing 16 workers and is paying various taxes in good faith while operating a stock company B, and the Plaintiff’s spouse and children were subject to permission of naturalization from the Defendant on May 31, 2017. In light of the fact that the Plaintiff was subject to permission of naturalization from the Defendant, such crime records alone cannot be deemed to have failed to satisfy the requirements of “reguying a good conduct” under Article
Therefore, the disposition of this case, which rejected the plaintiff's permission of naturalization, is unlawful.
B. The details of the relevant statutes are as shown in the attached statutes.
C. Article 5 subparag. 3 of the former Nationality Act of the Republic of Korea requires that “any person who is engaged in good conduct” be subject to naturalization.
In light of the legislative purpose of the former Nationality Act, the legislative purpose of the above provision, and the contents of language and text, etc., one of the requirements for naturalization is likely to hinder the recognition of an applicant as a new member of the Republic of Korea.