국적이탈신고 반려처분 취소
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
The grounds of appeal are examined.
1. Regarding ground of appeal No. 1
A. (1) Unlike Article 2(1)1 of the Nationality Act, amended by Act No. 5431, Dec. 13, 1997; Article 2(1)1 of the former Nationality Act provides that “a person who was born with the mother’s mother’s mother’s mother’s mother’s mother’s mother’s mother’s mother at the time of birth” as a national of the Republic of Korea, “a person who was a national of the Republic of Korea at the time of birth,” and Article 7(1)1 of the Addenda (amended by Act No. 5431, Dec. 13, 1997) provides that “a person who was born with the mother’s mother’s mother’s mother for ten years prior to the enforcement of this Act and who was a national of the Republic of Korea at the time of report by the mother’s mother’
(2) Article 10 of the former Nationality Act (amended by Act No. 10275, May 4, 2010; hereinafter “former Nationality Act”) provides that a foreigner who has acquired the nationality of the Republic of Korea shall renounce the nationality of the Republic of Korea within six months from the date of acquisition of the nationality of the Republic of Korea (paragraph (1) and Article 10 of the former Nationality Act (amended by Act No. 10275, May 4, 2010; hereinafter “former Nationality Act”) shall not apply to a person who fails to comply with Paragraph (1) at the time of expiration of the period, but who is difficult to comply with Paragraph (1) at his/her own will and is prescribed by Presidential Decree (paragraph (2)). Accordingly, Article 13(1)1 of the former Enforcement Decree of the Nationality Act (amended by Presidential Decree No. 2588, Dec. 31, 2010; hereinafter “former Enforcement Decree”).