2. The costs of lawsuit shall be borne by the Plaintiff.

A. On January 30, 2014, the Plaintiff entered the Republic of Korea and has been staying there until now, as a ship of the nationality of the People's Republic of China.

B. On June 7, 2017, the Plaintiff was sentenced to a fine of two million won due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the sentence became final and conclusive.

C. On October 31, 2017, the Plaintiff applied for permission of special naturalization on the ground that he/she was a national of the Republic of Korea after having been put to the Defendant for naturalization. However, on August 28, 2019, the Defendant rejected the Plaintiff’s application on the ground that the Plaintiff failed to meet the requirements for “act of good conduct” under Article 5 subparag. 3 of the Nationality Act in light of the Plaintiff’s criminal record (hereinafter “instant disposition”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 12, Eul evidence 1 to 3, and Eul evidence 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Defendant’s refusal to file an application for special naturalization on the ground that the requirements for special naturalization do not require “act of conduct” are unlawful. In other words, Article 5 subparag. 3 of the Nationality Act only applies to general naturalization and does not apply to special naturalization under Article 7, even if the requirements for “act of conduct” under Article 5 subparag. 3 of the Nationality Act are applied to special naturalization. 2) Even if the requirements for “act of conduct” are applied to special naturalization, it is difficult to deem that the Plaintiff failed to meet the requirements for “act of conduct,” and it is difficult to deem that the crime is serious. In light of the fact that the Plaintiff’s crime was sentenced to a fine, and the disadvantage that the Plaintiff and his family members will incur is very large compared to the public interest to achieve the instant disposition, and thus, the Defendant deviates from and abused discretion.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. Article 5 of the Nationality Act, which prescribes the requirements for general naturalization, stipulates whether Article 5 subparag. 3 of the Nationality Act applies to the requirements for "act of good conduct", is permitted to naturalization.