귀화불허가처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On March 4, 2003, the Plaintiff, who is a nationality of Bangladesh, has entered and stayed in the Republic of Korea as a corporate investor qualification (D-8).
B. On May 6, 2013, the Plaintiff applied for naturalization to the Defendant pursuant to Article 5 of the Nationality Act. However, on January 23, 2015, the Defendant rendered a decision to deny the Plaintiff’s application for naturalization on the ground that the Plaintiff had criminal record.
(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence 1, Eul evidence 1, Eul evidence 2, Eul evidence 3-3, the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) merely stated the instant disposition as the grounds for disposition, but does not specify the grounds for disposition and the legal basis for disposition. Therefore, the instant disposition is unlawful upon the existence of procedural defects. (2) Around March 4, 2003, the Plaintiff entered the Republic of Korea, and entered the Republic of Korea, and entered the Republic of Korea in a peaceful fashion in the course of carrying out business, making a marriage, and (2) on May 29, 2013, taking into account that there are no particular criminal records except for the Plaintiff’s suspension of indictment on the grounds of violating the Livestock Products Sanitary Control Act.
(b) as shown in the attached Form of the relevant statutes;
C. Article 23(1) of the Administrative Procedures Act provides that when an administrative agency takes a disposition, it shall provide the grounds and reasons therefor to the parties. This is the purport of excluding arbitrary decisions of the administrative agency and allowing the parties to properly cope with the administrative remedy procedure.
Therefore, in full view of the contents of the written disposition, relevant statutes, and the overall process up to the disposition, etc., it is sufficiently possible to find out what grounds and grounds the parties were to make a disposition at the time of the disposition, to proceed to the administrative remedy procedure.