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(영문) 서울행정법원 2016.03.04 2015구합75244

국적신청불허가처분취소

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1. The Defendant’s refusal to apply for nationality on July 6, 2015 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. On July 10, 2014, the Plaintiff filed an application for permission of general naturalization with the Defendant, but the Defendant, on July 6, 2015, deemed that the Plaintiff constitutes a person whose conduct was not good due to criminal records, and rendered a provisional disposition of denial of naturalization (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is legitimate or not, in addition to the overall purport of the arguments in Gap evidence Nos. 3, 4, 7 through 10, 15, and Eul evidence No. 3, the plaintiff was sentenced to a fine of 500,000 won on Nov. 19, 2014; < Amended by Presidential Decree No. 18740, Feb. 11, 2005; Presidential Decree No. 18747, Feb. 11, 2005; Presidential Decree No. 18747, May 14, 2008>

The Minister of Justice has broad discretion on the fulfillment of naturalization requirements and the wide range of permission of naturalization, but the criminal records of the applicant can be considered, but criminal records are rather than the situation itself, such as the contents and frequency of the crime, the motive and circumstances leading to the crime, and the subsequent situation.