beta
(영문) 서울행정법원 2016.06.16 2015구합74036

국적취소처분취소소송

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff entered the Republic of Pakistan as a foreigner of his nationality on January 19, 199.

B. On August 17, 2001, the Plaintiff reported marriage with C who is a national of the Republic of Korea, and acquired the F-2 (spouse as a spouse of the national) status on June 21, 2002.

C. On July 19, 2004, the Plaintiff applied for permission for simplified naturalization under Article 6(2) of the Nationality Act to the Defendant, and obtained permission for naturalization from the Defendant on June 10, 2005 (hereinafter “instant permission for naturalization”). On January 26, 2006, the Plaintiff made a divorce with C on January 26, 2006.

From January 2015, the Plaintiff, in collusion with C, etc. at the Immigration Special Survey Team for the Immigration of the Immigration Office, had D (D; hereinafter referred to as “D”) who is his/her natives, enter and register as if he/she were married to D, E, F, and G in the family relations electronic data processing system, by submitting a false marriage report, and was investigated as suspicion that he/she stored, operated, and exercised the said system in which the aforementioned false facts were recorded.

However, in the above investigation process, the fact that D's family relation certificate, passport, certificate of high school attendance, certificate of high school graduation examination scores, and the name of father's father's name was stated H was stated in the university records, and C stated that the marriage with the Plaintiff was a disguised marriage.

E. On June 1, 2015, based on the foregoing facts, the Defendant granted the Plaintiff an opportunity to vindicate pursuant to Article 27(2) of the Enforcement Decree of the Nationality Act, and decided to revoke the instant permission of naturalization on the ground that the Plaintiff entered the Republic of Korea using the above-name passport and entered the disguised marriage, and obtained the instant permission of naturalization. On June 15, 2015, based on Article 21 of the Nationality Act and Article 27 of the Enforcement Decree of the same Act, the Defendant acquired the Republic of Korea’s nationality due to false personal information, etc.