귀화허가취소처분취소
1. Revocation of the first instance judgment.
2. The Defendant’s revocation of permission of naturalization on November 22, 2016 to the Plaintiffs.
1. Details of the disposition;
A. C (hereinafter referred to as “C”) entered the Republic of Korea on December 9, 1991 with a sign language passport (hereinafter referred to as “first passport”) stating the personal information of “D (C. 1963)” as the nationality of Pakistan (hereinafter referred to as “C”).
C From March 9, 192, from March 9, 1992, the illegal stay was over the period of stay granted at the time of entry, and the voluntary departure was made on February 8, 1998.
C On August 25, 1999, before two years have elapsed since the regulation period for the issuance of visa due to illegal stay, C entered the country with a visa for a specific activity (E-7) status by using a passport (hereinafter referred to as “second passport”) stating the personal information of C (C and E) on August 25, 199 and stayed on May 19, 2014 (general naturalization and the former Nationality Act (amended by Act No. 15249, Dec. 19, 2017; hereinafter the same shall apply).
Article 5)
B. On April 27, 2001, upon the invitation of C, Plaintiff A entered the Republic of Korea as C’s spouse, and acquired the Republic of Korea nationality (general naturalization, Article 5 of the former Nationality Act) on May 19, 2014.
Plaintiff
B was born in Pakistan on the F date, and entered the Republic of Korea on February 14, 2010, and on December 30, 2015, father C acquired the nationality of the Republic of Korea (special naturalization, Article 7 of the former Nationality Act) on December 30, 2015 due to the reasons that father C is a national of the Republic of Korea.
C. On November 22, 2016, the Defendant issued a notification of revocation of permission for naturalization of C and the Plaintiffs (hereinafter “instant disposition”) on November 22, 2016, on the ground that C illegally entered and staying in the Republic of Korea within the regulation period for visa issuance by using the passport Nos. 1 and 2, whose personal information is different, and obtained permission for naturalization (Article 21 of the Nationality Act and Article 27(1)4 of the Enforcement Decree of the Nationality Act).
[Reasons for Recognition] Facts without dispute, Gap's statements, Gap's 1 through 4, 7, 10 through 13, 17, 21, 22, 43 and 44, Eul's statements and the purport of the whole pleadings
2. The details of the relevant legislation attached thereto are as follows.