귀화불허결정처분취소
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 7, 1999, the Enforcement Decree of the Immigration Control Act for a short term (C-2, 10 days of sojourn) was amended by Presidential Decree No. 23274 on November 1, 201 as a foreigner of the nationality of the People's Republic of China (hereinafter referred to as "China"), and the former short-term (C-2) sojourn status was deleted, and the said short-term sojourn status (C-2) sojourn status and the said short-term comprehensive (C-3) sojourn status were integrated into a short-term visit (C-3) sojourn status.
According to the Enforcement Decree of the Immigration Control Act amended by Presidential Decree No. 23274, Nov. 1, 2011, 201, the status of stay falls under Article 12 [Attachment Table 1] 28-4. Marriage (F-6-A) 28-4.
Sojourn status has been changed to sojourn status and staying in the Republic of Korea.
B. From March 18, 199 to August 18, 2009, the Plaintiff was subject to a disposition of notice of a penalty of KRW 4 million on the ground that he/she illegally stayed for ten and five months from March 18, 199, and received a disposition of notice of a penalty of KRW 4 million on August 18, 2009.
C. On October 24, 2012, the Plaintiff filed an application for simplified naturalization with the Defendant.
However, on June 9, 2014, the Defendant rendered a disposition of denying permission for naturalization pursuant to Article 6(2)1 of the Nationality Act on the ground that “the period of good behavior and illegal stay.”
(See Evidence No. 1, hereinafter referred to as the "disposition of this case"). 【No dispute exists, Gap evidence No. 1, Eul evidence No. 1 to 5, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The plaintiff's assertion was known during the process of marriage with B while he was not aware of his illegal stay, and paid a penalty of 4 million won on August 18, 2009. On December 11, 2008, the plaintiff married with B and has been maintaining a real marital relationship until now, and is engaged in a conduct in legal, moral, and conscientious behavior while maintaining his livelihood.