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(영문) 서울고등법원 2014.07.09 2014누45828

국적이탈신고 반려처분 취소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons why the court should explain by the court of first instance are as follows, except for the case where the defendant added a judgment on the argument that the defendant emphasizes in particular or unsatisfyed, the reasons why the court of first instance should accept it pursuant to Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Judgment on the defendant's assertion

A. The defendant's assertion that the plaintiff was a foreigner and used by the plaintiff below the supplementary provision of this case is the same as the judgment of the court of first instance.

Article 3 of the Addenda to the current Nationality Act provides that "The amended provisions of Article 10 shall also apply to a person who does not waive foreign nationality because he/she falls under the proviso to Article 10 (2) before this Act enters into force." Thus, the plaintiff is only a person who has renounced foreign nationality or a person who has not vowed non-exercise of foreign nationality under Article 10 of the Nationality Act, and is not a "person with multiple nationality" under Article 11-2 of the Nationality Act, and thus, the plaintiff is not a person with multiple nationality as part of the fulfillment of the obligation to nationality, and thus, is not a person who may report the renunciation of nationality.

B. Determination 1) Article 2 (1) of the former Nationality Act (amended by Act No. 5431 of Dec. 13, 1997) which adopted the principle of side-domination in acquiring the nationality of the Republic of Korea as to whether the Plaintiff is a person who acquired the nationality of the Republic of Korea in the future (see, e.g., Constitutional Court Order 97Hun-Ga12, Aug. 31, 200) was contrary to the principle of gender equality, the principle of gender equality in family life, and the principle of equality (see, e.g., Constitutional Court Order 97Hun-Ga12, Aug. 31, 200). Article 2 (1) 1 of the former Nationality Act (amended by Act No. 5431 of Dec. 13, 197) was amended by Act No. 5431 of Dec. 1,