beta
(영문) 서울행정법원 2018.05.24 2017구합89315

국적신청불허가처분취소

Text

1. The Defendant’s rejection of naturalization against the Plaintiff on September 29, 2017 is revoked.

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

Reasons

1. Details of the disposition;

A. On February 20, 1997, the Plaintiff (B) entered the Republic of Korea as an industrial trainee (D-3) on February 20, 1997, and worked as an employee of plastic manufacturing plant, salary processing plant, etc., and left the Republic of Korea on November 30, 1999.

B. The Plaintiff, as a head of 2 South and North Korean women, sought to work again in the Republic of Korea for living, but already entered Korea as industrial trainees, became unable to obtain the status of stay as industrial trainees again, and thereafter, entered Korea on July 5, 200 using a passport (C, D-C; hereinafter “compact passport”) in the name of another person, again entered Korea as an industrial trainee (D-3) on July 5, 200, and thereafter worked as an employee of a mers plant located in Pakistan.

While working in the above factory, the Plaintiff was determined to marry with E while teaching with the factory manager E.

C. On July 1, 2003, the Plaintiff was staying in the Do and was in violation of Article 17(1) of the former Immigration Control Act (amended by Act No. 7406 of Mar. 24, 2005), and left the Republic of Korea for the same day after receiving a disposition of penalty exemption and departure order from the head of the Incheon Airport Immigration Immigration Office on November 10, 2004.

On December 15, 2004, the Plaintiff and E married from four arms, and on March 4, 2005, the Plaintiff returned to the Republic of Korea upon obtaining a resident visa (F-2) issued to the spouse of a citizen of the Republic of Korea, and used his own passport at the time of entry.

The Plaintiff gave birth to ASEAN between F date E, and was granted the permanent residence status (F-5) around July 2012.

E. The plaintiff was above B.

On March 15, 2013, on the ground that Article 7 (1) of the Immigration Control Act was violated after entering the Republic of Korea using the above name passport as stated in the port, the order of departure was issued by the head of Incheon Immigration Office, and the Plaintiff voluntarily left the Republic of Korea on March 18, 2013.

The name passport shall be used.