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(영문) 서울행정법원 2015.06.25 2015구합54780

국적신청불허가처분취소

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. On July 22, 2008, the Plaintiff entered the Republic of Vietnam as a foreigner of Vietnam’s nationality, and entered the Republic of Korea on a short-term visit (C-3) on a short-term basis, and reported the illegal stay to B on May 24, 2010, even after the expiration of 90 days of stay.

B. The Plaintiff, upon receiving a departure order on June 22, 2010, voluntarily departs from the Republic of Korea on August 5, 2010, and entered the Republic of Korea upon obtaining the status of stay (F-2-1) as the spouse of the citizen.

C. On March 30, 2011, the Plaintiff filed a divorce lawsuit against B as the Suwon District Court Branch Branch 2011ddan3931, and was sentenced by public notice on September 6, 2011 that “the Plaintiff and B are divorced.”

Since then, on April 6, 2012, the plaintiff changed his/her status of stay to a visit and movement (F-1) and has been residing in Korea until now.

E. The Plaintiff filed an application for simplified naturalization, but the Defendant, on November 28, 2014, rejected the Plaintiff’s application for naturalization on the ground that the Plaintiff failed to satisfy the requirements for the authenticity of marriage and that the cause attributable to the spouse is unclear during the marriage group.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 9 (including branch numbers in case of provisional number; hereinafter the same shall apply), Eul evidence Nos. 1 through 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was married based on the genuine intent of the Plaintiff with B, and was caused by one-way causes attributable to the Plaintiff, such as B’s misconduct, and thus, the Defendant’s disposition based on a different premise is unlawful.

B. The nationality determines the qualification of the citizen, and the person who acquired it becomes the sovereign of the State at the same time as the subject of the sovereignty of the State. Thus, permission for naturalization constitutes an act of comprehensively establishing the legal status of a citizen by granting the nationality of the Republic of Korea to a foreigner. On the other hand, it can be seen that the person granted the right to acquire the nationality of the Republic of Korea to

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