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

On July 10, 2014, the Plaintiff filed an application for permission of general naturalization with the Defendant, but the Defendant, on July 6, 2015, deemed that the Plaintiff constituted a person whose conduct was not decent due to criminal records against the original High Court on July 6, 2015, and rendered a disposition of permission of naturalization (hereinafter “instant disposition”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

In addition to the arguments stated in Gap evidence Nos. 3, 4, 7, and 10, 15, and Eul evidence Nos. 3, the plaintiff is a person with four arms's nationality who entered the Republic of Korea on February 11, 2005, and the plaintiff is a business entity after entry (from January 31, 2006 to January 30, 2008), and the restaurant (from May 14, 2008, until January 14, 2008), and paid taxes related thereto (value-added tax and global income tax), and the plaintiff was sentenced to a fine not exceeding 50,000 won for the violation of the Traffic Accident Treatment Act on November 19, 2014, and the plaintiff was sentenced to a fine not exceeding 3% for the violation of the Road Accident Treatment Act, and the plaintiff was sentenced to a fine not exceeding the driver's negligence on the part of the plaintiff's vehicle.

20% agreement may be recognized.

The Minister of Justice has broad discretion on the fulfillment of naturalization requirements and the wide range of permission of naturalization, but criminal records of applicants can be considered, but criminal records should also be taken into account, rather than in itself, various circumstances such as the contents and frequency of the crime, motive and circumstance leading to the crime, and the subsequent situation.

However, the Plaintiff’s instant traffic accident was due to negligence, and there was the other party’s negligence, and the Plaintiff agreed with and paid a fine with the victim. As seen above, the Plaintiff entered the Republic of Korea and engaged in his occupation without criminal records and delinquency for about nine years. In addition, the Plaintiff was examined as having been equipped with basic knowledge by passing a pen and interview necessary for naturalization. In determining whether the Plaintiff is a good conduct, the Plaintiff’s judgment should take into account the following factors: (a) the subject of the review’s human character and suitability to the State and society, etc.; and (b) the Plaintiff was determined as having passed the interview. In full view of these circumstances, the Plaintiff was determined as having passed the interview.

In addition, the Defendant’s disposition that determined that the Plaintiff did not immediately satisfy the requirement that the instant traffic accident ought to be determined by good conduct, on the ground that there was a criminal record of the instant traffic accident, was erroneous or incomplete considering some of the circumstances that ought to be considered while exercising its discretionary power.

The instant disposition is unlawful by deviating from and abusing discretion.

3. Conclusion

It is so decided as per Disposition by accepting the plaintiff's claim.

Judges Kim Young-young

Judges Maap-man

▣ 국적법

Article 5 (Requirements for General Naturalization)

In order to obtain permission for naturalization, a foreigner shall meet the following requirements, except in cases falling under Article 6 or 7:

1. That he/she has an address in the Republic of Korea for at least five consecutive years;

2. The person shall have attained majority under the Civil Act of the Republic of Korea;

3. Persons whose conduct is good;

4. Ability to maintain a livelihood by depending on his/her assets (property) or functions, or on any family member who lives together with him/her;

of this chapter.

5. A person who has basic knowledge as a national of the Republic of Korea, such as Korean language ability and understanding about Korean custom;

(i) the end;