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(영문) 서울행정법원 2019.08.30 2018구합89350
국적이탈신고 반려처분 취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The plaintiff A (Nam) was born in the Canadian Franley of the Eth day, and the plaintiff B (Nam) was born in the New Airport of Canada on the F date.

B. The Plaintiff’s father C and mother D acquired the permanent residence of Canada around May 24, 2013.

C. On March 31, 2018, the Plaintiffs reported the renunciation of the nationality of the Republic of Korea to the Defendant under Article 14 of the Nationality Act, who was born between the parents of the Republic of Korea and Canada in Canada.

On June 4, 2018, the Defendant filed a declaration of renouncement of nationality with the Plaintiffs on June 4, 2018, even if the father or mother was born while residing in a foreign country for the purpose of permanent residence in a foreign country and had not been able to resolve the duty of military service until March 31 of the year in which the father or mother was 18 years old. In cases where the father or mother was born while his father or mother was staying in a foreign country for the purpose of permanent residence in a foreign country, and the father or mother applied for the acquisition of the citizenship or permanent residence in the foreign country before or after the reporter’s birth while her father or mother was staying in a foreign country (the long-term residence in the country must not exist) and continuously resided in the foreign country for 17 years or longer after the reporter’s birth, it refers to a person who meets the requirements of Article 12(3) of the Nationality Act, Article 16-2 of the Enforcement Decree of the Nationality Act, and Article 10-2 of the Enforcement Rule of the Nationality Act.

(hereinafter “Disposition in this case”). [Grounds for recognition] The Disposition in this case is without dispute; Gap evidence 1 through 7, 10; Eul evidence 1 and 4 (including each number); the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiffs’ assertion C and D filed an application for permanent residence with the Government of Canada in around 2009, with the approval of investment immigration around 2012, and filed an application for permanent residence status with the Government of Canada in 2013.

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