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(영문) 서울행정법원 2019.04.26 2018구합77050
귀화불허처분취소
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. The plaintiff is a foreigner of nationality of the People's Republic of China born B (hereinafter "China").

B. On May 3, 2005, C(D) of the Republic of Korea’s nationality reported marriage with E(E, F) of Chinese nationality, the Plaintiff’s mother, and reported adoption with the Plaintiff as of May 13, 2010.

C. On March 21, 2016, the Plaintiff applied for naturalization to the Defendant (hereinafter “instant application”).

On June 4, 2018, the Defendant rendered a disposition of denying the Plaintiff’s naturalization (hereinafter “instant disposition”) on the ground of “insufficient adoption authenticity” against the Plaintiff.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 6 and 8 (including branch numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Defendant asserted that the Plaintiff’s adoption was not genuine, but C adopted the Plaintiff as a genuine will for 10 years, referring to himself.

Around May 2018, at the time when the Defendant’s employee met C for an investigation upon the instant application, the Defendant respondeded to the effect that C denies the adoption. However, this led to an erroneous statement made by C due to psychological stress, where C was suffering from cerebral blood and sporadic dementia symptoms due to psychological stress.

Since the plaintiff satisfies the requirements for special naturalization under Article 7 of the Nationality Act, the disposition of this case in this case must be revoked due to the misunderstanding of facts.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. Determination 1) Article 4(1) of the former Nationality Act (amended by Act No. 15249, Dec. 19, 2017) provides that “A foreigner may obtain the nationality of the Republic of Korea by obtaining permission for naturalization from the Minister of Justice.” Article 4(2) provides that “The Minister of Justice shall determine whether a foreigner satisfies the requirements for naturalization and then meet the requirements.”

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