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(영문) 서울행정법원 2017.11.09 2017구합66923
국적회복허가거부처분취소
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 November 10, 1994, the Plaintiff, a national of the Republic of Korea, lost the nationality of the Republic of Korea while acquiring citizenship of the United States of America (hereinafter “U.S.”).

B. On June 15, 2016, the Plaintiff filed an application for permission to recover nationality with the Defendant pursuant to Article 9(1) of the Nationality Act. On April 7, 2017, the Defendant rendered a disposition to deny the recovery of nationality on the ground that the Plaintiff constitutes “a person whose conduct is not good” as a crime of violating the Road Traffic Act (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Of the two criminal records asserted by the plaintiff, the crime of violation of the Road Traffic Act of August 9, 2007, among the two criminal records asserted by the defendant, was committed by a third party by stealing the plaintiff's personal information, and only the records punished as a crime of violation of the Road Traffic Act (driving) on one occasion, and the disposition of this case, which judged the plaintiff as "a person whose conduct is not decent", was abused from discretion.

(b) Relevant statutes / [Attainment Nationality Act] Article 9 (Attainment of Nationality) (1) A foreigner who was a national of the Republic of Korea may obtain the nationality of the Republic of Korea after obtaining permission for reinstatement of nationality from the Minister of Justice.

(2) In receipt of an application for permission to recover nationality, the Minister of Justice shall not permit the reinstatement of nationality to any of the following persons after examining the application:

2. A person whose conduct is unsound; and

C. Determination 1: (a) a disposition granting nationality again to a foreigner who was a national of the Republic of Korea; and (b) a foreigner who, considering that he was a national of the Republic of Korea in the past, has relaxed the substantive requirements compared to naturalization; (c) a foreigner is recognized again as a member of our community and is accepted by one of the sovereigns.

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