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(영문) 서울고등법원 2018.08.28 2018누47617
귀화불허가처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the judgment of the court of first instance, except for the dismissal or addition of the text of the judgment of the court of first instance as follows. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

In the first instance judgment, the following is added under the first instance judgment, and Article 5 subparagraph 3 of the Nationality Act, which provides for the requirements for general naturalization, can be interpreted as "where an applicant for naturalization has character and behavior that would not interfere with accepting an applicant as a new member of the Republic of Korea." Specifically, the issue of which case should be determined by comprehensively taking into account various circumstances, such as the applicant's sex, age, occupation, family, career, criminal record, and criminal record.

(see, e.g., Constitutional Court en banc Decision 2014Hun-Ba421, Jul. 28, 2016). Article 6 subparag. 2 of the first instance judgment, “No. 10” of the first instance judgment, “No. 6 of the first instance judgment,” and “No. 11 of the first instance judgment,” of which the following should be added, is the most fundamental and important element for foreigners to comply with the laws and regulations of the Republic of Korea to determine whether a foreigner’s recognition as a member of the State community and recognition as a member of the State community and recognition as a member of the share holder’s share holder may interfere with the adoption of the foreigner.

In the sixth sentence of the first instance judgment, following the second sentence : “Notarial Document,” and “Notarial Document, C’s Family Relations Certificate, and Family Relations Certificate,” shall be added.

2. In conclusion, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit.

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