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(영문) 서울행정법원 2016.09.22 2016구합54046
귀화허가취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details and details of the disposition;

A. Both the Plaintiff, B (B, C, Plaintiff’s father), D (D, E, and Plaintiff’s mother) were foreigners of nationality of the People’s Republic of China (hereinafter “China”).

B. On May 9, 2005, B filed an application for the restoration of nationality with the Defendant under Article 9 of the Nationality Act, and entered “F” and “G” in the name column of the application in the name column of “F” and “date of birth,” and submitted the forged documents related to the status. On November 18, 2005, B acquired the nationality of the Republic of Korea upon obtaining the restoration of nationality from the Defendant.

D also filed an application for permission of simplified naturalization under Article 6 of the Nationality Act with the Defendant on May 9, 2005. On the date of birth of the application, “H” was falsely stated in the column for the date of birth of the application and submitted it together with forged documents related to his status. On November 24, 2005, the Defendant acquired the nationality of the Republic of Korea by obtaining permission of naturalization from the Defendant.

C. On October 12, 2009, the Plaintiff entered the Republic of Korea on November 11, 2009, and applied for permission of special naturalization under Article 7(1)1 of the Nationality Act to the Defendant on November 11, 2009, entered the above false personal information in the family column of the application, and acquired the nationality of the Republic of Korea by obtaining permission of naturalization from the Defendant on December 30, 2010.

On March 8, 2013, the Plaintiff married with I (acquisition of nationality of the Republic of Korea on September 28, 2009) and between I and I (K).

E. On January 5, 2016, the Defendant revoked all permission for naturalization in accordance with Article 21 of the Nationality Act and Article 27 of the Enforcement Decree of the Act on the ground that “acquisition of nationality by unlawful means” with respect to the Plaintiff and D.

(hereinafter the plaintiff's revocation of permission for naturalization is "the disposition of this case"). 【No dispute exists, Gap 1-6 certificates (including virtual numbers), Eul 1-3, and 5 certificates, and the purport of the whole pleadings.

2. The purport of the Plaintiff’s assertion is that both parents were nationals of the Republic of Korea at the time when the Plaintiff applied for permission of special naturalization, and the parent’s age is falsely stated in the application.

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