1. The plaintiff's claim is dismissed.

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

1. On December 14, 2017, the Plaintiff, a national of the Democratic Socialist Republic of Sri Lanka, filed an application for general naturalization with the Defendant. On September 14, 2018, the Defendant rendered a decision not to allow naturalization (hereinafter “instant disposition”) based on Article 5 subparag. 5 of the Nationality Act on the ground that the Plaintiff did not pass an interview.

[Reasons for Recognition] Evidence Nos. 1, 2, Eul's Evidence No. 3, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion satisfies the requirements for general naturalization under Article 5 of the Nationality Act.

The instant disposition taken on a different premise is a disposition that contains an error of deviation or abuse of discretionary power, and must be revoked.

3. Whether the instant disposition is lawful

A. Relevant statutes and legal principles 1) The former Nationality Act (amended by Act No. 15249, Dec. 19, 2017; hereinafter “former Nationality Act”).

Article 4(1) and (2) of the former Nationality Act provides for general naturalization requirements, and Article 5 of the former Nationality Act provides that a foreigner who does not acquire Korean nationality meets the naturalization requirements under Articles 5 through 7 of the former Nationality Act, and only a person who satisfies such requirements shall be permitted naturalization. In this case, even if an applicant for naturalization satisfies the naturalization requirements as prescribed by the Act, the Defendant has discretionary power as to whether to allow naturalization (see, e.g., Supreme Court Decision 2009Du19069, Jul. 15, 2010). The general naturalization requirements prescribed under “ Subparagraph 5”, which is specified as the grounds for the disposition of the instant case, are “a basic knowledge as a national of the Republic of Korea, such as Korean language ability and understanding of Korean custom.”

3) Article 4(2) of the former Nationality Act provides for “necessary matters concerning the application for naturalization and the examination of naturalization,” and the main text of Article 4(3) of the former Enforcement Decree of the Nationality Act (amended by Presidential Decree No. 28255, Aug. 29, 2017) that was enacted upon delegation from the former Nationality Act provides for “written examination” and “Interview examination”.

(2).