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(영문) 서울행정법원 2017.11.03 2016구합85422
귀화허가취소처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. C (hereinafter referred to as “C”) entered the Republic of Korea on December 9, 1991 with a sign language passport (hereinafter referred to as “first passport”) stating the personal information of “D (C. 1963)” as the nationality of Pakistan (hereinafter referred to as “C”).

C From March 9, 192, from March 9, 1992, the period of stay granted at the time of entry was over the period of stay, and the voluntary departure was made on February 8, 1998.

C On August 25, 1999, before two years have elapsed since the restriction period for the issuance of visa due to illegal stay, entered a visa with a passport (hereinafter referred to as “C”) stating the personal information of “C” (hereinafter referred to as “second passport”), and stayed as a sojourn status for specific activities (E-7), and acquired the nationality of the Republic of Korea on May 19, 2014 (general naturalization and Article 5 of the Nationality Act).

B. Plaintiff A (hereinafter “Plaintiff A”)’s spouse entered the Republic of Korea on April 27, 2001 (F-3) by invitation of C, and acquired the nationality of the Republic of Korea (general naturalization) on May 19, 201.

Plaintiff

B (hereinafter referred to as “Plaintiff 2”) was born in Pakistan on the F date date, and entered the Republic of Korea on February 14, 2010, and the father C acquired the nationality of the Republic of Korea on December 30, 2015 on the grounds that he is a national of the Republic of Korea (Article 7 of the Nationality Act).

C. On November 22, 2016, the Defendant issued a notification of revocation of permission for naturalization of C and the Plaintiffs (hereinafter “instant disposition”) on November 22, 2016, on the ground that C illegally entered and staying in the Republic of Korea within the regulation period for visa issuance by using a passport with different personal information, and obtained permission for naturalization (Article 21 of the Nationality Act and Article 27(1)4 of the Enforcement Decree of the same Act).

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 22, 43, 44, Eul evidence 4, the purport of the whole pleadings

2. To make entries in the attached statutes concerned;

3. Whether the instant disposition is lawful

A. The plaintiffs' assertion (i.e., C)

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