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(영문) 수원지방법원 2018.05.30 2018구합60343
국적상실신고반려처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff: (a) the father of the Republic of Korea’s nationality B and the mother of the United States of America’s nationality (hereinafter “U.S.”) born on D date and acquired the U.S. nationality upon birth report at the Embassy of the United States; and (b) on November 11, 2010, upon recognition of the Plaintiff, acquired the Republic of Korea’s nationality in accordance with Article 3 of the Nationality Act.

B. On June 28, 2016, the Plaintiff submitted a report of renouncement of nationality to the Defendant. However, on July 19, 2017, the Defendant rejected the disposition of renouncement of nationality to the effect that “a person who intends to deserting the nationality of the Republic of Korea pursuant to Article 11-2 of the Nationality Act and Article 16 of the Enforcement Decree of the Nationality Act shall be a dual nationality holder, but the Plaintiff acquired the nationality of the Republic of Korea through a report of renouncement of nationality by acknowledgement on November 11, 2010, and subsequently, the Plaintiff did not return the report of renouncement of nationality to the effect that the person who reserved the obligation to renounce the foreign nationality is not a dual nationality holder, which

C. After that, on September 26, 2017, the Plaintiff reported the loss of nationality to the Defendant again on the basis of Article 10(3) of the Nationality Act, but the Defendant returned the Plaintiff’s loss of nationality on December 18, 2017, on the ground that “the Plaintiff acquired the nationality of the Republic of Korea on November 18, 2010 by means of a report on the acquisition of nationality by acknowledgement, and thereafter, at the time of acquisition of nationality, (Law No. 8892, Mar. 14, 2008), the proviso to Article 10(2) of the Nationality Act (Enforcement Decree No. 20465, Jan. 1, 2008) and Article 13(1)1 of the Enforcement Decree of the Nationality Act (Enforcement Decree No. 20465, Jan. 1, 208) were reserved for the waiver of the obligation of foreign nationality during the reserved period under the former Nationality Act.” Thus, the Plaintiff’s loss of nationality is not returned on the ground of nationality (hereinafter “instant”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. The plaintiff.

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