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(영문) 서울행정법원 2015.08.13 2015구합4174
귀화불허가처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Disposition of this case

(a) The plaintiff (C) is a national foreigner of the People's Republic of China;

On July 3, 2012, the Plaintiff entered the Republic of Korea with a visa C-3 (short-term comprehensive) visa, and stayed after obtaining the status of alteration of status of sojourn from the parent-child status D (F23) who is a permanent resident on July 9, 2012.

B. On September 15, 1997, the Plaintiff’s Chomo B married with Korean nationals E, and acquired Korean nationality and married with E on May 30, 1998.

B adopted the Plaintiff as a grandchild on May 31, 2013.

C. B applied for permission of special naturalization on behalf of the Plaintiff on June 13, 2013.

On January 20, 2015, the defendant rendered a decision to reject the plaintiff's failure to satisfy the requirements and lack of proof.

(hereinafter referred to as “instant disposition”). [Ground for recognition] A without dispute, Gap evidence Nos. 1-3, Eul evidence Nos. 1-5 (including paper numbers), the purport of the entire pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that the Plaintiff was adopted to Chomo-Ba, who acquired the nationality of the Republic of Korea, meets the requirements for special naturalization, and thus, the instant disposition that rejected the Plaintiff’s naturalization is unlawful.

B. Article 7(1)1 of the Nationality Act provides that a foreigner whose father or mother is a national of the Republic of Korea (excluding a person adopted as an adult under the Civil Act of the Republic of Korea) whose father or mother is a national of the Republic of Korea may obtain permission for naturalization even if he/she satisfies the requirements under Article 5(1), (2), or (4) of the Nationality Act.

Nationality is determined as a citizen, and a person who acquires it becomes a sovereign of the State at the same time as a sovereign of the State, so permission for naturalization constitutes an act of comprehensively establishing a legal status as a citizen by granting the nationality of the Republic of Korea to a foreigner. There is no provision to deem that there is no provision that the person granted the right to acquire the nationality of the Republic of Korea to

This permission of naturalization.

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