1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff, whose nationality was the People’s Republic of China, entered the port of Busan around June 3, 199 and stayed illegally until February 9, 201.

B. On July 7, 2011, the Plaintiff voluntarily reported the illegal stay and was permitted to stay as a visiting employment qualification (H-2). On November 29, 2011, the Plaintiff reported the marriage with B who is a national of the Republic of Korea.

C. On February 10, 2015, the Plaintiff applied for simplified naturalization pursuant to Article 6(2) of the Nationality Act as a foreigner whose spouse is a national of the Republic of Korea. However, on December 28, 2015, the Defendant rendered a disposition not to allow naturalization on the ground that the Plaintiff did not meet the requirements under the Nationality Act (Article 5-8) on the ground that the grounds that the Plaintiff was not able to deny good behavior, illegal stay, and the experience of smuggling.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s 1 to 3 evidence, Eul’s 1 to 3 evidence, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that he had previously entered the country of smuggling and illegally staying in the past is a reason that the defendant does not exist in Articles 5 through 8 of the Nationality Act, which is the ground for the disposition of this case.

On the other hand, the plaintiff has outstanding Korean language ability and understanding on the Republic of Korea, or has basic knowledge as a national of the Republic of Korea, and has the ability to maintain his/her livelihood.

Therefore, even though the plaintiff satisfies all the requirements for simplified naturalization under the Nationality Act, the defendant rejected the plaintiff's application for naturalization, so the disposition of this case is unlawful.

B. First, we examine the Plaintiff’s assertion that the instant disposition was not based on the grounds stipulated in the Nationality Act.

In the case of simplified naturalization pursuant to Article 6 (2) of the Nationality Act, the remaining requirements of general naturalization except subparagraph 1 of Article 5 of the Nationality Act shall be met. The requirement of general naturalization under subparagraph 3 of Article 5 of the Nationality Act shall be deemed to be a good conduct.