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(영문) 서울행정법원 2014.02.11 2013구합54861
국적이탈신고 반려처분 취소
Text

1. On March 5, 2013, the Defendant’s disposition to revoke the Plaintiff’s rejection of the declaration of renunciation of nationality against the Plaintiff.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On April 13, 1995, the Plaintiff was born between the father of the American nationality and the mother of the Korean nationality in the United States of America (hereinafter “U.S.”).

B. Article 2 subparagraph 1 of the former Nationality Act (amended by Act No. 5431 of Dec. 13, 1997) which was enforced at the time the Plaintiff was born, provided that “A person who is a national of the Republic of Korea at the time of birth shall be a national of the Republic of Korea.” However, as the Nationality Act was amended by Act No. 5431 of Dec. 13, 1997, Article 2 (1) 1 of the former Nationality Act was newly established that “A person whose father or mother was a national of the Republic of Korea at the time of birth is changed to be a national of the Republic of Korea at the time of birth, and Article 7 subparagraph 1 of the Addenda thereto was changed to be a national of the Republic of Korea for 10 years prior to the enforcement of this Act, and whose mother is a national of the Republic of Korea at the time of birth may acquire the nationality of the Republic of Korea by reporting to the Minister of Justice as prescribed by the Presidential Decree within three years prior to the enforcement date of this Act.”

C. Accordingly, on September 3, 1998, the Plaintiff reported the special case of acquisition of nationality to the mother-born under the supplementary provision of this case. The Minister of Justice accepted the above report on November 17, 1998, and the Plaintiff acquired the nationality of the Republic of Korea.

On January 18, 2013, which was within three months from the time of enlistment in the first citizen service, the Plaintiff filed a report on the renunciation of Korean nationality to the Defendant via the U.S. sandbox consular official under Article 14(1) of the Nationality Act on the premise that he is a "person with multiple nationalities" with the obligation to nationality selection under Article 12 of the Nationality Act, but the Defendant rejected the said report on April 17, 2013 on the following grounds.

(hereinafter "Disposition in this case"). [The reasons for consideration] The plaintiff is the nationality of the Republic of Korea on September 3, 1998, in accordance with the special case for the acquisition of nationality of the mother-born (Article 7 of the Addenda to the Nationality Act (Act No. 5431).

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