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(영문) 서울행정법원 2015.06.25 2014구합21530
귀화허가신청불허가처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a woman born in the People’s Republic of China (hereinafter “China”).

On July 6, 2005, while the plaintiff was residing in China, the plaintiff filed a marriage report with C with the nationality of the Republic of Korea, and on February 4, 2006, the plaintiff entered the Republic of Korea and has been residing in the Republic of Korea until now.

On January 17, 2008, the Plaintiff filed a divorce lawsuit against C with the Jeonju District Court. On July 26, 2008, the decision in lieu of the conciliation that “the Plaintiff and C shall divorce as the cause of the liability of the Plaintiff and C” became final and conclusive, and thus divorced with C.

B. On August 3, 2012, the Plaintiff filed an application with the Defendant for permission for general naturalization under Article 5 of the Nationality Act.

On August 18, 2014, the Defendant rendered a disposition denying the Plaintiff’s general naturalization (hereinafter “instant disposition”) on the ground that the Plaintiff failed to meet the requirement that “the Plaintiff is to have a good conduct.”

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, 5, and 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) while living in the Republic of Korea with C and C, the Plaintiff divorced for about three years due to continuous drinking, assault, bath, disregarding, etc. However, the Plaintiff cannot be deemed to have failed to meet the requirements for general naturalization on the sole basis of such reasons. (ii) The Plaintiff was a woman under fifty-three years of age, who has extremely gathered in the Republic of Korea to gather money, sought money from the Republic of Korea, and deposited considerable money.

The plaintiff has the character to the extent that there is no obstacle to becoming a member of the Korean society in the future, and there is no special reason to refuse naturalization.

Considering these, the instant disposition is unlawful as a disposition that deviatess from discretion.

나. 관련 법령 ▣ 국적법 제4조(귀화에 의한 국적 취득) ① 대한민국 국적을 취득한 사실이 없는...

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