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(영문) 인천지방법원 2013.06.18 2013고단1651
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

Ⅰ. Foreigners' schools eligible for admission to foreigners' schools are schools established for the education of children of foreigners staying in Korea (persons who do not have the nationality of the Republic of Korea) and those who have returned to Korea after residing for a certain period in a foreign country (persons who have the nationality of the Republic of Korea). The purport of the foreigners' school system is that foreigners are able to receive the same faithful and appropriate education as that of the relevant foreign educational course while staying in Korea by foreigners. Even if foreigners of the Republic of Korea are children of the Republic of Korea, their children have been staying in Korea for a long period of time in the foreign country and have received education for a considerable period of time in the relevant foreign educational course, so it is difficult for them to adapt to the domestic educational course. Thus, the same education as that of foreigners

In order for children to enter a foreigners' school above, if one parent is a foreigner, or if the parent has resided in a foreign country for more than three years, the parent may send such child to a foreigners' school.

Before February 6, 2009, parents could enter a foreigners' school if the child is a foreigner.

Ⅱ Defendant’s crime;

1. From around 2001, the Defendant gave birth to his father and son in Seoul in the course of committing the crime. Since around 2001, the Defendant gave birth to his father and son in Seoul, as if her father and son were married, the report of birth was filed as if her father and son were married, but the report of birth was revoked, and thus a new status was required to son in Korea. On the other hand, as her father and son were married, the report of marriage could not be filed. As her father and son could not be reported, the Defendant acquired a birth certificate that her father and son were born from her father and son in the course of requesting the acquisition of foreign nationality of B and her father and son.

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