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(영문) 서울행정법원 2017.05.12 2016구합82553
귀화불허처분취소
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. On March 7, 2006, the Plaintiff filed a marriage report with B, who is a national of the Republic of Korea, and entered the Republic of Korea on June 18, 2006.

The plaintiff filed a divorce lawsuit against B on May 11, 2007 and was sentenced to a divorce on November 16, 2007. The judgment became final and conclusive on December 14, 2007.

(2) The Ansan District Court's Busan District Court's 2007ddan572 Divorce case)

On November 17, 2015, the Plaintiff applied for naturalization to the Defendant.

On December 4, 2015, the Defendant rendered a disposition to deny naturalization to the Plaintiff on the ground of “unfiting of good conduct.”

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1, Eul evidence Nos. 2 through 4, the purport of the whole pleadings.

2. 관계 법령 ▣ 국적법 제4조(귀화에 의한 국적 취득) ① 대한민국 국적을 취득한 사실이 없는 외국인은 법무부장관의 귀화허가를 받아 대한민국 국적을 취득할 수 있다.

(2) In receipt of an application for naturalization, the Minister of Justice shall determine whether a person satisfies the requirements for naturalization under Articles 5 through 7 and then allow naturalization only to a person who meets such requirements.

Article 5 (Requirements for General Naturalization) If a foreigner intends to obtain permission for naturalization, he/she shall meet the following requirements, except in cases falling under Article 6 or 7:

1. That he/she has an address in the Republic of Korea for at least five consecutive years;

2. The person shall have attained majority under the Civil Act of the Republic of Korea;

3. Persons whose conduct is good;

4. A person shall be capable of maintaining livelihood with his/her assets, skills or family members living together;

5. A person shall have basic knowledge as a national of the Republic of Korea, such as Korean language ability and understanding about Korean custom.

3. Whether the instant disposition is lawful

A. The marriage relation was not maintained due to the Plaintiff’s husband B, who was the husband before the Plaintiff’s assertion, frequently committed a crime and was committed in prison.

The plaintiff believed B and began to live in the Republic of Korea, but was divorced due to the reasons attributable to B.

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