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(영문) 서울행정법원 2017.04.07 2016구합66124
귀화불허가처분취소의 소
Text

1. The Defendant’s rejection of naturalization made to the Plaintiff on April 22, 2016 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff is a person born in Vietnam and acquired the Vietnam nationality.

On April 8, 2009, the Plaintiff reported marriage with C who is a national of the Republic of Korea, and entered the Republic of Korea on June 22, 2009.

Around that time, the Plaintiff was pregnant and delivered D E, and divorced from C on December 3, 2014.

B. On September 4, 2014, the Plaintiff applied for naturalization to the Defendant.

On November 3, 2015, the Defendant’s person in charge of marriage presented his opinion that “the Plaintiff is deemed to lack of authenticity in marriage purpose and marriage life” after examining the Plaintiff’s statements, etc., and the Defendant denied the Plaintiff’s application on April 22, 2016, based on the review opinion that there is lack of authenticity in marriage purpose and marriage life, such as: (a) the Plaintiff knew of pregnancy and attempted to abortion on several occasions on January 12, 2016; (b) the Plaintiff had been aware of pregnancy; and (c) even after childbirth, the Plaintiff appears to have been able to demand divorce in a way favorable to his/her stay by inducing violence against her child; and (d) the Plaintiff’s request for divorce in a way favorable to his/her stay.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence 1 to 5, Eul’s evidence 1 to 7, and the purport of the whole pleadings

2. 관계 법령 ▣ 국적법 제4조(귀화에 의한 국적 취득) ① 대한민국 국적을 취득한 사실이 없는 외국인은 법무부장관의 귀화허가(귀화허가)를 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;

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