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(영문) 서울고등법원 2015.07.09 2014누68449
귀화허가취소처분취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. (i) On August 200, the previous illegal stay and forced deportation, etc. (on October 17, 1999, with the Chinese nationality (on August 17, 2009, with the evidence of Eul No. 1) the Plaintiff was staying in the Republic of Korea after pushing into the port of Busan, and reported the illegal stay on May 10, 200 and received a departure order until February 7, 2003. The Plaintiff’s personal information identified by the Plaintiff’s identification card (Evidence No. 16) presented in the process was “C” (C, C, hereinafter “C”) and “D”.

B. The Plaintiff continued to stay in the Republic of Korea without departure by the above departure deadline on September 2, 2004, and was discovered again on October 2, 2004, and was subject to a five-year disposition of forced departure and five-year disposition of prohibition of entry, and then went to China on October 15, 2004. During that process, the Plaintiff was treated on the premise that the Plaintiff is “Dvers C”.

B. (i) On January 2004, the Plaintiff’s father L was named as “A (A, A, hereinafter “A”)” in China, and the date of birth was corrected to “E”.

B. On July 26, 2005, the Plaintiff filed a marriage report with F who is a national of the Republic of Korea on July 26, 2005, and entered the Republic of Korea again on November 8, 2005 as a spouse qualification of the citizen.

On December 24, 2007, the plaintiff filed an application for simplified naturalization under Article 6(2)1 of the Nationality Act (hereinafter referred to as the "application of this case") with the defendant on December 24, 2007, and obtained the permission on December 9, 2009.

Article 6 (Requirements for Simple Naturalization) (2) A foreigner who is a national of the Republic of Korea and his/her spouse falls under any of the following subparagraphs may obtain permission for naturalization without meeting the requirements under subparagraph 1 of Article 5:

1. The status of marriage with the said spouse shall be two or more years consecutively in the Republic of Korea;

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