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(영문) 서울행정법원 2016.02.04 2015구합11820
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 January 12, 1987, the Plaintiff was born in Vietnam and acquired the nationality of Vietnam. On July 9, 2007, the Plaintiff entered the Republic of Korea as the status of stay of residence (F-2) on October 20, 207 after completing the marriage report with B who is a national of the Republic of Korea on July 9, 2007.

Period of residence in the Republic of Korea: The reason for naturalization from October 20, 2007 to September 4 and 9 months: He/she intends to naturalization in order to care for Korean people as he/she is married with Korean people.

B. On July 26, 2012, the Plaintiff filed an application for simplified naturalization pursuant to Article 6 of the Nationality Act with the Defendant as indicated below.

C. On May 29, 2015, the Defendant rejected the Plaintiff’s application for naturalization on the ground that the Plaintiff failed to meet the requirements under Article 6(2)1 of the Nationality Act due to the Plaintiff’s lack of normal marital life requirements.

(hereinafter referred to as the "disposition of this case") / 1.3 Facts without dispute, Gap evidence Nos. 1, 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings.

2. On June 3, 2015, the Defendant filed the instant lawsuit on October 29, 2015, where 90 days thereafter elapsed since the Plaintiff had been served with the instant disposition and became aware of the existence of the disposition, and thus, the instant lawsuit is unlawful. Therefore, the instant lawsuit is deemed unlawful.

Article 20 (1) of the Administrative Litigation Act provides that "the date when the party becomes aware of the disposition, etc." means the date when the party became aware of the disposition by means of notice, public notice, or other means, and it does not mean the date when the party could have become aware of the disposition abstractly. However, if the document stating the disposition is in a state where the party becomes aware of the disposition in terms of social norms due to service on the party's address, etc., it can be presumed that the

(see, e.g., Supreme Court Decision 2002Du3850, Aug. 27, 2002). Moreover, documents, such as the other party to administrative disposition, shall be served.

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