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(영문) 서울고등법원 2015.05.07 2014누69268
출국명령처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the judgment of the court of first instance cited “No. 18” as “No. 18 and 21 of the 7th sentence of the judgment of the court of first instance,” and the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the addition of the judgment on the Plaintiff’s assertion at the appellate court, and thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the text of

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion is a national of the Republic of Korea’s mother as a national of G, and thus is unlawful in the instant disposition premised on the Plaintiff’s being a foreigner.

B. The respective descriptions of Gap evidence Nos. 19 through 21 (including paper numbers) are insufficient to recognize that G is a national of the Republic of Korea or the Plaintiff’s mother, and there is no other evidence to acknowledge this.

Even if G’s mother was a national of the Republic of Korea, Article 2 subparag. 1 of the former Nationality Act (amended by Act No. 5431, Dec. 13, 1997) which was in force at the time when the Plaintiff was born, provided that “the father is a national of the Republic of Korea at the time of birth, who is a national of the Republic of Korea, is a national of the Republic of Korea,” and thus, the Plaintiff cannot acquire the nationality of the Republic of Korea.

Therefore, the plaintiff's assertion cannot be accepted.

3. The decision of the first instance court is reasonable, and the plaintiff's appeal is dismissed as it is without merit.

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