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(영문) 서울고등법원 2018.10.25 2018누59276
국적신청불허가처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the part resulting from a written appeal under Paragraph (2) below, and thus, it shall be cited as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act

(Other, the grounds alleged by the Plaintiff in the appeal do not differ significantly from the contents asserted by the Plaintiff in the first instance court, and even if the evidence submitted by the first instance court is reviewed together with the allegations by the Plaintiff, the first instance court’s decision that rejected the Plaintiff’s claim is justifiable). 2. In the second instance judgment, the second instance judgment of the first instance, “National Nationality Act” under Article 17 of the Nationality Act (amended by Act No. 15249, Dec. 19, 2017; hereinafter the same shall apply) is amended.

The 3th written judgment of the first instance court shall consist of the 10th to 12th as follows.

“1) Reinstatement of nationality is a disposition of the Republic of Korea nationality again to a foreigner who was a national of the Republic of Korea, and its substantive requirements are mitigated compared to naturalization taking into account the fact that he was a national of the Republic of Korea, but it is necessary to exclude a person who is recognized again a foreigner as a member of our community and is in danger of undermining the integration and order of the State and society. Therefore, in cases falling under any subparagraph of Article 9(2) of the Nationality Act, the defendant should not be granted the reinstatement of nationality.

However, nationality is determined as a citizen, and a person who acquired it becomes a sovereign of the State at the same time as a sovereign of the State, and thus, the recovery of nationality constitutes an act of comprehensively establishing the legal status of a citizen by granting the nationality of the Republic of Korea to foreigners, and the relevant laws and regulations, such as the Nationality Law, etc., grant a foreigner the right to acquire

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