logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.06.16 2015구합66417
귀화불허결정 취소
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 June 14, 2007, the Plaintiff reported marriage B with the nationality of the Republic of Korea on a male with the nationality of Pakistan.

B. On August 13, 2010, the Plaintiff filed an application for simplified naturalization pursuant to Article 6(2)1 of the Nationality Act with the Defendant.

On November 19, 2014, the Defendant rendered a non-permission decision on the Plaintiff’s application for simplified naturalization on the ground of “requirements,” and the decision was notified to the Plaintiff on March 24, 2015.

(hereinafter “Disposition in this case”). 【No dispute exists, entry of Gap evidence Nos. 3, 7, and 8, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion did not have a serious divorce with a woman of Pakistann nationality in the state of marriage B.

Nevertheless, the Defendant rendered the instant disposition that rejected the Plaintiff’s application for simplified naturalization on the ground that the Plaintiff did not meet the requirement of “a good conduct” on the ground that the Plaintiff was interlocked with the female in Pakistan.

Therefore, the instant disposition is illegal due to misunderstanding of facts.

(b) as shown in the attached Form of the relevant statutes.

C. Article 4(1) of the Nationality Act provides that “A foreigner may acquire the nationality of the Republic of Korea by obtaining permission for naturalization from the Minister of Justice.” Article 4(2) provides that “The Minister of Justice shall, after examining whether a foreigner satisfies the requirements for naturalization, grant naturalization only to a person who meets the requirements.”

However, nationality is determined as a citizen, and the person who acquires it becomes a sovereign of the State at the same time as a sovereign of the State, so permission for naturalization constitutes an act of comprehensively establishing a legal status as a citizen by granting the nationality of the Republic of Korea to foreigners.

In addition, there is no provision that a foreigner granted the right to acquire the nationality of the Republic of Korea to anywhere such as the Nationality Act.

arrow