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(영문) 서울행정법원 2014.08.21 2014구합53179
귀화허가신청 반려처분 취소청구의 소
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 April 29, 2005, the Plaintiff, who was a national of the People's Republic of China (hereinafter referred to as "China"), entered Korea on September 15, 2005 with B, who was a national of the Republic of Korea (hereinafter referred to as "Korea"), and is staying until now.

B. On January 17, 2012, the Plaintiff filed an application for naturalization with the Defendant, but the Defendant rejected the application on December 19, 2013 on the ground of “unfitness of conduct.”

(hereinafter “Disposition in this case”). [Grounds for recognition] The fact that there is no dispute, entry of Gap’s evidence Nos. 1 through 3, the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion has committed a violation of the Immigration Control Act, but the plaintiff was merely a minor violation and did not engage in any other criminal act.

In addition, while the Plaintiff actually maintained a marital life with B, the marital relationship was broken down due to frequent drinking and assault by B, and only divorced from B, and is not a marriage with B for sojourn or naturalization.

In light of the above circumstances, the Plaintiff’s disposition of this case in this case is an error of law that deviates from and abused discretion, since it satisfies the requirements of “proving good conduct” under Article 5 subparag. 3 of the Nationality Act.

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

C. The plaintiff was exempted from punishment by filing a voluntary report on September 10, 200 while entering Korea on June 3, 200 as Chinese nationality, and was receiving training on June 3, 200 as the status of industrial training (D-3). The plaintiff was notified that the plaintiff should extend the period of stay before the expiration of the period of stay (E-9) while he was granted the status of stay for non-professional employment (E-9) from the defendant on October 30, 2003, while he was staying in Korea, he did not pay a penalty of KRW 10,000,000 as a violation of the Immigration Control Act on April 8, 2004.

Afterward, the plaintiff left the Republic of Korea on June 23, 2004, and on July 21, 2004, non-professional employment (E-9).

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