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(영문) 대법원 2018.12.13 2016두31616
귀화불허결정취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. As to the assertion of misapprehension of the legal principle as to the additional modification of disposition grounds

A. Article 5 of the former Nationality Act (amended by Act No. 15249, Dec. 19, 2017; hereinafter the same) provides that “where there has been a domicile in the Republic of Korea for at least five consecutive years” as the requirements for naturalization (Article 1); “I shall be an adult under the Civil Act of the Republic of Korea” (Article 2); “I shall be determined by good conduct” (Article 3); “I shall be able to maintain a livelihood based on a person’s asset (property) or skill or family who lives or lives together with him/her (Article 4); and “I shall have basic knowledge as a national of the Republic of Korea, such as Korean language ability and understanding of Korean custom (Article 5).”

Naturalization requirements are classified by item as above and specified specifically.

In addition, the Administrative Procedures Act does not apply to cases where it is deemed difficult or unnecessary to complete administrative procedures due to their nature, and that the presentation of reasons for disposition is not necessary (Article 3(2)9). Considering such special characteristics of naturalization, where an administrative agency rejected an application for naturalization on the ground that the applicant fails to meet some of the grounds under each subparagraph of Article 5 of the former Nationality Act, which is the requirement for naturalization, it is reasonable to deem that “the determination that the applicant fails to satisfy some of the grounds under each subparagraph thereof

B. Comprehensively taking account of the reasoning of the lower judgment and the evidence duly admitted by the lower court, the following circumstances are revealed.

(1) On June 18, 2013, the Plaintiff filed an application for naturalization with the Defendant, and the Defendant, following a review, issued a disposition not to accept the application against the Plaintiff (hereinafter “instant disposition”). The written disposition is written as follows: “The decision was rejected due to failure to meet the requirements under the Nationality Act (Articles 5 through 8)”; and the grounds for refusal are written as “non-permission of good conduct.”

(2) At the time of the instant disposition, the Defendant committed the Plaintiff’s act.

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