If a Korean national acquires the citizenship of the United States, the time of loss of nationality.

The United States has not established a nationality system as a citizen of that country, such as Australia and Canada, and has a citizenship system without having a nationality system. Since the citizenship of this country is almost identical to its nationality and its legal character and function, if a citizen of the Republic of Korea acquires a citizen's citizenship of the United States, it constitutes "a person who acquired a foreign nationality" under Article 12 (4) of the former Nationality Act (amended by Act No. 5431 of Dec. 13, 1997) and thus becomes "a person who acquired a foreign nationality" and "a person who acquired a foreign nationality" under Article 12 (5) of the former Nationality Act, it does not lose the nationality of the Republic of Korea and the United States.

Article 12 subparag. 4 of the former Nationality Act (amended by Act No. 5431 of Dec. 13, 1997) (see current Article 15(1))

Defendant

Defendant

Attorney Lee J-young

Seoul High Court Decision 96No859 delivered on July 7, 1999

The appeal is dismissed.

The grounds of appeal are examined.

1. On the first ground for appeal

According to the reasoning of the judgment below, the court below held that the United States as a citizen of the country, such as Australia and Canada, has the citizenship system without establishing the nationality system. Since the citizenship of the Republic of Korea is almost the same as that of the Republic of Korea, if a citizen of the Republic of Korea acquires the citizenship of the United States, he constitutes "the person who acquired the citizenship of the Republic of Korea" under Article 12 subparagraph 4 of the former Nationality Act (amended by Act No. 5431 of Dec. 13, 1997) and thus loses the nationality of the Republic of Korea, and it does not lose the nationality of the Republic of Korea only with the permission of the Minister of Justice in accordance with Article 12 subparagraph 5 of the former Nationality Act. Thus, the non-indicted, who acquired the citizenship of the Republic of Korea after moving the Republic of Korea to the United States under the nationality of the Republic of Korea, constitutes a foreigner who does not have the nationality of the Republic of Korea at the time of acquisition of the land in this case. In light of the related statutes and the records, the judgment below is not acceptable.

2. On the second ground for appeal

Upon examining the reasoning of the judgment below in light of the records, the court below determined that the acquisition of the land of this case by the defendant for the last resort to the foreigner, who is the non-indicted 1, and not for the non-indicted 1, who has the nationality of the Republic of Korea, is justified in finding that the defendant acquired the land prohibited to be acquired by the foreigner with the funds of the foreigner for the foreigner, and maintained the first instance court's measures against the foreigner as it is, and there is no violation of the rules of evidence or misapprehension of the legal principles as pointed out in the grounds for appeal. The grounds for

3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Yong-woo (Presiding Justice)