209Guhap5473 The revocation of revocation of application for acquisition of nationality

○ ○

The Minister of Justice

April 28, 2009

May 28, 2009

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

The defendant's rejection of an application for naturalization made against the plaintiff on November 17, 2008 shall be revoked.

1. Details of the disposition;

The following facts shall not be disputed between the parties, or may be acknowledged by adding up the whole purport of the pleadings to each entry in Gap evidence 1 through 4:

A. The plaintiff is a Korean national of the People's Republic of China (hereinafter referred to as "China") who is a Korean national of the People's Republic of China (hereinafter referred to as "China"), and filed a marriage report with Kim ○ who is a national of the Republic of Korea on September 25, 2003, and entered the Republic of Korea on January 9, 2004 (after that, Kim ○ died on August 23, 2007).

B. On February 16, 2006, the plaintiff applied for naturalization between the defendant under Article 6 (2) of the Nationality Act (hereinafter referred to as the "Act"), but the defendant applied for naturalization on November 17, 2008, which is a requirement for naturalization under the law of the plaintiff on November 17, 2008.

The above application was rejected on the ground that it is not a good person (hereinafter referred to as the "disposition of this case").

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

Although the Plaintiff was subject to criminal punishment of a fine of KRW 10 million due to the violation of the Foreign Exchange Transactions Act, the Plaintiff had resided in the Republic of Korea for 10 years prior to the crime, and had lived faithfully without any criminal punishment. However, considering the circumstances where, due to difficult family circumstances, even living expenses may be deemed to be a severe crime and led to the above crime, there is no express provision that the Defendant cannot acquire Korean nationality, but the instant disposition against the Plaintiff based only on the above criminal record requirement is excessively broad interpretation of the requirement that “the instant disposition against the Plaintiff is to be readily concluded” during the marriage requirements, and thus, is unlawful.

(b) Related statutes;

It is as shown in the attached Table related Acts and subordinate statutes.

(c) Determination.

(1) Naturalization is a system that recognizes an individual who does not belong to the original state as a new member of the community and grants nationality to such individual. Since permission entails a high-level policy decision that limits the scope of sovereign rights against the State and the scope of territorial sovereign rights against the State, the defendant, who is the authority to permit your composition, shall have broad discretion in determining whether the requirements for naturalization are met.

(2) Article 5 of the Act provides for the requirements under subparagraphs 1 through 5, such as "where a person has a domicile in the Republic of Korea for at least five consecutive years as a general naturalization requirement" (Article 6 (2) of the Act provides that a foreigner who is a national of the Republic of Korea may obtain permission for naturalization even if he/she has no domicile in the Republic of Korea for at least five consecutive years as provided under subparagraph 1 of Article 5 of the Act, if he/she satisfies certain requirements. Thus, as long as Article 6 of the Act that provides for the requirements for simplified naturalization does not specifically exclude Article 5 of the Act, he/she shall meet the requirements under subparagraphs 2 through 5 in order to obtain permission for simplified naturalization for at least five consecutive years among the requirements under Article 5 of the Act, except subparagraph 1, which must have a domicile in the Republic of Korea continuously.

Meanwhile, in this case, the defendant deemed that the conduct under Article 5 subparagraph 3 of the Act was not good due to the plaintiff's criminal records, and thus, the disposition of this case was made. The meaning of "Article 5 subparagraph 3 of the Act" means that the plaintiff's character and behavior can not be impeded from becoming members of our society in light of various circumstances, such as gender, age, occupation, family, career, and criminal record. Considering that Gap evidence 6 and 7, and Eul evidence 1 were written and arguments, the plaintiff did not register with the Minister of Finance and Economy, and the plaintiff did not collect money from the persons wishing to transfer money to China, and the non-party did not raise money from the above 00 million won to the above foreign exchange court, and it can be viewed that the plaintiff violated the above foreign exchange law by collecting money from 00 billion won to 700 million won, and the defendant can be deemed to have violated the foreign exchange law.

Meanwhile, the Plaintiff may apply for naturalization again to the Defendant without any restriction on frequency, timing, etc., so it is possible for the Plaintiff to apply for naturalization again after proving that his behavior was good by failing to cause any other problem for a considerable period of time after the crime was committed, and there is no evidence to recognize that the Plaintiff would immediately lead to economic life or have suffered damage, such as repatriation to China, etc. due to the instant disposition, even if considering all of the circumstances in which the Plaintiff is extremely high-priced, the Defendant may not be deemed to have abused and abused discretionary power in rendering the instant disposition.

Therefore, the instant disposition is lawful.

3. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is decided as per Disposition.

Judges in fixed form of judge

Judges E.S.

High-ranking Judge No. Do;

Related Acts and subordinate statutes

Nationality Act

Article 5 (Requirements for General Naturalization)

A foreigner shall meet the following requirements in order to obtain permission for naturalization, except in cases falling under Article 6 or 7:

1. That he/she has an address in the Republic of Korea for at least five consecutive years;

2. The person shall have attained majority under the Civil Act of the Republic of Korea;

3. Persons whose conduct is good;

4. He/she shall be capable of maintaining his/her livelihood with his/her own assets (property) or functions, or dependent on any family member who lives together with him/her;

5. He/she shall have basic knowledge as a national of the Republic of Korea, such as Korean language ability and understanding about Korean custom.

Article 6 (Requirements for Simple Naturalization)

(2) A foreigner whose spouse is a national of the Republic of Korea and falls under any of the following subparagraphs may obtain permission for naturalization without meeting the requirements under subparagraph 1 of Article 5:

1. A person who has been married to his spouse for at least two consecutive years in the Republic of Korea;

2. A person who has been unable to continue the normal marriage due to the death or disappearance of his/her spouse or other causes not attributable to himself/herself while he/she was married with the said spouse while he/she had been unable to continue the marriage under subparagraph 1 or 2 for at least one consecutive year in the Republic of Korea while he/she had been married with the said spouse for at least three years, and has been unable to continue the marriage under subparagraph 1 or 2 for at least one year in the state of marriage;

4. A person who fails to meet the requirements under subparagraph 1 or 2, but is taking care of, or is to take care of, a minor born by the marriage with the said spouse, and has met the requirements under subparagraph 1 or 2, and is deemed reasonable by the Minister of Justice.

Enforcement Decree of the Nationality Act

Article 3 (Application for Permission of naturalization)

A person who intends to obtain permission of naturalization under Article 4 (1) of the Act shall prepare an application for permission of naturalization prescribed by Ordinance of the Ministry of Justice and submit it to the Minister of Justice.

Article 4 (Examination of Applications for Permission of naturalization)

(1) When the Minister of Justice examines the naturalization requirements for an applicant for permission for naturalization under Article 4 (2) of the Act, he/she may request the head of a related agency to investigate the applicant's personal background, criminal records, and current status during his/her stay, or seek an opinion on other necessary matters.

(2) The Minister of Justice shall confirm whether an applicant for permission of naturalization maintains a normal matrimonial relationship with his/her spouse, who falls under any subparagraph of Article 6 (2) of the Act, in an appropriate manner, such as submission of evidential documents prescribed by the Ordinance of the Ministry of Justice, or verification

(3) The Minister of Justice shall conduct an examination on whether a person who meets the requirements for naturalization (excluding the requirements under subparagraphs 3 and 5 of Article 5 of the Act) is qualified to meet the requirements under subparagraphs 3 and 5 of Article 5 of the Act as a result of the inquiry, investigation, and confirmation under paragraphs (1) and (2) (hereinafter referred to as " Naturalization eligibility examination").

Article 5 (Permission for naturalization)

(1) The Minister of Justice shall permit naturalization only to a person determined as an eligible person as a result of a naturalization eligibility test.

(2) When the Minister of Justice permits naturalization, he/she shall immediately notify the relevant person of such fact and announce it in the Official Gazette.