logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.12.18 2015누49124
귀화불허결정취소
Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. On June 18, 2013, the Plaintiff filed an application for permission of general naturalization with the Defendant, but the Defendant rejected the Plaintiff’s application on the grounds that the conduct was not good on September 26, 2014.

[Ground of recognition] Unsatisfy, Gap 14

2. The legality of disposition.

A. The defendant's disposition of the plaintiff's assertion is illegal because there is no ground for disposition or abuse of discretionary power.

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

C. (i) Nationality is determined as a citizen, and the person acquiring it becomes a sovereign of the State at the same time as a sovereign of the State, and is subject to the sovereignty of the State, and 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

On the other hand, no provision exists to deem that a foreigner granted the right to acquire the nationality of the Republic of Korea to anywhere such as the Nationality Act.

In light of the form and language of the provision on the basis of permission of naturalization, and the contents and characteristics of permission of naturalization, it is reasonable to view that the defendant has discretion on whether to allow naturalization even if an applicant for naturalization satisfies the naturalization requirements prescribed by law.

(see Supreme Court Decision 2009Du19069, Jul. 15, 2010). In Shell case, the Plaintiff was exempted from punishment in the course of legalization of illegal aliens, while the Plaintiff was illegally staying in the Republic of Korea from July 3, 2001 to September 7, 2003.

In addition, on September 29, 2009, the Plaintiff was sentenced to suspension of indictment on the grounds that the Plaintiff was guilty of violating the Automobile Management Act by illegally using the automobile number plate, and that the case was minor.

(B) B-3) In full view of these circumstances, the Plaintiff may be deemed to have the reason for the disposition of good and good behavior. ① On March 25, 2001, the Plaintiff entered the Republic of Korea on March 25, 2001, and registered the business as B and operated the trading company without any default of value-added tax, income tax, etc.

arrow