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(영문) 서울행정법원 2015.12.04 2015구합66615
국적취득(귀화) 불허가처분 취소청구
Text

1. The Defendant’s rejection of naturalization against the Plaintiff on April 20, 2015 is revoked.

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

Reasons

1. Details of the disposition;

A. On February 21, 2008, the Plaintiff filed a marriage report with B, who is a national of the Republic of Korea (hereinafter “Korea”) on February 21, 2008, and had entered Korea on October 13, 2008 and stayed in Korea as a spouse (F-6) of a national.

B. On May 3, 2013, the Plaintiff filed an application for simplified naturalization pursuant to Article 6(2)1 of the Nationality Act with the Defendant. However, on April 20, 2015, the Defendant rendered a disposition denying the Plaintiff’s application on the ground that “the lack of normal marital life requirements” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff and the plaintiff alleged economic reasons that the plaintiff et al. did not live in a single house as the plaintiff et al. did work in a two-end factory of Dobong-gu Seoul Metropolitan Government, and lived as a husband and wife at each weekend, and they have the substance of a family, such as adoption of the plaintiff's children by full adoption. Thus, the disposition of this case on the ground of lack of normal marital life is unlawful.

3. Attached statements to the relevant Acts and subordinate statutes;

4. Determination

A. Article 4(1) of the Nationality Act provides that "A foreigner may acquire the nationality of the Republic of Korea by obtaining permission for naturalization from the Minister of Justice." Article 4(2) provides that "The Minister of Justice shall allow naturalization only to a person who satisfies the requirements after examining whether the person satisfies the requirements for naturalization."

In addition, Article 6 (2) 1 through 3 of the Nationality Act provides that a foreigner who is a national of the Republic of Korea and has a domicile in the Republic of Korea for at least two consecutive years in the state of being married to his/her spouse (Article 6 (2) 1 through 3 of the Nationality Act). A foreigner who has been married to his/her spouse for at least three years and has been married for at least one year and has no domicile in the Republic of Korea for at least one year, but has been married to his/her spouse.

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