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(영문) 서울행정법원 2014.05.23 2014구합4412
귀화허가신청불허가처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On October 16, 200, the Plaintiff paid money to Brazil as a national of the People's Republic of China, and entered the Republic of Korea on October 16, 200 using a passport in the name of another person B (C).

B. On April 24, 2002, the Plaintiff filed a voluntary report on illegal aliens with the Seoul Immigration Office, and received a departure order under Article 68(1)1 of the former Immigration Control Act (amended by Act No. 6745 of Dec. 5, 2002), but did not comply therewith, and was illegally staying for September 21, 200 through March 8, 2010.

C. On September 2, 2009, the Plaintiff reported a marriage with D who is a national of the Republic of Korea. On March 9, 2010, the Plaintiff left the Republic of Korea upon receipt of a deportation order on the ground of an illegal stay.

On May 11, 2010, the Plaintiff concealed the fact of forced departure under the name of B, and entered the Republic of Korea again with a passport and visa issued under the name of the Plaintiff himself/herself in his/her name as the spouse of the citizen, and after having given birth of two children, applied for simplified naturalization to the Defendant. However, on December 16, 2013, the Defendant rendered a disposition of refusing return permission pursuant to Article 6 (2) 1 of the Nationality Act on the ground that he/she had the career of exercising the altered passport.

(hereinafter referred to as the "disposition of this case"). . [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 9 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. The plaintiff alleged that he had entered the Republic of Korea with a passport issued under the name of another 14 years prior to his entry, but he reported the fact of his illegal stay to the defendant and corrected the fact of his departure.

In addition, the plaintiff reported the marriage on September 2, 2009 with D who is a national of the Republic of Korea, and maintained a normal matrimonial relationship with two children and live in good faith.

Therefore, the disposition of this case is unlawful as it does not have any grounds for disposition (e.g., conduct) or deviates from or abused discretion.

3. Attached Form of the relevant legislation.

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