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(영문) 서울행정법원 2016.06.24 2016구합54718
국적신청불허가처분취소
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 April 18, 1996, the Plaintiff entered the Republic of Korea as a foreigner of Indian nationality as a short-term comprehensive (C-3, 7 days of sojourn) and stayed illegally in the Republic of Korea without departure after the expiration of the period of sojourn.

B. On October 23, 2008, the Plaintiff reported a marriage with the nationality B of the Republic of Korea on December 18, 2008, and entered the Republic of Korea on May 15, 2010 as a short-term comprehensive (C-3, the period of stay 30 days). On July 27, 2010, the Plaintiff was staying in the Republic of Korea by changing the status of stay to the spouse (F-2) of the citizen.

C. On May 13, 2013, the Plaintiff applied for simplified naturalization pursuant to Article 6(2) of the Nationality Act as a foreigner whose spouse is a national of the Republic of Korea. However, on November 23, 2015, the Defendant rendered a decision to deny the Plaintiff’s application for naturalization on the ground that the Plaintiff did not meet the requirements under the Nationality Act due to the grounds for denying “abscam and an illegal stay career.”

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, entry of Gap evidence Nos. 1 and 2, and purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff had a domicile in the Republic of Korea for a certain period of time in the state of marriage with his spouse who is a national of the Republic of Korea, and thus, the Plaintiff met the requirements for simplified naturalization under Article 6(2) of the Nationality Act, as well as the requirements under Article 5(2) through (5) of the Nationality Act, and lived in the Republic of Korea without any particular criminal act for a considerable long time.

Nevertheless, the defendant did not permit naturalization for the reason that the plaintiff's illegal stay experience in the past is not clear by making it a problem, and thus, the disposition of this case is illegal as it is an abuse of discretion.

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

(c) Determination 1 Article 6(2)1 and 2 of the Nationality Act is a national of the Republic of Korea.

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