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(영문) 서울행정법원 2015.01.15 2014구합69921
귀화불허결정처분 취소
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. The plaintiff was a foreigner of the nationality of the People's Republic of China (hereinafter "China") and entered the Republic of Korea with a passport issued on July 3, 2000.

After that, the Plaintiff married with C who is a national of the Republic of Korea on June 30, 2008 while engaging in illegal stay.

B. The Plaintiff voluntarily left China on July 11, 2009, and entered the Republic of Korea with a visa issued on July 12, 2009 as a spouse qualification of the citizen.

On February 9, 2011, the Plaintiff filed a report on the change of his/her place of stay on April 25, 201, although his/her place of stay was changed to “Sasan-si D”.

C. The Plaintiff applied for permission of naturalization to the Defendant under Article 6(2)1 of the Nationality Act, but the Defendant rendered a decision on June 9, 2014 that rejected the Plaintiff’s application for permission of naturalization on the ground of “the experience of performing good behavior or exercising a forged or altered passport.”

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence 1 through 5, Eul evidence 1 through 3, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) According to Articles 5 and 6 of the Nationality Act, with respect to a person who has resided in the Republic of Korea for not less than two years in a state of marriage with a national of the Republic of Korea, a decision of denial of naturalization is not possible. Accordingly, the instant disposition is in violation of the above provisions. (2) The Plaintiff entered the Republic of Korea with a passport in the name of another person for the purpose of punishing money, but there is no penalty for such act, and the Plaintiff voluntarily left the Republic of Korea to maintain the marriage life with C after entering the Republic of Korea, and entered the Republic of Korea with a passport in the name of the Plaintiff in order to maintain the marriage life with C, and the Plaintiff’s husband, who is the husband, is under medical treatment with brain color and liver cancer, and the Plaintiff is making it difficult for the Plaintiff to receive medical treatment with his/her her her her

(b) relevant legislation;

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