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| TITLE | Supreme Court Decision 2016Du31616 Decided December 13, 2018 【Revocation of Disposition of Non-Permission of Application for Permission of Naturalization】 [full Text] |
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| Summary | |
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[1] In a case where the competent administrative office rejected the application for naturalization on the ground that the applicant failed to satisfy some of the requirements stipulated in each of the subparagraphs under Article 5 of the former Nationality Act, whether “the determination that the applicant fails to satisfy some of the requirements under each subparagraph” itself constitutes a ground for disposition (affirmative) [2] In the case where: (a) Noncitizen A filed an application for naturalization to the Minister of Justice; (b) the Justice Minister reviewed and rejected the application on the ground of the applicant’s “failure to demonstrate good conduct,” thereby failing to satisfy the requirements under the Nationality Act; (c) as to the reason for determining that the applicant “failed to demonstrate good conduct,” the Justice Ministry argued in the first instance that it took account of the fact that the applicant had violated the Automobile Management Act, which nonetheless did not lead to prosecution; (d) in the lower court, the Ministry of Justice claimed that it also considered an additional circumstance which suggested that the applicant had a history of illegal stay, the case holding that the circumstance additionally raised by the Minister of Justice pertaining to the applicant’s record of illegal stay is simply either a basic fact or an element of assessment that serves as the basis for the grounds of the pertinent disposition, and thus, the Minister of Justice may use it as an additional argument [3] In a case where an applicant for naturalization falls short of the naturalization requirements stipulated in each of the subparagraphs under Article 5 of the former Nationality Act (amended by the Act No. 15249, Dec. 19, 2017), whether there is no recourse for the Minister of Justice to exercise administrative discretion, and whether the Minister must reject the application for naturalization (affirmative) |
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