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| TITLE | Supreme Court Decision 2010Du6496 Decided October 28, 2010[Revocation of Disposition of Non-permission of Application for Permission for Naturalization] [full Text] |
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| Summary | |
| [1] Whether the period for determining whether an applicant for naturalization satisfies a domestic domicile requirement can be calculated differently depending on the foreigner's sojourn status under Article 12 of the Enforcement Decree of the Immigration Control Act (negative) [2] Whether the Minister of Justice has discretion to permit or reject naturalization to an applicant who satisfies the naturalization requirements (affirmative) [3] The judgment below committed an error of insufficient deliberation in the misapprehension of the legal principle as to the legal nature of permission for naturalization in its holding that the disposition of non-permission of naturalization is unlawful since sojourn status or other sojourn status alone could satisfy a domestic domicile requirement of simplified naturalization, where the Minister of Justice rendered a disposition of non-permission on the ground that a naturalization application using a visitor employment sojourn status or other sojourn status does not satisfy a simplified naturalization requirement as to an application for simplified naturalization by a foreigner who sustained a domicile for 3 years consecutively in Republic of Korea with sojourn status of visiting and cohabitation (F-1-4) and a person with a special employment permission (E-19), visitor employment (H-2) sojourn status, and other (G-1) sojourn status | |
