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

The purport of the claim and appeal is the purport of the appeal.

A. On September 14, 2003, the Plaintiff was born in the U.S. and returned to the Republic of Korea for three months after the birth. At the same time, the Plaintiff acquired the U.S. nationality as the place of birth in the U.S. and his parents were Korean nationals.

B. On August 2009, the Plaintiff: (a) was admitted to the Busan Teaching School, a foreigners’ school, and completed the kindergarten course; (b) started the first-year course on August 23, 2010 when transferred to the Defendant’s school; and (c) was attending the Defendant’s school as of May.

C. The Defendant did not have legal qualifications for admission since the total period of time that the Plaintiff resided in a foreign country from the Busan Metropolitan Office of Education at the time of transfer to the Defendant’s school does not reach three years. Accordingly, upon receiving a corrective order that the Plaintiff withdraws the measure of expulsion from school by the end of August 2013, the Defendant decided to attend the Defendant’s school by the end of August 23, 2013, and notified the Plaintiff thereof (hereinafter “instant disposition”).

On the other hand, the main contents of the Nationality Act, the Elementary and Secondary Education Act, the Regulations on the Establishment and Operation of Foreigners' Schools and Kindergartens (Presidential Decree No. 21308, Presidential Decree No. 21308, hereinafter "the instant provisions") related to the instant case, and the

Article 12 of the former Nationality Act (amended by Act No. 10275, May 4, 2010; hereinafter “former Nationality Act”) (1) A person who has both the nationality of the Republic of Korea and that of a foreign country before birth or reaching 20 years of age pursuant to this Act (hereinafter “foreign national”) shall select one nationality before fully turning 22 years of age, and a person who has become a dual national after fully turning 20 years of age shall select one nationality pursuant to Articles 13 and 14 within two years from that time.

A person transferred to the first citizen service pursuant to Article 8 of the Military Service Act shall choose one nationality within three months from the time of enlistment, or within two years from the time of falling under any subparagraph of paragraph (3).