Litigation costs shall be borne by the plaintiff.

A. The plaintiff is a multiple national who has acquired the nationality of the Republic of Korea in accordance with Article 7 (1) 1 of the Addenda to the Nationality Act (Act No. 5431, May 28, 2003; Act No. 5431, Dec. 13, 1997; Act No. 5495, Dec. 13, 1997;

B. On September 3, 2012, the Plaintiff was assigned to military service as a person subject to enlistment in active duty service, and on August 21, 2017, the Plaintiff was assigned to military service as a person subject to enlistment in active duty service after having been assigned to military service after having been assigned to military service as a person subject to enlistment in active duty service.

(c)

On November 11, 2019, the Plaintiff filed an application with the Defendant for enlistment into the wartime labor service pursuant to Article 65(1)3 of the Military Service Act. However, on November 12, 2019, the Defendant rejected the said application (hereinafter “instant disposition”) on the ground that “The Plaintiff is a person of nationality under the special provisions on the mother industry, and thus, is subject to the change of assignment of military service under Article 136(1)2(f) of the Enforcement Decree of the former Military Service Act (amended by Presidential Decree No. 30323, Jan. 7, 2020) (hereinafter “instant provision”).

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 7, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s instant disposition should be revoked on the following grounds.

1) The acquisition of nationality under the special provisions of the mother system constitutes grounds for lack of military service in essence identical to the special naturalization under Article 7 of the Nationality Act. The instant provisions, which are the grounds for the instant disposition, are unconstitutional provisions against the principle of equality under the Constitution by discriminating against the person acquiring nationality under the special provisions of the mother system without reasonable grounds, in setting the scope of the subject matter of change of military service disposition.

2) The Plaintiff is the representative of the country of Taiwan.