국적선택명령신청수리거부처분취소청구
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The plaintiff was born between the father C and her mother who is a Korean national holder in Indiana Lease B-U.S. and acquired Korean nationality and U.S. citizenship at the same time.
The Plaintiff was assigned to the first citizen service on January 1, 2013, who reached the age of 18 pursuant to Article 8(1) of the Military Service Act, and was assigned to the first citizen service on January 1, 2013, and has to choose one nationality among the nationality of the Republic of Korea and that of the United States in accordance with Article 12(2) of the Nationality Act, but the said period has passed without choosing one nationality.
On October 2013, the Plaintiff applied to the Defendant for an order to choose nationality for the Plaintiff.
On October 22, 2013, the Defendant: (a) issued an order to choose the nationality to the Plaintiff on October 22, 2013; (b) intended to enforce the selection of the nationality to the persons who did not pass the selection within the period of choosing the nationality under Article 12(2) of the Nationality Act; and (c) was transferred to the first citizen service pursuant to the Military Service Act within three months thereafter; (d) a person who was transferred to the first citizen service pursuant to the Military Service Act may choose the nationality within two years after resolving the military service; and (e) a person who did not pass the selection within the period of choosing the nationality refers to the period after the lapse of all the above periods; and (e) refused to accept an application for an order to choose the nationality
(2) Article 12(2) of the Nationality Act provides that the same person with multiple nationalities as the Plaintiff guarantees an opportunity to choose the nationality of a person with multiple nationalities, which is the Plaintiff’s assertion of the overall purport of the pleadings and entries in the evidence Nos. 1 through 5.
① However, it would be reasonably expected that a congenital multiple nationality holder living in a foreign country, such as the Plaintiff, has a duty to choose nationality under the Nationality Act of the Republic of Korea and its period.