1. The defendant revoked the disposition of denying the recovery of nationality against the plaintiff on December 15, 2015.

2. The costs of the lawsuit are assessed against the defendant.

1. Details of the disposition;

A. The Plaintiff, born in the Republic of Korea and owned the Republic of Korea nationality, acquired the Republic of Korea nationality on August 14, 2014, and accordingly lost the Republic of Korea nationality.

B. On April 14, 2015, immediately after the Plaintiff reached the age of 65, the Plaintiff filed an application for permission to recover the nationality. On December 15, 2015, the Defendant rendered a disposition to deny the reinstatement of nationality on the ground that the Plaintiff had a criminal history, good conduct, or other reasons for refusing the reinstatement of nationality (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 3, and 14, the purport of the whole pleadings

2. To make entries in the attached statutes concerned;

3. Whether the instant disposition is lawful

A. When determining whether the Plaintiff’s assertion constitutes “a person whose conduct was not good” under Article 9(2)2 of the Nationality Act, the relationship of criminal record should be limited to the period during which the Plaintiff loses Korean nationality.

Even if the Plaintiff considered a criminal record relationship at the time of holding the nationality of the Republic of Korea, it cannot be said that the Plaintiff appears to have any character and behavior that may hinder the Plaintiff from becoming members of our society, and thus, the instant disposition was unlawful as it was an abuse of discretion.

B. Article 9(1) of the Nationality Act provides that “A foreigner who was a national of the Republic of Korea may obtain Korean nationality after obtaining permission for restoring nationality from the Minister of Justice.”

In addition, Article 2 (2) of the same Act provides that "the Minister of Justice shall not permit the reinstatement of nationality to any of the following persons after examining an application for permission for recovery of nationality." subparagraph 1 of the same Article provides that "a person who has inflicted harm on the State or society," subparagraph 2 of the same Article, "a person who has lost or deserted the nationality of the Republic of Korea for the purpose of evading the military service," subparagraph 3 of the same Article, and subparagraph 4 of the same Article provides that "a person who has lost