1. Revocation of the first instance judgment.

2. On October 19, 2018, the Defendant’s disposition of denial of recovery of nationality against the Plaintiff.

1. The reasoning for the court’s explanation on this part is that the relevant part of the judgment of the court of first instance (from No. 2, No. 3 to No. 12) is the same, except for the case where “spouse (F-2)” as “spouse (F-61)” under Section 6 of the judgment of the court of first instance is referred to as “Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act. Thus, the reasoning for the court’s explanation on this part is as follows.

2. Whether the instant disposition is lawful

A. The reasoning of the judgment by the court on this part of the Plaintiff’s assertion is the same as that of the judgment of the court of first instance (from No. 2, No. 15 to No. 3, No. 4 of the judgment of the court of first instance). Thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

(b) Article 9 of the Nationality Act (Acquisition of Nationality through Recovery of Nationality) (1) 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;

(2) In receipt of an application for permission to recover nationality, the Minister of Justice shall not permit the reinstatement of nationality to any of the following persons after examining the application:

3. The former Nationality Act (wholly amended by Act No. 5431, Dec. 13, 1997) amended by Act No. 5431, Dec. 13, 1997 provides for a person who has lost or deserted the nationality of the Republic of Korea with a view to evading military service as follows.

Article 12 (Obligation to Nationality of Persons with Dual Nationality) (1) Any person who has concurrently held the nationality of the Republic of Korea and that of a foreign country before fully turning 20 years of age under birth or other provisions of this Act (hereinafter referred to as "dual national") shall select one nationality before fully turning 22 years of age, and any person who became a dual national after fully turning 20 years of age shall select one nationality under the provisions of Articles 13 and 14 within 2 years after fully turning 20 years of age.

Any person who falls under any such cause as prescribed by the Presidential Decree in connection with military service.