1. The Defendant’s rejection of the decision on January 5, 2016, such as extension of sojourn period, made against the Plaintiff, shall be revoked.

2. The costs of lawsuit shall be.

Details of the disposition

On January 26, 2010, the Plaintiff was adopted to B (U.S. name: C) who is an overseas Korean of the U.S. nationality, and resided in the Republic of Korea under an agreement with the U.S. on June 18, 2012 after acquiring the U.S. citizenship.

On December 23, 2015, the Plaintiff filed an application with the Defendant for the change of the status of stay to the status of stay for overseas Koreans (F-4). On January 5, 2016, the Defendant rendered a decision to deny the Plaintiff’s application on the ground that the purpose of evading military service is doubtful in the process of acquiring the right of citizens of the United States (hereinafter “instant disposition”).

[Ground of recognition] The plaintiff's assertion as to whether the disposition of Gap's Gap's Nos. 1, 2, 4 and Eul's Nos. 2 and 3 (including various numbers), and the purport of the whole pleadings is legitimate or not, is not a loss of Korean nationality, but a change of nationality has been made naturally before he becomes a person to be enlisted in the naturalization process in accordance with the nationality of the adoptive parent and adopted to the adoptive parent.

Therefore, the Plaintiff’s Act on the Immigration and Legal Status of Overseas Koreans (hereinafter “Overseas Koreans Act”).

The Defendant’s disposition that denied the Plaintiff’s application on the ground that it does not constitute grounds for restricting the qualification of overseas Koreans under Article 5(2)2 of the Act is unlawful.

It is as shown in the attached Form of relevant statutes.

Facts of recognition

The Plaintiff was born between D’s father E and mother, who is a national of the Republic of Korea, and resided in Busan from March 2002 to February 3, 2010.

E, after a divorce between F on March 4, 2002 and F on March 4, 2002, the Plaintiff and the Plaintiff’s female-born G (H) were raised by the mixed in Busan, but the economic difficulties arising from excessive loans led to the situation in which the Plaintiff and G cannot be raised any longer.

Then, in around 2010, E is composed of the Plaintiff and G with the father B and father of the U.S. nationality who works as US civilian military employees in the Republic of Korea.