1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The plaintiff's assertion

A. On April 22, 2011, the Defendant notified the Plaintiff that he rejected the Plaintiff’s “in the second citizen service of the grounds for naturalization” (hereinafter “instant notification”), which is, as a matter of fact, enlistment in active duty service against the Plaintiff.

B. However, the plaintiff is a grandchild of the person of distinguished services to the national independence who falls under Article 7 (1) 2 of the Nationality Act and subparagraph 1 (a) of Article 6 of the Enforcement Decree of the same Act, and where the plaintiff obtains permission for special naturalization, the plaintiff is entitled to the special naturalization under Article 65 (1) 3 of the current Military Service Act / [Article 65 (1) 3 of the Military Service Act] (1) active duty servicemen (including those in active duty service and those in active duty service pursuant to Articles 21 and 25) (including those in active duty service and those subject to enlistment in onboard ship reserve service), onboard ship reserve service, or supplemental service, and may be assigned to supplemental service, to the wartime labor service, or exempted from military service, after a physical examination,

3. Persons deemed unfit for military service due to naturalization pursuant to the Nationality Act and other reasons prescribed by Presidential Decree may be transferred to the wartime labor service or the wartime labor service according to their supplemental service.

C. Nevertheless, the Defendant’s notification of this case by deeming the Plaintiff as being not a person subject to special naturalization is a disposition contrary to objective facts and is thus null and void as it is so serious that the defect is serious.

2. Examining the determination on the legitimacy of the instant lawsuit, and considering the overall purport of the pleadings in the statement No. 5, the Defendant’s statement on April 22, 2011 as to the Plaintiff’s “Special Naturalization” refers to a person who acquired Korean nationality by obtaining permission for naturalization from the Minister of Justice as an alien who did not have acquired Korean nationality, and constitutes a national of the Republic of Korea, and the Plaintiff constitutes a person who did not have a foreign nationality, and thus, constitutes a national of the Republic of Korea, the second citizen service of the Defendant was filed on April 12,