Seoul, Dec 21– A South Korean court has upheld the Justice Ministry’s decision to deny naturalization to a foreign national because of his past criminal record, dismissing the applicant’s legal challenge and reaffirming strict citizenship requirements.
Legal Fight Over Naturalisation Rejected
The Seoul Administrative Court on Sunday rejected a lawsuit brought by a foreign national seeking to overturn the ministry’s refusal to grant him South Korean citizenship. The applicant, who had married a South Korean citizen but later divorced, had applied for a passport through the naturalization process but was denied by the Ministry of Justice.
Authorities cited his criminal past, including involvement in aggravated theft as a juvenile and being fined for driving without a license, to conclude that he did not meet the legal requirement of “good conduct” under South Korea’s Nationality Act. In rejecting the lawsuit, the court agreed that the offences were not minor and took into account the cumulative history when assessing his suitability for citizenship.
What the Court Said
According to the court, the Justice Ministry’s decision was not excessive or unfair because the applicant still retains the right to remain in South Korea under his current visa status. He holds an F-6 marriage migrant visa, which allows him to live in the country but does not confer citizenship. The ruling also noted that he may reapply for naturalization in the future if he is able to demonstrate rehabilitated conduct that meets statutory standards.
The verdict highlights the importance that South Korean law places on good moral character as a core requirement for citizenship, particularly where a criminal record is involved.