Foreign National Denied Naturalization Due to Neighbor-Biting Dog... Administrative Appeals Commission Rules "Denial Justified"

An administrative adjudication result upheld the Ministry of Justice's decision to deny naturalization to a foreigner who was fined for injuring a neighbor by biting them with their pet dog.

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According to Yonhap News and others on the 3rd, the Central Administrative Adjudication Committee under the Anti-Corruption and Civil Rights Commission recently dismissed the administrative adjudication request regarding the denial of naturalization approval for foreigner A, who caused harm to another person due to negligent pet management.

A, who entered Korea in 2009, lived with a Korean spouse and one child under a permanent resident visa (F-5) and applied for naturalization approval from the Ministry of Justice. However, the Ministry of Justice denied A's naturalization approval. The issue arose during the naturalization review period when A's dog bit a neighbor.

At that time, A's pet dog went outside while the apartment entrance door was open and bit a neighbor who was waiting for the elevator in the hallway. The neighbor sustained injuries requiring about 14 days of treatment. Subsequently, A received a summary order imposing a fine of 1 million won for negligent injury. A summary order is a procedure that imposes fines or penalties through written review without holding a trial for relatively minor offenses.

The Ministry of Justice determined that although A met general requirements such as length of residence, genuineness of marriage, ability to maintain livelihood, and basic qualifications, A violated the good conduct requirement because five years had not passed since receiving the fine, and thus denied A's naturalization approval.

A argued that the act for which the fine was imposed was not intentional and that the denial of naturalization was excessive, filing an administrative adjudication request with the Central Administrative Adjudication Committee. However, the committee dismissed A's request.

The committee stated, "There is a record that the dog raised by A bit a person," and "The blameworthiness of the act leading to the fine cannot be considered insignificant." It also took into account that A can apply again for naturalization approval after meeting the requirements in the future. According to the Nationality Act, naturalization requirements for foreigners acquiring Korean nationality are specified, and if a fine is imposed, the good conduct requirement is considered unmet for five years from the date of payment of the fine as a general rule.