"Serious Degree of Illegality Despite Juvenile Offenses and Fines"
Failure to Disclose Criminal Record Also an Issue
A foreign national who was denied naturalization due to a criminal record, including a juvenile protection disposition, filed an administrative lawsuit challenging the decision, but the court did not accept the claim.
A foreigner shedding tears at the nationality certificate awarding ceremony, unrelated to the article content. The Asia Business Daily DB
According to the legal community on December 21, the Seoul Administrative Court's Administrative Division 2 (Presiding Judge Koh Eunsul) recently ruled against the plaintiff in a lawsuit filed by Mr. A seeking to overturn the Ministry of Justice's decision to deny naturalization.
Mr. A had previously married a Korean national and applied for simplified naturalization.
However, after Mr. A divorced, the review criteria for simplified naturalization changed. The Ministry of Justice denied Mr. A's application, citing Article 5, Paragraph 3 of the Nationality Act, on the grounds that Mr. A did not meet the requirements for good conduct due to a past criminal record.
The good conduct requirement is assessed by comprehensively considering the applicant's gender, age, background, and criminal record. In Mr. A's case, the past criminal record was the main issue.
Mr. A argued that, although he had received a juvenile protection disposition and a fine, the Ministry of Justice's decision was harsh. However, the court disagreed.
The court stated, "Mr. A repeatedly committed crimes such as special theft and violations of the Road Traffic Act (driving without a license) over an extended period. Even considering that Mr. A was a juvenile at the time of most offenses and that the fine was imposed under the joint penal provisions of the Road Traffic Act, the degree of illegality in Mr. A's actions cannot be considered minor."
It was found that Mr. A had a total of six criminal records, including a juvenile protection disposition.
The court also pointed out that Mr. A failed to disclose his criminal record and violations of the Immigration Control Act on the naturalization application.
Furthermore, the court noted that Mr. A currently holds a marriage migrant (F-6) visa, allowing him to stay in Korea, and that he may apply for naturalization again in the future. Therefore, the Ministry of Justice's decision was not deemed excessively harsh.
Based on these factors, the court concluded that Mr. A did not meet the good conduct requirement and dismissed his claim.
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