Ruling that upheld the decision denying naturalization

Who this helps

This may help people who want to see how the good conduct requirement was weighed in a naturalization refusal case. It involves a foreign national married to a Korean citizen.

Case overview

Case number

서울고등법원 2012. 11. 8. 선고 2012누18457 판결

Court

Seoul High Court

Date of judgment

Nov 8, 2012 (Thu)

Topic

Nationality & Naturalization

Original title (Korean)

귀화불허처분 취소청구 사건

A person who applied for naturalization filed a lawsuit to cancel the decision after the application was denied. Around 1996, the applicant entered into a sham marriage to obtain nationality, entered the country under the same name as another person, and registered the marriage. Around 1999, the applicant received a fine. Around 2003, the applicant received a suspension of prosecution for obtaining a passport in the name of another person with the same name. Around 2010, the applicant received a fine in a bodily injury case.

Can naturalization be refused over past sham marriage and name misuse even after a normal marriage?

The applicant sought to cancel a decision refusing naturalization. The record showed a sham marriage to obtain nationality, entry and marriage registration under another person's name, a passport issued under another person's name, and an assault case with a fine. The applicant had a normal marriage to a Korean citizen and a life base in Korea. The court still found the good conduct requirement unmet and the refusal within discretion.

How the court ruled

The court said that even though the applicant has lived in Korea in a normal marriage with a Korean national since around 2003 and has established a basis for daily life, the applicant cannot be regarded as meeting the naturalization requirement of 'good conduct', given the sham marriage, entry under another person's name, marriage registration under that name, and the injury offense. The court therefore found that the decision denying the naturalization application cannot be said to exceed the scope of discretionary authority.

What to check in a similar situation

Immigration offices can confirm the requirements for naturalization, including the good conduct requirement. The court that handled the case can confirm the full ruling and the record.

• Find your immigration office
• Find support centers
• Contacts: Immigration Contact Center 1345

Terms explained

Naturalization

The process by which a foreign national obtains Korean nationality with the state's permission.

Good conduct requirement

A naturalization condition that the applicant's behavior be upright. Past misconduct was weighed in this case.

Discretion

The room an administrative body has to decide within the law. A decision is unlawful only if it goes beyond that range.

More rulings on this topic

• Ruling Upholds Rejection of a Report of Renunciation of Nationality · Seoul Administrative Court
• Ruling That Denial of Naturalization to a Person With a Criminal Record Was Not Unlawful · Seoul Administrative Court
• Ruling cancels denial of Korean nationality restoration after U.S. citizenship · Seoul Administrative Court

See all 11 rulings on Nationality & Naturalization →

Frequently asked questions

Who brought this lawsuit and what did they ask for?

A foreign national who had been refused naturalization sued to have the refusal cancelled.

How did the court rule?

The court found the refusal did not exceed the authority's discretion. It held the applicant did not meet the good conduct requirement, given the sham marriage, entry and marriage registration under another person's name, and the assault.

Does this result apply to every similar case?

No. It is the court's judgment on this particular case and does not apply as is to other cases.