Ruling: Denying naturalization solely over a minor traffic accident criminal record was unlawful

Who this helps

This may help people whose naturalization application was denied over a criminal record from a traffic accident. It shows how one court weighed that kind of record.

Case overview

Case number

2015구합75244

Court

Seoul Administrative Court

Date of judgment

Mar 4, 2016 (Fri)

Topic

Nationality & Naturalization

Original title (Korean)

경미한 교통사고로 인한 범죄경력이 있다는 사정만으로 곧바로 귀화의 요건을 갖추지 못하였다고 볼 수…

A person who applied for naturalization had a criminal record from a traffic accident. The agency that issued the disposition found, for that reason, that the applicant did not meet the requirement of good conduct, and issued the disposition. A lawsuit was filed against it.

Can naturalization be denied just because of a traffic accident criminal record?

The applicant had a criminal record from a traffic accident. The authority concluded that the applicant did not meet the requirement of good conduct, and a lawsuit followed. The court noted that the accident was caused by negligence and the other party was also at fault. It also noted that the applicant settled with the victim and paid the fine. The court held that treating the record as an automatic failure of the requirement was unlawful.

How the court ruled

The court found that the traffic accident was caused by negligence, that the other party was also negligent, and that the applicant had reached a settlement with the victim and paid the fine. It also considered that the applicant had worked for a living for about 9 years with no criminal record or arrears, and had passed the written test and interview. Therefore, the disposition that treated the criminal record as immediately meaning the good conduct requirement was not met failed to consider some of the relevant circumstances, or did not consider them sufficiently. The court held that it exceeded and abused discretion and was unlawful.

What to check in a similar situation

Information on how the good conduct requirement is assessed in a naturalization review can be checked with the immigration or foreigner affairs office. Court records of the ruling can be checked with the Seoul Administrative Court.

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Terms explained

naturalization

A process in which a foreign national acquires Korean nationality after meeting the legal requirements and passing the review.

good conduct requirement

One of the conditions for naturalization. It asks whether the applicant's behavior and character are sound.

abuse of discretion

When an authority uses its decision-making power beyond its limits or without properly weighing the relevant circumstances. The court found this here.

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 filed the lawsuit and why?

A person who applied for naturalization filed it. The authority had found that the good conduct requirement was not met because of a traffic accident criminal record.

How did the court decide?

The court found the denial unlawful. It said the authority had not fully weighed the circumstances, including the settlement, the paid fine, about 9 years of work without a criminal record or unpaid taxes, and passing the written test and interview.

Does this result apply to every similar case?

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