Court acquits person who obtained naturalization permit by improper means

Who this helps

This may help people who want to know how a naturalization permit obtained by improper means was handled in a criminal case.

Case overview

Case number

2019고단1190

Court

Seoul Southern District Court

Date of judgment

Oct 18, 2019 (Fri)

Topic

Criminal Cases

Original title (Korean)

여권불실기재, 불실기재여권행사, 출입국관리법 위반 판결

The defendant entered Korea under the name of a non-existent person, with a changed identity. The defendant then obtained naturalization permission, and was issued a passport using the resident registration number received through it and the name given under a name-change permit. The defendant traveled in and out of the country several times. The prosecutor took the position that the naturalization permission was invalid from the beginning and indicted the defendant for false entry in a passport, use of a passport containing false entries, and violation of the Immigration Act.

If a naturalization permit was obtained by improper means, is it void from the start?

The defendant entered Korea under the name of a non-existent person, using a changed identity, and received a naturalization permit. Later, the defendant got a passport using the resident registration number issued after naturalization and the name from a name-change permit, and traveled in and out of Korea several times. The prosecutor charged the defendant, viewing the naturalization permit as void from the start. The court held that even if the permit was obtained by improper means, it is hard to simply conclude that this alone makes it void from the start.

How the court ruled

The court examined how Article 21, paragraph 1 of the Nationality Act came about and the nature of a disposition revoking naturalization permission. It found that even if the defendant obtained naturalization permission by improper means, this alone does not readily establish a defect that goes beyond grounds for revocation and makes the permission invalid from the beginning. For this and other reasons, the court acquitted the defendant.

What to check in a similar situation

Procedures related to the cancellation or validity of a naturalization permit can be checked with immigration and foreigner offices of the Ministry of Justice or with the courts.

• Find support centers
• Emergency phone numbers
• Contacts: Korea Legal Aid Corporation 132

Terms explained

Naturalization permit

An administrative procedure in which a foreigner goes through screening and is permitted to acquire Korean nationality.

False entry in a passport

Causing untrue information to be written in a passport. It was one of the charges in this case.

Grounds for cancellation vs. grounds for voidness

Grounds for cancellation are reasons a decision can be removed later. Grounds for voidness are reasons a decision is treated as having no effect from the start. The court looked at the two separately.

More rulings on this topic

• Ruling sentencing a defendant to 1 year in prison for illegal entry, illegal stay and aiding another person's illegal entry · Busan District Court
• Students' submission of bank balance certificate found to be an application by improper means · Seoul Eastern District Court
• Court upholds departure order for foreign national fined for drunk driving · Daegu District Court

See all 28 rulings on Criminal Cases →

Frequently asked questions

Who was charged, and with what?

The prosecutor charged the defendant with false entry in a passport, use of a passport containing false entries, and violating the Immigration Act.

How did the court decide?

The court looked at how Article 21(1) of the Nationality Act came about and at the nature of a cancellation of a naturalization permit. It found it hard to simply conclude that a permit obtained by improper means is void from the start, and found the defendant not guilty.

Does this result apply as is to similar cases?

No. This is the court's decision on this particular case, and it cannot be seen as applying as is to other cases.