Court upholds revocation of naturalization permission obtained by concealing a bigamous relationship

Who this helps

This may help people curious about a case where a simplified naturalization permit gained through marriage was later revoked. It also shows how a court viewed the lawfulness of such a revocation.

Case overview

Case number

2019구합53341

Court

Seoul Administrative Court

Date of judgment

Jul 24, 2014 (Thu)

Topic

Marriage & Family

Original title (Korean)

중혼임을 숨기고 받은 귀화허가를 행정청이 취소한 것이 적법하다고 본 사례(서울행정법원 2019구합53341 판결)

The applicant, formerly a foreign national, obtained simplified naturalization permission after marrying a Korean national. The applicant was in a bigamous relationship, concealed it to obtain the permission, and was criminally punished for obstructing a public official's lawful performance of duties by deceit. The agency that issued the disposition revoked the permission on the ground that it was obtained by false or improper means. The applicant sued for cancellation, arguing there was no ground for the disposition and that the agency exceeded or abused its discretion.

Is it unlawful to revoke naturalization obtained by hiding a bigamous relationship?

The applicant, a foreign national, married a Korean citizen and received simplified naturalization permission. The applicant was in a bigamous relationship and hid it, and was criminally punished for obstructing an official's duties by deceit. The authority revoked the permission, saying it was obtained by false or improper means. The applicant sued, arguing there were no grounds and that discretion was exceeded or abused.

How the court ruled

The court held that monogamy is a major part of the legal order of the Republic of Korea and that bigamy seriously violates it. It found it objectively presumable that the agency would not have granted simplified naturalization permission had it known of the bigamy. The court found that the applicant's conduct was not minor in its illegality and carried considerable blame. It held that correcting a serious error in a naturalization permission is an important public interest, so there was no illegality of exceeding or abusing discretion.

What to check in a similar situation

Details on naturalization permission and its revocation can be checked with immigration and foreigner offices, and court procedures with the court.

• Marriage migrant (F-6) documents
• Divorce guide
• Changing your status of stay
• Contacts: Immigration Contact Center 1345

Terms explained

simplified naturalization

A naturalization route with eased requirements, for example for people married to a Korean citizen.

bigamy

Entering another marriage relationship while already married.

abuse of discretion

Going beyond the range an authority may decide, or using that power improperly.

More rulings on this topic

• Stay extension denial unlawful: Korean spouse mainly caused marriage breakdown · Seoul Administrative Court
• Ruling that a refusal to issue a marriage immigration visa was not unlawful · Seoul Administrative Court
• Ruling Upholds Refusal to Issue a Marriage Migration Visa · Seoul Administrative Court

See all 15 rulings on Marriage & Family →

Frequently asked questions

Who brought the lawsuit?

The applicant, a former foreign national, sued to cancel the revocation of the naturalization permission.

How did the court rule?

The court saw bigamy as a serious breach of the monogamy principle in Korea's legal order. It found the authority objectively would not have granted the permission had it known, and held the revocation lawful.

Does this result apply as-is to similar cases?

It is the court's judgment in that case and does not apply as-is to other cases.