Court revokes decision not to grant naturalization

Who this helps

This ruling may help people looking at cases where a naturalization denial was disputed. It is relevant to cases about the good conduct and livelihood requirements.

Case overview

Case number

2020구합78315

Court

Seoul Administrative Court

Posted on original board

Apr 13, 2021 (Tue)

Topic

Nationality & Naturalization

Original title (Korean)

[일반] 원고가 귀화요건인 품행단정 및 생계유지 능력을…

There was a decision not to grant naturalization, and a lawsuit was filed asking the court to revoke it. Good conduct and the ability to make a living were at issue as requirements for naturalization.

Can a naturalization denial be revoked over the conduct and livelihood requirements?

There was a decision not to grant naturalization, and the plaintiff sued to have it revoked. The dispute was whether the plaintiff met the naturalization requirements of good conduct and the ability to make a living. The court found ample room to view the plaintiff as meeting both. It therefore revoked the decision.

How the court ruled

The court found that there was sufficient reason to view the plaintiff as meeting the naturalization requirements of good conduct and the ability to make a living. Therefore, it revoked the decision not to grant naturalization.

What to check in a similar situation

The procedure and requirements for naturalization can be confirmed with the immigration office. Information on lawsuits against a denial can be confirmed with the court.

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

Terms explained

Naturalization

A process in which a foreign national is reviewed and then acquires Korean nationality.

Good conduct

One naturalization requirement. It asks whether a person's everyday behavior can be seen as upright.

Ability to make a living

One naturalization requirement. It asks whether a person can support themselves.

Revocation of a decision

A court strips an administrative decision of its effect.

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?

The plaintiff, who was not granted naturalization, sued to have the denial revoked.

How did the court rule?

It found ample room to view the plaintiff as meeting the conduct and livelihood requirements, and revoked the decision.

Does this result apply directly to similar cases?

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