Special Naturalization Application by a Person with a Korean Mother and a Japanese Father

Who this helps

This may help people born to a Korean mother and a Japanese father who grew up in Korea and applied for special naturalization. It may also help those wondering how a past summary order for unlicensed driving was treated under the good conduct requirement.

Case overview

Case number

2020구합3540

Court

Seoul Administrative Court

Posted on original board

Jul 23, 2021 (Fri)

Topic

Nationality & Naturalization

Original title (Korean)

[일반] 한국인 어머니와 일본인 아버지 사이에서 태어나 대한민국에서 거주하여 온 사람이 특별귀화신청을 한…

This case concerns a plaintiff born to a Korean mother and a Japanese father who has lived in the Republic of Korea and applied for special naturalization. The plaintiff once received a summary order imposing a fine of 300,000 won for unlicensed driving.

Can the good conduct requirement for special naturalization still be met after a fine for unlicensed driving?

The plaintiff was born to a Korean mother and a Japanese father and lived in Korea. The plaintiff applied for special naturalization. The plaintiff had earlier received a summary order with a 300,000 won fine for unlicensed driving. The issue was whether the good conduct requirement under the Nationality Act could still be regarded as met. The court saw humanitarian circumstances in how the plaintiff came to drive.

How the court ruled

The court found that, even though the plaintiff received a summary order with a fine of 300,000 won for unlicensed driving, there were circumstances in how the driving came about that deserved humanitarian consideration. The court also considered that, after the plaintiff was born, the Nationality Act was amended so that if the mother was Korean, the child could acquire Korean nationality immediately if a legal representative simply applied. Taking these together, the court found that the plaintiff could be regarded as meeting the good conduct requirement under the Nationality Act.

What to check in a similar situation

The special naturalization procedure and the good conduct requirement covered by this ruling can be checked with immigration and foreigner offices. The specific details of the ruling can be checked with the court.

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

Terms explained

Special naturalization

A naturalization procedure for foreigners with special grounds set by the Nationality Act, used to obtain Korean nationality.

Good conduct requirement

A condition for naturalization approval set by the Nationality Act. In this case, whether the plaintiff met it was disputed.

Summary order

A simple court decision that sets a fine or similar penalty based on documents alone, without a trial.

Legal representative

A person who can apply or act on behalf of another person under the law.

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 case?

The plaintiff was born to a Korean mother and a Japanese father, had lived in Korea, and applied for special naturalization.

How did the court decide?

The court saw humanitarian circumstances in how the plaintiff came to drive, even with the 300,000 won summary order for unlicensed driving. It also looked at the Nationality Act amendment after the plaintiff's birth, under which a legal representative could obtain Korean nationality simply by applying if the mother was Korean. Taking these together, it found the good conduct requirement could be regarded as met.

Does this result apply as-is to every similar case?

No. It is the decision in this case and does not apply as-is to other cases.