Ruling Cancels Justice Minister's Refusal to Recognize Nationality

Who this helps

This may be a useful reference for people born in Korea to a Korean father and a foreign mother whose nationality was refused after their family register was closed.

Case overview

Court

Seoul Administrative Court

Posted on original board

Sep 13, 2021 (Mon)

Topic

Nationality & Naturalization

Original title (Korean)

[일반] 대한민국 국민인 부와 외국인 모 사이에서 대한민국에서 출생한 원고들이, 부의…

Two people were born in Korea to a Korean father and a foreign mother. Their father's acknowledgment of paternity had been completed. Until they became adults, they were recorded in the resident registration record and the family relation register, and they attended school in Korea. Then the family relation register was closed because of a procedural problem. The Minister of Justice did not recognize their Korean nationality, citing reasons including that no notification of acquiring nationality had been made before they reached adulthood.

Can the Justice Minister refuse Korean nationality after a person was long recorded as a citizen?

Two people were born in Korea to a Korean father and a foreign mother. The father had acknowledged them, and they were listed in the resident registration and family relation registers until adulthood. They also went to school in Korea. After their family register was closed over a procedural problem, the Justice Minister refused to recognize their nationality, citing the lack of a nationality acquisition report before adulthood. The court found that this refusal broke the principle of protection of legitimate expectation and the principle of good faith.

How the court ruled

The court found that the Minister of Justice's measure violated the principle of protection of legitimate expectations and the principle of good faith. It therefore canceled the measure.

What to check in a similar situation

Information about nationality recognition and family register procedures can be confirmed with the immigration office, the registration authorities, or the court handling the case.

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

Terms explained

Principle of protection of legitimate expectation

This is the idea that people can rely on what the state has said or done before. The court found the Minister's action went against it.

Principle of good faith

This is the idea that everyone, including the state, deals with others honestly and fairly. The court found the refusal broke this principle.

Family relation register

This is a government record of family relationships. In this case it was closed because of a procedural problem.

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?

Two people born in Korea to a Korean father and a foreign mother filed it. The Justice Minister had refused to recognize their Korean nationality.

How did the court decide?

The court cancelled the Justice Minister's refusal. It found the action broke the principle of protection of legitimate expectation and the principle of good faith.

Does this result apply to every similar case?

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