Ruling That Denial of Naturalization to a Person With a Criminal Record Was Not Unlawful

Who this helps

This may help people curious about a naturalization denial given to someone with past juvenile protective measures, a suspended prosecution or fines.

Case overview

Case number

2024구합84653

Court

Seoul Administrative Court

Posted on original board

Jan 29, 2026 (Thu)

Topic

Nationality & Naturalization

Original title (Korean)

[일반] 특수절도, 도로교통법위반(무면허운전) 등의 범행으로 소년 보호사건 송치처분,…

The plaintiff had a record including referral to juvenile protection proceedings, protective measures under the Juvenile Act, suspension of prosecution, and fines, for special larceny and violation of the Road Traffic Act (unlicensed driving), among others. The agency that made the decision found that the person did not meet the good conduct requirement under Article 5, Item 3 of the Nationality Act, and did not grant naturalization. A lawsuit was filed against this decision.

Is denying naturalization to a person with a criminal record unlawful?

The plaintiff had records including referral to juvenile protection proceedings, protective measures under the Juvenile Act, suspended prosecution and fines, for offenses such as special theft and unlicensed driving. The authority found the plaintiff did not meet the good conduct requirement of Article 5, item 3 of the Nationality Act and denied naturalization. The dispute was whether this decision misjudged the facts or exceeded or abused discretion. The court found neither.

How the court ruled

The court found that the decision not to grant naturalization contained no unlawful error in the assessment of facts, and no unlawful deviation from or abuse of discretion.

What to check in a similar situation

How the naturalization review and the good conduct requirement are applied can be checked with the immigration and foreigner offices. Court procedures and the full judgment can be checked with the court.

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

Terms explained

Good conduct requirement

A condition for naturalization under the Nationality Act, meaning upright behavior. Whether the plaintiff met it was the key issue.

Excess or abuse of discretion

Going beyond or misusing the room for judgment given to an administrative body. The court found no such illegality here.

Juvenile protective measure

A measure imposed on a minor under the Juvenile Act. It appears among the plaintiff's records.

More rulings on this topic

• Ruling Upholds Rejection of a Report of Renunciation of Nationality · Seoul Administrative Court
• Ruling cancels denial of Korean nationality restoration after U.S. citizenship · Seoul Administrative Court
• Ruling on the rejection of a nationality renunciation report by a dual national who lived in Korea with a father serving in U.S. Forces Korea · Seoul High Court

See all 11 rulings on Nationality & Naturalization →

Frequently asked questions

Who brought the lawsuit?

A person with records such as juvenile protective measures, suspended prosecution and fines, for offenses including special theft and unlicensed driving, sued over the naturalization denial.

How did the court rule?

The court found no illegality in the denial: no misjudgment of facts and no excess or abuse of discretion.

Does this result apply as is to similar cases?

It is the judgment in that case only and does not apply as is to other cases.