Why Did a South Korean Court Uphold Naturalisation Denial Due to Criminal Record?
Synopsis
Key Takeaways
- Seoul court upheld naturalisation denial.
- Criminal history played a crucial role.
- Future reapplication for naturalisation is possible.
- New employment restrictions for individuals with serious criminal records.
- Public safety remains a priority.
Seoul, Dec 21 (NationPress) A Seoul court has reaffirmed a previous ruling made by the Justice Ministry, which denied naturalisation to a foreign national due to their previous criminal history.
As reported by legal sources on Sunday, the Seoul Administrative Court dismissed the lawsuit brought forth by the foreign applicant, who sought to reverse the ministry's decision regarding his naturalisation request.
The individual, whose nationality remains undisclosed, had sought a South Korean passport after entering into marriage with a South Korean citizen. However, following their divorce, the grounds for his application shifted, leading the ministry to reject his request based on his criminal record, according to Yonhap News Agency.
The ministry determined that the applicant did not fulfill the "good conduct" criterion mandated by the Nationality Act. The foreign national had previously undergone juvenile protection proceedings due to aggravated theft and faced fines for driving without a valid license.
The individual contended that the Justice Ministry's decision to refuse his naturalisation application was excessively severe despite his criminal history.
Nevertheless, the administrative court ruled that he had a history of reoffending over a prolonged period, and his infractions were not trivial.
The court further noted that the applicant had not initially disclosed his criminal background when submitting his naturalisation request.
It highlighted that the Justice Ministry's decision was not overly harsh, as the foreign national retains the right to remain in South Korea under his F-6 marriage migrant visa and may reapply for naturalisation in the future.
Additionally, in January, the Transport Ministry announced that individuals with serious criminal records would face restrictions in employment within online delivery services, such as Baemin and Coupang Eats, as well as in taxi services for disabled individuals.
Under newly revised enforcement ordinances of the transportation and services acts, those with criminal records—including sex offenders and drug offenders—will be barred from employment in these sectors for up to 20 years post-release from incarceration or completion of penalties.
Companies hiring for drivers in disabled taxi services and goods delivery, including popular food delivery platforms, will be mandated to verify criminal records through local police stations.
Failure to check criminal backgrounds or terminate contracts within one month upon discovering disqualifying factors could incur fines of up to 5 million won ($3,418), as stated by the ministry.