What happened:

A foreign national with a prior fine (criminal penalty) applied for Korean citizenship before five years had passed since paying the fine.

The Ministry of Justice denied the application.

The applicant challenged the decision in court.


Who was involved:

The applicant was a Bangladeshi national who had married a Korean citizen and applied for simplified naturalization.

After divorcing, the applicable legal standards changed for his application.


Key legal issue:

Korean nationality law requires applicants to meet a “good conduct” standard.

Under enforcement rules, this standard is not met if less than five years have passed since paying a criminal fine.


Applicant’s argument:

Past offenses occurred mostly during youth and were impulsive.

The fine-related conviction was not based on direct personal wrongdoing.

He emphasized volunteer work and social contribution in Korea.

He claimed the denial was excessive and an abuse of discretion.


Court’s reasoning:

The applicant had a pattern of repeated legal violations, including theft-related offenses and unlicensed driving.

Even considering his age at the time of some offenses, the court found the severity and blameworthiness were not minor.

He failed to disclose his criminal history in the naturalization application, which weighed heavily against him.

This omission suggested a lack of respect for Korea’s legal system.


Final ruling:

The court ruled that the Ministry of Justice’s decision was lawful and appropriate.

If the five-year period after paying a fine has not passed, the law leaves no room for discretion.

In such cases, the Ministry must deny the application.


Why this matters:

The decision confirms that the five-year rule after a fine is strictly enforced.

Courts will defer to the Ministry when legal requirements are clearly unmet.

Full and honest disclosure in citizenship applications is critical.

Article: https://www.hani.co.kr/arti/society/society_general/1235703.html