(Herald DB)
(Herald DB)

A South Korean court has upheld the Justice Ministry’s decision to deny naturalization to a Bangladeshi national who applied for citizenship, ruling that he failed to meet the statutory requirement of “good conduct.”

In a ruling announced Sunday, the Seoul Administrative Court dismissed a lawsuit filed by a Bangladeshi national seeking to overturn the ministry’s rejection of his naturalization application.

The plaintiff had initially applied for simplified naturalization based on marriage to a South Korean citizen, but later changed the legal basis of his application after the marriage ended.

The Justice Ministry denied the application, citing the applicant’s criminal and investigative record and concluding that he did not satisfy the “good conduct” requirement under the Nationality Act.

The requirements for general naturalization are specified in Article 5 of the act, which includes at least five consecutive years of sustained residence in the country, a history of good conduct, and recognition from the justice minister that the applican't naturalization does not inflict harm upon the security and order of the state or the public's interest.

According to court records, the plaintiff had previously been referred to juvenile protection proceedings for offenses including aggravated theft and handling stolen goods. He was also later fined for violating the Road Traffic Act, including driving without a license.

The plaintiff argued that the juvenile cases stemmed from impulsive acts committed during adolescence and that the fine resulted from a joint liability provision rather than personal culpability. He also pointed to volunteer work and his established life in South Korea, claiming that denial of citizenship would cause excessive hardship.

The court rejected these arguments, ruling that the ministry had neither misjudged the facts nor abused its discretion. It found that the offenses were repeated over an extended period and that their illegality and blameworthiness could not be regarded as minor.

The court also noted that the applicant failed to disclose his criminal history in his naturalization application, a factor it said displayed his disrespect for South Korea’s legal system.

The court further held that the denial did not impose excessive disadvantage, noting that the applicant holds a marriage-based visa allowing continued residence and may reapply for naturalization in the future.

Crucially, the court found that less than five years had elapsed since the fine was paid, placing the applicant under a statutory exclusion that mandates denial.

“Where an applicant fails to meet the requirements for naturalization, the justice minister has no discretion but to reject the application,” the court said.


seungku99@heraldcorp.com