By Jung Hae-myoung
The government will revise regulations for foreign residents applying for naturalization by making clearer and more specified those regarding “good conduct.”
The Ministry of Justice said Friday that it plans to amend the Nationality Act, with the new regulations taking effect Dec. 20.
The changes follow criticism that the standards for naturalization stated in the current regulations ― a person should be of “good conduct” ― are ambiguous. Due to the ambiguity, staff were allowed to make decisions on naturalization at their own discretion, causing controversy and in some cases even lawsuits.
Under the new regulations, foreigners who have failed to pay taxes or have violated domestic laws will not be allowed to apply for naturalization until after a certain time period has passed following these offenses.
The ministry will not approve naturalization applications if the applicant has failed to pay national or local taxes or customs duty; if less than two years have passed since an applicant received a suspended sentence for minor offenses; if less than five years have passed since an applicant paid fines; if less than seven years have passed since an applicant received a suspended prison sentence; and if less than 10 years have passed since an applicant finished a prison sentence.
A person who receives a “departure order” from Korea cannot apply for nationalization for five years from the day they leave the country; and 10 years if they receive a deportation order.
There have been disputes over naturalization application and rejection cases because of the unclear regulations.
In 2016, the ministry rejected a naturalization application from a Taiwanese-Korean in his 50s, citing his criminal record because he received a suspended prison sentence 21 years previously for drug use. The man filed a lawsuit with the Seoul Administrative Court, which ruled in his favor.
“The good conduct in the law should be reviewed when the application is made. It is too harsh that one past crime means a person cannot obtain naturalization permission for the rest of their life,” the court stated.
According to the ministry, 867 among 5,138 applications for naturalization in 2017, or 16.8 percent, were refused because the applicants “did not conduct themselves well.” In 2014, the rate was 21.2 percent, or 1,531 out of 7,221.
Many foreigners have filed lawsuits after their naturalization applications were rejected, with some even requesting the Constitutional Court to review the law. The court ruled in 2016 that the regulations were constitutional, but disputes have continued ever since.
“We expect the new regulations will reduce disputes over naturalization decisions,” a ministry official said.
The National Assembly is expected to pass the revision to the Nationality Act soon. The ministry plans to come up with detailed regulations by the end of October which will then be reviewed by the Ministry of Government Legislation and the Cabinet.