귀화허가취소제도의 개선방안

Abstract

The current revocation system of naturalization is not likely to initiate the revocation procedure because the basis clauses are incorrectly formed, the regulated acts cannot be clearly specified, and there is no reporting system in place. In addition, it is stipulated that the revocation procedure will be opened too late by allowing the Minister of Justice to initiate the cancellation procedure only after the conviction is finalized by forging or falsifying documents proving family relations. Overall, the current system of the revocation of naturalization permits is not sufficient to eliminate the illegal status obtained by foreign nationals abusing the naturalization system to pursue their own interests.
 In order to secure the effectiveness of the naturalization permission cancellation system, the types of acts stipulated in Article 21 of the Nationality Act and Article 27, Paragraph 1 of the Enforcement Decree of the Nationality Act must be integrated and reorganized. And “malignant abandonment of spouse” should be added as one reason for cancellation. Article 21, Paragraph 1 of the Nationality Act shall be amended as follows. The Minister of Justice may revoke the permission or judgment of a person who has been granted permission for naturalization, recovery of nationality, permission to renounce nationality, or judgment of holding nationality by making a false statement or forging or altering evidential documents for the purpose of obtaining permission for naturalization, etc. The same shall also apply to cases where a spouse is maliciously abandoned or a legal relationship that has resulted in the acquisition of nationality is falsely entered into.
 It is proposed to introduce a reporting system so that the naturalization permission revocation system can be operated effectively. The current revocation system does not have a notification system, so the possibility of the Minister of Justice initiating the revocation procedure is remarkably low. The fact that naturalization was granted illegally can only be known by those who have observed it over a long period of time. Therefore, Article 21-2 of the Nationality Act should be newly established as follows. ① Anyone who believes that a person has obtained permission for naturalization, etc. by making a false statement, oath, or forging or altering evidential documents may report the fact to the Ministry of Justice. ② When a public official believes that a person has obtained permission for naturalization by making a false statement or oath or forging or falsifying evidential documents in the course of performing his/her duties, he or she shall report the fact to the Ministry of Justice.