By Lee Han-soo
It is illegal to stop a Chinese woman who divorced her husband for constant physical abuse from becoming naturalized, a court ruled Monday.
Seoul Administrative Court ruled in favor of the woman, who had filed a suit against the Minister of Justice. She wanted the ministry to nullify the decision to deny her naturalization, according to Korean news agency Newsis.
The court ruled that it was illegal to deny naturalization because it was not the woman's fault that the marriage ended but rather that of the husband who constantly assaulted her.
"The marriage broke down because of the husband's constant abuse," said the court in a ruling statement. "The plaintiff could not live a normal marriage for a reason not liable to her. Therefore, the legal evaluation that she had a part in the divorce is wrong."
The court also added that the plaintiff had fulfilled legal requirements to apply for naturalization.
"In accordance with the naturalization law, a foreigner must have an address in Korea for five years or more to apply for naturalization," the court said. "The plaintiff has already fulfilled this requirement as she has lived in Korea since 2008."
It is illegal to stop a Chinese woman who divorced her husband for constant physical abuse from becoming naturalized, a court ruled Monday.
Seoul Administrative Court ruled in favor of the woman, who had filed a suit against the Minister of Justice. She wanted the ministry to nullify the decision to deny her naturalization, according to Korean news agency Newsis.
The court ruled that it was illegal to deny naturalization because it was not the woman's fault that the marriage ended but rather that of the husband who constantly assaulted her.
"The marriage broke down because of the husband's constant abuse," said the court in a ruling statement. "The plaintiff could not live a normal marriage for a reason not liable to her. Therefore, the legal evaluation that she had a part in the divorce is wrong."
The court also added that the plaintiff had fulfilled legal requirements to apply for naturalization.
"In accordance with the naturalization law, a foreigner must have an address in Korea for five years or more to apply for naturalization," the court said. "The plaintiff has already fulfilled this requirement as she has lived in Korea since 2008."
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