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A Review of the Legal Issues of Naturalization as a Means of Acquiring Citizenship Focusing on a Country-by-Country Comparison of Naturalization Application Requirements

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2026, 14(1), pp.531~616
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : February 3, 2026
  • Accepted : February 26, 2026
  • Published : February 28, 2026

Jongho Kim 1

1호서대학교

Accredited

ABSTRACT

This paper first provides a practical explanation of the requirements for naturalization applications. While naturalization applications may seem straightforward when examined individually, when it comes to actually gathering the necessary documents, many people are unfamiliar with the process, find they can’t obtain them in their current residence, or forget the necessary procedures. In particular, a comparison of naturalization requirements across countries revealed that most countries set largely similar requirements as barriers to naturalization. This paper aims to connect the argument for granting citizenship to settled immigrants with the challenges it poses. Namely, granting citizenship to immigrants is impossible without first clarifying the meaning of status, such as citizenship. Without a clearer understanding of the meaning of citizenship, the argument in favor of immigrant naturalization becomes incomplete. Therefore, this paper explains the egalitarian function of nationality—that is, it protects people with the right to live together from status hierarchies and contributes to the realization of valuable public equality—and presents how this explanation justifies immigrants’ demands for naturalization. Naturalization, as a means of acquiring citizenship, is an act of authorization by which a foreigner becomes a citizen of a particular country—that is, an act by which the state grants the right to do so. The legal requirements and discretionary powers vary by country. Key legal issues concern the stringency of naturalization requirements and the scope of discretionary power held by the Ministry of Justice or related agencies. The Supreme Court views naturalization as a discretionary act, granting broad discretion to the Minister of Justice, rather than a binding act that simply requires approval if certain requirements are met. Currently, foreigner cannot apply for general naturalization in Korea without permanent residency, and the review process is taking an average of 19 months. Many countries, including Korea, require permanent residency, continuous residence for at least five years, good conduct (no criminal record), the ability to make a living, and basic literacy (understanding of language and culture) as legal requirements for naturalization. In 2017, South Korea revised its Nationality Act to include ‘permanent residency’ as a requirement for general naturalization, further scrutinizing the potential for settlement beyond mere residency. There is controversy over whether the degree of criminal history required to refrain from naturalization based on ‘unsound conduct’ is an abuse of discretion, such as a suspended indictment. Since South Korea has adopted a principle of refusing dual citizenship for naturalized individuals, who they are, in principle, required to renounce their original nationality within one year of naturalization. When “serious defects,” such as the submission of false documents, are discovered after naturalization, the structure and problems of the nationality cancellation system are ongoing legal issues. Naturalization isn’t simply a matter of meeting procedural requirements; it’s a crucial act that determines whether a country will accept a foreigner as a citizen. Recently, countries have been strengthening their screening procedures for citizenship acquisition (Japan, Korea) or emphasizing cultural literacy, including Korean language proficiency (KIIP, etc.). Therefore, it’s crucial to accurately understand and prepare for the legal requirements (residence, criminal record, livelihood) when applying for naturalization.

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