The Janus-faced court of naturalisation: marriage and kinship in naturalisation litigation in South Korea

Kim, Nora Hui-Jung

doi:10.1080/1369183x.2016.1145540

Journal of Ethnic and Migration Studies

2016

DOI: 10.1080/1369183x.2016.1145540

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The Janus-faced court of naturalisation: marriage and kinship in naturalisation litigation in South Korea

Nora Hui-Jung Kim

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Cited by 5 publications

(2 citation statements)

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“…For more detailed discussion on the judicial deference on the issue of immigration in Korea, see N. Kim ().…”

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confidence: 99%

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From a Spouse to a Citizen: The Gendered and Sexualized Path to Citizenship for Marriage Migrants in South Korea

Kim¹,

Kim²

2020

Law Soc Rev

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Morality has been a key factor in naturalization. However, defining what constitutes good moral character has never been specified, leaving interpretation of the good moral character requirement to the discretion of immigration officials and judges. Based on an analysis of court cases filed by marriage migrants, this article expands our understanding of the legal interpretation of the “good morality” requirement in two significant ways. First, by examining the nature of the morality requirements applied to marriage migrants applying for citizenship, we identify that controlling sexual morality is one of the key mechanisms of gendering the path to legal citizenship. Second, our analysis questions the fairness of the judicial rulings and shows that judges are not reliable allies for immigrant spouses. South Korean judges tend to show great deference to the administrative branch and rarely rule against the decisions of the immigration officials. Further, the rulings tend to follow cultural and gendered, rather than legal, understanding of “good” wives and husbands. Ultimately, in the case of South Korea we show that that marriage migrant moral jurisprudence deviates from the developing jurisprudence that decriminalizes intimate choices and challenges the traditional gender roles within a family.

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“…For more detailed discussion on the judicial deference on the issue of immigration in Korea, see N. Kim ().…”

mentioning

confidence: 99%

“…While 29 percent of married people's appeals were accepted (5 out of 17), only 15 percent of their counterparts were accepted (4 out of 27). For more detailed analysis, see N. Kim ().…”

mentioning

confidence: 99%

From a Spouse to a Citizen: The Gendered and Sexualized Path to Citizenship for Marriage Migrants in South Korea

Kim¹,

Kim²

2020

Law Soc Rev

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Contending with neo-classical patriarchal bargain: Filipina marriage migrants’ negotiations for naturalization in South Korea

Kim

Vang

2019

Citizenship Studies

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Penalizing ‘runaway’ migrant wives: commercial cross-border marriages and home space as confinement

Chien

2021

Citizenship Studies

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The Janus-faced court of naturalisation: marriage and kinship in naturalisation litigation in South Korea

Cited by 5 publications

References 51 publications

From a Spouse to a Citizen: The Gendered and Sexualized Path to Citizenship for Marriage Migrants in South Korea

From a Spouse to a Citizen: The Gendered and Sexualized Path to Citizenship for Marriage Migrants in South Korea

Contending with neo-classical patriarchal bargain: Filipina marriage migrants’ negotiations for naturalization in South Korea

Penalizing ‘runaway’ migrant wives: commercial cross-border marriages and home space as confinement

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