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ISCR Case 05-11526.h1 — CASE

Case record

ISCR Case 05-11526.h1

A decided public DOHA case, shown for research — not advice or a prediction.

Case Profile
Decision Date8/22/2007
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Barry M. Sax
Applicant Representation: Pro Se
Case Summary
The judge found that the applicant's ties to South Korea, specifically his elderly mother, did not pose a security risk due to the applicant's strong and deep ties to the United States. The applicant's long history of service in the defense industry and his family's U.S. citizenship were significant mitigating factors. The judge concluded that the applicant demonstrated the requisite judgment, reliability, and trustworthiness to be granted a security clearance.
Guidelines Evaluated
- Guideline BForeign Influence · Unknown Outcome
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Case Headnote

ISCR Case No. 05-11526.h1

grantedAug 22, 2007· Hon. Barry M. Sax· hearing

Summary

A 59-year-old senior engineer, originally from South Korea, was granted a security clearance after a review under Guideline B (Foreign Influence). The applicant has resided in the U.S. for 30 years, is a naturalized citizen, and has held a security clearance for 20 years without incident.

The Statement of Reasons focused on his 86-year-old mother, an ethnic Japanese citizen living in South Korea, to whom he sends approximately $300 monthly. She identifies as Japanese and has no emotional ties to South Korea. In 2002, the applicant purchased an apartment in South Korea for his mother, valued at about $120,000, with his share being $50,000. This property has been for sale since 2006 and is currently rented to a third party, as his mother never moved in. The applicant has also made several trips to South Korea to visit his mother, most recently in May 2005.

The judge found that the applicant's strong ties to the U.S., his long history of integrity, and his mother's lack of influence mitigated security concerns. His mother's identification as Japanese and lack of emotional ties to South Korea were also noted as mitigating factors, leading to the granting of his security clearance.

Why the Applicant Prevailed

Applicant has lived in the U.S. for 30 years and is a naturalized citizen.
His only foreign tie is an elderly mother in South Korea who identifies as Japanese and has no emotional ties to South Korea.
The applicant has a long history of dedication and integrity in his work, with no reported issues during his 20 years of holding a security clearance.

Conditions Referenced

Disqualifying

DC 7(a)raisedContact with a Foreign Family MemberContact with the applicant's mother, a resident of South Korea, raised concerns of potential foreign influence.

Mitigating

MC 8(a)appliedEvidence Mitigating Risk of Foreign InfluenceThe evidence supports the conclusion that it is unlikely the applicant will be placed in a position of having to choose between his mother's interests and those of the U.S.

Key Rule Quoted

“"any doubt as to whether access to classified information is clearly consistent with the interests of national security will be resolved in favor of the nation’s security."”
— DoD Directive 5220.6

Procedural Posture

SOR issuedNov 27, 2006
Answer filedDec 11, 2006
Hearing heldJul 30, 2007
Decision dateAug 22, 2007

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Personal Ties to the U.S. in Security Clearance Decisions
Consideration of the Applicant's Character and History in the Adjudication Process

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Standardized Decision Profile

SEAD-4 Guideline B (Foreign Influence) · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The judge found that the applicant's ties to South Korea, specifically his elderly mother, did not pose a security risk due to the applicant's strong and deep ties to the United States. The applicant's long history of service in the defense industry and his family's U.S. citizenship were significant mitigating factors. The judge concluded that the applicant demonstrated the requisite judgment, reliability, and trustworthiness to be granted a security clearance.

U.S. ties the decision noted: U.S. Spouse or Partner · U.S. Children · U.S. Home or Property · U.S. Career or Business · U.S. Financial Assets Predominant · Intent to Remain in U.S.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Applicant’s mother (86) is ethnic Japanese and considers herself to be a citizen of Japan, but long resident in South Korea, where she moved long ago with the South Korean man who was Applicant’s father, although his parents were never married “as a record” (Tr at 21). The father died in 1977. His mother stayed in South Korea because of her family, but she never felt like she was Korean (Tr at 27). She “is proud about Japan” (Tr at 48). She lives in her own home. For some years, she taught Japanese in Korean schools. Applicant sends her about $300.00 per month	For Applicant	Parent in Foreign Country Immediate Family	South Korea	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
1.b	In 2002, Applicant purchased an apartment in South Korea for his mother. It is worth about $120,000, but his share in it is about $50,000, which he what he put down on the purchase. Under South Korean law, the tenant owns the rest (Tr at 24). His mother never moved in and the property has been for sale since 2006. It is currently being rented to a third party (Tr at 16). His mother continues to live in the same house she has had for many years. It is worth about $150,000, and Applicant has no idea what part of that might come to him when she does pass away (Tr at 31).	For Applicant	Foreign Real Estate Financial or Property Interest	South Korea	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
1.c	Applicant traveled to South Korea in August 2000, to introduce his new wife to his mother, December 2001, May 2002, and May 2005, when he took his new granddaughter to meet her great-grandmother (Tr at 26).	For Applicant	Unspecified Foreign Relationship Other	South Korea	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties

Descriptive standardized rendering of a decided public case (Guideline B). The verbatim source decision is shown in full below.

Full decision

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