ISCR Case 15-06586.h1

Case Headnote

ISCR Case No. 15-06586.h1

deniedJun 30, 2017· Hon. Candace Le'i Garcia· hearing

Summary

A 44-year-old naturalized U.S. citizen and hardware engineer, originally from South Korea, was denied a security clearance under Guideline B (Foreign Influence) due to his ties to South Korea through his spouse and family. His 42-year-old spouse, a South Korean citizen residing in the U.S., became the owner of a manufacturing company in Mexico in January 2015, which is a subsidiary of her father's South Korean parent company. The applicant had traveled to Mexico in 2012 and 2014 at his father-in-law's request to check on this company.

The couple's two children, ages ten and eight, are dual U.S. and South Korean citizens, with their mother having petitioned for their South Korean citizenship for ease of travel. The applicant also has a 39-year-old sister who is a citizen and resident of South Korea, with whom he stated he has a distant relationship. Additionally, the applicant maintained a South Korean bank account, opened during his employment there from 2009 to 2011, which he planned to close.

Despite the applicant's indication that his spouse plans to become a U.S. citizen and renounce her South Korean citizenship, and that he could have his daughters become solely U.S. citizens, the security concerns were not mitigated. The applicant's ties to South Korea through his spouse and family were deemed to create a potential conflict of interest and a heightened risk of exploitation, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant did not mitigate the foreign influence security concerns.
The applicant's ties to South Korea through his spouse and family created a potential conflict of interest and heightened risk of exploitation.
The applicant failed to demonstrate that he would resolve any conflict of interest in favor of U.S. interests.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
AG ¶ 7(e)raisedShared Living Quarters with Foreign National

Mitigating

AG ¶ 8(a)rejectedNature of Relationships with Foreign Persons Unlikely to Create Conflict
AG ¶ 8(b)rejectedNo Conflict of Interest Due to Minimal Loyalty to Foreign Persons
AG ¶ 8(c)appliedCasual and Infrequent Contact with Foreign Citizens

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedApr 24, 2016
Answer filedMay 14, 2016
Hearing held—Decided on written record.
Decision dateJun 30, 2017

Cite For

Foreign Influence Concerns Under Guideline B
Impact of Foreign Family Ties on Security Clearance Eligibility
Evaluation of Mitigating Conditions Related to Foreign Influence

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

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.b	Applicant's two children are dual, native-born U.S. and South Korean citizens, residing in the United States. They are ten and eight years old. Applicant's wife petitioned for their South Korean citizenship so that they could obtain South Korean passports, for ease of traveling to South Korea. As South Korean citizens, they are eligible to receive medical assistance in South Korea, though they have never utilized this benefit. Applicant indicated that he can have his daughters become solely U.S. citizens.	For Applicant	Parent in Foreign Country Immediate Family	South Korea HEIGHTENED RISK	Admitted	—	—	—
1.e	Applicant's spouse is a South Korean citizen residing in the United States. She is 42 years old and was born in South Korea. Applicant married her in June 1999 in South Korea. Applicant indicated that his spouse plans on becoming a U.S. citizen and renounce her South Korean citizenship. She was a housewife until January 2015, when her father in South Korea legally signed over his manufacturing company in Mexico to her. The company in Mexico is one of multiple subsidiary companies under a parent manufacturing company in South Korea, all of which is owned by Applicant's father-in-law, with the exception of the company in Mexico. Applicant accompanied his father-in-law and brother-in-law to Mexico in June 2012, at his father-in-law's request, to check on the company. Applicant traveled to Mexico in May and June 2014, also at his father-in-law's request, to check on the company.	Against Applicant	Spouse Dual or Foreign Citizen Immediate Family	South Korea HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.f	Applicant's ties to South Korea through his spouse and his 39-year-old sister create a potential conflict of interest and a heightened risk of exploitation, inducement, manipulation, pressure, and coercion. AG ¶¶ 7(a), 7(b) and 7(e) have been raised by the evidence.	Against Applicant	Sibling in Foreign Country Immediate Family	South Korea HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.d	Applicant's second sister, age 39, is a citizen and resident of South Korea. Applicant stated that he does not have a strong relationship with her. He stated that they grew apart because of the distance between them. Applicant indicated that after their parents died, he tried to get her to move to the United States but she did not want to. As of May 2015, he last contacted her in May 2010. At that time, she worked as a teacher in South Korea. In his response to the SOR, Applicant stated that he does not know where this sister lives, what she does, or how to contact her.	For Applicant	Sibling in Foreign Country Immediate Family	South Korea HEIGHTENED RISK	Admitted	—	—	—
1.g	Applicant has a bank account in South Korea. When Applicant lived and worked in South Korea from 2009 to 2011, he opened the bank account so that his employer could deposit his pay into the account. When Applicant moved back to the United States, he took out most of the money and left a minimal balance in the account. He indicated that he forgot about the account because he had not accessed it in a long time, and he planned to close the account.	For Applicant	Foreign Bank Account or Investment Other	South Korea HEIGHTENED RISK	Admitted	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.b

Applicant's two children are dual, native-born U.S. and South Korean citizens, residing in the United States. They are ten and eight years old. Applicant's wife petitioned for their South Korean citizenship so that they could obtain South Korean passports, for ease of traveling to South Korea. As South Korean citizens, they are eligible to receive medical assistance in South Korea, though they have never utilized this benefit. Applicant indicated that he can have his daughters become solely U.S. citizens.

For Applicant

Parent in Foreign Country

Immediate Family

South Korea

HEIGHTENED RISK

Admitted

—

1.e

Applicant's spouse is a South Korean citizen residing in the United States. She is 42 years old and was born in South Korea. Applicant married her in June 1999 in South Korea. Applicant indicated that his spouse plans on becoming a U.S. citizen and renounce her South Korean citizenship. She was a housewife until January 2015, when her father in South Korea legally signed over his manufacturing company in Mexico to her. The company in Mexico is one of multiple subsidiary companies under a parent manufacturing company in South Korea, all of which is owned by Applicant's father-in-law, with the exception of the company in Mexico. Applicant accompanied his father-in-law and brother-in-law to Mexico in June 2012, at his father-in-law's request, to check on the company. Applicant traveled to Mexico in May and June 2014, also at his father-in-law's request, to check on the company.

Against Applicant

Spouse Dual or Foreign Citizen

Immediate Family

South Korea

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

—

1.f

Applicant's ties to South Korea through his spouse and his 39-year-old sister create a potential conflict of interest and a heightened risk of exploitation, inducement, manipulation, pressure, and coercion. AG ¶¶ 7(a), 7(b) and 7(e) have been raised by the evidence.

Against Applicant

Sibling in Foreign Country

Immediate Family

South Korea

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

—

1.d

Applicant's second sister, age 39, is a citizen and resident of South Korea. Applicant stated that he does not have a strong relationship with her. He stated that they grew apart because of the distance between them. Applicant indicated that after their parents died, he tried to get her to move to the United States but she did not want to. As of May 2015, he last contacted her in May 2010. At that time, she worked as a teacher in South Korea. In his response to the SOR, Applicant stated that he does not know where this sister lives, what she does, or how to contact her.

For Applicant

Sibling in Foreign Country

Immediate Family

South Korea

HEIGHTENED RISK

Admitted

—

1.g

Applicant has a bank account in South Korea. When Applicant lived and worked in South Korea from 2009 to 2011, he opened the bank account so that his employer could deposit his pay into the account. When Applicant moved back to the United States, he took out most of the money and left a minimal balance in the account. He indicated that he forgot about the account because he had not accessed it in a long time, and he planned to close the account.

For Applicant

Foreign Bank Account or Investment

Other

South Korea

HEIGHTENED RISK

Admitted

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES