ISCR Case 14-05529.h1

Case Headnote

ISCR Case No. 14-05529.h1

grantedSep 8, 2015· Hon. Martin H. Mogul· hearing

Summary

A 44-year-old U.S. citizen, originally from South Korea, sought a security clearance under Guidelines B (Foreign Influence) and C (Foreign Preference). The Statement of Reasons (SOR) alleged several ties to South Korea, including his mother, father, father-in-law, and brother-in-law, all citizens and residents of South Korea, with whom he maintained varying levels of contact. His wife’s extended family also resided there.

Further allegations included the applicant’s ownership of South Korean real estate valued at approximately $200,000, which he stated was purchased by his father without his knowledge. His wife also held a South Korean bank account with an estimated $40,000, which she subsequently transferred to a U.S. bank. Additionally, the applicant was alleged to have exercised South Korean citizenship by possessing a South Korean passport issued in 2011 and valid until 2021.

Despite these concerns, the judge found that the applicant's ties to South Korea did not pose a significant risk. The applicant demonstrated strong U.S. ties, including substantial assets and family relationships. His South Korean passport was surrendered and destroyed, and his wife’s South Korean bank account was closed. The applicant’s security clearance was granted.

Why the Applicant Prevailed

The applicant demonstrated strong ties to the United States, including citizenship and family relationships.
The applicant's significant financial interests in the U.S. outweighed concerns regarding foreign influence.
The applicant credibly testified about his loyalty to the U.S. and intentions regarding his family in South Korea.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(e)raisedSubstantial Business, Financial, or Property Interest in a Foreign Country
AG ¶ 10(a)raisedExercise of Foreign Citizenship Rights

Mitigating

AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong U.S. Ties
AG ¶ 8(f)appliedValue of Property Interests Unlikely to Result in Conflict
AG ¶ 11(a)appliedDual Citizenship Based Solely on Birth, Not Exercised Post-naturalization
AG ¶ 11(c)appliedSurrender of Foreign Passport
AG ¶ 11(e)appliedNo Intention to Return to Live in Foreign Country

Key Rule Quoted

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

Procedural Posture

SOR issuedDec 5, 2014
Answer filedJan 16, 2015
Hearing heldMay 5, 2015
Decision dateSep 8, 2015

Cite For

Mitigation of Foreign Influence Concerns Due to Strong U.S. Ties
Surrender of Foreign Passport as a Mitigating Factor
Consideration of Whole-person Concept in Security Clearance Decisions

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.a	It is alleged in the SOR that Applicant’s mother is a citizen and resident of South Korea. Applicant speaks to his mother a few times a month. He does not provide his mother or his father with any financial support. She has never been employed outside of the home. (Tr at 98.)	For Applicant	Parent in Foreign Country Immediate Family	South Korea HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.b	It is alleged in the SOR that Applicant’s father is a citizen and resident of South Korea. Applicant speaks to his father once every month to two months. (Tr at 98.) Applicant testified that his mother and father plan to immigrate to the United States. They have not yet done so because they have to liquidate their property in South Korea before they move, and because of the poor economy in South Korea over the last several years, it has been difficult to do this. (Tr at 74-75.)	For Applicant	Parent in Foreign Country Immediate Family	South Korea HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.c	It is alleged in the SOR that Applicant’s father-in-law is a citizen and resident of South Korea. Applicant testified that he has contact with his father-in-law approximately every three to six months. He had been a CEO of a large private company. He does not plan to move to the United States. (Tr at 92-94.)	For Applicant	In Law in Foreign Country Immediate Family	South Korea HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.d	It is alleged in the SOR that Applicant’s brother-in-law is a citizen and resident of South Korea. Applicant testified that he has contact with his brother-in-law approximately every four to six months. He is currently a college student in the United States, although he does plan to return to South Korea. (Tr at 95-96.)	For Applicant	In Law in Foreign Country Immediate Family	South Korea HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.e	It is alleged in the SOR that Applicant’s wife’s extended family members are citizens and residents of South Korea. Applicant does have a relationship with one of his wife’s aunts, and he does see them when he travels to South Korea. (Tr at 95-96.)	For Applicant	Extended Family in Foreign Country Extended Family	South Korea HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.f	It is alleged in the SOR that Applicant owns real estate in South Korea worth an estimated $200,000. Applicant testified that this property was purchased by his father without Applicant’s knowledge or approval, and he only learned about it several years after the purchase had been made. Applicant indicated that while he did not want the property, he did not want to force his father to sell the property during the drop in the economy, which would have forced his father to take a substantial loss. (Tr at 79-81.) Applicant did concede that as of this time, the property is still in his name and has not been transferred back to his father. (Tr at 87-88.)	For Applicant	Foreign Real Estate Financial or Property Interest	South Korea HEIGHTENED RISK	Denied	(e) shared living quarters creating a heightened risk	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.g	It is alleged in the SOR that Applicant’s wife owns a bank account in South Korea worth an estimated $40,000. Applicant testified that this money had been his wife’s separate money, and she has transferred all of the money from that account to a United States bank. (Tr at 77-78.)	For Applicant	Foreign Bank Account or Investment Financial or Property Interest	South Korea HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

It is alleged in the SOR that Applicant’s mother is a citizen and resident of South Korea. Applicant speaks to his mother a few times a month. He does not provide his mother or his father with any financial support. She has never been employed outside of the home. (Tr at 98.)

For Applicant

Parent in Foreign Country

Immediate Family

South Korea

HEIGHTENED RISK

Denied

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

—

1.b

It is alleged in the SOR that Applicant’s father is a citizen and resident of South Korea. Applicant speaks to his father once every month to two months. (Tr at 98.) Applicant testified that his mother and father plan to immigrate to the United States. They have not yet done so because they have to liquidate their property in South Korea before they move, and because of the poor economy in South Korea over the last several years, it has been difficult to do this. (Tr at 74-75.)

For Applicant

Parent in Foreign Country

Immediate Family

South Korea

HEIGHTENED RISK

Denied

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

—

1.c

It is alleged in the SOR that Applicant’s father-in-law is a citizen and resident of South Korea. Applicant testified that he has contact with his father-in-law approximately every three to six months. He had been a CEO of a large private company. He does not plan to move to the United States. (Tr at 92-94.)

For Applicant

In Law in Foreign Country

Immediate Family

South Korea

HEIGHTENED RISK

Denied

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

—

1.d

It is alleged in the SOR that Applicant’s brother-in-law is a citizen and resident of South Korea. Applicant testified that he has contact with his brother-in-law approximately every four to six months. He is currently a college student in the United States, although he does plan to return to South Korea. (Tr at 95-96.)

For Applicant

In Law in Foreign Country

Immediate Family

South Korea

HEIGHTENED RISK

Denied

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

—

1.e

It is alleged in the SOR that Applicant’s wife’s extended family members are citizens and residents of South Korea. Applicant does have a relationship with one of his wife’s aunts, and he does see them when he travels to South Korea. (Tr at 95-96.)

For Applicant

Extended Family in Foreign Country

Extended Family

South Korea

HEIGHTENED RISK

Denied

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

—

1.f

It is alleged in the SOR that Applicant owns real estate in South Korea worth an estimated $200,000. Applicant testified that this property was purchased by his father without Applicant’s knowledge or approval, and he only learned about it several years after the purchase had been made. Applicant indicated that while he did not want the property, he did not want to force his father to sell the property during the drop in the economy, which would have forced his father to take a substantial loss. (Tr at 79-81.) Applicant did concede that as of this time, the property is still in his name and has not been transferred back to his father. (Tr at 87-88.)

For Applicant

Foreign Real Estate

Financial or Property Interest

South Korea

HEIGHTENED RISK

Denied

(e) shared living quarters creating a heightened risk

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

—

1.g

It is alleged in the SOR that Applicant’s wife owns a bank account in South Korea worth an estimated $40,000. Applicant testified that this money had been his wife’s separate money, and she has transferred all of the money from that account to a United States bank. (Tr at 77-78.)

For Applicant

Foreign Bank Account or Investment

Financial or Property Interest

South Korea

HEIGHTENED RISK

Denied

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	It is alleged in the SOR that Applicant exercised his South Korean citizenship by possessing a South Korean passport issued on May 4, 2011, and not scheduled to expire until May 4, 2021.	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country	(a) the foreign citizenship is not in conflict with U.S. national security interests (c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests (e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

It is alleged in the SOR that Applicant exercised his South Korean citizenship by possessing a South Korean passport issued on May 4, 2011, and not scheduled to expire until May 4, 2021.

For Applicant

Foreign Passport Possession or Use

Admitted

(a) applying for and/or acquiring citizenship in any other country

(a) the foreign citizenship is not in conflict with U.S. national security interests

(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

Claimed

Other

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Case Profile

Summary

Why the Applicant Prevailed

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