"Article 7 of the Nationality Law" states that special contributors with significant contributions to the Republic of Korea can be granted naturalization even if they do not meet the general naturalization requirements.
Special Contributors (Independence Patriots and National Merit Persons) Special Naturalization/Nationality Restoration Targets
Based on the "Enforcement Decree of the Nationality Law" Article 6, the targets include 1. The applicant themselves, their spouse, or their direct ascendants or descendants who are independence patriots or national merit persons 2. People who have contributed to the national interest of the Republic of Korea in various fields such as national security, society, economy, education, or culture 3. Others who the Minister of Justice recognizes as having equivalent contributions to items 1 and 2 Additionally, "Guidelines for the Nationality Restoration of Foreign Nationals of Korean Descent" Article 7 (Special Cases for Independence Patriots, etc.) states 'The Minister of Justice may, upon request for acquisition of Korean nationality by foreign nationals of Korean descent who are independence patriots, national merit persons, and their relatives, grant nationality restoration or naturalization after consultation with the Ministry of Patriots and Veterans Affairs, within the scope not contrary to the Nationality Laws, notwithstanding the provisions of Articles 5 and 8.' Today, I will post about special naturalization/nationality restoration for applicants or their spouses or direct ascendants or descendants who are independence patriots and national merit persons. First, let's define independence patriots and national merit persons.
1. Independence Patriots
Independence patriots refer to those recognized under the "Act on the Honor and Support of Independence Patriots" Article 4, divided into martyrs and patriotic activists. 1. Martyrs: Those who opposed Japan's colonial rule from before and up to August 14, 1945, domestically or abroad, and died due to their opposition or resistance, having been awarded the National Foundation Medal, National Foundation Commendation, or the Presidential Commendation for their contributions 2. Patriotic Activists: Those who have facts of opposing Japan's colonial rule from before and up to August 14, 1945, domestically or abroad, and have been awarded the National Foundation Medal, National Foundation Commendation, or the Presidential Commendation for their contributions
2. National Merit Persons
National merit persons refer to those recognized under the "Act on the Honor and Assistance to National Merit Persons" Article 4, including
1. Martyrs: Defined under the "Act on the Honor and Support of Independence Patriots" Article 4, Item 1 |
2. Patriotic Activists: Defined under the "Act on the Honor and Support of Independence Patriots" Article 4, Item 2 |
3. Fallen Soldiers (Posthumous Military Personnel): Military personnel or police officers who died in battle or due to duties equivalent to combat |
4. Wounded Soldiers (Posthumous Military Personnel): Military personnel or police officers who were injured in battle or due to duties equivalent to combat and were discharged or retired within 6 months, or are about to retire, with a disability rating determined by the Minister of Patriots and Veterans Affairs |
5. Deceased Officials (Posthumous Government Officials): Military personnel, police, or firefighters who died due to duties directly related to national defense, security, or protection of citizens' lives and property (including those who died from diseases) |
6. Wounded Officials (Injured Government Officials): Military personnel, police, or firefighters injured during duties directly related to national defense, security, or protection of citizens' lives and property (including diseases) and retired or are about to retire within 6 months, with a disability rating determined by the Minister of Patriots and Veterans Affairs |
7. Recipients of the Order of Military Merit (Military Merit Decorated Individuals): Individuals who have received the Order of Military Merit. However, public officials defined under the "State Public Officials Act" Article 2 and "Local Public Officials Act" Article 2 who received the Order of Military Merit are only applicable if they retired or resigned. |
8. Recipients of the Order of National Security Merit (National Security Merit Decorated Individuals): Individuals who fall under any of the following categories for receiving the Order of National Security Merit: a. Military personnel who received the Order of National Security Merit and retired b. Non-military individuals who received the Order of National Security Merit for reasons such as espionage arrest, weapons development, or other reasons defined by Presidential Decree. However, public officials (excluding military personnel) and employees who are routinely engaged in public duties at the national or local government level and received the Order of National Security Merit for reasons such as espionage arrest are only applicable if they retired. |
9. Korean War Veterans Residing in Japan: Korean nationals who were residing in Japan and voluntarily enlisted in the Korean military or UN forces to participate in the Korean War between June 25, 1950, and July 27, 1953, and were discharged (excluding those who were dismissed or received a sentence) |
10. War Veterans: Individuals who fall under Article 2, Paragraph 2 of the "Act on the Treatment and Establishment of Associations for War Veterans" and meet one of the following criteria a. Registered according to Article 5 of the "Act on the Treatment and Establishment of Associations for War Veterans." b. Registered according to Article 4 or Article 7 of the "Act on Support for Patients with Agent Orange and Other Diseases." |
11. April 19 Revolution Martyrs: Individuals who participated in the revolution around April 19, 1960, and died. |
12. April 19 Revolution Wounded: Individuals who participated in the revolution around April 19, 1960, were injured, and the degree of disability was determined by a physical examination conducted by the Minister of Patriots and Veterans Affairs. |
13. April 19 Revolution Contributors: Individuals who participated in the revolution around April 19, 1960, did not fall under the categories of martyrs or wounded, and received a National Foundation Medal. |
14. Public Officials Killed in the Line of Duty: Public officials defined by the "State Public Officials Act" and the "Local Public Officials Act" (excluding military and police or fire service officers) and employees of the state or local governments who perform public duties on a daily basis, who died during duties directly related to the protection of lives and property of citizens (including those who died from diseases). |
15. Public Officials Injured in the Line of Duty: Public officials defined by the "State Public Officials Act" and the "Local Public Officials Act" (excluding military and police or fire service officers) and employees of the state or local governments who perform public duties on a daily basis, who were injured during duties directly related to the protection of lives and property of citizens (including diseases) and retired or will retire within 6 months, with the degree of disability determined by a physical examination conducted by the Minister of Patriots and Veterans Affairs. |
16. Special Contributors to National and Social Development Who Died in the Line of Duty: Individuals with significant contributions to national and social development who died related to their contributions and were decided as applicable subjects by the Cabinet. |
17. Special Contributors to National and Social Development Who Were Injured: Individuals with significant contributions to national and social development who were injured related to their contributions, with the degree of injury determined by a physical examination conducted by the Minister of Patriots and Veterans Affairs and were decided as applicable subjects by the Cabinet. |
18. Special Contributors to National and Social Development: Individuals with significant contributions to national and social development who do not fall under the categories of died in the line of duty or were injured, and were decided as applicable subjects by the Cabinet. |
Required Documents for Special Naturalization/Nationality Recovery Application for Descendants of National Contributors and Independence Activists
① Naturalization Permit Application or Recovery Permit Application (attach passport photo), exemption from fees ② Document proving foreign nationality - Original and copy of passport, etc. - Original and copy of foreign registration card, domestic residence report card, or permanent residence card - For ethnic Koreans from China: Copy of Chinese resident identity card, household register (original must be presented for each) ③ Documents needed for family relationship registration - 자Handwritten family relationship notification form - Documents proving status information such as parents, spouse, children, marital status, or adoption - For ethnic Koreans, when specifying a Korean-style pronunciation of the name instead of the original, documents issued by the People's Republic of China proving ethnic Korean identity - Documents proving birth date if specifying a new birth date, such as a certificate issued by the embassy or consulate of the original nationality country ④ Documents proving special contributor status - Copy of medal or award certificate (original must be presented) - Certificate of Independence Activist or National Contributor issued by the Ministry of Patriots and Veterans Affairs (original must be presented) - 유Family tree, family relationship certificate (birth certificate, death certificate, cremation certificate, school enrollment record, etc.), genealogy, photos, etc., that can prove the relationship with the recognized contributor (Family relationship documents must be submitted as 'detailed certificates') - Domestic documents: Family register extract or certified copy of archived family register - DNA test results confirming blood relation with already recognized descendants, domestic and international family statements and opinions