Multi Nationalities
People who, by birth or according to the "Nationality Act," have both South Korean and foreign nationality, and meet any of the following conditions (hereinafter referred to as "dual nationals"), are treated as South Korean nationals in the application of South Korean laws
- Those who have pledged not to exercise foreign nationality
- Those who have declared their intent to maintain South Korean nationality to the Minister of Justice within six months of acquiring foreign nationality as a South Korean citizen
- Those who have pledged not to exercise foreign nationality to the Minister of Justice and have re-acquired South Korean nationality, or have pledged not to exercise foreign nationality after re-acquiring foreign nationality
Renouncement of Foreign Nationality for those Unable to Perform Duties while Holding Multiple Nationalities
- If a dual national intends to work in a field where they cannot perform duties while holding foreign nationality according to related laws, they must renounce their foreign nationality.
Choice of Nationality by Dual Nationals
- The "nationality selection system" refers to a system that requires dual nationals, who have both South Korean and foreign nationality due to the reasons specified in the "Nationality Act," to select one nationality within the nationality selection period.
Obligation of Dual Nationals to Choose a Nationality
- Individuals who become dual nationals before turning 20 years old must choose one nationality before they turn 22. Those who become dual nationals after turning 20 must choose one nationality within two years from then. However, this does not apply to dual nationals who have pledged to the Minister of Justice that they will not exercise foreign nationality in South Korea.
- Those enlisted in Preliminary Military Service must select one nationality within three months of enlistment, or within two years of any of the following situations (however, if they want to choose South Korean nationality, they can do so before any of the following situations):
Completion of active duty, full-time reserve duty, supplementary duty, or alternative duty
Enlistment as a wartime labor service
Receiving exemption from military service
Status of maintaining dual citizenship after fulfilling military duties |
Q. I was born in the United States and acquired U.S. citizenship, but I am a Korean man who has fulfilled his military duties in Korea and is about to be discharged. I do not want to give up both nationalities, is there a way? A. Both men and women can choose South Korean nationality before they turn 22, and in lieu of giving up their foreign nationality, they can take a "Pledge of Non-exercise of Foreign Nationality". Even for men, after turning 22, if they have completed their military service through active duty, reserve duty, etc. (excluding exemption from military service, enlisting as a second class citizen, etc.), they can choose South Korean nationality by taking a Pledge of Non-exercise of Foreign Nationality within 2 years after completing their military service, which allows them to maintain dual citizenship. However, persons born overseas are not allowed to take the Pledge of Non-exercise of Foreign Nationality. |
Choosing South Korean Nationality as a Dual National
Methods of Choosing South Korean Nationality
- A dual national who intends to choose South Korean nationality within the prescribed period can renounce their foreign nationality or pledge not to exercise their foreign nationality in South Korea in accordance with the rules set by the Minister of Justice, and declare their intention to choose South Korean nationality to the Minister of Justice.
- A dual national who intends to choose South Korean nationality after the prescribed period can declare their intention to choose South Korean nationality to the Minister of Justice only if they have renounced their foreign nationality.
- However, a person who has completed or is considered to have completed service as active duty, full-time reserve duty, or supplementary duty, can declare their intention to choose South Korean nationality within two years from the time of completion.
- A person who is recognized as having been abroad at the time of birth with the intention of acquiring foreign nationality for their child can declare their intention to choose South Korean nationality only if they have renounced their foreign nationality.
- The phrase "a person who is recognized as having been abroad at the time of birth with the intention of acquiring foreign nationality for their child" refers to a person born while a mother, who lives in South Korea, is staying abroad for the purpose of acquiring foreign nationality for her child after becoming pregnant. However, this does not apply if the father or mother is one of the following
√ Continuously stayed abroad for two years or more, including before and after the child's birth
√ Acquired permanent residency or nationality of a foreign country before or after the child's birth
√ Stayed abroad for a period determined by the Minister of Justice due to socially acceptable reasons such as studying abroad, public service dispatch, overseas residence, or employment at the time of the child's birth
(This implies that these situations are not considered 'birth tourism'). In other words, it means that maintaining dual nationality through a pledge not to exercise foreign nationality is possible when declared within the specified period.
Declaration of Choosing Nationality - A dual national who intends to choose South Korean nationality should complete the procedure of renouncing or losing foreign nationality within the specified period and submit a nationality selection declaration form to the Minister of Justice, or, after pledging not to exercise foreign nationality, submit a nationality selection declaration form to the head of the immigration and foreigner bureau, immigration and foreigner office, branch head of the immigration and foreigner bureau, or branch head of the immigration and foreigner office (hereinafter referred to as "head of the bureau, etc."). In this case, the head of the bureau, etc. should immediately send the received nationality selection declaration form to the Minister of Justice. - A dual national who intends to declare their intention to choose South Korean nationality after the declaration period has passed, or in the case of birth tourism, should complete the procedure of renouncing or losing foreign nationality and submit a nationality selection declaration form as defined by the Ministry of Justice regulations to the Minister of Justice. The nationality selection declaration form must be accompanied by the following documents A certificate on family relationship record details
Documents proving the fact and date of renunciation of foreign nationality or a pledge not to exercise foreign nationality
Documents proving the reason and date of acquisition of foreign nationality and a copy of the foreign passport
Military-related documents proving military service facts (limited to those who pledge not to exercise foreign nationality)
Documents proving that they do not fall under birth tourism as defined by the Minister of Justice (limited to those who pledge not to exercise foreign nationality) - If a dual national who intends to declare their intention to choose South Korean nationality is under the age of 15, their legal representative can act on their behalf. When a representative applies or declares on behalf of them, the representative's name and address must be written on the application or declaration form, and documents proving the relationship with the applicant or declarant must be attached. - If a person intending to declare nationality selection has an address abroad, they can also submit the above documents through the head of the overseas diplomatic mission of the Republic of Korea (referring to the Republic of Korea's embassies, representations, and consulates general in each country). - If the above documents are written in a foreign language, a translation must be attached, and the translator's name and contact details must be written on the translation. - The Minister of Justice must promptly notify the person and the head of the family relationship registration office of the registration base of the fact that the declaration of nationality selection has been accepted.
If a Dual Citizen Wants to Renounce South Korean Nationality
Methods of renounce of South Korean Nationality
- A dual citizen who intends to choose foreign nationality can declare their intention to renounce South Korean nationality to the Minister of Justice through the head of the overseas diplomatic mission of the jurisdiction where their address is located, but only if their address is abroad.
- However, a person who has been incorporated into the Preliminary Military Service can report nationality renunciation within 3 months from the time of incorporation, and within 2 years from the time when any of the following applies:
The time when they have completed or are considered to have completed their service as an active duty soldier, full-time reserve, supplemental, or alternative service member.
The time when they are incorporated into wartime labor service.
The time when they receive a military exemption decision.
- A person who was born while their direct ancestor was residing abroad without the intention of permanent residence can only report nationality renunciation in the following cases related to the fulfillment of military duty
In case they have completed or are considered to have completed their service as an active duty soldier, full-time reserve, or supplemental service member.
In case they are incorporated into wartime labor service.
In case they receive a military exemption decision.
※ 'Person born while their immediate ancestor was staying abroad without the intention to reside' refers to anyone falling under the following A person who was not born while their parent(s) had settled abroad and had acquired foreign citizenship or permanent residency. (For countries that do not adopt the permanent residency system, the longest stay visa or residence permit is regarded as equivalent to permanent residency. For countries that do not use the term citizenship, nationality is considered equivalent.) A person who was not born in any of the following circumstances √ A man born abroad whose parent(s) acquired foreign permanent residency or citizenship after his birth √ A man born while his parent(s) were staying abroad and had applied for foreign permanent residency or citizenship √ A man born abroad whose parent(s) had continuously resided abroad for 17 years or more prior to the declaration of renunciation of nationality. |
Renouncing Nationality Report
- A person who intends to declare their intention to renounce South Korean nationality as a dual citizen must fill out a nationality renunciation report and submit it to the head of the diplomatic mission in charge of their residential jurisdiction. The head of the diplomatic mission must send it to the Minister of Justice without delay.
· The nationality renunciation report should be accompanied by the following documents
√ Certificate of family relationship
√ Document proving that foreign nationality has been acquired or is being held
√ Document proving the reason and date of acquiring foreign nationality
√ For males intending to renounce nationality before March 31 of the year they turn 18, a document proving that they do not fall under the category of being born while their direct ancestor was residing abroad without the intention of permanent residence, as specified by the Minister of Justice
√ For males intending to renounce nationality after April 1 of the year they turn 18, a document proving one of the following regarding the fulfillment of military duty (only submitted when it cannot be verified with a medical certificate)
1. In case they have completed or are deemed to have completed their service as an active duty, full-time reserve, or supplemental service member
2. In case they are incorporated into wartime labor service
3. In case they received a military exemption decision
Certificate Of Military Registration (only submitted if the declarant does not agree to verify the content through the shared use of administrative information)
- If these documents are written in a foreign language, a translated document must be attached, and the translator's name and contact information must be written on the translated document.
- If a person intending to declare their intention to renounce South Korean nationality as a dual citizen is under 15 years old, a legal representative can do it on their behalf. In this case, the legal representative not only needs to submit the above documents but also must write their name, address, and relationship with the declarant on the nationality renunciation report and attach a document proving that relationship.
- If the person intending to renounce their nationality resides abroad, they can also submit these documents through the head of the South Korean diplomatic mission (meaning the South Korean embassies, representative offices, and consulates general located in various countries) in charge of their residential jurisdiction.
Nationality Selection Order for Dual Citizens
- The Minister of Justice must order a person who did not select a nationality within the specified period as a dual citizen to select one nationality within one year.
- The Minister of Justice may order a dual citizen who pledged not to exercise foreign nationality in South Korea, but significantly violates that pledge, to select one nationality within six months.
'Significantly violating the pledge' refers to a person who has pledged not to exercise foreign nationality committing any of the following actions
√ Repeatedly departing and entering South Korea with a foreign passport
√ Registering as a foreigner or reporting residence with the intention of exercising foreign nationality
√ Without justifiable reasons, using a foreign passport in South Korea to claim or attempt to claim rights as a foreigner against the state, local self-governing entities, public institutions, public organizations, or educational institutions
Nationality Selection Order Procedure
- When the Minister of Justice orders nationality selection, the nationality selection order should be directly delivered to the person or sent by registered mail. However, if it is difficult to directly deliver or send it to the person, it should be delivered or sent to a family member or actual supporter.
- If it is difficult to deliver or send the nationality selection order due to unknown whereabouts, etc., it should be announced in an official gazette, and its effect occurs 14 days after the announcement.
Renouncing Foreign Nationality
- A person who has received a nationality selection order and wishes to choose South Korean nationality must renounce their foreign nationality.
Losing South Korean Nationality
- If a person who has received a nationality selection order does not follow it, they lose South Korean nationality when that period expires.