South Korean nationality law defines who is a South Korean citizen, as well as the procedures by which one may be naturalized into South Korean citizenship or renounce it.
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South Korean nationality can be acquired in a number of ways:[1]
Under the Constitution of the Republic of Korea, Koreans from North Korea are also recognized as Republic of Korea nationals. However, in practice, a formal evaluation needs to take place which requires documentary proof of North Korean nationality.[3] Additionally, Koreans from North Korea do not have automatic protection from the Republic of Korea per se, since those with criminal histories are not accepted as South Korean citizens.[4]
Additionally, Korean law legally defines the term Overseas Korean as referring to Republic of Korea nationals who reside overseas as well as Koreans with a Foreign Nationality. The later group is composed of former Korean nationals who gave up Korean nationality (but barring those who did so to deliberately evade military service, at least until age 36) and children and grandchildren of former Korean nationals.[5][6] It is important to note that not every descendant of a Korean can be counted as an Overseas Korean or Korean with a Foreign Nationality under this law. For example, a 25 year old man who was born a Korean national overseas but whose birth was unreported will have no documentation to prove his status as a former Korean national, and can only gain status as an Overseas Korean if one of his parents or grandparents gave up Korean nationality.[7] Also, those who fall under Article 7 of the Addenda (Special Cases of Acquisition of Nationality for Persons of Maternal Line By Adoption of Jus Sanguinis to Both Lines of Parents) but failed to acquire Korean nationality are not able to gain the status of an Overseas Korean unless the mother or a maternal grandparent has lost Korean nationality.
Koreans in Japan who have South Korean nationality and Special Permanent Residence in Japan do not have a Resident registration number and can not apply for a new passport from a South Korean embassy while outside Japan.[8]
There are three types of naturalization under South Korean law:
Those who acquire Korean nationality by naturalization normally must give up foreign nationality within six months or forfeit Korean nationality. An exception to this is draft-age males, who must complete or be exempted from military service before being allowed to forfeit Korean nationality.[13]
Former Korean nationals can reacquire Korean nationality by applying for reacquistion of nationality. However, this will reinstate the military service duty, if applicable to the national, and also requires forfeiting any foreign nationality within 6 months.[14]
In 2010 the South Korean Government legalized dual citizenship for some South Koreans who have acquired another nationality/citizenship, as well as foreigners who lived in South Korea for five years (two years if married to a Korean).[15]
A revised nationality law passed on April 21, 2010, by the National Assembly of South Korea and in effect since January 1, 2011, granted a limited number of persons dual citizenship.[16]
These persons include:
There are transitional provisions for those who fit under the first category but had already forfeited one nationality.
As of December 2010, an application for dual citizenship can only be made inside the Republic of Korea and requires the applicant to currently hold an F-series visa.[20] This would normally be an F-5 visa (Permanent Residency) or an F-4 visa (for former Korean nationals and their descendants, including Korean adoptees) or F-2 or F-3 visa (for spouses of Korean nationals).
Prior to 2011, the Government of the Republic of Korea did not permit dual citizenship after the age of 21. Koreans with dual citizenship under South Korean law who work or study in South Korea were legally obliged by the Republic of Korea to choose one or the other citizenship soon after reaching that age.
In addition, South Korean men over the age of 18, including Koreans with foreign citizenship, were subject to compulsory military service. From a law that was effective since 2005, a dual citizen could not be allowed to abandon his Republic of Korea citizenship until he finished his military service, or had received a special exemption from military service. In several cases, men of South Korean descent holding U.S. citizenship visiting from overseas had been drafted upon visiting the country, despite having never been there before and not having Korean citizenship. At least two of the aforementioned cases had involved individuals whose names had been recorded on the Korean Family Census Register (See Hoju), which does not automatically remove the names of former South Korean citizens, without their knowledge[21]