★Renunciation of Korean Nationality ★
1. Nationality Act of the Republic of Korea
□ Nationality Act Article 14 (Renunciation procedure of Korean nationality) · Those with dual nationality that wish to choose foreign nationality can declare their intention to renounce Korean · However, those that apply to the following condition in regards to fulfillment of military duty can only apply for □ Nationality Act Article 12 (Obligation to choose nationality by people with dual nationality) · Those that have acquired Korean and foreign nationality before turning 20 by provisions of birth or other laws · Failure to adhere to the above provisions will result in loss of their Korean nationality. |
○ Dual nationality holders (people that have acquired both Korean and foreign nationality before turning 20 by provisions of birth or other laws) that wish to choose foreign nationality can apply for renunciation of Korean nationality until they turn 22.
○ Men listed on Korean family register that are classified (as of January 1st of the year that they turn 18) as 1st class national service in accordance to the military service laws but haven’t completed military service or was otherwise exempt from it, can apply for renunciation of Korean nationality until two years after the date when they become immune to the military service laws. (Applicable only if that date is after their 20th birthday)
○ In other words, men with dual nationality due to birth, etc. who are listed on Korean family register (birthplace: foreign country),
- Must renounce or choose Korean nationality by March 31 of the year he turns 18 (which is when they become classified as 1st national service by provisions of military service law)
- Or if they failed to do so, the nationality selection period will be extended until completion of active / employed / supplemented military service, receiving exemption from military service altogether, or when classified as 2nd national service. After this point, they must renounce or choose Korean nationality within 2 years
- In case the nationality renunciation or choice is not made within that time period (2 years), Korean nationality is automatically canceled, and they must apply for recovery of nationality permit along with application of loss of nationality.
2. Renunciation procedure
(1) When renunciation of Korean nationality is possible for dual nationality holders, given birth by parents that had no intentions of permanent residence in Korea, to renounce Korean nationality by March 31st of the year they turn 18
1) Those born in the country where either parent has its nationality or a permanent residence status
- Those applying for renunciation of Korean nationality must provide proof of their birthplace on paper, such as the copy of permanent residence card or citizenship card of applicable parent, birth certificate issued by the country concerned or other equivalent documents.
2) Those born in a foreign country where either parent has acquired its nationality or permanent residence status
- Those applying renunciation of Korean nationality must prove this fact by documents such as A copy of permanent residence card or citizenship card of the said parent, the birth certificate issued by organization of the country concerned or equivalent documents.
3) Those born in a foreign country concerned while either parent has applied for its nationality or permanent residence status.
- Those applying renunciation of Korean nationality must prove this fact by documents such as A copy of permanent residence card or citizenship card of the said parent, the birth certificate issued by organization of the country concerned or equivalent documents.
4) Those born in a foreign country where either country has applied for its nationality of permanent residence status after they were born
- Those applying renunciation of Korean nationality must prove this fact by documents such as the copy of submitted receipts related to application permanent residence card or citizenship card of the father or the mother, the birth certificate issued by organization of the country concerned and equivalent documents, country concerned and equivalent documents.
5) Those born in a foreign country where either parent has resided in it for over 17 years at the time of their renunciation of Korean nationality.
- Those applying renunciation of Korean nationality must prove this fact by documents such as the public document(or copy)stating that the father or the mother has resided for more than 17 years after his birth and the birth certificate issued by organization of the country concerned and equivalent documents.
(2) Applicant
▶ Must be applied by the subject as a rule
1) Those under 15 years of age
- Must be applied by legal attorney (either parent). Applicant’s grandparent /brothers/ sisters may apply in their stead.
2) Those over 15 years of age
- Must be applied by him/her self.
(3) Application Center
▶ Those with foreign address may file the report to the head of Korean Embassies or consulates overseas.
(4) Submission Documents
①Renunciation Report Form (Renunciation Form 1)
②One Passport Photo(2" by 2")
③Renunciation Report Confirmation From (Renunciation Form 2)
④Proof of Residency Abroad Form (Renunciation Form 3)
⑤Same Name Verification Form (Renunciation Form 4)
⑥U.S Birth Certificate
⑦Child’s US passport(must be valid for more than 1 year)
⑧Parents with U.S. Permanent Residency: Korean passport and Green card
(both of the parents must provide valid passports and green cards)
⑨Parents with U.S. Citizenship: U.S. passport and Naturalization certificate(Birth
certificate)
(both of the parents must provide valid passports and naturalization or birth certificate)
⑩Child’s Basic Certificate
⑪Child’s Family Relation Certificate
⑫Father’s Basic Certificate
⑬Mother’s Basic Certificate
※⑩⑪⑫⑬ are can be applied at the Consulate
⑭Prepaid/self addressed return envelope with 2 regular U.S.P.S. stamps affixed on it
⑮Processing Fee: $ 20.00
(5) Processing time
▶ upto 12 months or more
3. Note
※ If any of the parents became a naturalized U.S. citizen after the child was born and have not filed the Loss of Nationality Report, it must be submitted along with the child’s Renunciation report.
※Military Service Record Certificate is required for males who have completed or exempted from the service
※ All supporting documents and identifications must be original to verify the authenticity, then you will be allowed to submit photocopies of them. The Ministry of Justice may request additional documents during the application review process.
※ When the applicantion is submitted on behalf of the applicant, the proxy(should be immediate family members: parents;spouse) must bring along their most current valid passport, naturalization certificate, green card, and a proof of their relationship along with the applicant’s original documents. This is only allowed when the applicant is under 15 years of age.
