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Nationality / Naturalization

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Brief introduction of Korean Nationality Laws

DATE
2018-06-30

Korean Nationality Laws




Korean Nationals Who Become Naturalized Citizens of Another Country


When a Korean national becomes a citizen of another country, that individual is no longer a Korean citizen effective on the date recorded on their Certificate of Naturalization.  The individual must personally file renunciation documents, called “Gook Jeok Sang Shil Shin Go,” to the Korean government reporting the change of citizenship.  If the individual does not file the necessary documents, it will appear on Korean Family Registry documents as if this person is still a Korean national.  However, failure to file does not mean that this person is still a Korean citizen or has acquired dual citizenship.  Whether the individual files the day after being naturalized or 20 years after the fact, once the documents are submitted and processed by the Ministry of Justice, the Korean Family Registry will reflect the renunciation date as the same as the one listed on the Certificate of Naturalization.  Failure to formally renounce one’s Korean citizenship after being naturalized in another country may cause issues when applying for visas, marriage or birth registry, and legal matters.

 

Required Documents:

- Application form

Original Certificate of Naturalization

Valid passport of new country of citizenship

1 passport photo

Copy of Korean Family Registry Personal Certificate (Gi-bon Jeungmyeongseo)

Copy of Korean Family Registry Kinship Certificate (Gajok Gwangye Jeungmyeonseo)

Original court-issued Name Change Statement or Decree of Adoption (if name on Certificate of Naturalization differs from Korean Family Registry due to marriage, adoption or legal change)

** A Korean national who has formally renounced their Korean nationality after becoming naturalized in another country may apply to restore their former Korean nationality and become a dual citizen after they turn 65 years old with the intent to reside in Korea.



Persons Born Overseas to One or Two Korean Parents


Korean nationality laws state that a child born anywhere overseas to parents of Korean citizenship might be dual citizens in certain cases even if the birth is not registered in Korea because they have inherited the Korean nationality from their parents.


A child born overseas up to June 13, 1998, automatically follows their father’s country of citizenship.  If the father became naturalized before the child’s birth, the child DOES NOT have dual citizenship.  If the father was a Korean national at the time of the child’s birth, the child IS A DUAL CITIZEN and the birth must be registered in Korea.

 

A child born overseas beginning June 14, 1998, to a father and mother who became naturalized (or never had Korean heritage) before the child’s birth, the child DOES NOT have dual citizenship.  If either the father or mother was a Korean national at the time of the child’s birth, the child IS A DUAL CITIZEN and the birth must be registered in Korea.

 

Once the child is determined to be a dual citizen, the following steps must be taken at the nearest Embassy or Consulate:

1. In the case that one or both parents are naturalized citizens of another country, they must formally renounce their Korean nationality (see above).

2. The parents must register their marriage in Korea.

3. The child’s birth must be registered in Korea.

4. The child may choose to either formally renounce their Korean citizenship, called “Gook Jeok E-tal Shin Go,” or formally file to become a dual citizen for the rest of his or her life.  Once the individual becomes a dual citizen, the Korean nationality cannot be renounced.


 A Korean male must formally renounce his Korean citizenship at an Embassy or Consulate in the country of their birth by March 31st of the year he turns 18 years old.  One or both parents must also be a citizen or permanent resident of the same country of the child’s birth or have had continuously lived in said country with the child for at least 17 years.  If these conditions are not met or the March 31st deadline passes, the male child retains his Korean nationality and will not have another opportunity to renounce his Korean nationality until he turns 38 years old.  In the interim, he must file an extension for his mandatory military service requirement or complete his mandatory military service.  If the military service is completed, he may formally file within 2 years of his discharge to become a dual citizen for the rest of his life or formally renounce his Korean citizenship.

     

    A Korean female may formally renounce her Korean citizenship at an Embassy or Consulate in the country of their birth at any time, but if she should wishes to become a dual citizen for the rest of her life, she must formally file for this privilege by her 22nd birthday.

     

    Required Documents:

    - Application form

    Original birth certificate

    Korean translation of birth certificate

    Valid passport of country of birth

    1 passport photo

    Copy of Korean Family Registry Personal Certificate (Gi-bon Jeungmyeongseo)

    Copy of Korean Family Registry Kinship Certificate (Gajok Gwangye Jeungmyeonseo)

    Father or mother’s: original or Certificates of Naturalization or Korean passport and permanent resident card or Korean passport and proof of residency in foreign country for 17 years.

    Copy of father’s Korean Family Registry Personal Certificate (Gi-bon Jeungmyeongseo)

    Copy of mother’s Korean Family Registry Personal Certificate (Gi-bon Jeungmyeongseo)

    $18 application fee (cash or money order only)


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