South Korean nationality law


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.

Acquisition of nationality

South Korean nationality is automatically acquired in a number of ways:
Under the Constitution of South Korea, North Korean citizens are also recognized as South Korean nationals. However, in practice, a formal evaluation needs to take place which requires documentary proof of North Korean nationality. Additionally, North Korean citizens do not have automatic protection from South Korea per se, since those with criminal histories are not accepted as South Korean citizens.

Korean diaspora

Separate from the Nationality Law, the Overseas Koreans Law defines the term "Overseas Korean" as referring to South Korean nationals who reside overseas as well as "Koreans with a Foreign Nationality." The latter group is composed of former South Korean nationals who gave up their South Korean nationality and children and grandchildren of former South Korean nationals. It is important to note that not every descendant of a South 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 South Korean national overseas but whose birth was unreported will have no documentation to prove his status as a former South Korean national, and can only gain status as an Overseas Korean if one of his parents or grandparents gave up South Korean nationality. Also, those who fall under Article 7 of the Addenda but failed to acquire South Korean nationality are not able to gain the status of an Overseas Korean unless the mother or a maternal grandparent has lost South Korean nationality.
Koreans in Japan who have South Korean nationality and Special Permanent Residence in Japan do not have a Resident registration number and cannot apply for a new passport from a South Korean embassy while outside Japan.

Naturalization

There are three types of naturalization under South Korean law:
  1. General naturalization
  2. :An applicant:
  3. :*Must have had domicile in South Korea for more than five consecutive years.
  4. :*Must be a legal adult.
  5. :*Must be of good conduct.
  6. :*Must have the ability to maintain a living on their own assets or skills, or be a dependent member of a family capable of such.
  7. :*Must have basic knowledge befitting a South Korean national, such as an understanding of the Korean language, customs, and culture.
  8. Simple naturalization
  9. :An applicant:
  10. :*Must be legally adult.
  11. :*Must be of good conduct.
  12. :*Must have the ability to maintain a living based on their own assets or skills, or be a dependent member of a family capable of such.
  13. :*Must have basic knowledge befitting a South Korean national, such as an understanding of the Korean language, customs, and culture.
  14. :*Must have had domicile in South Korea for more than three consecutive years.
  15. :*Be either:
  16. :**Those whose either parent have been a South Korean national in the past, but have since abandoned it for a foreign nationality.
  17. :**Born in South Korea, whose either parent was also born in South Korea.
  18. :**Adopted children of a South Korean national, who was of a legal adult age according to Korean Civil Law at the time of adoption.
  19. :**Foreign spouse of a South Korean national who either for the past two or more consecutive years, maintained marriage status with the spouse and kept residence in Korea, or for the past three or more consecutive years, maintained marriage status and have spent more than one year in Korea.
  20. Special Naturalization
  21. :There are many forms of special naturalization, with different requirements. However, the basic requirements are:
  22. :*Must be of good conduct.
  23. :*Must have basic knowledge befitting a South Korean national, such as an understanding of the Korean language, customs, and culture.
  24. :*Foreigners with at least one parent of South Korean nationality, except foster children who were adopted after they have become adults according to South Korean civil law.
Those who acquire South Korean nationality by naturalization normally must give up foreign nationality within six months or forfeit South 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.
The first person to naturalize as a South Korean citizen was a Taiwanese immigrant in 1957. From then until 2000, there were an average of just 34 naturalizations per year. In the decade that followed, these numbers increased sharply to an average of 9,816 per year, and by January 2011 the cumulative number of naturalized citizens over the years had reached 100,000. Chinese immigrants formed 79% of these, followed by Vietnamese, Filipinos, and Taiwanese.
Former South Korean nationals can reacquire South Korean nationality by applying for re-acquisition 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.

Visa free travel

Visa requirements for South Korean citizens are administrative entry restrictions by the authorities of other states placed on citizens of Republic of Korea. In 2014, South Korean citizens have visa-free or visa on arrival access to 172 countries and territories, ranking the South Korean passport 8th in the world according to the Visa Restrictions Index.

Dual citizenship

Current policy

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.
A revised nationality law passed on 21 April 2010, by the National Assembly of South Korea and in effect since 1 January 2011, granted a limited number of persons dual citizenship.
These persons include:
However, the "foreign marriage migrants" clause does not apply to countries like the United States, Canada, or any other country where the citizenship is not immediately contingent upon marriage. Most countries require the individual to apply for citizenship, even after marriage. This form of citizenship acquisition is interpreted as a desire to relinquish their Korean equivalent. As a result, South Korea technically allows dual citizenship for those whose dual-citizen status is not of their own volition. For example, birthright citizenship would fall under the category of "South Koreans with preexisting multiple nationalities" clause.
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. This would normally be an F-5 visa or an F-4 visa or F-2 or F-6 visa. In the case of South Korean adoptees living abroad, application to restore Korean citizenship, and thus obtain dual nationality, shall only be made while living in the Republic of Korea.
Dual citizenship holders:
South Korea's first nationality law, Law No. 16, was enacted by the 1st Constituent Assembly, and took effect on 20 December 1948. The most recent total amendment of the law, Law No. 8435, was enacted by the 17th National Assembly and took effect on 17 May 2007.
Prior to 2011, the South Korean government 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 South Korea to choose one or the other citizenship soon after reaching that age.
In addition, South Korean men over the age of 18, including men born overseas to a parent with South Korean citizenship, were subject to compulsory military service in the South Korean armed forces. From a law that was effective since 2005, a male dual citizen could not be allowed to abandon his South Korean citizenship until he finished his military service, or had received a special exemption from military service. In several cases, American men of South Korean descent had been drafted into the South Korean army upon visiting the country, despite having never been to South Korea before. At least two of the aforementioned cases had involved individuals whose names had, without their knowledge, been recorded in the Hoju, the South Korean Family Census Register, which does not automatically remove the names of former South Korean citizens.