Determination of Nationality of Ethnic Koreans of Foreign Nationality
Concept of Determination of Nationality- "Determination of nationality" refers to the process through which an individual whose acquisition or possession of Korean nationality is unclear is, at his or her own application, screened by the Minister of Justice for determination of nationality (Paragraph 1 of Article 20 of the Nationality Act).
Application for Determination of Nationality- Any individual seeking a determination of nationality shall submit the following documents to the head of an immigration office or its branch office (hereinafter referred to as the "head of an immigration office, etc.") (Article 23(1) of the Enforcement Decree of the Nationality Act and Article 15 and Attached Form 11 of the Enforcement Rule of the Nationality Act).
· Application for determination of nationality
· A certificate of records of family relations of the applicant or a relative residing in Korea, or a document which proves the applicant's lineage at the time of his or her birth
· If the applicant has at any time acquired a foreign nationality, a document corroborating such fact (copy of passport issued by said country) or a report on the acquisition of said foreign nationality
· For an individual who has an address or residence in Korea from entering Korea after residing in a foreign country, a copy of the foreign passport or travel document used for entry or an entry permit
· Document required for notification of determination of nationality or creation of a family relations register in accordance with Article 98 of the Act on Registration of Family Relations, Etc.
· Other documents that serve as a reference in determination of nationality
Review and Determination- The Minister of Justice shall review the following pertaining to an individual who applies for a determination of nationality and determine whether said individual maintains his or her Korean nationality at the present time (Paragraph 3 of Article 24 of the Enforcement Decree of the Nationality Act).
· Lineage
· Circumstances of overseas emigration
· Acquisition of Korean nationality
· Loss of Korean nationality from voluntary acquisition of a foreign nationality after acquiring Korean nationality
- An individual who is determined as having maintained his or her Korean nationality can establish a registration of family relations in accordance with the Act on Registration of Family Relations, Etc. without following a separate procedure of acquisition of Korean nationality (Paragraph 5 of Article 24 of the Enforcement Decree of the Nationality Act).
- An individual determined as not maintaining his or her Korean nationality is a foreign national and must follow a separate procedure of recovery of nationality or naturalization.