The procedure for nationality restoration is as follows.
How to apply
- The application for nationality restoration permission must be made directly by the individual (limited to those aged 15 and above). (The main body of Article 25-2 (1) of the Enforcement Decree of the Nationality Act)
- For an applicant under the age of 15, a legal representative can apply on their behalf, and their name and address should be mentioned on the application form. In addition, documents proving the relationship with the applicant should be attached (Article 19 of the Nationality Act; Article 25-2(2) of the Enforcement Decree of the Nationality Act).
Required documents
- Foreigners seeking nationality restoration permission must submit the following documents to the office head, etc. (Article 9(5) of the Nationality Act; Article 8(1) of the Enforcement Decree of the Nationality Act; and Article 6 and attached Form No. 3 of the Enforcement Rules of the Nationality Act):
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Required Documents
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▪ Application for nationality restoration permission ▪ Certificate of family relationship records, a copy of the family register, or other documents proving that the individual was a national of the Republic of Korea ▪ Documents proving the reason and date for the loss of nationality (if foreign nationality was acquired, documents proving the reason and date of such acquisition) ▪ Documents proving the relationship, if someone is applying for concurrent acquisition ▪ Documents specified by the Minister of Justice, necessary for notification of nationality restoration permission and writing in the family relationship registry ▪ Documents specified by the Minister of Justice proving any of the facts listed in Article 10(2)2 to 4 of the Nationality Act (applicable only to those who pledge not to exercise foreign nationality)
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※ If the submitted documents concerning the report above are in a foreign language, they must be accompanied by a translation, including the translator’s name and contact details (Article 16 of the Enforcement Rules of the Nationality Act).
- Individuals with a foreign address wishing to apply for nationality restoration permission can also submit documents through the head of the overseas diplomatic mission (meaning embassies, delegations, and consulates-general) under whose jurisdiction they reside (Article 25(1)2 of the Enforcement Decree of the Nationality Act; Article 2 of the Act on the Establishment of Diplomatic Missions Abroad of the Republic of Korea).
※ For detailed documents required for the nationality restoration application, please check the <
Hi Korea website> or contact the Foreigner’s Comprehensive Information Center (☎1345).
Fees
- When applying for nationality restoration permission, a fee of KRW 200,000 per person (excluding concurrent acquirers) must be paid (Article 24(1) of the Nationality Act; Article 18(1)2 of the Enforcement Rules of the Nationality Act).
※ The fee should be paid through government revenue stamps equivalent to the amount. However, at diplomatic missions abroad, it can be paid in cash, foreign currency equivalent to the amount, or tokens proving the payment (Article 24(3) of the Nationality Act; Article 18(2) of the Enforcement Rules of the Nationality Act).
- Additionally, considering humanitarian reasons, etc., if the Minister of Justice deems it necessary, the fee can be exempted (Article 24(3) of the Nationality Act; Article 18(3)4 of the Enforcement Rules of the Nationality Act).
Review of nationality restoration requirements
- When examining the nationality restoration requirements of an applicant, the Minister of Justice can request related agency heads for identity verification, criminal background checks, health examinations, or residence trend surveys on the applicant, or seek opinions on other necessary matters (Article 9(1) of the Enforcement Decree of the Nationality Act).
- The Minister of Justice may also require the nationality restoration applicant to make a statement or submit supplementary documents if needed (Article 9(2) of the Enforcement Decree of the Nationality Act).
Oath of citizenship and grant of nationality restoration certificate
- If the Minister of Justice grants permission for nationality restoration, they must specify a time and place to receive the oath of citizenship and grant the certificate of nationality restoration. The individual who has been granted nationality restoration permission must be notified to attend at the designated time and place (Articles 9-2 and 4-4(1) of the Enforcement Decree of the Nationality Act).
※ The content of the oath of citizenship is: “I solemnly swear to uphold the Constitution and laws of the Republic of Korea as a proud citizen of the Republic of Korea and fulfill the citizen‘s responsibilities and duties.” (Articles 9-2 and 4-5(1) of the Enforcement Decree of the Nationality Act).
- Individuals who receive the notice but cannot attend the designated time and place because of unavoidable reasons such as illness or accident must submit a written document (hereinafter “document specifying the non-attendance reason”), detailing the reason for non-attendance and possible attendance schedule to the Minister of Justice by the day before the designated date (Articles 9-2 and 4-4(2) of the Enforcement Decree of the Nationality Act).
- Upon receiving the document specifying the non-attendance reason, the Minister of Justice must, within 1 month, specify a new time and place to receive the oath of citizenship and grant the certificate of nationality restoration, and notify the person who has been granted nationality restoration permission to attend (Articles 9-2 and 4-4(3) of the Enforcement Decree of the Nationality Act).
- The following individuals are exempted from the oath of citizenship (Articles 9-2 and 4-5(2) of the Enforcement Decree of the Nationality Act):
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Exemption from the Oath of Citizenship
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1. Individuals under the age of 15 at the time of the oath 2. Individuals with brain disorders, intellectual disabilities, or autism, as recognized by the Minister of Justice 3. Any other individuals corresponding to 2 above as recognized by the Minister of Justice.
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Official gazette announcement and notification
- When a nationality restoration applicant acquires nationality, the Minister of Justice must promptly notify the head of the family registration office of the registration district and announce it in the official gazette (Article 10 of the Enforcement Decree of the Nationality Act).
Renunciation of foreign nationality or pledge not to exercise foreign nationality
- Within 1 year of acquiring the nationality of the Republic of Korea, foreign nationals who still hold a foreign nationality must either renounce that foreign nationality or pledge to the Minister of Justice not to exercise that foreign nationality in the Republic of Korea (hereinafter “pledge not to exercise foreign nationality) (see Article 10(1) and (2) of the Nationality Act).
- Those who do not renounce their foreign nationality or make the pledge not to exercise foreign nationality within 1 year will lose the nationality of the Republic of Korea once that period has passed (Article 10(3) of the Nationality Act).
Nationality restoration permission may be restricted or canceled.
Restriction on nationality restoration permission
- Individuals falling under any of the following categories cannot receive nationality restoration permission (Article 9(2) of the Nationality Act):
· Individuals who have caused harm to the state or society;
· Individuals with poor conduct;
· Individuals who lost or renounced the nationality of the Republic of Korea with the intention of avoiding military service; or
· Individuals whom the Minister of Justice deems inappropriate for nationality restoration in the interest of national security, maintaining order, or public welfare.
Cancelation of nationality restoration permission
- The nationality restoration permission may be canceled for individuals that fit any of the following conditions (Article 21 of the Nationality Act; Article 27(1) of the Enforcement Decree of the Nationality Act):
· Individuals who have been finally convicted of forging or altering identity-related documents or submitting forged or altered documents to obtain nationality restoration permission;
· Individuals who acquired the nationality of the Republic of Korea through marriage or adoption but have been finally convicted because of the act or report that led to the acquisition of nationality;
· Individuals who have had a final ruling of nullity or cancelation regarding the legal relationship that caused their acquisition of the nationality of the Republic of Korea; or
· Individuals with serious defects in their nationality restoration permission application.
Provision of opportunity to explain
- The Minister of Justice must provide the party with an opportunity to explain before canceling the nationality restoration permit. However, this is not the case if the whereabouts of the party are unknown or if the party fails to comply with the request to submit explanatory material twice or more without a valid reason (Article 27(2) of the Enforcement Decree of the Nationality Act).
Notification and public notice of permit cancelation
- Upon canceling the nationality restoration permit, the Minister of Justice must immediately notify the person concerned and the head of the family relationship registration office of the standard registration area and must also publish it in the Official Gazette (Article 21(2) of the Nationality Act; Article 27(3) of the Enforcement Decree of the Nationality Act).