Multiple nationals must choose one nationality within a certain period.
Legal status of multiple nationals
- A “multiple national” refers to someone who, because of birth or other reasons under the Nationality Act, possesses both the Republic of Korea and a foreign nationality. In the application of Korean laws, they are treated solely as nationals of the Republic of Korea (see Article 11-2(1) of the Nationality Act; Article 16(1) of the Enforcement Decree of the Nationality Act).
· Those who have acquired the nationality of the Republic of Korea and have made a pledge not to exercise foreign nationality
· Nationals of the Republic of Korea who acquired foreign nationality and reported to the Minister of Justice their intention to retain the nationality of the Republic of Korea within 6 months
·Those who, according to Article 2(1) of the supplementary provisions of the Nationality Act (Law No. 10275), pledged to the Minister of Justice not to exercise their foreign nationality and reacquired nationality of the Republic of Korea or reacquired a foreign nationality and then pledged not to exercise that foreign nationality
- Multiple nationals who wish to work in fields where they cannot perform duties while possessing a foreign nationality under relevant laws must renounce their foreign nationality (Article 11-2(2) of the Nationality Act).
Deadline for multiple nationals to choose nationality
- Individuals who became multiple nationals before turning 20 must choose one nationality before turning 22, while those who became multiple nationals after turning 20 must do so within 2 years from that time. However, multiple nationals who have pledged to the Minister of Justice not to exercise their foreign nationality in the Republic of Korea are excluded (Article 12(1) of the Nationality Act).
- Individuals incorporated into military reserve duty must choose one nationality within 3 months from the time of their incorporation or within 2 years from any of the following situations. However, if they wish to choose the nationality of the Republic of Korea, they can do so even before these situations occur (see Article 12(2) and (3) of the Nationality Act):
· After completing their service as active-duty, full-time reserve, supplementary, or alternative military service;
· When incorporated into wartime labor service; or
· When granted exemption from military service.
If multiple nationals do not choose a nationality, they will be ordered to do so.
Order to choose nationality
- The Minister of Justice must order multiple nationals who did not choose a nationality within the aforementioned period to select one within a year (Article 14-3(1) of the Nationality Act).
- The Minister of Justice may order a multiple national who has pledged not to exercise their foreign nationality in the Republic of Korea and then acts significantly contrary to that pledge to select one nationality within 6 months (Article 14-3(2) of the Nationality Act).
- “Acts significantly contrary to the pledge” refers to any of the following actions by those who have pledged not to exercise foreign nationality (Article 18-4(4) of the Enforcement Decree of the Nationality Act):
Acts significantly contrary to the pledge not to exercise foreign nationality
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▪ Repeatedly entering or leaving the Republic of Korea using a foreign passport ▪ Registering as a foreigner or notifying residence with the intent to exercise foreign nationality ▪ Without a valid reason, attempting or exercising rights as a foreigner in the Republic of Korea using a foreign passport, etc. toward national or local governments, public institutions, public corporations, or educational institutions
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Procedure for the nationality selection order
- When the Minister of Justice issues a nationality selection order, the order must be directly delivered to the individual or sent by registered mail. However, if it is infeasible to deliver or send the order directly to the individual, it should be delivered or sent to a family member or a de facto supporter (Article 18-4(1) of the Enforcement Decree of the Nationality Act and Article 12-3 and attached Form 8-3 Format of the Enforcement Rules of the Nationality Act).
- If it is infeasible to deliver or send the nationality selection order because of the recipient being untraceable, a public notice should be made in the Official Gazette. The order takes effect 14 days after the date of the announcement (Article 18-4(2) of the Enforcement Decree of the Nationality Act).
Renunciation of foreign nationality
- An individual who receives the nationality selection order and wishes to choose the nationality of the Republic of Korea must renounce their foreign nationality (Article 14-3(3) of the Nationality Act).
Loss of nationality of the Republic of Korea
- An individual who receives the nationality selection order and does not comply will lose their nationality in the Republic of Korea once the designated period passes (Article 14-3(4) of the Nationality Act).