If a national of the Republic of Korea acquires a foreign nationality, they lose their nationality of the Republic of Korea.
Loss of nationality
- A person who, being a national of the Republic of Korea, voluntarily acquires foreign nationality, loses their nationality of the Republic of Korea at the time of acquiring the foreign nationality (Article 15(1) of the Nationality Act).
How to report
- The report on the loss of nationality can be made directly by the individual or on their behalf by their spouse or a relative within the 4th degree of kinship. When reporting on behalf of another, the representative’s name and address must be written on the report form, and documents proving the relationship with the reporting person must be attached (Article 19 of the Nationality Act; Article 25-2 of the Enforcement Decree of the Nationality Act).
Required documents
- A person who has lost the nationality of the Republic of Korea (excluding those who have reported their renunciation of nationality) must report the loss of nationality to the head of an immigration office, the head of a local immigration office, the head of a branch office of an immigration office, or the head of a branch office of a local immigration office (hereinafter “office head, etc.”) (Articles 16(1) and 26 of the Nationality Act; Subparagraph 7 of Article 29 of the Enforcement Decree of the Nationality Act).
- The documents required when reporting the loss of nationality are as follows: (Article 19 of the Nationality Act; Article 20(1) of the Enforcement Decree of the Nationality Act; and Article 14 and attached Form 10 of the Enforcement Rules of the Nationality Act).
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Required Documents
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▪ Report on the loss of nationality ▪ Certificate of family relationship records ▪ Documents proving the cause and date of the loss of nationality (in case of acquiring foreign nationality, documents proving the cause and date of acquiring that nationality) and a copy of the foreign passport ※ Those who have lost the nationality of the Republic of Korea by acquiring foreign nationality and cannot submit documents proving the date of acquiring the foreign nationality may submit a copy of that country’s passport instead.
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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 Nationality Act Enforcement Rules of the Nationality Act).
- Individuals who wish to report the loss of nationality and have an address abroad can also submit their reporting documents through the head of the relevant diplomatic mission abroad of the Republic of Korea (such as embassies, missions, and consulates-general) (Article 2 of the Act on the Establishment of Diplomatic Missions Abroad of the Republic of Korea; Article 25(1)8 of the Enforcement Decree of the Nationality Act).
※ Detailed documents required for reporting the loss of nationality can be checked on the <
Hi Korea website>.
Timing of loss of nationality
- A person who, being a national of the Republic of Korea, voluntarily acquires foreign nationality, loses their nationality of the Republic of Korea at the time of acquiring the foreign nationality (Article 15(1) of the Nationality Act).
- The nationals of the Republic of Korea who fall under any of the following categories and do not report their intention to retain nationality of the Republic of Korea to the Minister of Justice within 6 months from the date of acquiring foreign nationality are deemed to have lost nationality of the Republic of Korea retroactively from the date of acquiring the foreign nationality (Article 15(2) of the Nationality Act):
· Those who acquire the nationality of their foreign spouse through marriage;
· Those who are adopted by foreigners and acquire the nationality of the adoptive father or mother;
· Those who are recognized by a foreign father or mother and acquire the nationality of that parent;
· Spouses or minor children of those who have lost nationality of the Republic of Korea by acquiring foreign nationality and have acquired that foreign nationality according to the laws of that country; or
- If it is unknown when a person who has lost nationality of the Republic of Korea by acquiring foreign nationality actually acquired the foreign nationality, it is presumed that they acquired the foreign nationality on the date of the first issuance of their foreign passport (Article 15(3) of the Nationality Act).
Loss of rights as a national of the Republic of Korea and obligation to transfer
- A person who has lost the nationality of the Republic of Korea cannot enjoy the rights exclusive to the nationals of the Republic of Korea from the time of the loss (Article 18(1) of the Nationality Act).
- Among the rights exclusive to nationals of the Republic of Korea that were acquired when they were nationals of the Republic of Korea, those that can be transferred must be transferred to a national of the Republic of Korea within 3 years, unless otherwise specified by relevant laws (Article 18(2) of the Nationality Act).
A multiple national may also lose the nationality of the Republic of Korea if it is deemed significantly inappropriate for them to hold the nationality of the Republic of Korea.
Decision on loss of nationality
- The Minister of Justice can decide on the loss of nationality of the Republic of Korea after a hearing if a multiple national is found to be holding the nationality of the Republic of Korea under any of the following reasons and it is deemed significantly inappropriate. However, those who acquired the nationality of the Republic of Korea by birth are excluded (Article 14-4(1) of the Nationality Act; Article 18-5(2) of the Enforcement Decree of the Nationality Act; and Article 12-4 of the Enforcement Rules of the Nationality Act).
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Cases where holding the nationality of the Republic of Korea is deemed inappropriate
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▪ Acts against the national interest of the Republic of Korea in national security, diplomatic relations, and the national economy
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▪ Acts that significantly disrupt the maintenance of social order in the Republic of Korea and are sentenced to imprisonment or incarceration for 7 years or longer for any of the following crimes, and the sentence is finalized:
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1. Murder under Chapter 24, Part 2 of the Criminal Act, rape and assault under Chapter 32, or robbery under Chapter 38; 2. Violation of the Act on Special Cases Concerning the Punishment of Sexual Crimes; 3. Violation of the Narcotics Control Act; 4. Violation of Articles 5-2, 5-4, 5-5, 5-9, or 11 of the Act on the Aggravated Punishment of Specific Crimes; 5. Violation of Article 4 of the Punishment of Violent Acts; or 6. Violation of the Act on Special Measures for the Control of Public Health Crimes.
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Timing of loss of nationality
- A person who receives the decision of loss of nationality as described above loses the nationality of the Republic of Korea at the time they receive the decision (Article 14-4(2) of the Nationality Act).
There are also ways for foreigners who acquire foreign nationality to retain the nationality of the Republic of Korea.
Eligibility for maintaining nationality
- A national of the Republic of Korea who falls under any of the following can maintain the nationality of the Republic of Korea if they report to the Minister of Justice their intent to retain the nationality of the Republic of Korea within 6 months of acquiring foreign nationality (see Article 15(2) of the Nationality Act).
· Those who acquire the nationality of their spouse through marriage to a foreigner
· Those who are adopted by a foreigner and acquire the nationality of their adoptive father or mother
· Those recognized by a foreign father or mother and acquire their nationality
· Spouses or underage children of those who lost nationality of the Republic of Korea by acquiring foreign nationality and also acquired the foreign nationality according to the laws of that foreign country
How to report
- Intention to maintain nationality must be directly reported 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).
- If the person intending to report is under the age of 15, a legal representative can report on their behalf and must include their name and address on the report. In addition, documents proving their relationship with the reporting person should be attached (Article 19 of the Nationality Act; Article 25-2(2) of the Enforcement Decree of the Nationality Act).
Required documents
- To report the intention to retain the nationality of the Republic of Korea, the following documents must be submitted to the office head, etc. (Article 19(1) of the Enforcement Decree of the Nationality Act; Article 13 and attached Form 9 of the Enforcement Rules of the Nationality Act):
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Required Documents
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▪ Report on the retention of nationality ▪ Certificate of family relationship records ▪ Documents proving the reason and date of acquiring foreign nationality and a copy of the foreign passport
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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 (Refer to Article 16 of the Enforcement Rules of the Nationality Act).
- If the person intending to report resides abroad, the above documents can also be submitted through the head of the diplomatic mission abroad of the Republic of Korea in their place of residence (Article 25(1)7 of the Enforcement Decree of the Nationality Act).
※ For detailed documents required for nationality retention reporting, please check the <
Hi Korea website> or contact the Foreigner Comprehensive Information Center (☎1345).
Fees
- The fee for nationality retention report is KRW 20,000 per person (Article 24(1) of the Nationality Act; Article 18(1)6 of the Enforcement Rules of the Nationality Act).
※ The fee is to be paid as a government revenue stamp equivalent to the said amount. However, at diplomatic mission abroad, it can be replaced by cash, foreign currency equivalent to the amount, or a token that proves the payment (Article 24(3) of the Nationality Act; Article 18(2) of the Enforcement Rules of the Nationality Act).
- In cases where the Minister of Justice deems it necessary to exempt fees because of humanitarian reasons etc., the fee may be waived (Article 24(3) of the Nationality Act; Article 18(3)4 of the Enforcement Rules of the Nationality Act).
Treatment as a national of the Republic of Korea
- Individuals who declare their intention to retain the nationality of the Republic of Korea to the Minister of Justice within 6 months after acquiring a foreign nationality will maintain multiple nationality (see Article 16(1)2 of the Enforcement Decree of the Nationality Act).
- Multiple nationals will be treated solely as nationals of the Republic of Korea under the laws of the Republic of Korea (see Article 11-2(1) of the Nationality Act).
Nationality selection
- Those who have declared their intention to retain the nationality of the Republic of Korea and become multiple nationals can either select one nationality within the period defined by the laws or pledge to the Minister of Justice not to exercise their foreign nationality in the Republic of Korea, thus maintaining multiple nationality (see Articles 10(2) and 12 of the Nationality Act).