Living areas explanation
This information is drafted as of October 15, 2012.
Acquisition of nationality Nationality may be acquired through birth, acknowledgement, naturalization, reinstatement of nationality, etc., and Koreans with a foreign nationality who meet certain conditions may apply for permission for reinstatement of nationality.
Acquisition of Nationality by Birth
A person falling under one of the following shall be a national of the Republic of Korea at the time of his birth (Article 2.(1) of the 「Nationality Act」):· A person whose father or mother is a national of the Republic of Korea at the time of his birth;
· A person whose father died before his birth and was a national of the Republic of Korea at the time ofhis death, where his or her father died before his or her birth ; and
· A person who is born in the Republic of Korea, where both of his parents are unknown or have no nationality.
An abandoned child found in the Republic of Korea shall be recognized as born in the Republic of Korea (Article 2.(2) of the 「Nationality Act」). Acquisition of Nationality by Acknowledgement Where a person who is not a national of the Republic of Korea (hereinafter referred to as a 'foreigner') is acknowledged by his father or mother who is a national of the Republic of Korea and meets each requirement of the following, the person may acquire nationality of the Republic of Korea after reporting to the Minister of Justice (Article 3.(1) of the 「Nationality Act」):· The person shall be a minor pursuant to Article 4 of the 「Civil Act」 of the Republic of Korea; and
· At the time of the person's birth, the father or mother is a national of the Republic of Korea.
Acquisition of Nationality by Naturalization A foreigner who has never acquired nationality of the Republic of Korea may acquire nationality of the Republic of Korea through permission of naturalization by the Minister of Justice (Article 4.(1) of the 「Nationality Act」).※ Details about naturalization can be found on this Web site (http://oneclick.law.go.kr) (Married Immigrants - International Marriage and Sojourn/Nationality - Naturalization - Method and Procedure of Naturalization).
Concomitant Acquisition Where a foreigner applies for permission of naturalization, his child who is a minor pursuant to Article 4 of the 「Civil Act」 of the Republic of Korea may concurrently apply for the acquisition of nationality (Article 8.(1) of the 「Nationality Act」). Acquisition of Nationality through Reinstatement of Nationality A foreigner who was a national of the Republic of Korea may acquire nationality of the Republic of Korea through obtaining permission of reinstatement of nationality by the Minister of Justice (Article 9.(1) of the 「Nationality Act」). Application for Permission for Reinstatement of Nationality- A person who wants to obtain permission for the reinstatement of nationality shall submit the following documents to the head of the immigration office or the head of a branch immigration office (hereinafter “head of the office, etc.”) (Article 8.(1) of the 「Enforcement Decree of the Nationality Act」 andArticle 6.(1) and (2) of the 「Enforcement Rule of the Nationality Act」):
√ Application for permission for reinstatement of nationality(Form no. 3 of the 「Enforcement Rule of the Nationality Act」);
√ Family relations certificate, certified copy of document about removal from the register, or other documents certifying the concerned person was a Korean national;
√ Document certifying the cause and date of nationality loss (When a foreign nationality is acquired, a document that certifies the reason for and date of such acquisition);
√ When there is a person applying for concomitant acquisition, a document that certifies the relationship with the applicant;
√ Two copies of an identity statement
√ Documents that are necessary for notice of permission for reinstatement of nationality according to Article 95 of the 「Act on the Registration, Etc. of Family Relationship」, writing of the family relation register, etc. and are designated by the Minister of Justice.
√ Documents certifying a fact pursuant to any of Subparagraphs 2 to 4 of Paragraph 2 of Article 10 of the「Nationality Act」and are designated by the Minister of Justice (restricted to a person who intends to vow not to exercise foreign nationalities according to Article 11.(3) of the 「Enforcement Decree of the Nationality Act」).
- Where the head of the office, etc. has received the documents above, he/she shall forward them without delay to the Minister of Justice. Provided that in the case where inquiry, investigation, confirmation, or etc. is necessary, he/she shall complete the procedure and forward them with attached opinions (Article 8.(2) of the 「Enforcement Decree of the Nationality Act」).
- Where a person who has a domicile abroad and wishes to apply for permission for reinstatement of nationality, he/she may also submit an application through the head of a diplomatic mission abroad that has jurisdiction over the domicile (Article 25.(1) of the 「Enforcement Decree of the Nationality Act」).
· A person who has a domicile abroad and wishes to apply to the head of a diplomatic mission abroad that has jurisdiction over the domicile shall submit the following documents (Article 6.(3) of the 「Enforcement Rule of the Nationality Act」):
√ Application for permission for reinstatement of nationality (Form no. 3 of the 「Enforcement Rule of the Nationality Act」);
√ Family relations certificate, certified copy of document about removal from the register, or other documents certifying the concerned person was a Korean national;
√ Document certifying the cause and date of nationality loss (When a foreign nationality is acquired, a document that certifies the reason for and date of such acquisition);
√ When there is a person applying for concomitant acquisition, a document that certifies the relationship with the applicant;
√ Documents that are necessary for notice of permission for reinstatement of nationality according to Article 95 of the 「Act on the Registration, Etc. of Family Relationship」, writing of the family relation register, etc. and are designated by the Minister of Justice.
√ Documents certifying a fact pursuant to any of Subparagraphs 2 to 4 of Paragraph 2 of Article 10 of the「Nationality Act」and are designated by the Minister of Justice (restricted to a person who wishes to vow not to exercise a foreign nationality according to Article 11.(3) of the 「Enforcement Decree of the Nationality Act」).
√ Statement to explain the reason for lack of a domestic address if such is the case; and
√ Certificate of overseas residence written or confirmed by the consul of the diplomatic mission having jurisdiction over the domicile
- Fee
· The fee for application for permission for reinstatement of nationality shall be KRW 50,000 (per person, not including a person subject to concomitant acquisition) (Article 18.(1).2 of the 「Enforcement Rule of the Nationality Act」).
· The fee shall be paid by purchase of a government revenue stamp corresponding to said amount. Nevertheless, it may be paid in cash, foreign currency corresponding to said amount, or by a voucher certifying payment at diplomatic missions (Article 18.(2) of the 「Enforcement Rule of the Nationality Act」).
- The Minister of Justice shall not issue permission for reinstatement of nationality after scrutinizing a person who has applied for such permission, if he falls under one of the following (Article 9.(2) of the 「Nationality Act」):
· A person who has inflicted any harm to the State and society;
· A person who is defective in conduct;
· A person who has lost or abandoned nationality of the Republic of Korea for the purpose of evading military service; and
· A person for whom the Minister of Justice regards permission for reinstatement of nationality as inappropriate, for the sake of national security, maintenance of security, or public welfare.
Acquisition of Nationality by Koreans with a Foreign Nationality A Korean with a foreign nationalty may acquire nationality of the Republic of Korea by having his nationality reinstated according to Acts and subordinate statutes on nationality (Article 9 of the 「Nationality Act」) or naturalizing as a Korean national (Article 4 of the 「Nationality Act」).※ Details about reinstatement of nationality by a Korean with a foreign nationality under the 「Nationality Act」 shall be set forth in the 「Guidelines on the Handling of Tasks for Nationality Reinstatement of Koreans with a Foreign Nationality, Etc.」(Ministry of Justice's Established Rule No. 925; Enforced on March 1, 2010).
Koreans with a Foreign Nationality - Koreans with a foreign nationality under the 「Guidelines on the Handling of Tasks for Nationality Reinstatement of Koreans with a Foreign Nationality, Etc.」shall refer to persons who have held nationality of the Republic of Korea or their lineal descendants and who obtain the nationality of a foreign country (Article 2 of the 「Guidelines on the Handling of Tasks for Nationality Reinstatement of Koreans with a Foreign Nationality, Etc.」).
- Koreans with Chinese nationality who moved to China from the Korean peninsula or its islands or who were born in China before October 1, 1949 shall be regarded as having lost their Korean nationality as they gained Chinese nationality as of October 1, 1949 (Article 3 of the 「Guidelines on the Handling of Tasks for Nationality Reinstatement of Koreans with a Foreign Nationality, Etc.」).
- A Korean with a foreign nationality who wishes to apply for nationality reinstatement or naturalization in the Republic of Korea under the 「Guidelines on the Handling of Tasks for Nationality Reinstatement of Koreans with a Foreign Nationality, Etc.」 may make such application to the Minister of Justice when he has entered and is staying in the country legally (Article 4 of the 「Guidelines on the Handling of Tasks for Nationality Reinstatement of Koreans with a Foreign Nationality, Etc.」).
Verification of a Previous Korean Nationality- A person who wishes to apply for nationality reinstatement shall prove he was a Korean national with the following documents (Article 6.(1) of the 「Guidelines on the Handling of Tasks for Nationality Reinstatement of Koreans with a Foreign Nationality, Etc.」:
1. His family relations certificate and certified copy of document about removal from the register;
2. Family relations certificate and certified copy of document about removal from the register of his father or mother, birth certificate that can prove his relationship with them, official documents or notarized certificates from involved countries, etc;
3. Family relations certificate of blood relatives within second cousin relations, family relations certificate and certified copy of document about removal from the register that can prove his relationship with those relatives, official documents or notarized certificates from involved countries, confirmation letter about kinship and the genealogical table, DNA test results issued by public medical institutions, etc.; and
4. Other certificates that fall under 1 to 3 above.
- A person applying for naturalization and claiming his father or mother was a Korean national shall prove such with the following documents (Article 6.(2) of the 「Guidelines on the Handling of Tasks for Nationality Reinstatement of Koreans with a Foreign Nationality, Etc.」):
1. Father's or mother's family relations certificate and certified copy of document about removal from the register;
2. Family relations certificate about father's or mother's blood relatives within first cousin relations, family relations certificate and certified copy of document about removal from the register that can prove the relations between those blood relatives and father or mother, official documents or notarized certificates from involved countries, confirmation letter about kinship and the genealogical table, DNA test results issued by public medical institutions, etc.; and
3. Other certificates that fall under 1 and 2 above.
- If the name and birth date indicated on the family relations certificate and certified copy of document about removal from the register of the concerned person, his father, or mother are different from what is shown on their passports or other foreign ID cards, it should be proven that they are the same persons on the records with a relationship confirmation by a person with a corresponding relationship and by other appropriate methods (Article 6.(3) of the 「Guidelines on the Handling of Tasks for Nationality Reinstatement of Koreans with a Foreign Nationality, Etc.」).
Joint Application by Family Members- If a Korean with a foreign nationality meets nationality reinstatement or naturalization conditions and submits an application for permission, and his spouse, lineal descendants, or their spouse with whom he is staying in Korea do not meet the nationality reinstatement or naturalization conditions under the Acts and subordinate statutes on nationality, such family members may submit an application for permission for nationality reinstatement or naturalization together with the applicant, unless they are illegal sojourners (Article 10.(1) and (2) of the 「Guidelines on the Handling of Tasks for Nationality Reinstatement of Koreans with a Foreign Nationality, Etc.」).
- When family members make a joint application, the Minister of Justice shall first examine the applicant and decide whether to permit his nationality reinstatement or naturalization and do the same for other family members in order (Article 10.(3) of the 「Guidelines on the Handling of Tasks for Nationality Reinstatement of Koreans with a Foreign Nationality, Etc.」).
Special Cases about Persons of Distinguished Services to Independence, etc.- If a Korean with a foreign nationality is a person of distinguished services to independence (Article 4 of the 「Act on the Honorable Treatment of Persons of Distinguished ment and Support of Persons, Etc. of Distinguished Services to the State」), or his relative (Article 5 of the 「Act on the Honorable Treatment of Persons of Distinguished Services to Independence」 and Article 5 of the 「Act on the Honorable Treatment and Support of Persons, Etc. of Distinguished Services to the State」) and wants to acquire Republic of Korea (ROK) nationality, the Minister of Justice may receive such application if doing so does not violate any of the Acts and subordinate statutes on nationality and permit nationality reinstatement or naturalization through consultation with the Ministry of Patriots & Veterans Affairs and other necessary steps (Article 9 of the 「Guidelines on the Handling of Tasks for Nationality Reinstatement of Koreans with a Foreign Nationality, Etc.」).
Koreans with a Foreign Nationality who are illegally Sojourning - If a Korean with a foreign nationality who is illegally staying and falls under any of the following is recognized as deserving humane consideration, the Minister of Justice shall deliberate on and decide whether to permit reinstatement of nationality or naturalization only when such is requested pursuant to Article 12.(3) of the 「Guidelines on the Handling of Tasks for Nationality Reinstatement of Koreans with a Foreign Nationality, Etc.」. Nevertheless, this shall not apply to illegal entrants, holders of forged or altered passports, and such (Article 12.(1) of the 「Guidelines on the Handling of Tasks for Nationality Reinstatement of Koreans with a Foreign Nationality, Etc. 」).
1. Person who used to have Korean nationality, is registered on a family relation register (including cases where such record has been stricken), and is 60 years old or older;
2. Spouse, children, and children's spouses who make a joint application with a person falling under Subparagraph 1;
3. Spouse and children of a person who receives permission for nationality reinstatement and completes the procedure to renounce the foreign nationality; and
4. Children's spouse who make a joint application with the children specified under Subparagraph 3
- When receiving a joint application from a person falling under Subparagraph 2 or 4 above, the Minister of Justice shall first deliberate on and decide whether to permit reinstatement of nationality or naturalization for the appropriate person under Subparagraph 1 or 3 before deliberating on and deciding whether to permit naturalization for the person under Subparagraph 2 or 4 (Article 12.(2) of the 「Guidelines on the Handling of Tasks for Nationality Reinstatement of Koreans with a Foreign Nationality, Etc. 」).
- If a person who falls under any of the following subparagraphs applies for reinstatement of nationality or naturalization while illegally staying in the ROK, the head of the competent Local Immigration Office or the head of the competent branch office of the Local Immigration Office shall process said application in the following order and examine the application (Article 12.(3) of the 「Guidelines on the Handling of Tasks for Nationality Reinstatement of Koreans with a Foreign Nationality, Etc. 」):
ⅰ) Checking whether the applicant has all the necessary documents for acquisition of nationality, entering 'documents prepared' in the reference field for nationalty-related tasks in the Immigration Control Information System if all are in place, and receiving the application;
ⅱ) Determining whether the applicant for whom 'Document Prepared' is entered in the system under ⅰ) is an immigration offender under Article 102 (disposition of notice) of the 「Immigration Control Act」;
ⅲ) Granting sojourn permission with visiting or joining family (F-1) status under attached Table 1 of Article 12 of the 「Enforcement Decree of the Immigration Control Act」for applicants who complete the disposition of notice under ⅱ) within the period specified by Article 105.(1) of the 「Immigration Control Act」; and
ⅳ) If the disposition of notice under ⅱ) is not completed within the period specified by Article 105.(1) of the 「Immigration Control Act」, this shall be immediately reported to the Minister of Justice. In such case, the Minister of Justice shall end the examination with a decision not to permit the application for reinstatement of nationality or naturalization (Article 13 of the 「Guidelines on the Handling of Tasks for Nationality Reinstatement of Koreans with a Foreign Nationality, Etc. 」).
- The head of the competent office or the head of the competent branch office shall not deport a person falling under any of the above subparagraphs and not take any such measure under immigration control laws while any procedure specified under the 「Guidelines on the Handling of Tasks for Nationality Reinstatement of Koreans with a Foreign Nationality, Etc. 」 is in progress (Article 12.(4) of the 「Guidelines on the Handling of Tasks for Nationality Reinstatement of Koreans with a Foreign Nationality, Etc. 」).
Obligation to Renounce Foreign Nationality of Persons who Acquired Korean Nationality Obligation to Renounce Foreign Nationality - A foreigner who has acquired nationality of the Republic of Korea but maintains the nationality of a foreign country shall renounce the nationality of the foreign country within one year after the acquisition of the nationality of the Republic of Korea (Article 10.(1) of the 「Nationality Act」).
- Notwithstanding the provisions above, any of the following persons shall either renounce the foreign nationality or vow his/her intention not to exercise his foreign nationality in the Republic of Korea to the Minister of Justice, as prescribed by the Minister of Justice, within one year from the date he/she attained the nationality of the Republic of Korea (Article 10.(2) of the「Nationality Act」and Article 13.(1)of the 「Enforcement Decree of the Nationality Act」).
· A person who has any of the grounds corresponding to No. 1 and No. 2 of Article 6.(2) of the「Nationality Act」or No. 2 and No.3 of Article 7.(1) of the「Nationality Act」at the time of acquiring permission for naturalization.
· A person who has attained permission for reinstatement of nationality under Article 9 of the「Nationality Act」and are recognized by the Minister of Justice to fall under Article 7.(1).3. And 4. of the 「Nationality Act」.
· A person who has attained permission for reinstatement of nationality according to Article 9 of the 「Nationality Act」after being adopted by a foreigner as a minor under the 「Civil Act」 of the Republic of Korea and kept residing in a foreign country.
· A person who had been residing in a foreign country and entered Korea for permanent residency at the age of 65 or older and has attained permission for reinstatement of nationality according to Article 9 of the 「Nationality Act」.
· A person who, despite his/her intentions, has difficulty complying with the obligation to renounce any foreign nationality within one year after attaining the nationality of Republic of Korea and falls under any of the followings:
√ A person who is not able to renounce a foreign nationality due to the Acts and institutions of the foreign country or is recognized to have other special grounds equivalent thereto.
√ A person who has submitted documents verifying the situation which makes it difficult for the person to complete the procedure for renouncing the nationality of a foreign country within the period according to Article 10.(1) of the「Nationality Act」(-> within one year after attaining the nationality of Republic of Korea)due to the Acts and institutions of the foreign country, even though the person began without delay the procedure for renouncing the foreign nationality after acquiring The nationality of the Republic of Korea.
A person who fails to do so as prescribed above shall lose the nationality of the Republic of Korea upon the expiration of the time specified (Article 10.(3) of the 「Nationality Act」) Reacquisition of ROK nationality When a person who has lost the nationality of the Republic of Korea pursuant to Article 10. (3) of the 「Nationality Act」 renounces a foreign nationality within one year after the loss of the nationality of the Republic of Korea, he/she may reacquire the nationality of the Republic of Korea through reporting to the Minister of Justice (Article 11.(1) of the 「Nationality Act」). A person who intends to reacquire nationality of the Republic of Korea shall submit the following documents to the Minister of Justice (Article 15.(1) of the「Enforcement Decree of the Nationality Act」 and Article 10 of the 「Enforcement Rule of the Nationality Act」):√ Nationality acquisition report (Form no. 1 of the 「Enforcement Rule of the Nationality Act」);
√ Family relations certificate or document that proves acquisition of ROK nationality; and
√ Documents that prove renouncement of a foreign nationality and the date thereof
√ Documents that are necessary for notice of permission for reinstatement of nationality according to Article 93 of the 「Act on the Registration, Etc. of Family Relationship」, writing of the family relation register, etc. and are designated by the Minister of Justice.
The fee for a nationality reacquisition report shall be KRW 10,000 (per person) (Article 18.(1).2 of the 「Enforcement Rule of the Nationality Act」).- The fee shall be paid by purchase of a government revenue stamp corresponding to said amount. Nevertheless, it may be paid in cash, foreign currency corresponding to said amount, or by a voucher certifying its payment at diplomatic missions (Article 18.(2) of the 「Enforcement Rule of the Nationality Act」).