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Living areas explanation

This information is drafted as of April 15, 2014.
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 Nationality loss
Any national of the Republic of Korea who has voluntarily acquired the nationality of a foreign country shall forfeit his or her Korean nationality at the time of acquisition of the foreign nationality. A person who has lost his or her Korean nationality (excluding those who have reported abandonment of nationality) shall report said loss of nationality.

In the event the Minister of Justice deems it obviously inappropriate for a person with multiple nationalities to maintain the nationality of the Republic of Korea, the Minister may make a decision to revoke Korean nationality after holding a hearing. Upon such decision, the person concerned shall lose his or her Korean nationality.
Loss of a Nationality by Acquisition of a Foreign Nationality
A national of the Republic of Korea who has voluntarily acquired the nationality of a foreign country shall lose the nationality of the Republic of Korea at the time of acquisition of the foreign nationality (Article 15.(1) of the 「Nationality Act」).
A national of the Republic of Korea who falls under one of the following shall lose the nationality of the Republic of Korea retroactively at the time of acquisition of a foreign nationality, if he does not report the intention to keep the nationality of the Republic of Korea to the Minister of Justice within six months after the acquisition of the foreign nationality (Article 15.(2) of the 「Nationality Act」):
· A person who has acquired the nationality of a spouse through marriage with a foreigner;
· A person who has acquired the nationality of an adoptive father or mother through an adoption by a foreigner;
· A person who has acquired the nationality of a father or mother through acknowledgement by a foreign father or mother; and
· A minor child or spouse of a person who shall lose the nationality of the Republic of Korea through acquisition of a foreign nationality, who thereby acquires the foreign nationality under laws of the foreign country.
For a person who has lost the nationality of the Republic of Korea due to the acquisition of that of a foreign country, where its acquisition date is unknown, it shall be presumed to be the date on which the foreign country first issues a passport to him (Article 15.(3) of the 「Nationality Act」).
Decision by the Minister of Justice on Loss of Nationality
In the event the Minister of Justice deems it obviously inappropriate for a person with multiple nationalities to retain the nationality of the Republic of Korea due to any of the following reasons, the Minister may revoke his or her Korean nationality after holding a hearing. However, this shall not apply to any person who has acquired Korean nationality by birth (Article 14-3.(1) of the 「Nationality Act」, Article 18-3.(2) of the 「Enforcement Decree of the Nationality Act」 and Article 12-3 of the 「Enforcement Rule of the Nationality Act」):
- When the person conducts any act contrary to the national interests of the Republic of Korea concerning national security, diplomatic relations, national economy, etc.;
- When the person conducts any act which causes a substantial hindrance in maintaining social order in the Republic of Korea and is accordingly subject to a finalized sentence of no shorter than seven years’ imprisonment with or without forced labor due to an offense which falls under any of the following:
· Crimes of homicide under Chapter 24, crimes concerning rape and infamous conduct under Chapter 32 or robbery among the crimes of larceny and robbery under Chapter 38 in Part II of the 「Criminal Act」
· A violation of the 「Act on Special Cases Concerning the Punishment, Etc. of Crimes of Sexual Assault」;
· A violation of the 「Act on the Control of Narcotics, Etc.」;
· A violation of Article 5-2, 5-4, 5-5, 5-9 or 11 of the 「Act on the Aggravated Punishment, Etc. of Specific Crimes」;
· A violation of Article 4 of the 「Punishment of Violence, Etc. Act」; or
· A violation of the 「Act on Special Measures for the Control of Public Health Crimes」.
A person subject to a decision in favor of his or her loss of Korean nationality shall forfeit the nationality at the time when such decision is rendered (Article 14-3.(2) of the 「Nationality Act」).
Report of the Loss of Nationality
A person who has lost the nationality of the Republic of Korea (except persons who have reported the abandonment of nationality) shall submit the following documents to the Minister of Justice to report the loss of nationality (Article 16.(1) of the 「Nationality Act」, Article 20.(1) of the 「Enforcement Decree of the Nationality Act」, and Article 14 of the 「Enforcement Rule of the Nationality Act」):
√ Nationality loss report (Form no. 10 of the 「Enforcement Rule of the Nationality Act」)
√ Family relations certificate
√ Document certifying the cause and date of nationality loss (Document certifying the cause and date of acquiring a foreign nationality if that is the case)
- A person who lost ROK nationality by acquisition of a foreign nationality and cannot submit a document certifying the acquisition date of said foreign nationality may submit a copy of the passport issued by the corresponding foreign country instead of a family relations certificate (Article 14.(3) of the 「Enforcement Rule of the Nationality Act」).
- A person who has a domicile abroad and wishes to report loss of his/her The nationality of the Republic of Korea may also submit a report 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」).
Where a public official finds a person who has lost the nationality of the Republic of Korea in the pursuit of his duties, he shall notify the Minister of Justice without delay (Article 16.(2) of the 「Nationality Act」).
Change of Rights for Persons in Loss of Nationality
A person who has lost the nationality of the Republic of Korea shall not possess the rights afforded only to the nationals of the Republic of Korea from the time of loss of the nationality (Article 18.(1) of the 「Nationality Act」).
Where a person has acquired the transferable rights at the time when he was a national of the Republic of Korea, from among the rights afforded only to the nationals of the Republic of Korea, he shall transfer them to a national of the Republic of Korea within three years unless otherwise prescribed by Acts and subordinate statutes related to the rights (Article 18.(2) of the 「Nationality Act」).

Useful Legal Information - 3

《 Loss of nationality and real estate ownership 》

Q. I have lost ROK nationality and have land in the ROK. What will happen to this property if I do not dispose of it within three years of the date of nationality loss? Will I lose ownership?

A. Under the 「Foreigner's Land Acquisition Act」, you can keep the land by reporting to the head of Si/Gun/Gu (city/county/gu district) within 6 months of acquiring the foreign nationality. If you fails to make such report, you will be charged a fine for negligence but will not lose ownership.

《e-Government for Foreigners 》

Treatment of Persons who used to hold ROK Nationality, etc.
The central and local government may guarantee entry and sojourn or economic activities in the Republic of Korea within the scope that does not harm the ROK's security, maintenance of order, public welfare, or its other interests for a person who used to hold nationality of the Republic of Korea or his lineal descendant (excluding those with ROK nationality), who proves he, one of his parents, or one of his grandparents used to hold ROK nationality, and who does not fall under any of the following (Article 17 of the 「Basic Act on Treatment of Foreigners Staying in the Republic of Korea」 and Article 15.(1) of the 「Enforcement Decree of the Basic Act on Treatment of Foreigners Staying in the Republic of Korea」):
- Persons who fall under any of the following and whose entry into the Republic of Korea is prohibited (Article 11.(1) of the 「Immigration Control Act」)
1. Persons carrying an infectious diseases, narcotic addicts or other persons deemed likely to cause danger and harm to the public health;
2. Persons who intend to enter the Republic of Korea unlawfully carrying firearms and guns, swords, explosives, etc. as prescribed by the 「Control of Firearms, Swords, Explosives, etc. Act」;
3. Persons deemed highly likely to commit any act detrimental to the interest of the Republic of Korea or public safety;
4. Persons deemed highly likely to commit any act detrimental to the economic or social order or the good morals;
5. Mentally handicapped persons who are void of a capacity of discriminating sense and have no person to assist their sojourn activities in the Republic of Korea, a person who is void of bearing the sojourn expenses in the Republic of Korea, and other persons in need of relief;
6. Persons for whom five years have not elapsed after departure from the Republic of Korea under a deportation order;
7. Persons who have taken part in the slaughter or cruel treatment of people on the grounds of race, ethnicity, religion, nationality, political opinion, etc. under instructions from or in liaison with the Japanese government, any government which was in alliance with the Japanese government, or any government on which the Japanese government exercised predominant influence from August 29, 1910 until August 15, 1945; and
8. Persons who correspond to any of 1 through 7 above and who are deemed by the Minister of Justice as persons whose entries are improper.
- A person who has a reason falling under any of the following and a status of sojourn is not granted (Article 5.(2) of the 「Act on the Immigration and Legal Status of Overseas Koreans」)
1. When a male who was born by lineal ascendants in the status of sojourn without any purpose for permanent residency in a foreign country and who acquired a foreign nationality, became a dual national, and became a foreign person for the purpose of evading the military service by renouncing nationality of the Republic of Korea before January 1 of the year of becoming 18 years old under the previous provisions of Article 12 (dual nationals' obligation to select a nationality) before enforcement of Act No. 7499, the amended 「Nationality Act」(This does not apply if he becomes 36 years old);
2. When a male of the Republic of Korea became a foreign person by acquiring a foreign nationality for the purpose of evading the military service by losing nationality of the Republic of Korea (This does not apply if he becomes 36 years old); and
3. When there exists any concern over damaging the interests of the Republic of Korea, such as security, maintenance of order, public welfare, diplomatic relations, etc. of the Republic of Korea.
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