ENFORCEMENT DECREE OF THE NATIONALITY ACT
Wholly Amended by Presidential Decree No. 15807, jun. 5, 1998
Amended by Presidential Decree No. 20465, Dec. 28, 2007
Presidential Decree No. 21061, Oct. 6, 2008
Presidential Decree No. 22588, Dec. 31, 2010
Presidential Decree No. 22750, Mar. 29, 2011
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 25384, jun. 17, 2014
Presidential Decree No. 25532, Aug. 6, 2014
Presidential Decree No. 26844, Dec. 31, 2015
Presidential Decree No. 28255, Aug. 29, 2017
Presidential Decree No. 28870, May 8, 2018
Presidential Decree No. 29372, Dec. 18, 2018
The purpose of this Decree is to provide for matters delegated by the Nationality Act and those necessary for the enforcement thereof. [This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
| Article 2 (Procedures for Reporting on Acquisition of Nationality by Acknowledgement) |
| (1) | A person who intends to acquire the nationality of the Republic of Korea under Article 3 (1) of the Nationality Act (hereinafter referred to as the "Act") shall complete a nationality acquisition report prescribed by Ordinance of the Ministry of Justice and submit such report to the Minister of Justice. |
| (2) | When the Minister of Justice receives a nationality acquisition report under paragraph (1), he or she shall notify an applicant and the head of the family register office at the place of registration pursuant to the Act on the Registration of Family Relationship (hereinafter referred to as the "place of registration") thereof without delay and make public announcement thereof in the Official Gazette. <Amended by Presidential Decree No. 22588, Dec. 31, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21061, Oct. 6, 2008]
| Article 3 (Application for Naturalization) |
| (1) | A person who intends to obtain permission for naturalization under Article 4 (1) of the Act shall prepare an application for naturalization prescribed by Ordinance of the Ministry of Justice and submit such application 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 referred to as the "head of an immigration office, etc."). <Amended by Presidential Decree No. 22588, Dec. 31, 2010; Presidential Decree No. 28870, May 8, 2018> |
| (2) | When the head of an immigration office, etc. receives an application as prescribed in paragraph (1), he or she shall send such application to the Minister of Justice without delay: Provided, That where any inquiry, examination, verification, or other measure is required as prescribed by the Minister of Justice, he or she shall send it, together with his or her opinion after following such procedure. <Newly Inserted by Presidential Decree No. 22588, Dec. 31, 2010; Presidential Decree No. 28870, May 8, 2018> |
[This Article Wholly Amended by Presidential Decree No. 21061, Oct. 6, 2008]
| Article 4 (Examination of Applications for Naturalization) |
| (1) | When the Minister of Justice examines naturalization requirements for applicants for naturalization under Article 4 (2) of the Act, he or she may request the head of a relevant agency to investigate the applicant's personal and criminal history, and trends of his or her sojourn, or seek an opinion on other necessary matters. |
| (2) | The Minister of Justice shall verify whether the requirements for naturalization are satisfied by appropriate means by requesting submission of evidentiary documents prescribed by Ordinance of the Ministry of Justice or conducting a field inspection of the place of residence to examine the matters according to the following categories in respect of the requirements for naturalization under Article 6 (2) of the Act: |
| 2. | A person falling under Article 6 (2) 3 of the Act: Grounds which make it impracticable to maintain a normal matrimonial relationship; |
| (3) | The Minister of Justice shall conduct a general evaluation under Article 48 (2) 3 of the Enforcement Decree of the Immigration Act (hereinafter referred to as “general evaluation”) and an interview with an applicant for naturalization under Article 4 (2) of the Act: Provided, That persons prescribed by Ordinance of the Ministry of Justice may be exempted from a general evaluation or an interview. <Amended by Presidential Decree No. 25384, Jun. 17, 2014; Presidential Decree No. 28255, Aug. 29, 2017> |
| (4) | An applicant for permission for naturalization shall be engaged in the general evaluation prescribed in paragraph (3) and submit (including submission via communications network) the result within one year from the date of application, as prescribed by the Minister of Justice. <Newly Inserted by Presidential Decree No. 28255, Aug. 29, 2017> |
| (5) | Notwithstanding the main sentence of paragraph (3), based on the results of the inquiry, investigation, and verification under paragraphs (1) and (2), and the examination of documents submitted when an application for permission for naturalization is filed, the Minister of Justice may exclude an applicant acknowledged not to meet the naturalization requirements from a general evaluation or an interview. <Amended by Presidential Decree No. 25384, Jun. 17, 2014; Presidential Decree No. 28255, Aug. 29, 2017> |
| (6) | The Minister of Justice shall not permit naturalization, where an applicant for permission for naturalization falls under any of the following subparagraphs: <Amended by Presidential Decree No. 25384, Jun. 17, 2014; Presidential Decree No. 28255, Aug. 29, 2017> |
| 1. | Regardless of whether a general evaluation or an interview under paragraph (3) is conducted or exempted, where an applicant is deemed not to meet the requirements for naturalization, as a result of the inquiry, investigation, and verification under paragraph (1) and (2), and the examination of documents submitted when an application for permission for naturalization is filed; |
| 2. | Where he or she scores less than 60 out of 100 points on the general evaluation conducted under paragraph (3), or fails to submit the result of evaluation within the period set in paragraph (4); |
| 3. | Where he or she is judged unqualified at the interview conducted under paragraph (3). |
| (7) | Interview items and other matters necessary for conducting an interview under paragraph (3) shall be prescribed by Ordinance of the Ministry of Justice. <Amended by Presidential Decree No. 25384, Jun. 17, 2014; Presidential Decree No. 28255, Aug. 29, 2017> |
[This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
| Article 4-2 Oath of Citizenship by, and Granting Certificate of Naturalization to, Person Receiving Permission of Naturalization) |
| (1) | The Ministry of Justice shall, when granting permission for naturalization pursuant to Article 4 (2) of the Act, designate the date and place at which he or she receives an oath of citizenship and grant a certificate of nationality pursuant to the main sentence of paragraph (3) of the same Article and shall notify the person who obtains permission for naturalization of such designated time and place for attendance. |
| (2) | Where the person, upon receipt of the notification pursuant to paragraph (1), becomes unable to attend at the designated date and place due to an unavoidable reason, such as a disease or accident, he or she shall submit a document specifying the reason of non-attendance and the dates on which he or she can attend (hereinafter referred to as “document specifying the reason of non-attendance”) to the Minister of Justice by the day immediately before the designated day. |
| (3) | The Minister of Justice shall newly designate the date and place for receiving an oath of citizenship and granting a certificate of naturalization, within one month from the date on which a document specifying the reason of non-attendance pursuant to paragraph (2) is submitted, and shall notify again the person having obtained permission for naturalization to attend at such designated date and place. |
| (4) | Except as otherwise prescribed by paragraphs (1) through (3), the matters necessary for the detailed procedures for and methods of receiving an oath of citizenship and granting a certificate of naturalization shall be determined by the Minister of Justice. |
[This Article Newly Inserted by Presidential Decree No. 29372, Dec. 18, 2018]
| Article 4-3 (Content of Oath of Citizenship by Person Having Obtained Permission for Naturalization) |
| (1) | The content of an oath of citizenship under the main sentence of Article 4 (3) of the Act shall read as follows: “I solemnly swear that I will observe the constitution and law of the Republic of Korea as a citizen of the Republic of Korea, and fulfil the citizen’s responsibility and duties.” |
| (2) | A person who may be exempted from taking an oath of citizenship pursuant to the proviso of Article 4 (3) of the Act shall be any of the following persons: |
| 1. | A person under the age of 15 at the time of taking an oath of citizenship; |
| 2. | A person who is recognized by the Minister of Justice from among brain-disabled persons, mentally disabled persons, or persons with autistic disorder under attached Table 1 of the Enforcement Decree of the Act on Welfare of Person with Disabilities; |
| 3. | Other person equivalent to any of the persons referred to in subparagraph 2 who is recognized by the Minister of Justice. |
[This Article Newly Inserted by Presidential Decree No. 29372, Dec. 18, 2018]
| Article 4-4 (Vicarious Receipt of Oath of Citizenship from, and Vicarious Granting of Certificate of Naturalization to, Person Having Obtained Permission for Naturalization) |
| (1) | The Minister of Justice may request the head of an immigration office, etc. to vicariously conduct the following affairs pursuant to Article 4 (4) of the Act: |
| 1. | Affairs of designating and notifying by mail, telephone, and other means the date and place for receiving an oath of citizenship and granting a certificate of naturalization; |
| 2. | Affairs of receiving an oath of citizenship and granting a certificate of naturalization; |
| 3. | Affairs of receiving a document specifying the reason of non-attendance; |
| 4. | Affairs of confirming the persons exempted from taking an oath of citizenship, and of notifying them of such fact. |
| (2) | When persons having obtained permission for naturalization take an oath and are granted a certificate of citizenship pursuant to the main sentence of Article 4 (3) of the Act, the head of an immigration office, etc. shall prepare the list of such persons and send it to the Minister of Justice without delay. |
| (3) | Except as otherwise prescribed in paragraphs (1) and (2), the matters necessary for the vicarious execution of affairs of receiving an oath of citizenship and granting a certificate of naturalization and affairs of exempting from taking of an oath of citizenship shall be prescribed by the Minister of Justice. |
[This Article Newly Inserted by Presidential Decree No. 29372, Dec. 18, 2018]
| Article 5 (Notification of Permission for Naturalization) |
When a person applying for permission of naturalization acquires the nationality, the Minister of Justice shall without delay notify the head of the family register office at the place of registration of such fact, and shall make public announcement thereof in the Official Gazette. <Amended by Presidential Decree No. 29372, Dec. 18, 2018>
[This Article Wholly Amended by Presidential Decree No. 25384, Jun. 17, 2014]
| Article 6 (Persons subject to Special Naturalization) |
| (1) | A person falling under Article 7 (1) 2 of the Act means any of the following persons: <Amended by Presidential Decree No. 25384, Jun. 17, 2014; Presidential Decree No. 29372, Dec. 18, 2018> |
| 1. | A person him or herself, his or her spouse, or lineal ascendants and descendants, falling under any of the following subparagraphs: |
| (b) | A person who has provided distinguished service to the Sate under Article 4 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Services of the Sate, and who has been conferred any decoration, medal, or commendation by the Government of the Republic of Korea under relevant Acts in recognition of distinguished service to the State; |
| 2. | A person who has contributed to the national interests of the Republic of Korea in various sectors, such as national security, society, economy, education, or culture; |
| 3. | A person who is acknowledged by the Minister of Justice to have made a contribution similar to those under subparagraphs 1 and 2. |
| (2) | A person falling under Article 7 (1) 3 of the Act shall be the one appointed by the Minister of Justice after going through the deliberation of the Nationality Deliberation Committee under Article 28 from among the following persons: <Amended by Presidential Decree No. 28255, Aug. 29, 2017> |
| 1. | A person recommended by the Secretary General of the National Assembly, the Minister of National Court Administration, the Secretary General of the Constitutional Court, or the head of a central administrative agency; |
| 2. | A person recommended by the head of a diplomatic mission abroad, the head of a local government (referring to the Special Metropolitan City, a Metropolitan City, Special Self-Governing City, Do and a Special Self-Governing Province), the president of a four-year course university or college, or the head of an agency or organization prescribed by the Minister of Justice and referred to deliberation by the Minister of Justice; |
| 3. | A person whose authority is internationally acknowledged for awards, research results, or career in the fields of science, economy, culture or sports and who is referred to deliberation by the Minister of Justice. |
[This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
| Article 7 (Application Procedures for Concurrent Acquisition) |
| (1) | Where a person intends to acquire nationality under Article 8 (1) of the Act (hereinafter referred to as "concurrent acquisition"), his or her father or mother shall declare his or her intention for concurrent acquisition in an application for permission for naturalization submitted to the head of an immigration office, etc. under Article 3. <Amended by Presidential Decree No. 28870, May 8, 2018> |
| (2) | In respect of an applicant for concurrent acquisition whose parents are divorced, his or her father or mother shall certify in writing that he or she has parental authority or fostering rights. |
| (3) | Where a person subject to concurrent acquisition who meets the requirements under Article 8 (1) of the Act, applies for concurrent acquisition under paragraphs (1) and (2), the Minister of Justice shall, when his or her father or mother acquires the nationality, inform him or her of the matters concerning concurrent acquisition and notify the head of the family register office at the place of registration thereof, and shall make public announcement thereof in the Official Gazette. <Amended by Presidential Decree No. 29372, Dec. 18, 2018> |
[This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
| Article 8 (Application for Permission to Recover Nationality) |
| (1) | A person who intends to obtain permission to recover nationality under Article 9 (1) of the Act shall prepare an application for the recovery of nationality prescribed by Ordinance of the Ministry of Justice and submit it to the head of an immigration office, etc. <Amended by Presidential Decree No. 22588, Dec. 31, 2010; Presidential Decree No. 28870, May 8, 2018> |
| (2) | When the head of an immigration office, etc. receives an application as prescribed in paragraph (1), he or she shall send it to the Minister of Justice without delay: Provided, That where any inquiry, examination, confirmation, or other measure is required as prescribed by the Minister of Justice, he or she shall send it with his or her opinion attached thereto after following such procedure. <Newly Inserted by Presidential Decree No. 22588, Dec. 31, 2010; Presidential Decree No. 28870, May 8, 2018> |
[This Article Wholly Amended by Presidential Decree No. 21061, Oct. 6, 2008]
| Article 9 (Examination of Applications for Recovery of Nationality) |
| (1) | When the Minister of Justice examines the requirements for the recovery of nationality in respect of an applicant for permission to recover nationality under Article 9 (2) of the Act, the Minister may request the head of a relevant agency to examine the applicant's personal and criminal records, military service record and trends of his or her sojourn, or seek an opinion on other necessary matters. |
| (2) | The Minister of Justice may, where deemed necessary, request an applicant for permission to recover nationality to make a statement or submit supplemental materials. |
[This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
| Article 9-2 (Receiving Oath of Citizenship from, and Granting Certificate of Recovery of Nationality to, Person Permitted to Recover Nationality) |
Articles 4-2 through 4-4 shall apply mutatis mutandis to the procedures by which the Minister of Justice receives an oath of citizenship and grants a certificate of recovery of nationality pursuant to the main sentence of Article 9 (3) of the Act, the content of such oath of citizenship, the person who may be exempted from taking an oath of citizenship pursuant to the proviso of the same Article, affairs of receiving an oath and granting a certificate of recovery of nationality on the behalf of the Minister of Justice, and affairs of vicariously exempting from taking an oath of citizenship. In such cases, “naturalization” shall be deemed as “recovery of nationality.” [This Article Newly Inserted by Presidential Decree No. 29372, Dec. 18, 2018]
| Article 10 (Notification of Acquisition of Nationality by Recovering Nationality) |
When a person applying for permission of recovery of nationality acquires the nationality, the Minister of Justice shall without delay inform the head of the family register office at the place of registration of such fact, and make public announcement thereof in the Official Gazette.
[This Article Wholly Amended by Presidential Decree No. 29372, Dec. 18, 2018]
| Article 11 (Procedures for Renouncing Foreign Nationality) |
| (1) | A person who intends to renounce a foreign nationality under Article 10 (1) or (2) of the Act shall follow the procedure for renouncing or losing a foreign nationality within the designated period and submit, without delay, to the Minister of Justice, the certificate of renunciation (loss) of foreign nationality or other corresponding documents (hereinafter referred to as "certificate, etc. of renunciation of nationality") issued by a consul or other relevant officials of the relevant foreign country. <Amended by Presidential Decree No. 22588, Dec. 31, 2010> |
| (2) | The Minister of Justice shall issue a written verification of the renunciation of a foreign nationality to a person who has submitted a certificate, etc. of renunciation of nationality under paragraph (1). <Amended by Presidential Decree No. 22588, Dec. 31, 2010> |
| (3) | A person who intends to vow his or her intention not to exercise his or her foreign nationality in the Republic of Korea under Article 10 (2) of the Act (hereinafter referred to as the "vow not to exercise a foreign nationality") shall prepare a written vow not to exercise a foreign nationality and submit such vow to the head of an immigration office, etc. within the designated period, while having his or her address in the Republic of Korea. <Amended by Presidential Decree No. 22588, Dec. 31, 2010; Presidential Decree No. 28870, May 8, 2018> |
| (4) | The head of an immigration office, etc. shall, when he or she receives a written vow not to exercise a foreign nationality pursuant to paragraph (3), send it to the Minister of Justice without delay, and, when the Minister of Justice accepts it, he or she shall issue a written verification of such vow to a person who has submitted a written vow. <Newly Inserted by Presidential Decree No. 22588, Dec. 31, 2010; Presidential Decree No. 28870, May 8, 2018> |
| (5) | Where a person who has renounced a foreign nationality under Article 11-2 (2) of the Act has submitted a certificate, etc. of renunciation of nationality and requests verification thereof, the Minister of Justice shall issue a written verification of the renunciation of a foreign nationality. <Newly Inserted by Presidential Decree No. 22588, Dec. 31, 2010> |
| (6) | Forms of a written verification of the renunciation of a foreign nationality, a written vow not to exercise a foreign nationality, and verification of the written vow not to exercise a foreign nationality under the provisions of paragraphs (2) through (5) shall be prescribed by Ordinance of the Ministry of Justice. <Newly Inserted by Presidential Decree No. 22588, Dec. 31, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21061, Oct. 6, 2008]
| Article 12 (Requests for Certification of Facts concerning Renunciation of Foreign Nationality) |
| (1) | Where the Minister of Justice needs to verify whether a person under Article 10 (1) of the Act (except those who have submitted a certificate, etc. of renunciation of nationality or a written vow not to exercise a foreign nationality under Article 11 (1) or (3)) has renounced the foreign nationality after the expiration of the designated period, he or she may request him or her to certify such renunciation. |
| (2) | Where the whereabouts of a person under paragraph (1) is unknown or there exists any other unavoidable cause making it impracticable to make a request in writing, a request under paragraph (1) may be made by publishing it in the Official Gazette. In such case, a request is deemed made on the day following that the request is published in the Official Gazette. |
| (3) | A person, in receipt of a request under paragraphs (1) and (2), shall certify the renunciation of a foreign nationality within one month after receipt of a request in the form of a certificate, etc. of renunciation of nationality issued by a consul or other relevant officials of the relevant foreign country, and if the request is not complied with, he or she shall be deemed not to have renounced the foreign nationality. |
| (4) | Where a person under paragraph (3) fails to comply with a request within the period by reason of natural disasters or force majeure events, he or she may certify the renunciation of foreign nationality within 10 days after such grounds cease to exist. |
[This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
| Article 13 (Persons Having Difficulty in Renouncing Foreign Nationalities) |
| (1) | "Person prescribed by Presidential Decree" in Article 10 (2) 5 of the Act means any of the following persons: <Amended by Presidential Decree No. 28255, Aug. 29, 2017> |
| 1. | A person who finds it impracticable to renounce a foreign nationality because of laws and institutions of the foreign country or a person who is deemed to be in circumstances corresponding thereto; |
| 2. | A person who has submitted documents certifying the circumstantial difficulties in following the procedure for renouncing nationality within the period prescribed in Article 10 (1) of the Act, because of the laws and scheme of the relevant foreign country, in spite that he or she has commenced a procedure for renouncing nationality of the relevant foreign country within three months after acquiring the nationality of the Republic of Korea. |
| (2) | When a person falling under paragraph (1) 2 completes the procedure for renouncing a foreign nationality, he or she shall submit his or her certificate, etc. of renunciation of nationality to the Minister of Justice without delay. |
[This Article Wholly Amended by Presidential Decree No. 22588, Dec. 31, 2010]
| Article 14 (Limitations on Treatment for Persons who Fail to Renounce Foreign Nationality) |
With regard to a person who fails to follow the procedure for renouncing a foreign nationality or to make a vow not to exercise a foreign nationality pursuant to Article 10 (1) or (2) of the Act in spite that he or she has acquired the nationality of the Republic of Korea, limitations on treatment as a national of the Republic of Korea may be imposed in respect of immigration, sojourn, resident registration, issuance of a passport, and other case as prescribed by relevant laws and regulations. [This Article Wholly Amended by Presidential Decree No. 22588, Dec. 31, 2010]
| Article 15 (Procedures for Reporting Re-Acquisition of Nationality) |
| (1) | A person who intends to re-acquire the nationality of the Republic of Korea under Article 11 (1) of the Act shall prepare a report on nationality acquisition prescribed by Ordinance of the Ministry of Justice and submit such report to the Minister of Justice. |
| (2) | Where the Minister of Justice receives a report on nationality acquisition under paragraph (1), he or she shall inform a person who has submitted the report and the head of the family register office at the place of registration thereof without delay, and make public announcement thereof in the Official Gazette. <Amended by Presidential Decree No. 22588, Dec. 31, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21061, Oct. 6, 2008]
| Article 16 (Meaning of Persons with Multiple Nationalities) |
| (1) | “Person prescribed by Presidential Decree” in Article 11-2 (1) of the Act means any of the following: <Amended by Presidential Decree No. 28255, Aug. 29, 2017> |
| 2. | A person who has reported his or her intention to retain the nationality of the Republic of Korea to the Minister of Justice within six months after he or she has acquired the nationality of a foreign country under Article 15 (2) of the Act as a national of the Republic of Korea; |
| 3. | A person who has re-acquired the nationality of the Republic of Korea after making a vow to the Minister of Justice not to exercise a foreign nationality under Article 2 (1) of the Addenda to the amended Nationality Act (Act No. 10275) or a person who has made a vow not to exercise a foreign nationality after re-acquiring a foreign nationality pursuant to Article 2 (2) of the same Addenda. |
| (2) | With regard to a person who falls under any subparagraph of Article 12 (3) of the Act before he or she reaches his or her full 20 years of age, the period prescribed in the main sentence of Article 12 (2) of the same Act shall be counted from the time he or she reaches his or her full 20 years of age. |
[This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
| Article 16-2 (Persons Born while Their Lineal Ascendents Stayed Abroad without the Intention to Permanently Reside in Foreign Countries) |
Any person who was born while his or her lineal ascendent stayed abroad without the intention to permanently reside in any foreign country as prescribed in the main body of Article 12 (3) of the Act shall refer to any person who was neither born in a state that his or her father or mother acquired the right of permanent residence in a foreign country while living mainly in the foreign country nor born in a state of sojourn in a foreign country corresponding thereto, as prescribed by Ordinance of the Ministry of Justice. [This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
| Article 17 (Procedures for Choosing Nationality of the Republic of Korea) |
| (1) | Any person with multiple nationalities who intends to choose the nationality of the Republic of Korea under Article 13 (1) or under the proviso to Article 13 (2) of the Act shall follow procedures to renounce or lose the nationality of a foreign country under Article 11 (1) or (2) within the period designated and complete a report on choice of nationality prescribed by Ordinance of the Ministry of Justice and submit such report to the Minister of Justice or make a vow not to exercise a foreign nationality under Article 11 (3) and (4) and then complete a report on choice of nationality and submit such report to the head of an immigration office, etc. In such cases, the head of an immigration office, etc. shall send the report on choice of nationality that he or she has received to the Minister of Justice without delay. <Amended by Presidential Decree No. 28870, May 8, 2018> |
| (2) | Any person with multiple nationalities who intends to file a report on his or her intention to choose the nationality of the Republic of Korea under the main sentence of Article 13 (2) or under Article 13 (3) of the Act shall follow procedures to renounce or lose the nationality of a foreign country, complete a report on choice of nationality prescribed by Ordinance of the Ministry of Justice and submit such report to the Minister of Justice. |
| (3) | The term "a person whose mother is deemed to have resided in a foreign country for the purpose of having the person acquire the nationality of the foreign country at the time of his or her birth" in Article 13 (3) of the Act means a person who was born during a sojourn in a foreign country after his or her mother who lives mainly in the Republic of Korea has left for the foreign country during pregnancy for the purpose of having the person acquire the nationality of the foreign country: Provided, That a person whose father or mother falls under any of the following subparagraphs shall be excluded herefrom: |
| 1. | Where he or she has lived in a foreign country for at least two years consecutively adding up the periods both before and after the birth of the person; |
| 2. | Where he or she has acquired the right of permanent residence or nationality of the foreign country before or after the birth of the person; |
| 3. | Where he or she has been staying in a foreign country at the time of birth of the person for a period determined by the Minister of Justice on reasonable grounds in view of the prevailing social norms, such as studying abroad, dispatch for public services, sojourn abroad, and employment. |
| (4) | When the Minister of Justice accepts a report on choice of nationality under paragraphs (1) through (3), he or she shall inform a person who has submitted the report and the head of the family register office at the place of registration thereof without delay. |
[This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
| Article 18 (Procedures for Renouncing Nationality of the Republic of Korea) |
| (1) | A person with multiple nationalities who intends to declare his or her intention to renounce his or her nationality of the Republic of Korea under Article 14 (1) of the Act shall prepare a report on renunciation of nationality prescribed by Ordinance of the Ministry of Justice and submit it to the head of a diplomatic mission abroad having jurisdiction over the place of his or her residence, and the head of a diplomatic mission abroad shall send it to the Minister of Justice without delay. |
| (2) | The Minister of Justice shall accept a report on renunciation of nationality under paragraph (1) only if the requirements for accepting the renunciation of nationality as referred to in Article 14 (1) of the Act are met. |
| (3) | When the Minister of Justice accepts a report on renunciation of nationality under paragraphs (1) and (2), he or she shall inform a person who has submitted the report through the head of a diplomatic mission abroad who has received the report thereof without delay, notify the head of the family register office at the place of registration thereof, and make a public announcement thereof in the Official Gazette. |
| (4) | If a person who has renounced the nationality is on the register of residence, the Minister of Justice shall inform the head of the relevant resident registration office thereof. |
| (5) | Document to be notified to the head of the family register office or resident registration office at the place of registration under paragraph (3) or (4) shall include the following information: |
| 1. | Name, date of birth, gender, and place of registration of a person who has renounced nationality; |
| 2. | Ground for and date of renunciation of nationality; |
| (6) | If a person who has renounced the nationality holds a passport of the Republic of Korea already issued, the Minister of Justice may notify the Minister of Foreign Affairs of the information listed in the subparagraphs of paragraph (5) and the relevant passport number. <Newly Inserted by Presidential Decree No. 28255, Aug. 29, 2017> |
[This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
| Article 18-2 (Procedures for Placing an Order to Choose Nationality) |
| (1) | When the Minister of Justice issues an order to choose one nationality under Article 14-2 (1) and (2) of the Act, he or she shall place, in person or by registered mail, the order to choose one nationality as prescribed by Ordinance of the Ministry of Justice: Provided, That where it is impracticable to deliver such order in person or by registered mail, it shall be delivered or sent to a family member under Article 779 of the Civil Act or a de facto supporter. |
| (2) | Where delivery or sending of the order to choose one nationality is impracticable because of unknown whereabouts, or other reasons, it shall be publicly announced in the Official Gazette, whereby it shall take its effect 14 days after the date of its announcement. |
| (3) | If a person who has received an order to choose one nationality from the Minister of Justice pursuant to Article 14-2 (1) or (2) of the Act intends to choose the nationality of the Republic of Korea, he or she shall follow the procedures prescribed in Article 17, or when he or she intends to renounce it, he or she shall follow the procedures prescribed in Article 18. |
| (4) | The term "any act evidently violating such intention" in Article 14-2 (2) of the Act means any of the following acts, which is committed by a person who has made a vow not to exercise a foreign nationality: |
| 1. | Where he or she has departed from or entered the Republic of Korea repeatedly with a foreign passport; |
| 2. | Where he or she has completed foreign registration or reported on place of residence for the purpose of exercising a foreign nationality; |
| 3. | Where he or she has exercised or intended to exercise a right of an alien over the State or any local government, public institution, public organization or educational institution by making use of a foreign passport in the Republic of Korea without any justifiable reason. |
| (5) | The Minister of Justice may inquire the head of a relevant agency or a diplomatic mission abroad of matters necessary for verification of the place of domestic or overseas domicile of a person with multiple nationalities. |
| (6) | Where a person with multiple nationalities loses the nationality of the Republic of Korea under Article 14-2 (4) of the Act due to a failure to comply with an order to choose one nationality that he or she has received, the Minister of Justice shall make a public announcement of the following information in the Official Gazette without delay, and notify the heads of the relevant family register office and the resident registration office thereof: |
| 1. | Name, date of birth, gender and the place of registration of a person who has lost the nationality; |
| 2. | Ground for and date of loss of the nationality; |
| (7) | Where a person with multiple nationalities who has lost the nationality of the Republic of Korea under Article 14-2 (4) of the Act holds a passport of the Republic of Korea already issued, the Minister of Justice may notify the Minister of Foreign Affairs of the information listed in the subparagraphs of paragraph (6) and the relevant passport number. <Newly Inserted by Presidential Decree No. 28255, Aug. 29, 2017> |
[This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
| Article 18-3 (Procedures for Determination on Loss of Nationality of the Republic of Korea) |
| (1) | Where the Minister of Justice deems obviously inappropriate that a person with multiple nationalities maintains the nationality of the Republic of Korea under Article 14-3 (1) of the Act, he or she shall determine the loss of nationality after deliberation by the Nationality Deliberation Committee under Article 28. <Amended by Presidential Decree No. 28255, Aug. 29, 2017> |
| (2) | The term "any act prescribed by Presidential Decree" in Article 14-3 (1) 2 of the Act means such crimes named as murder, rape, and others to be prescribed by Ordinance of the Ministry of Justice, because of which a person has been sentenced to imprisonment or imprisonment without labor for at least seven years and for which such punishment has been finalized. |
| (4) | Article 18-2 (6) and (7) shall apply mutatis mutandis by the Minister of Justice to a case where a person with multiple nationality loses the nationality of the Republic of Korea by receiving the decision to lose it. <Amended by Presidential Decree No. 28255, Aug. 29, 2017> |
[This Article Newly Inserted by Presidential Decree No. 22588, Dec. 31, 2010]
| Article 18-4 (Procedures for Notification of Persons with Multiple Nationalities) |
| (1) | The notification under Article 14-4 (1) of the Act shall be given to the head of an immigration office, etc. who has jurisdiction over the address of an agency to which the relevant public official belongs: Provided, That cases where the head of a diplomatic mission abroad gives such notification shall be prescribed by the Minister of Justice separately. <Amended by Presidential Decree No. 28870, May 8, 2018> |
| (2) | The notification under paragraph (1) shall be given in a document which contains the following matters, accompanied by a document certifying the ground for and date of acquisition of multiple nationalities and a copy of a foreign passport possessed by a person with multiple nationalities: <Amended by Presidential Decree No. 25384, Jun. 17, 2014> |
| 1. | Personal information, such as name in Hangeul, date of birth, and the place of registration; |
| 2. | Name in English and date of birth as stated in the foreign nationality. |
| (3) | If the head of an immigration office, etc. is given notification under paragraph (1) or discovers a person with multiple nationalities in the course of performing his or her official duties, he or she shall prepare a sheet on a person with multiple nationalities and send such sheet to the Minister of Justice, keeping a duplicate with him or her. |
[This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
| Article 19 (Procedures for Reporting Intention to Retain Nationality) |
| (1) | A person who intends to report his or her intention to retain the nationality of the Republic of Korea under Article 15 (2) of the Act shall prepare a report on the retention of nationality prescribed by Ordinance of the Ministry of Justice and submit such report to the head of an immigration office, etc. <Amended by Presidential Decree No. 22588, Dec. 31, 2010; Presidential Decree No. 28870, May 8, 2018> |
| (2) | When the head of an immigration office, etc. receives a report on the retention of nationality under paragraph (1), he or she shall send such report to the Minister of Justice without delay. <Newly Inserted by Presidential Decree No. 22588, Dec. 31, 2010; Presidential Decree No. 28870, May 8, 2018> |
| (3) | When the Minister of Justice accepts a report on the retention of nationality under paragraphs (1) and (2), he or she shall inform a person who has submitted the report thereof without delay and notify the head of family register office at the person's place of registration thereof. <Amended by Presidential Decree No. 22588, Dec. 31, 2010> |
| (4) | Documents to be notified to the head of the family register office at the person's place of registration under paragraph (3) shall include the following matters: <Amended by Presidential Decree No. 22588, Dec. 31, 2010> |
| 1. | Name, date of birth, gender, and the place of registration of a person who reports on retaining the nationality; |
| 2. | Ground for and date of acquisition of foreign nationality. |
[This Article Wholly Amended by Presidential Decree No. 21061, Oct. 6, 2008]
| Article 20 (Procedures for Reporting or Notifying the Loss of Nationality) |
| (1) | A person who intends to file a report on the loss of nationality under Article 16 (1) of the Act shall prepare a report on the loss of nationality prescribed by Ordinance of the Ministry of Justice and submit such report to the Minister of Justice. |
| (2) | In notifying the loss of nationality under Article 16 (2) of the Act, personal information, such as the person's name, date of birth, gender, and place of registration, shall be recorded and documents certifying the ground for and date of loss of the nationality of the Republic of Korea, or a copy of the foreign passport he or she has shall be attached thereto. |
[This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
| Article 21 (Administration concerning Persons who have Lost Nationality) |
| (1) | When the Minister of Justice finds, in the course of performing his or her duties, a person who is not removed from his or her place of registration after the loss of the nationality of the Republic of Korea under Article 16 (3) of the Act, or receives a report or notification of the loss of nationality under Article 20, he or she shall, without delay, publicly announce such fact in the Official Gazette and notify the head of the family registry office of the person's place of registration thereof. |
| (2) | Article 18 (4) and (5) shall apply mutatis mutandis to paragraph (1). <Amended by Presidential Decree No. 22588, Dec. 31, 2010> |
| (3) | Where a person who has received a report or notification of the loss of nationality under Article 16 (1) or (2) of the Act holds a passport of the Republic of Korea already issued, the Minister of Justice may notify the Minister of Foreign Affairs of the information listed in the subparagraphs of Article 18-2 (6) and the relevant passport number. <Newly Inserted by Presidential Decree No. 28255, Aug. 29, 2017> |
[This Article Wholly Amended by Presidential Decree No. 21061, Oct. 6, 2008]
| Article 22 Deleted. <by Presidential Decree No. 25384, Jun. 17, 2014> |
| Article 23 (Application for Determination of Nationality) |
| (1) | A person who intends to apply for determination of nationality under Article 20 of the Act shall prepare an application for determination of nationality prescribed by Ordinance of the Ministry of Justice and submit such application to the head of an immigration office, etc. <Amended by Presidential Decree No. 28870, May 8, 2018> |
| (2) | When the head of an immigration office, etc. receives an application under (1), he or she shall send such application to the Minister of Justice without delay. <Amended by Presidential Decree No. 28870, May 8, 2018> |
[This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
| Article 24 (Screening of Determination of Nationality and Determination Procedures) |
| (1) | The Minister of Justice may, if necessary to determine nationality, request the head of a relevant agency to examine the personal and criminal records, and trends of his or her sojourn, or seek an opinion concerning reference matters for determination. |
| (2) | The Minister of Justice may, if necessary, request an applicant for determination of nationality to state his or her opinion or submit supplementary documents. |
| (3) | The Minister of Justice shall determine whether an applicant currently holds the nationality of the Republic of Korea after examining the following matters: |
| 1. | The applicant's family line; |
| 2. | Grounds for immigration; |
| 3. | Whether the nationality of the Republic of Korea is acquired; |
| 4. | Whether any records showing the loss of the nationality of the Republic of Korea by reason that he or she acquired a foreign nationality after acquiring the nationality of the Republic of Korea exist. |
| (4) | When the Minister of Justice deems that an applicant for determination of nationality currently holds the nationality of the Republic of Korea, he or she shall notify the applicant and the head of the family register office at his or her place of registration thereof without delay, and make public announcement thereof in the Official Gazette. |
| (5) | A person who is subject to determination under paragraph (4) may create a new family register under the Act on the Registration of Family Relationship without following a separate procedure for the acquisition of nationality. |
[This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
| Article 25 (Reports or Application by Persons with Overseas Domiciles) |
| (1) | With regard to a report or application under Articles 3 (1), 9 (1), 11 (1), 13 (1) and (2), 15 (2), and 16 (1) of the Act, where a person who intends to make a report or file an application has a domicile overseas, he or she may also submit a report or application through the head of the overseas diplomatic or consular missions having jurisdiction over that domicile. <Amended by Presidential Decree No. 22588, Dec. 31, 2010> |
| (2) | The head of the overseas diplomatic or consular missions who receives a report or application under paragraph (1) shall send such report or application without delay to the Minister of Justice via the Minister of Foreign Affairs. <Amended by Presidential Decree No. 24415, Mar. 23, 2013> |
| (3) | Where the Minister of Justice accepts a report or receives an application through the head of the overseas diplomatic or consular missions, he or she shall notify the head of the relevant overseas diplomatic or consular missions via the Minister of Foreign Affairs thereof. <Amended by Presidential Decree No. 24415, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 21061, Oct. 6, 2008]
| Article 25-2 (Methods and Procedures for Filing Applications or Reporting) |
| (1) | Any application or report in accordance with the Act and this Decree shall be filed or made by himself or herself (limited to at least 15 years old): Provided, That a report on the loss of the nationality under Article 16 (1) of the Act may be made by his or her spouse him or herself or a close relative within the fourth degree of kinship. |
| (2) | When an application or report is filed or made by a legal representative or others in accordance with Article 19 of the Act or the proviso to paragraph (1) of this Article, the following matters shall be entered in the written application or the written report, and papers to verify relations under subparagraph 2 shall be attached: |
| 1. | Name and address of a representative; |
| 2. | Relation with an applicant or a reporter. |
[This Article Newly Inserted by Presidential Decree No. 25384, Jun. 17, 2014]
| Article 26 (Matters to be Publicly Announced in Official Gazette) |
Matters to be announced publicly in the Official Gazette under Article 17 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 29372, Dec. 18, 2018> | 1. | In cases of accepting a report on the acquisition of nationality by acknowledgement: Personal information of a person who acquires the nationality (including the name, date of birth, gender, previous nationality, and anticipated place of registration; hereafter the same shall apply in subparagraphs 2 through 4) and date on which the report was accepted; |
| 2. | Where a person applying for permission of recovery of nationality acquires the nationality: Personal information of a person naturalized and the date of acquiring the nationality (where a person is naturalized concurrently, the personal information of the person of concurrent naturalization shall be included); |
| 3. | Where a person applying for permission of recovery of nationality acquires the nationality: Personal information of a person recovered, ground for and date of the loss of nationality, and date of acquiring the nationality (where a person is recovered concurrently, the personal information of a person of concurrent recovery shall be included); |
| 4. | In cases of accepting a report on the re-acquisition of nationality by dint of reporting the re-acquisition of nationality: Personal information of a person who re-acquires the nationality and the date of re-acquisition; |
| 5. | In cases of accepting a report on the renunciation of nationality: Personal information of a person who has renounced nationality (including name, date of birth, gender, foreign nationality and place of registration) and date on which the report was accepted; |
| 6. | In cases of administering the loss of nationality for a person who has lost nationality: Personal information of a person who has lost the nationality (including name, date of birth, gender, foreign nationality, and place of registration) and ground for and date of the loss of nationality (in cases of acquisition of a foreign nationality, the nationality is also included); |
| 7. | In cases of determining that an applicant for determination of nationality holds such nationality: Personal information of a person for whom a determination of nationality is made (including name, date of birth, gender, foreign nationality, place of registration and anticipated place of registration), and date of such determination. |
[This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
| Article 27 (Standards and Procedures for Revocation of Permission) |
| (1) | The Minister of Justice may revoke permission for naturalization or recovery of nationality, or determination on holding of nationality pursuant to Article 21 (1) of the Act, in respect of the following persons: |
| 1. | A person who forges or falsifies evidentiary documents on status relationship for the purposes of obtaining permission for naturalization or recovery of nationality, or determination on holding of nationality, or a person who is found guilty by submitting forged or falsified evidentiary documents; |
| 2. | A person who has acquired the nationality of the Republic of Korea on the grounds of marriage, adoption, or other grounds, but is found guilty due to an act, such as reporting which constitutes a ground for the acquisition of nationality; |
| 3. | A person for whom the judgment of invalidity or revocation becomes final and conclusive in respect of a legal relation which constitutes a ground for the acquisition of nationality; |
| 4. | Any other person who has a serious defect in respect of permission for naturalization or recovery of nationality, or determination on holding of nationality. |
| (2) | The Minister of Justice shall, when he or she intends to revoke permission for naturalization or to recover nationality, or determination on holding of nationality pursuant to Article 21 (1) of the Act, provide the relevant party with an opportunity to explain: Provided, That the same shall not apply where the whereabouts of the relevant party is unknown or the relevant party fails to comply with a request for the presentation of explanatory materials at least twice without any justifiable ground. |
| (3) | The Minister of Justice shall, when he or she has revoked permission for naturalization or to recover nationality, or determination on holding of nationality pursuant to Article 21 (1) of the Act, promptly inform the relevant person and the head of the family register office at the person's place of registration thereof, and make a public announcement thereof in the Official Gazette. |
| (4) | Article 18 (4) shall apply mutatis mutandis to cases under paragraph (3). |
| (5) | When making an announcement in the Official Gazette or giving notifications to the heads of the family register office at the place of registration and the resident registration office, the following information shall be included: |
| 1. | Name, date of birth, gender and place of registration of a person subject to revocation; |
| 2. | Ground for and date of revocation. |
| (6) | Where the Minister of Justice revokes permission for naturalization, to recover nationality, or determination on holding of nationality pursuant to Article 21 (1) of the Act, and the person at issue holds a passport of the Republic of Korea already issued, the Minister of Justice may notify the Minister of Foreign Affairs of the information listed in the subparagraphs of paragraph (5) and the relevant passport number. <Newly Inserted by Presidential Decree No. 28255, Aug. 29, 2017> |
[This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
| Article 28 (Nationality Deliberation Committee) |
For the purpose of deliberating on the following matters, the Nationality Deliberation Committee (hereinafter referred to as the "Committee") shall be established under the jurisdiction of the Minister of Justice:
| 2. | Matters concerning determination on loss of the nationality of the Republic of Korea under Article 14-3 of the Act; |
| 3. | Other matters referred to deliberation of the Committee by the Minister of Justice, with regard to duties concerning nationality. |
[This Article Wholly Amended by Presidential Decree No. 28255, Aug. 29, 2017]
| Article 28-2 (Organization and Term of Office of the Committee) |
| (1) | The Committee shall be comprised of one chairperson and not more than 30 members. |
| (2) | The Commissioner of the Korea Immigration Service of the Ministry of Justice shall be the chairperson of the Committee, and the following persons shall become its members: |
| 1. | The Director General of Nationality and Integration Policy of the Ministry of Justice; |
| 2. | Public officials of the agencies related to the matters subject to deliberation of the Committee in the field of science, economy, culture, sports, and others, who are appointed by the Minister of Justice; |
| 3. | Other civil experts commissioned by the Minister of Justice. |
| (3) | In order to deal with affairs of the Committee, it shall have one secretary, and a director in charge of the affairs related to nationality in the Ministry of Justice shall be the secretary. |
| (4) | Term of office of a commissioned member shall be two years, and the consecutive appointment may be permitted only once: Provided, That the term of office of a member who is newly commissioned because of the occurrence of a vacancy during a member's term of office shall be the remainder of his or her predecessor's term of office. |
[This Article Wholly Amended by Presidential Decree No. 28255, Aug. 29, 2017]
| Article 28-3 (Duties of Chairperson of the Committee) |
| (1) | The chairperson shall represent the Committee, and shall exercise general supervision over its affairs. |
| (2) | When the chairperson becomes unable to perform his or her duties due to any inevitable reason, a member designated by the chairperson shall act on his or her behalf. |
[This Article Wholly Amended by Presidential Decree No. 28255, Aug. 29, 2017]
| Article 28-4 (Operation of the Committee) |
| (1) | The chairperson shall convene meetings of the Committee when requested by the Minister of Justice or when he or she deems it necessary, and he or she shall preside over the meeting. |
| (2) | A meeting of the Committee shall be comprised of the chairperson and up to 15, but not less than 10 members whom the chairperson appoints for every meeting. |
| (3) | A meeting of the Committee shall be opened with the attendance of a majority of the members of the Committee under paragraph (2), and any decision thereof shall require the concurring vote of a majority of those present. |
| (4) | When deemed necessary, the Committee may request the attendance of the relevant person and hear his or her opinion. |
| (5) | Matters necessary for operating the Committee, other than those provided for in this Decree, shall be prescribed by the Minister of Justice. |
[This Article Wholly Amended by Presidential Decree No. 28255, Aug. 29, 2017]
| Article 28-5 (Discharge or Dismissal of Member of the Committee) |
The Minister of Justice may discharge or dismiss a member of the Committee where the member falls under any of the following: <Amended by Presidential Decree No. 29372, Dec. 18, 2018>
| 1. | Where he or she becomes unable to perform his or her duties due to mental disorder; |
| 2. | Where there is any illegality related to his or her duties; |
| 3. | Where he or she is deemed inappropriate to be a member of the Committee due to neglect of duties, injury to dignity, or other reasons; |
| 4. | Where he or she fails to voluntarily refrain despite that he or she falls under any of subparagraphs of Article 28-6 (1); |
| 5. | Where the member makes his or her intentions clear that he or she is unable to perform duties. |
[This Article Newly Inserted by Presidential Decree No. 26844, Dec. 31, 2015]
| Article 28-6 (Disqualification of Members) |
| (1) | Where a member of the Committee falls under any of the following cases, he or she shall be disqualified from deliberations and resolutions of the Committee: |
| 1. | If the member or his or her current or former spouse is a party to the relevant agenda, or the joint holder of any right or joint burdener of any duty with said party in regards to the relevant agenda; |
| 2. | If the member is a current or former relative of a party to the relevant agenda; |
| 3. | If the member has provided testimony, statement, consultation, research, service, or expert opinion in regards to the relevant agenda; |
| 4. | If the member or the corporation or organization to which the member belongs is the current or former agent of a party to the relevant agenda. |
| (2) | Where any ground for disqualification specified in the subparagraphs of paragraph (1) is applicable to a member, he or she shall voluntarily refrain from the deliberation and resolution of the relevant agenda. <Amended by Presidential Decree No. 29372, Dec. 18, 2018> |
[This Article Newly Inserted by Presidential Decree No. 28255, Aug. 29, 2017]
| Article 28-7 (Methods of Notification) |
Any notice to the related agencies by the Minister of Justice and any delivery to the Minister of Justice by the head of an immigration office, etc. under the Act and this Decree, may be made by electronic means. <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Newly Inserted by Presidential Decree No. 28255, Aug. 29, 2017]
| Article 29 (Delegation of Authority) |
The Minister of Justice shall delegate his or her authority prescribed in each of the following subparagraphs to the head of an immigration office, etc. under Article 22 of the Act: <Amended by Presidential Decree No. 25384, Jun. 17, 2014; Presidential Decree No. 28255, Aug. 29, 2017; Presidential Decree No. 28870, May 8, 2018> | 1. | Authority concerning a report on acquisition of nationality by acknowledgement under Article 3 of the Act; |
| 2. | Authority concerning receipt of the certificate, etc. of renunciation of nationality or the documents certifying the circumstantial difficulties in following the procedure for renouncing nationality, or authority concerning issuance of a written verification on the renunciation of foreign nationality, under Article 10 of the Act, Articles 11 (1), (2) and 13 of this Decree; |
| 3. | Authority to receive a written vow not to exercise a foreign nationality and to issue a verification of such vow under Article 10 (2) of the Act and Article 11 (4) of this Decree; |
| 5. | Authority concerning receipt of the certificate, etc. of renunciation of nationality and issuance of a written verification of renunciation of foreign nationality under Article 11-2 (2) of the Act and Article 11 (5) of this Decree; |
| 7. | Authority concerning a report on or notification of the loss of nationality under Article 16 of the Act. |
[This Article Newly Inserted by Presidential Decree No. 22588, Dec. 31, 2010]
| Article 30 (Handling Sensitive Information and Personally Identifiable Information) |
| (1) | Where it is inevitable for the performance of any of the following affairs, the Minister of Justice (including a person to whom the Minister of Justice has delegated his or her authority under Article 29) or the head of an immigration office, etc. may handle the information on ideas, beliefs, political opinions, and health under Article 23 of the Personal Information Protection Act, the genetic information or information constituting criminal records under subparagraph 1 or 2 of Article 18 of the Enforcement Decree of the said Act, and the data containing resident registration numbers, passport numbers, or alien registration numbers under subparagraph 1, 2, or 4 of Article 19 of the said Enforcement Decree: <Amended by Presidential Decree No. 25532, Aug. 6, 2014; Presidential Decree No. 28870, May 8, 2018> |
| (2) | Where it is inevitable for the performance of any of the following affairs, the Minister of Justice (including a person to whom the Minister of Justice has delegated his or her authority under Article 29) or the head of an immigration office, etc. may handle the data containing resident registration numbers, passport numbers, or foreign registration numbers under subparagraph 1, 2 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Newly Inserted by Presidential Decree No. 25532, Aug. 6, 2014; Presidential Decree No. 28255, Aug. 29, 2017; Presidential Decree No. 28870, May 8, 2018> |
| 1. | Affairs concerning the notification of persons with multiple nationalities and the preparation of a sheet on a person with multiple nationalities under Article 14-4 of the Act and Article 18-4 of this Decree; |
| 2. | Affairs concerning the notification to a family register office and other offices under Article 16 (3) of the Act, Articles 2 (2), 5, 7 (3), 10 (1), 15 (2), 17 (4), 18 (3), (4) and (6), 18-2 (6) and (7) (for Article 18-2 (6) and (7), including cases where it applies mutatis mutandis under Article 18-3 (4)), Article 19 (3), 21 (1) and (3), 24 (4), and 27 (3) and (6) of this Decree, and Article 4 (4) of the Addenda to the Enforcement Decree of the Nationality Act as partially amended by Presidential Decree No. 22588. |
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on June 14, 1998.
Article 2 (Procedures for Reporting Special Cases of Acquisition of Nationality for Persons of Maternal Line)
| (1) | A person who intends to attain the nationality of the Republic of Korea under Article 7 (1) or (3) of the Addenda of the Act shall prepare a report on acquisition of nationality prescribed by Ordinance of the Ministry of Justice and submit such report to the Minister of Justice. |
| (2) | Where the Minister of Justice accepts a report for the acquisition of nationality under paragraph (1), he or she shall notify a person of such fact without delay and make public announcement thereof in the Official Gazette. |
| (3) | Article 25 (1) through (3) shall apply mutatis mutandis where a person with foreign domicile files a report on acquisition of nationality under paragraph (1). |
ADDENDUM <Presidential Decree No. 20465, Dec. 28, 2007>
This Decree shall enter into force on January 1, 2008.
ADDENDUM <Presidential Decree No. 21061, Oct. 6, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22588, Dec. 31, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2011: Provided, That the amended provisions of Article 29 shall enter into force from the date on which six months lapse after the promulgation of this Act. Article 2 (Period of Validity of the Committee)
The amended provisions of Article 6 (2) (limited to the matters which are subject to the deliberation of the Committee), Articles 28 and 28-2 through 28-4 shall be valid until December 31, 2015. Article 3 (Applicability concerning Delegation of Authority)
The amended provisions of Article 29 shall apply, beginning with a person who reports, submits, or notifies relevant matters for the first time after this Decree enters into force. Article 4 (Procedures for Re-Acquisition of Nationality)
| (1) | A person who intends to re-attain the nationality of the Republic of Korea under Article 2 (1) of the Addenda to the amended Nationality Act (Act No. 10275) shall follow the procedures for renouncing (losing) a foreign nationality or vow his or her intention not to exercise his or her foreign nationality, prepare a nationality acquisition report prescribed by Ordinance of the Ministry of Justice, and submit it to the head of an immigration office, etc. within the period prescribed in Article 2 (1) of the Addenda of the same Act. |
| (2) | A person who has re-attained a foreign nationality under Article 2 (2) of the Addenda to the amended Nationality Act (Act No. 10275) shall submit a written vow not to exercise his or her foreign nationality and its accompanying documents to the head of an immigration office, etc. |
| (3) | When the head of an immigration office, etc. receives a report or other documents under paragraph (1) (limited to the nationality acquisition report submitted after making a vow not to exercise a foreign nationality) or paragraph (2), he or she shall send it to the Minister of Justice without delay. |
| (4) | When the Minister of Justice or the head of an immigration office, etc. accepts a nationality acquisition report under paragraphs (1) through (3), he or she shall notify a person who submitted the report and the head of a family register office at the person's place of registration thereof without delay, and make public announcement thereof in the Official Gazette. |
| (5) | Article 11 shall apply mutatis mutandis to the procedure for renouncing (losing) a foreign nationality or making a vow not to exercise a foreign nationality and a written verification thereof under paragraph (1) or (2). |
| (6) | Article 12 (1) of the Act shall not apply to any person who has become a multiple nationality after taking a vow under paragraph (1) or (2). |
Article 5 (Special Cases concerning Persons Whose Obligations to Renounce Foreign Nationalities Are Reserved)
Any person whose obligation to renounce a foreign nationality is reserved by falling under any of the subparagraphs of abolished Article 13 (1) before the enforcement of this Decree may renounce his or her foreign nationality or make a vow not to exercise his or her foreign nationality under Article 10 of the Act within the period reserved under the abolished provisions.
ADDENDUM <Presidential Decree No. 22750, Mar. 29, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 24415, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 25384, Jun. 17, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Restrictions on Consecutive Appointment of Members of Nationality Deliberation Committee, and Transitional Measures concerning Term of Office of Members)
| (1) | Any restriction on the consecutive appointment of a member prescribed in the amended provisions of main sentence under Article 28-2 (4) shall be applied to a member who has been commissioned as at the time when this Decree enters into force. |
| (2) | The term of office of a member commissioned under the previous Article 28-2 before the enforcement of this Decree shall be the period prescribed in the amended provisions of the main sentence under Article 28-2 (4), and the initial date of term of office shall be based on the date when he or she is commissioned. |
Article 3 (Transitional Measures concerning Delegation of Authority on Reports of Choice of Nationality)
A person whose procedure is in progress among persons who have made a report on choice of nationality as at the time when this Decree enters into force shall comply with the previous provisions, notwithstanding the amended provisions of subparagraph 5 of Article 29.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDUM <Presidential Decree No. 26844, Dec. 31, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28255, Aug. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 4 (3) through (7) shall enter into force six months after the date of its promulgation. Article 2 (Transitional Measures concerning Application for Naturalization Permission)
Notwithstanding the amended provisions of Article 4 (3) through (7), the former provisions of Article 4 (3) through (7) shall apply to those who have applied for naturalization permission before the date of promulgation referred to in the proviso to Article 1 of this Addenda.
ADDENDA <Presidential Decree No. 28870, May 8, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 10, 2018.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 29372, Dec. 18, 2018>
This Decree shall enter into force on December 20, 2018.