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NATIONALITY ACT

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NATIONALITY ACT No.18978 20221001
NATIONALITY ACT No.16851 20200101
NATIONALITY ACT No.15752 20180918
NATIONALITY ACT No.15249 20181220
NATIONALITY ACT No.14407 20161220
NATIONALITY ACT No.14183 20161130
NATIONALITY ACT No.12421 20140619
NATIONALITY ACT No.10275 20100504
NATIONALITY ACT No.8892 20080314
NATIONALITY ACT No.8435 20080101
NATIONALITY ACT No.7499 20050524
NATIONALITY ACT No.7075 20040120
NATIONALITY ACT No.6523 20011219
NATIONALITY ACT No.5431 19980614
NATIONALITY ACT No.2906 19761222
NATIONALITY ACT No.1409 19630930
NATIONALITY ACT No.1180 19621121
NATIONALITY ACT No.16 19481220
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Article 1 (Purpose)
The purpose of this Act is to prescribe the conditions for being a national of the Republic of Korea.
[This Article Wholly Amended by Act No. 8892, Mar. 14, 2008]
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Article 2 (Attainment of Nationality by Birth)
(1) Any of the following persons shall be a national of the Republic of Korea at birth:
1. A person whose father or mother is a national of the Republic of Korea at the time of the person’s birth;
2. A person whose father was a national of the Republic of Korea at the time of the father’s death, if the person’s father died before the person’s birth;
3. A person who was born in the Republic of Korea, if both of the person’s parents are unknown or have no nationality.
(2) An abandoned child found in the Republic of Korea shall be deemed born in the Republic of Korea.
[This Article Wholly Amended by Act No. 8892, Mar. 14, 2008]
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Article 3 (Attainment of Nationality by Acknowledgement)
(1) Where a person, who is not a national of the Republic of Korea (hereinafter referred to as "alien"), is acknowledged by his/her father or mother who is a national of the Republic of Korea, and meets all the following requirements, the person may attain the nationality of the Republic of Korea upon notifying the Minister of Justice thereof:
1. The alien shall be a minor under the Civil Act of the Republic of Korea;
2. At the time of the alien's birth, his/her father or mother was to be a national of the Republic of Korea.
(2) A person who makes a notification under paragraph (1) shall attain the nationality of the Republic of Korea at the time of notification.
(3) Procedures for notification under paragraph (1) and other necessary matters shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 8892, Mar. 14, 2008]
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Article 4 (Attainment of Nationality through Naturalization)
(1) A alien who has never attained the nationality of the Republic of Korea may attain the nationality of the Republic of Korea by obtaining permission for naturalization from the Minister of Justice.
(2) In receipt of an application for naturalization, the Minister of Justice shall determine whether an alien meets the requirements for naturalization under Articles 5 through 7 and then allow naturalization only to a person who meets such requirements.
(3) A alien who obtains permission for naturalization under paragraph (1) shall attain the nationality of the Republic of Korea at the time the Minister of Justice grants such permission.
(4) Matters necessary for procedures for filing an application, the examination thereof, etc. under paragraphs (1) and (2) shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 8892, Mar. 14, 2008]
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Article 5 (Requirements for General Naturalization)
An alien shall meet each of the following requirements in order to obtain permission for naturalization, except in cases falling under Article 6 or 7:
1. He/she shall have had a domicile in the Republic of Korea for at least five consecutive years;
2. He/she shall be an adult under the Civil Act of the Republic of Korea;
3. He/she shall be a man of good conduct;
4. He/she shall be able to support himself/herself, relying on his/her own assets, ability or family he/she lives with;
5. He/she shall have basic knowledge as a national of the Republic of Korea, such as Korean language proficiency and understanding of Korean custom.
[This Article Wholly Amended by Act No. 8892, Mar. 14, 2008]
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Article 6 (Requirements for Facilitated Naturalization)
(1) Any of the following aliens, who has had a domicile in the Republic of Korea for at least three consecutive years, may obtain permission for naturalization, even without meeting the requirements under subparagraph 1 of Article 5:
1. A person whose father or mother was a national of the Republic of Korea;
2. A person who was born in the Republic of Korea and whose father or mother was born in the Republic of Korea;
3. A person adopted by a national of the Republic of Korea and was an adult, under the Civil Act of the Republic of Korea, at the time of adoption.
(2) Where an alien whose spouse is a national of the Republic of Korea falls under any of the following subparagraphs, he/she may obtain permission for naturalization, even without meeting the requirements under subparagraph 1 of Article 5:
1. A person who has had a domicile in the Republic of Korea for at least two consecutive years, being married to the said spouse;
2. A person for whom three years have lapsed, since he/she got married to the said spouse, having a domicile in the Republic of Korea for at least one year consecutively;
3. A person who was unable to sustain marriage due to death or disappearance of his/her spouse or other causes unattributable to him/her while having a domicile in the Republic of Korea and being married to the said spouse, who failed to fulfill the requirements for a period under subparagraph 1 or 2, but has fulfilled the requirements for the remaining period under subparagraph 1 or 2, and that the Minister of Justice considers the case as reasonable;
4. A person who failed to satisfy the requirements under subparagraph 1 or 2, but who is taking care of, or shall take care of, a minor born within the marriage relationship with the said spouse, and has met the domicile period requirements under subparagraph 1 or 2 and that the Minister of Justice considers the case as reasonable.
[This Article Wholly Amended by Act No. 8892, Mar. 14, 2008]
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Article 7 (Requirements for Special Naturalization)
(1) Any of the following aliens, who has a domicile in the Republic of Korea, may obtain permission for naturalization, even without meeting the requirements under subparagraph 1, 2 or 4 of Article 5: <Amended by Act No. 10275, May 4, 2010>
1. A person whose father or mother is a national of the Republic of Korea: Provided, That a person adopted as an adult under the Civil Act of the Republic of Korea shall be excluded;
2. A person who has contributed greatly to the Republic of Korea;
3. A person acknowledged to contribute to the national interests of the Republic of Korea, who has very excellent ability in a specific field, such as science, economy, culture, sport, etc.
(2) The standards and procedures of determining a person falling under paragraph (1) 2 and 3 shall be prescribed by Presidential Decree. <Amended by Act No. 10275, May 4, 2010>
[This Article Wholly Amended by Act No. 8892, Mar. 14, 2008]
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Article 8 (Concurrent Acquisition)
(1) A person who is a child of an alien and is a minor under the Civil Act of the Republic of Korea may concurrently apply for nationality when his/her father or mother applies for naturalization.
(2) A person who applies for nationality under paragraph (1) shall acquire the nationality of the Republic of Korea at the time the Minister of Justice grants permission for naturalization to his/her father or mother.
(3) Procedures for filing an application under paragraph (1) and other necessary matters shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 8892, Mar. 14, 2008]
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Article 9 (Acquisition of Nationality through Recovery of Nationality)
(1) An alien who was a national of the Republic of Korea may acquire the nationality of the Republic of Korea by obtaining permission for the recovery of nationality from the Minister of Justice.
(2) The Minister of Justice shall not allow the recovery of nationality to any of the following persons, after screening a person who has applied for the recovery of nationality:
1. A person who has inflicted harm on the State or society;
2. A person whose conduct is disorderly;
3. A person who lost or renounced his/her nationality of the Republic of Korea in order to evade military service;
4. A person for whom the Minister of Justice regards the recovery of his/her nationality as inappropriate, for the purposes of national security, maintenance of order or public welfare.
(3) A person whose nationality is recovered under paragraph (1) shall acquire the nationality of the Republic of Korea at the time the Minister of Justice grants permission therefor.
(4) Matters necessary for procedures for filing an application, screening thereof, etc. under paragraphs (1) and (2) shall be determined by Presidential Decree.
(5) Article 8 shall apply mutatis mutandis to the concurrent acquisition of nationality, as a result of the recovery of nationality.
[This Article Wholly Amended by Act No. 8892, Mar. 14, 2008]
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Article 10 (Obligation of Persons who Acquire Nationality of the Republic of Korea to Renounce Foreign Nationality)
(1) An alien who has acquired the nationality of the Republic of Korea but retains a nationality of a foreign country shall renounce the nationality of the foreign country within one year after acquiring the nationality of the Republic of Korea. <Amended by Act No. 10275, May 4, 2010>
(2) Notwithstanding paragraph (1), any of the following persons shall either renounce the nationality of the foreign country or vow his/her intention not to exercise his/her 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 acquired the nationality of the Republic of Korea: <Added by Act No. 10275, May 4, 2010>
1. A person who had any ground falling under Article 6 (2) 1 or 2, or Article 7 (1) 2 or 3 when he/she obtained permission for naturalization;
2. A person who has obtained permission for the recovery of nationality under Article 9 and is recognized to fall under Article 7 (1) 2 or 3 by the Minister of Justice;
3. A person who has obtained permission for the acquisition of nationality under Article 9, while living in a foreign country after he/she was adopted by an alien and acquired the nationality of the foreign country before he/she came of age under the Civil Act of the Republic of Korea;
4. A person who has obtained permission for the acquisition of nationality under Article 9 by entering the Republic of Korea for the purpose of permanently residing therein after fully turning 65 years of age after having resided in a foreign country;
5. A person prescribed by Presidential Decree who has difficultly in complying with paragraph (1) despite his/her intention, due to the laws and institutions of a foreign country.
(3) A person who fails to comply with paragraph (1) or (2) shall lose the nationality of the Republic of Korea upon the expiration of a period specified therein. <Amended by Act No. 10275, May 4, 2010>
[This Article Wholly Amended by Act No. 8892, Mar. 14, 2008]
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Article 11 (Reacquisition of Nationality)
(1) When a person who has lost the nationality of the Republic of Korea pursuant to Article 10 (3) renounces his/her nationality of a foreign country within one year after the loss of his/her nationality of the Republic of Korea, he/she may acquire the nationality of the Republic of Korea again, upon reporting to the Minister of Justice. <Amended by Act No. 10275, May 4, 2010>
(2) A person who reports under paragraph (1) shall acquire the nationality of the Republic of Korea at the time of such reporting.
(3) Procedures for reporting under paragraph (1) and other necessary matters shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 8892, Mar. 14, 2008]
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Article 11-2 (Legal Status, etc. of Persons with Multiple Nationalities)
(1) A person who has both the nationality of the Republic of Korea and that of a foreign country by birth or under other conditions prescribed by this Act (hereinafter referred to as "person with multiple nationalities") shall be treated only as a national of the Republic of Korea only in applying the laws and regulations of the Republic of Korea.
(2) When a person with multiple nationalities intends to engage in a field in which he/she is not allowed to perform official duties while maintaining the nationality of a foreign country under relevant laws and regulations, the person shall renounce the nationality of a foreign country.
(3) When the head of a central administrative agency intends to enact or amend laws and regulations, to allow a person with multiple nationalities to be treated the same as with an alien, he/she shall consult with the Minister of Justice in advance.
[This Article Added by Act No. 10275, May 4, 2010]
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Article 12 (Obligations of Persons with Multiple Nationalities to Choose One Nationality)
(1) A person who has attained multiple nationalities before fully turning 20 years of age shall choose one nationality before fully turning 22 years of age; and a person who has acquired multiple nationalities after fully turning 20 years of age shall choose one nationality within two years from such time pursuant to Articles 13 and 14: Provided, That this shall not apply to any person with multiple nationalities who has vowed his/her intention not to exercise his/her foreign nationality in the Republic of Korea to the Minister of Justice, pursuant to Article 10 (2). <Amended by Act No. 10275, May 4, 2010>
(2) Notwithstanding the main sentence of paragraph (1), a person assigned to the preliminary military service under Article 8 of the Military Service Act shall choose one nationality either within three months from the date of enlistment, or within two years from the date he/she falls under any subparagraph of paragraph (3): Provided, That if a person intends to choose the nationality of the Republic of Korea under Article 13, he/she may do so even before he/she falls under any subparagraph of paragraph (3). <Amended by Act No. 10275, May 4, 2010; Act No. 14183, May 29, 2016>
(3) Any person who was born while his lineal ascendent stayed abroad without the intention of permanently residing in any foreign country may make a declaration of renouncement of his Korean nationality under Article 14, only when the person falls under any of the following subparagraphs, with respect to his obligation for military service: <Amended by Act No. 10275, May 4, 2010; Act No. 14183, May 29, 2016>
1. Where he has completed, or is deemed to have completed, his active military service, full-time reserve service or replacement status;
2. Where he is enlisted in the second militia service;
3. Where he is exempt from military service.
[This Article Wholly Amended by Act No. 8892, Mar. 14, 2008]
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Article 13 (Procedures for Choosing Nationality of the Republic of Korea)
(1) A person with multiple nationalities who intends to choose the nationality of the Republic of Korea within a period prescribed in the main sentence of Article 12 (1) may either renounce his/her foreign nationality or declare his/her intention to choose the nationality of the Republic of Korea to the Minister of Justice after vowing his/her intention not to exercise his/her foreign nationality in the Republic of Korea, as prescribed by the Minister of Justice. <Amended by Act No. 10275, May 4, 2010>
(2) A person with multiple nationalities who intends to choose the nationality of the Republic of Korea after the expiration of a period prescribed in the main sentence of Article 12 (1) may declare his/her intention to choose the nationality of the Republic of Korea to the Minister of Justice only after the person has renounced his/her foreign nationality: Provided, That a person falling under Article 12 (3) 1 may declare his/her intention to choose the nationality of the Republic of Korea in the manner prescribed in paragraph (1) within two years from the time the person falls thereunder. <Added by Act No. 10275, May 4, 2010>
(3) Notwithstanding paragraph (1) and the proviso to paragraph (2), 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/her birth may declare his/her intention to choose the nationality of the Republic of Korea to the Minister of Justice only after the person has renounced his/her foreign nationality. <Added by Act No. 10275, May 4, 2010>
(4) Requirements for the acceptance and procedures for declaration pursuant to paragraphs (1) through (3) and other necessary matters shall be determined by Presidential Decree. <Amended by Act No. 10275, May 4, 2010>
[This Article Wholly Amended by Act No. 8892, Mar. 14, 2008]
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Article 14 (Requirements and Procedures for Renouncing Nationality of the Republic of Korea)
(1) A person with multiple nationalities who intends to choose the nationality of a foreign state may do so insofar as he/she is domiciled abroad, by declaring his/her intention to renounce the nationality of the Republic of Korea to the Minister of Justice via the head of a diplomatic mission overseas having jurisdiction over the place of the person’s residence; Provided, That anyone prescribed in the main sentence of Article 12 (2) or paragraph (3) of the same Article may make such declaration within the relevant period or only after the relevant grounds arise. <Amended by Act No. 10275, May 4, 2010>
(2) A person who has declared the renunciation of nationality pursuant to paragraph (1) shall lose the nationality of the Republic of Korea at the time the Minister of Justice accepts the declaration thereof. <Amended by Act No. 10275, May 4, 2010>
(3) Requirements and procedures for declaration and acceptance thereof under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. <Amended by Act No. 10275, May 4, 2010>
[This Article Wholly Amended by Act No. 8892, Mar. 14, 2008]
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Article 14-2 (Orders to Choose Nationality for Persons with Multiple Nationalities)
(1) The Minister of Justice shall order a person with multiple nationalities who fails to choose one nationality within a period prescribed under Article 12 (1) or (2) to choose one nationality within one year.
(2) Where a person with multiple nationalities who has vowed his/her intention not to exercise his/her foreign nationality in the Republic of Korea under Article 10 (2), 13 (1) or the proviso to paragraph (2) of the same Article conducts any act evidently violating such intention, the Minister of Justice may order him/her to choose one nationality within six months.
(3) When a person who is ordered to choose one nationality under paragraph (1) or (2) intends to choose the nationality of the Republic of Korea, the person shall renounce his/her foreign nationalty.
(4) A person who fails to carry out an order even after being ordered to choose one nationality under paragraph (1) or (2) shall lose the nationality of the Republic of Korea at the time the specified period expires.
(5) Procedures for choosing nationality under paragraphs (1) and (2) and the types of acts evidently violating the vow under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Added by Act No. 10275, May 4, 2010]
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Article 14-3 (Determination on Loss of Nationality of the Republic of Korea)
(1) If the Minister of Justice deems it obviously inappropriate for a person with multiple nationalities to maintain the nationality of the Republic of Korea due to any of the following grounds, the Minister of Justice may determine the loss of the nationality of the Republic of Korea after holding a hearing: Provided, That this shall not apply to a person who has acquired the nationality of the Republic of Korea by birth:
1. Where the person conducts any act contrary to the national interests of the Republic of Korea, in respect of national security, diplomatic relations, national economy, etc.;
2. Where the person conducts any act prescribed by Presidential Decree which causes substantial hindrance in maintaining social order in the Republic of Korea.
(2) A person for whom determination under paragraph (1) is made shall lose the nationality of the Republic of Korea at the time when such determination is made.
[This Article Added by Act No. 10275, May 4, 2010]
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Article 14-4 (Duty, etc, of Notification on Persons with Multiple Nationalities)
(1) When a public official discovers a person with multiple nationalities in the course of performing his/her official duties, the public official shall notify the Minister of Justice thereof.
(2) When a public official needs to check if a person has multiple nationalities in the course of performing his/her official duties, the public official may make inquires or request for the presentation of necessary data to the relevant person.
(3) Procedures for notification under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Added by Act No. 10275, May 4, 2010]
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Article 15 (Loss of Nationality Following Acquisition of Foreign Nationality)
(1) A national of the Republic of Korea who voluntarily acquires the nationality of a foreign country shall lose the nationality of the Republic of Korea at the time when he/she acquires the foreign nationality.
(2) Any of the following nationals of the Republic of Korea shall be deemed to have lost his/her nationality of the Republic of Korea retroactively at the time of acquisition of the foreign nationality, if he/she fails to declare his/her intention to retain the nationality of the Republic of Korea to the Minister of Justice within six months after acquisition of the foreign nationality:
1. A person who has acquired the same nationality as his/her spouse, through marriage to an alien;
2. A person who has acquired the nationality of an adoptive father or mother through adoption by an alien;
3. A person who has acquired the nationality of his/her father or mother through acknowledgement by a foreign father or mother;
4. A minor or the spouse of a person who has lost the nationality of the Republic of Korea through the acquisition of a foreign nationality, and has concurrently acquired the foreign nationality under Acts of the foreign country.
(3) With respect to a person who has lost the nationality of the Republic of Korea due to the acquisition of that of a foreign country, where the date of acquisition of the nationality of the foreign country is unknown, the date his/her foreign passport was first issued shall be deemed to be the date he/she acquired the nationality of the foreign country.
(4) Procedures for reporting under paragraph (2) and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8892, Mar. 14, 2008]
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Article 16 (Administration concerning Persons who have Lost Nationality)
(1) A person who has lost his/her nationality of the Republic of Korea (excluding a person who has declared the renunciation of nationality under Article 14) shall report the loss of nationality to the Minister of Justice.
(2) Where a public official finds, in the course of performing his/her duties, a person who has lost the nationality of the Republic of Korea, the public official shall immediately notify the Minister of Justice thereof.
(3) Where the Minister of Justice finds a person who has lost the nationality of the Republic of Korea in the course of performing his/her duties or has received the report or notification of the loss of nationality under paragraph (1) or (2), the Minister shall inform the family register office and resident registration office thereof.
(4) Procedures for reporting and notification under paragraphs (1) through (3) and other necessary matters shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 8892, Mar. 14, 2008]
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Article 17 (Public Announcement in Official Gazette)
(1) Where the acquisition or loss of the nationality of the Republic of Korea has occurred, the Minister of Justice shall publicly announce such fact in the Official Gazette.
(2) Matters to be announced in the Official Gazette pursuant to paragraph (1) shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 8892, Mar. 14, 2008]
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Article 18 (Change in Rights of Persons who have Lost Nationality)
(1) No person who has lost the nationality of the Republic of Korea shall enjoy the rights afforded only to nationals of the Republic of Korea, from the time of such loss of nationality.
(2) Where a person has acquired transferable rights under paragraph (1) when he/she was a national of the Republic of Korea, he/she shall transfer them to a national of the Republic of Korea within three years, unless otherwise prescribed by laws and regulations related to such rights.
[This Article Wholly Amended by Act No. 8892, Mar. 14, 2008]
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Article 19 (Reporting, etc. by Legal Representatives)
With regard to applications or reporting prescribed in this Act, where a person who intends to file an application or report is under the age of 15, a legal representative shall act on behalf of such person.
[This Article Wholly Amended by Act No. 8892, Mar. 14, 2008]
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Article 20 (Determination of Nationality)
(1) Where it is unclear whether a person has acquired or is possessing the nationality of the Republic of Korea, the Minister of Justice may determine such fact after screening.
(2) Procedures for screening and determination under paragraph (1) and other necessary matters shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 8892, Mar. 14, 2008]
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Article 21 (Revocation of Permission, etc.)
(1) The Minister of Justice may revoke permission or adjudication of a person who has obtained permission for naturalization, recovery of nationality or adjudication of nationality by false or other wrongful means.
(2) Standards and procedures for revocation under paragraph (1), and other necessary matters shall be determined by Presidential Decree.
[This Article Added by Act No. 8892, Mar. 14, 2008]
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Article 22 (Delegation of Authority)
Part of the authority of the Minister of Justice under this Act may be delegated to the head of a regional immigration service, as prescribed by Presidential Decree. <Amended by Act No. 12421, Mar. 18, 2014>
[This Article Added by Act No. 10275, May 4, 2010]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Applications for Naturalization)
With regard to a person who has applied for naturalization, reinstatement of nationality, or renunciation of nationality under the former provisions before this Act enters into force, the former provisions shall govern.
Article 3 (Transitional Measures concerning Reinstatement or Re-Attainment of Nationality)
(1) The amended provisions of Article 9 shall apply to procedures for the re-attainment of nationality of the Republic of Korea by a person who has lost or renounced nationality of the Republic of Korea before this Act enters into force.
(2) The amended provisions of Article 11 shall apply to a person who has lost nationality of the Republic of Korea, among those under paragraph (1), by reason that he/she failed to renounce a foreign nationality within six months after acquiring nationality of the Republic of Korea.
Article 4 (Transitional Measures concerning Obligations to Renounce Foreign Nationality for Person who has Acquired Korean Nationality)
The amended provisions of Article 10 shall apply to a person who has acquired nationality of the Republic of Korea before this Act enters into force and for whom six months have not passed since the date of attainment until this Act enters into force.
Article 5 (Transitional Measures concerning Obligations to Choose, and Procedures for Choosing, Nationality of Dual Nationals)
The amended provisions of Articles 12 through 14 shall also apply to a person who has held the nationalities of both the Republic of Korea and a foreign country before this Act enters into force (except those who have obtained permission for the renunciation of nationality): with regard to a person who is over twenty years of age as of the date this Act enters into force, the date when this Act enters into force shall be the initial date of the period of choosing nationality under Article 12 (1).
Article 6 (Transitional Measures concerning Administration and Alteration of Rights of Person who has Lost Nationality)
The amended provisions of Articles 16 and 18 shall also apply to a person who has lost his/her nationality of the Republic of Korea before this Act enters into force.
Article 7 (Special Cases of Attainment of Nationality for Persons of Maternal Line by Adoption of Jus Sanguinis to Both Lines of Parents)
(1) Any of the following persons, among persons who were born to a mother who was a national of the Republic of Korea between June 14, 1978 and June 13, 1998 may attain nationality of the Republic of Korea by no later than December 31, 2004 by reporting to the Minister of Justice as determined by Presidential Decree: <Amened by Act No. 6523, Dec. 19, 2001>
1. The person's mother is currently a national of the Republic of Korea;
2. The person's mother was a national of the Republic of Korea as at the time of her death, if she has died.
[This subparagraph Amended by Act No. 6523, Dec. 19, 2001 in Compliance with the Constitutional Court's Decision on unconstitutionality on August 31, 2007]
(2) With regard to reporting under paragraph (1), where a person who intends to attain nationality is under the age of 15, the person's legal representative shall act on behalf of such person.
(3) A person who failed to report within the period under paragraph (1) due to natural disaster or other unavoidable causes may attain nationality of the Republic of Korea through reporting to the Minister of Justice within three months after such cause ceases to exist.
(4) A person who has reported under paragraph (1) or (3) shall attain nationality of the Republic of Korea as at the time of reporting.
Article 8 Omitted.
ADDENDUM <Act No. 6523, Dec. 19, 2001>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 7075, Jan. 20, 2004>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Applicability) The amended provisions of Article 6 (2) 3 and 4 shall also apply to any alien who has married to a national of the Republic of Korea during the period from June 14, 1998 to no later than the enforcement date of this Act.
ADDENDA <Act No. 7499, May 24, 2005>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Applicability concerning Declaration of Renouncement of Korean Nationality by Dual Nationals) The amended provisions of Article 12 (1) (proviso) (3), and Article 14 (1) (proviso) shall apply, starting with the first person who makes a declaration of the renouncement of the person’s Korean nationality after this Act enters into force.
ADDENDA <Act No. 8435, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2008. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 8892, Mar. 14, 2008>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 21 shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 10275, May 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011: Provided, That the amended provisions of the main sentence of Article 12 (1), paragraph (2) of the same Article, Article 13 and Articles 2 (excluding matters concerning Article 14-2 (2) through (5) out of paragraph (3)) and 4 (1) of the Addenda shall enter into force on the date of its promulgation.
Article 2 (Special Cases concerning Persons, etc. who Lost Nationality of the Republic of Korea due to Failure to Follow Orders to Choose Nationality)
(1) A person who has lost the nationality of the Republic of Korea under the former Article 12 (2) may re-attain the nationality of the Republic of Korea either by renouncing his/her foreign nationality or reporting to the Minister of Justice after vowing his/her intention not to exercise his/her foreign nationality in the Republic of Korea within two years from the promulgation date of this Act while having his/her domicile in the Republic of Korea: Provided, That this shall be limited to a person falling under Article 12 (3) 1 if the person is a male.
(2) When a person who has chosen the nationality of the Republic of Korea after renouncing the nationality of a foreign country under the former Article 13 reattains the nationality of the foreign country within five years from the promulgation date of this Act, the person may not lose the nationality of the Republic of Korea only if the person vows his/her intention not to exercise the nationality of the foreign country in the Republic of Korea to the Minister of Justice within six months from the date the nationality of the foreign country is attained, notwithstanding Article 15 (1).
(3) The amended provisions of Articles 13 (3) and 14-2 (2) through (5) shall apply mutatis mutandis to persons with multiple nationalities under paragraphs (1) and (2).
Article 3 (Applicability concerning Renouncement of Foreign Nationality)
The amended provisions of Article 10 shall also apply to a person who does not renounce foreign nationality by falling under the former proviso to Article 10 (2) before this Act enters into force.
Article 4 Omitted.
ADDENDA <Act No. 12421, Mar. 18, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 14183, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.

ENFORCEMENT DECREE OF THE NATIONALITY ACT

2-column view table
ENFORCEMENT DECREE OF THE NATIONALITY ACT No.33082 20221220
ENFORCEMENT DECREE OF THE NATIONALITY ACT No.32790 20220712
ENFORCEMENT DECREE OF THE NATIONALITY ACT No.31273 20201222
ENFORCEMENT DECREE OF THE NATIONALITY ACT No.29372 20181220
ENFORCEMENT DECREE OF THE NATIONALITY ACT No.28870 20180510
ENFORCEMENT DECREE OF THE NATIONALITY ACT No.28255 20170829
ENFORCEMENT DECREE OF THE NATIONALITY ACT No.26844 20151231
ENFORCEMENT DECREE OF THE NATIONALITY ACT No.25532 20140807
ENFORCEMENT DECREE OF THE NATIONALITY ACT No.25384 20140617
ENFORCEMENT DECREE OF THE NATIONALITY ACT No.23488 20120106
ENFORCEMENT DECREE OF THE NATIONALITY ACT No.22750 20110329
ENFORCEMENT DECREE OF THE NATIONALITY ACT No.22588 20110101
ENFORCEMENT DECREE OF THE NATIONALITY ACT No.21061 20081006
ENFORCEMENT DECREE OF THE NATIONALITY ACT No.20465 20080101
ENFORCEMENT DECREE OF THE NATIONALITY ACT No.15807 19980614
ENFORCEMENT DECREE OF THE NATIONALITY ACT No.14486 19950101
ENFORCEMENT DECREE OF THE NATIONALITY ACT No.8378 19761231
ENFORCEMENT DECREE OF THE NATIONALITY ACT No.5693 19710709
ENFORCEMENT DECREE OF THE NATIONALITY ACT No.4127 19691014
ENFORCEMENT DECREE OF THE NATIONALITY ACT No.1564 19610101
ENFORCEMENT DECREE OF THE NATIONALITY ACT No.1068 19621212
ENFORCEMENT DECREE OF THE NATIONALITY ACT No.567 19511118
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Article 1 (Purpose)
The purpose of this Decree is to provide for matters mandated by the Nationality Act and those necessary for the enforcement thereof.
[This Article Wholly Amended on Mar. 29, 2011]
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Article 2 (Procedures for Reporting on Acquisition of Nationality by Acknowledgment)
(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 Ministerial Decree 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 give public notice thereof in the Official Gazette. <Amended on Dec. 31, 2010>
[This Article Wholly Amended on Oct. 6, 2008]
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Article 3 (Application for Permission for Naturalization)
(1) A person who intends to obtain permission for naturalization under Article 4 (1) of the Act shall submit an application for naturalization prescribed by Ministerial Decree of Justice, accompanied by documents prescribed by Ministerial Decree of Justice, including documents evidencing that he or she meets the requirements for naturalization, 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 on Dec. 31, 2010; May 8, 2018; Dec. 22, 2020>
(2) When the head of an immigration office, etc. receives an application and attached documents (hereinafter referred to as "application, etc.") as prescribed in paragraph (1), he or she shall complete the procedures for inquiry, examination, verification, or other measure as determined by the Minister of Justice and shall send such application, etc. accompanied by the results and his or her opinions thereon to the Minister of Justice. <Amended on Dec. 22, 2020>
[This Article Wholly Amended on Oct. 6, 2008]
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Article 4 (Inquiry, Investigation, or Verification for Examination of Requirements for Naturalization)
(1) The Minister of Justice may, if necessary to examine the requirements for naturalization pursuant to Article 4 (2) of the Act, request an applicant for permission for naturalization to appear and state his or her opinion or to submit related data, and conduct an on-site investigation of the residence, etc. of the applicant for permission for naturalization to verify whether he or she meets the requirements for naturalization. <Added on Dec. 22, 2020>
(2) When the Minister of Justice examines naturalization requirements 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 stay or may seek the head's opinion on other necessary matters. <Amended on Dec. 22, 2020>
[This Article Wholly Amended on Mar. 29, 2011]
[Title Amended on Dec. 22, 2020]
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Article 4-2 (General Evaluation of Applicants for Permission for Naturalization)
(1) 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 (hereinafter referred to as "interview") on applicants for permission for naturalization, in order to examine the requirements for naturalization under Article 4 (2) of the Act: Provided, That persons prescribed by Ministerial Decree of Justice in consideration of the age, etc. of applicants for permission for naturalization may be exempted from a general evaluation or an interview, as prescribed by Ministerial Decree of Justice.
(2) Notwithstanding the main clause of paragraph (1), the Minister of Justice need not conduct a general evaluation and an interview on an applicant for permission for naturalization, where the applicant is deemed not meeting the requirements for naturalization according to the results of the inquiry, investigation, verification or the review of the application, etc. under Articles 3 (2) and 4.
(3) An applicant for permission for naturalization shall apply for a general evaluation within one year from the date of application as prescribed by the Minister of Justice: Provided, That this shall not apply where the Minister of Justice has exempted a general evaluation under the proviso of paragraph (1) or decides not to conduct a general evaluation under paragraph (2).
(4) Interview items and other matters necessary for the interview shall be prescribed by Ministerial Decree of Justice.
[This Article Added on Dec. 22, 2020]
[Previous Article 4-2 moved to Article 4-4 <Dec. 22, 2020>]
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Article 4-3 (Restriction on Permitting Naturalization)
The Minister of Justice shall not permit naturalization, where an applicant for permission for naturalization falls under any of the following cases:
1. Where the applicant is deemed not meeting the requirements for naturalization according to the results of the inquiry, investigation, or verification or the review of the application, etc. under Articles 3 (2) and 4;
2. Where applicant fails to apply for a general evaluation within the period referred to in the main clause of Article 4-2 (3);
3. Where applicant scores less than 60 out of 100 in a general evaluation;
4. Where applicant is found unqualified at the interview.
[This Article Added on Dec. 22, 2020]
[Previous Article 4-3 moved to Article 4-5 <Dec. 22, 2020>]
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Article 4-4 (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 clause of paragraph (3) of that 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 provided in 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 Added on Dec. 18, 2018]
[Moved from Article 4-2; previous Article 4-4 moved to Article 4-6 <Dec. 22, 2020>]
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Article 4-5 (Content of Oath of Citizenship by Person Having Obtained Permission for Naturalization)
(1) The content of an oath of citizenship under the main clause 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 fulfill 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 persons with brain lesion disorders, persons with intellectual disabilities, or persons with autistic disorder under Appendix 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 Added on Dec. 18, 2018]
[Moved from Article 4-3 <Dec. 22, 2020>]
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Article 4-6 (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 clause 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 provided 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 Added on Dec. 18, 2018]
[Moved from Article 4-4 <Dec. 22, 2020>]
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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 notice thereof in the Official Gazette. <Amended on Dec. 18, 2018>
[This Article Wholly Amended on Jun. 17, 2014]
[Title Amended on Dec. 18, 2018]
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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 on Jun. 17, 2014; 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:
(a) A person who has contributed to the independence of the State under Article 4 of the Act on the Honorable Treatment of Persons of Distinguished Services to Independence;
(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 22 from among the following persons: <Amended on 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 on Mar. 29, 2011]
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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 on 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 give public notice thereof in the Official Gazette. <Amended on Dec. 18, 2018>
[This Article Wholly Amended on Mar. 29, 2011]
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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 Ministerial Decree of Justice and submit it to the head of an immigration office, etc. <Amended on Dec. 31, 2010; 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. <Added on Dec. 31, 2010; May 8, 2018>
[This Article Wholly Amended on Oct. 6, 2008]
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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 on Mar. 29, 2011]
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Article 9-2 (Receiving Oath of Citizenship from, and Granting Certificate of Recovery of Nationality to, Person Permitted to Recover Nationality)
Articles 4-4 through 4-6 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 under the main clause 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 that 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 under Article 9 (4). In such cases, “naturalization” shall be deemed as “recovery of nationality.” <Amended on Dec. 22, 2020>
[This Article Added on Dec. 18, 2018]
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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 give public notice thereof in the Official Gazette.
[This Article Wholly Amended on Dec. 18, 2018]
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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 on 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 on 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 on Dec. 31, 2010; 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. <Added on Dec. 31, 2010; 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. <Added on 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 Ministerial Decree of Justice. <Added on Dec. 31, 2010>
[This Article Wholly Amended on Oct. 6, 2008]
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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 an act of God 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 on Mar. 29, 2011]
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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 on 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 on Dec. 31, 2010]
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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 on Dec. 31, 2010]
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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 Ministerial Decree 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 give public notice thereof in the Official Gazette. <Amended on Dec. 31, 2010>
[This Article Wholly Amended on Oct. 6, 2008]
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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 on Aug. 29, 2017>
1. A person who has made a vow not to exercise a foreign nationality pursuant to Article 10 (2) of the Act;
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 that 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 clause of Article 12 (2) of that Act shall be counted from the time he or she reaches his or her full 20 years of age.
[This Article Wholly Amended on Mar. 29, 2011]
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Article 16-2 (Persons Born While Their Lineal Ascendants Stayed Abroad without Intention to Permanently Reside in Foreign Countries)
Any person who was born while his or her lineal ascendant 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 Ministerial Decree of Justice.
[This Article Wholly Amended on Mar. 29, 2011]
[Title Amended on Dec. 20, 2022]
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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 of 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 Ministerial Decree 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 on 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 clause 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 Ministerial Decree of Justice and submit such report to the Minister of Justice.
(3) "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 on Mar. 29, 2011]
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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 Ministerial Decree 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 give public notice 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;
3. Foreign 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. <Added on Aug. 29, 2017>
[This Article Wholly Amended on Mar. 29, 2011]
[Title Amended on Dec. 20, 2022]
[This Article Added on Dec. 20, 2022]
[Previous Article 18-2 moved to Article 18-4 <Dec. 20, 2022>]
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Article 18-3 (Procedures for Determination on Loss of Nationality of the Republic of Korea)
[This Article Added on Dec. 20, 2022]
[Previous Article 18-3 moved to Article 18-5 <Dec. 20, 2022>]
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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 Ministerial Decree 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) "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 good cause.
(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;
3. Foreign 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. <Added on Aug. 29, 2017>
[This Article Wholly Amended on Mar. 29, 2011]
[Moved from Article 18-2; previous Article 18-4 moved to Article 18-6 <Dec. 20, 2022>]
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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 on Aug. 29, 2017>
(2) "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 Ministerial Decree 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) With respect to the procedures for holding a hearing as referred to in the main clause of Article 14-3 (1) of the Act, the provisions concerning a hearing in Section 2 of CHAPTER Ⅰ of the Administrative Procedures Act shall apply mutatis mutandis.
(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 on Aug. 29, 2017>
[This Article Added on Dec. 31, 2010]
[Moved from Article 18-3 <Dec. 20, 2022>]
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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 on May 8, 2018>
(2) The notification under paragraph (1) shall be given by means of a notice of identifying a person with multiple nationalities prescribed by the Ministerial Decree of Justice, accompanied by a document certifying the ground for, and date of acquisition of, multiple nationalities and a copy of a foreign passport held by a person with multiple nationalities: <Amended on Jun. 17, 2014; Dec. 22, 2020>
1. Deleted; <Dec. 22, 2020>
2. Deleted. <Dec. 22, 2020>
(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. <Amended on May 8, 2018>
[This Article Wholly Amended on Mar. 29, 2011]
[Moved from Article 18-4 <Dec. 20, 2022>]
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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 Ministerial Decree of Justice and submit such report to the head of an immigration office, etc. <Amended on Dec. 31, 2010; 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. <Added on Dec. 31, 2010; 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 on 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 on 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 on Oct. 6, 2008]
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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 Ministerial Decree 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 on Mar. 29, 2011]
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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 notify 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 on 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. <Added on Aug. 29, 2017>
[This Article Wholly Amended on Oct. 6, 2008]
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Article 22 Deleted. <Jun. 17, 2014>
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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 Ministerial Decree of Justice and submit such application to the head of an immigration office, etc. <Amended on 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 on May 8, 2018>
[This Article Wholly Amended on Mar. 29, 2011]
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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 give public notice 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 on Mar. 29, 2011]
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Article 25 (Submission of Reports by Persons with Overseas Domiciles)
(1) Where a person who intends to submit the following reports, applications, etc. (hereafter in this Article referred to as "reports, etc.") has his or her domicile in a foreign country, he or she may also submit such reports, etc. through the head of a diplomatic mission abroad having jurisdiction over his or her address: <Amended on Dec. 22, 2020>
1. A report on nationality acquisition under Article 2 (1);
2. An application for the recovery of nationality under Article 8 (1);
3. A certificate, etc. of renunciation of nationality under Article 11 (1) (limited to where a person who has acquired the nationality of the Republic of Korea pursuant to Article 3 (1) or 9 (1) of the Act intends to submit such certificate, etc.);
4. A written vow not to exercise a foreign nationality under Article 11 (3) (limited to where a person who has acquired the nationality of the Republic of Korea pursuant to Article 3 (1) or 9 (1) of the Act intends to submit such vow);
5. A report on nationality acquisition under Article 15 (1);
6. A report on choice of nationality under Article 17 (1) and (2);
7. A report on the retention of nationality under Article 19 (1);
8. A report on the loss of nationality under Article 20 (1).
(2) The head of a diplomatic mission abroad in receipt of a report, etc. under paragraph (1) shall without delay send such report, etc. to the Minister of Justice via the Minister of Foreign Affairs. <Amended on Mar. 23, 2013; Dec. 22, 2020>
(3) Upon accepting a report, etc. sent under paragraph (2), the Minister of Justice shall notify the head of the relevant diplomatic mission abroad of such fact via the Minister of Foreign Affairs. <Amended on Mar. 23, 2013; Dec. 22, 2020>
[This Article Wholly Amended on Oct. 6, 2008]
[Title Amended on Dec. 22, 2020]
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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 of 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 Added on Jun. 17, 2014]
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Article 25-3 (Window for Electronic Civil Petitions)
(1) The Minister of Justice may establish and operate a window for electronic civil petitions defined in Article 12-2 (2) of the Civil Petitions Treatment Act (hereinafter referred to as "window for electronic civil petitions"). <Amended on Jul. 11, 2022>
(2) The establishment and operation of the window for electronic civil petitions under paragraph (1), procedures for the processing of civil petitions, and other necessary matters shall be determined and publicly notified by the Minister of Justice.
[This Article Added on Dec. 22, 2020]
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Article 26 (Matters to Be Publicly Notified in Official Gazette)
Matters to be publicly notified in the Official Gazette under Article 17 (1) of the Act shall be as follows: <Amended on Dec. 18, 2018>
1. In cases of accepting a report on the acquisition of nationality by acknowledgment: 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 on Mar. 29, 2011]
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Article 27 (Standards and Procedures for Revocation of Permission)
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;
(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 good cause.
(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 give public notice thereof in the Official Gazette. <Amended on Dec. 20, 2022>
(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 under paragraph (3) or (4), 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. <Added on Aug. 29, 2017>
[This Article Wholly Amended on Mar. 29, 2011]
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Article 28 (Exception to Disqualification for Foreign Service Official)
a. Where such irregularities do not constitute a criminal case;
[This Article Wholly Amended on Dec. 20, 2022]
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Article 28-4 (Operation of the Committee)
1. The National Intelligence Service;
2. The Ministry of Science and ICT;
3. The Ministry of Foreign Affairs;
4. The Ministry of Culture, Sports and Tourism;
[This Article Wholly Amended on Dec. 20, 2022]
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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 on Aug. 29, 2017]
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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.
(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 on Dec. 20, 2022]
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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 on Dec. 18, 2018>
1. Where he or she becomes unable to perform his or her duties due to mental or physical 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 Added on Dec. 31, 2015]
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Article 28-6 (Exclusion of Members)
(1) Where a member of the Committee falls under any of the following cases, he or she shall be excluded 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 obligor 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 exclusion 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 on Dec. 18, 2018>
[This Article Added on Aug. 29, 2017]
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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 on May 8, 2018>
[This Article Added on Aug. 29, 2017]
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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 26 of the Act: <Amended on Jun. 17, 2014; Aug. 29, 2017; May 8, 2018>
1. Authority concerning a report on acquisition of nationality by acknowledgment 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) or (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;
4. Authority concerning a report on re-acquisition of the nationality under Article 11 of the Act;
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;
6. Authority concerning a report on choosing the nationality under Article 13 of the Act and Article 17 of this Decree;
7. Authority concerning a report on or notification of the loss of nationality under Article 16 of the Act.
[This Article Added on Dec. 31, 2010]
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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 on Aug. 6, 2014; May 8, 2018>
1. Affairs concerning acquisition of nationality under Article 3 of the Act;
2. Affairs concerning naturalization under Article 4 of the Act;
3. Affairs concerning recovery of nationality under Article 9 of the Act;
4. Affairs concerning re-acquisition of nationality under Article 11 of the Act;
5. Affairs concerning choice of nationality under Article 13 of the Act;
7. Affairs concerning loss and retention of nationality under Article 15 of the Act;
8. Affairs concerning determination of nationality under Article 20 of the Act.
(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: <Added on Aug. 6, 2014; Aug. 29, 2017; 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, and 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)), 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.
(3) A public official who gives notification of persons with multiple nationalities pursuant to Article 14-4 of the Act or the notification on the loss of nationality pursuant to Article 16 (2) of the Act 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, where it is inevitable for the performance of such affairs. <Added on Aug. 6, 2014>
[This Article Added on Jan. 6, 2012]
ADDENDA <Presidential Decree No. 15807, Jun. 5, 1998>
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 Ministerial Decree 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 Ministerial Decree 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.
ADDENDUM <Presidential Decree No. 31273, Dec. 22, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 32790, Jul. 11, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 12, 2022.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 33082, Jun. 20, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Terms of Office of Members)
The amended provision of Article 28 (1) shall also apply to successful candidates who have passed a competitive recruitment examination for career positions, etc. before this Decree enters into force.