NATIONALITY ACT
Act No. 7499, May 24, 2005
Wholly Amended by Act No. 5431, Dec. 13, 1997
Amended by Act No. 6523, Dec. 19, 2001
Act No. 7075, Jan. 20, 2004
Act No. 7499, May 24, 2005
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| Article 1 (Purpose) |
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The purpose of this Act is to prescribe the requirements to become a national of the Republic of Korea.
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| Article 2 (Acquisition of Nationality by Birth) |
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| (1) | A person falling under one of the following subparagraphs shall be a national of the Republic of Korea at the time of his or her birth: |
| 1. | A person whose father or mother is a national of the Republic of Korea at the time of his or her birth; |
| 2. | A person whose father was a national of the Republic of Korea at the time of his death, where his father died before his or her birth; and |
| 3. | A person who is born in the Republic of Korea, where both of parents are unknown or have no nationality. |
| (2) | An abandoned child found in the Republic of Korea shall be recognized as born in the Republic of Korea. |
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| Article 3 (Acquisition of Nationality by Acknowledgement) |
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| (1) | Where a person who is not a national of the Republic of Korea (hereinafter referred to as a "foreigner") is acknowledged by his father or mother who is a national of the Republic of Korea and meets each requirement of following subparagraphs, the person may acquire the nationality of the Republic of Korea after reporting to the Minister of Justice: |
| 1. | The person shall be a minor pursuant to the Civil Act of the Republic of Korea; and |
| 2. | At the time of the person's birth, the father or mother is a national of the Republic of Korea. |
| (2) | A person who makes a report under paragraph (1) shall acquire the nationality of the Republic of Korea at the time of reporting. |
| (3) | The reporting procedures under paragraph (1) and other necessary matters shall be determined by the Presidential Decree. |
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| Article 4 (Acquisition of Nationality by Naturalization) |
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| (1) | A foreigner who has never acquired the nationality of the Republic of Korea may acquire the nationality of the Republic of Korea through permission of naturalization by the Minister of Justice. |
| (2) | The Minister of Justice shall, after determining whether persons meet the requirements for naturalization under Articles 5 through 7, issue permission of naturalization to the person who meets the requirements. |
| (3) | A person who is permitted naturalization under paragraph (1) shall acquire the nationality of the Republic of Korea at the time when the Minister of Justice issues permission. |
| (4) | Necessary matters for application procedure and determination under paragraphs (1) and (2) shall be determined by the Presidential Decree. |
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| Article 5 (Requirements for General Naturalization) |
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A foreigner shall meet the following requirements in order to acquire permission of naturalization except where prescribed by Articles 6 and 7: | 1. | A person shall have sustained domicile in the Republic of Korea for five or more years consecutively; |
| 2. | A person shall be of majority pursuant to the Civil Act of the Republic of Korea; |
| 3. | A person shall be of good conduct; |
| 4. | A person shall be able to sustain livelihood with his property, ability or family who lives together; and |
| 5. | A person shall have basic knowledge as a national of the Republic of Korea, such as Korean language ability and understanding about Korean custom. |
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| Article 6 (Requirements for Simple Naturalization) |
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| (1) | A foreigner who falls under one of the following subparagraphs and has sustained domicile in the Republic of Korea for three consecutive |
years may obtain permission of naturalization though he does not meet 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; and |
| 3. | A person who was adopted by a national of the Republic of Korea and was of majority at the time of adoption pursuant to the Civil Act of the Republic of Korea. |
| (2) | Where a foreigner whose spouse is a national of the Republic of Korea falls under one of the following subparagraphs, he may obtain permission of naturalization even though he does not meet the requirements under subparagraph 1 of Article 5: <Amended by Act No. 7075, Jan. 20, 2004> |
| 1. | A person who has sustained domicile in the Republic of Korea for not less than two years consecutively under the state of marriage with the said spouse; |
| 2. | A person for whom three years have lapsed after marriage with the said spouse and who has sustained domicile in the Republic of Korea for not less than one year consecutively under the state of marriage; |
| 3. | A person who was unable to make a normal married life due to a death or missing of one's spouse and without any reasons attributable to oneself while he kept an address in the Republic of Korea under the state of marriage, even though having failed to fulfill the period under subparagraph 1 or 2, but fulfilled the remaining period under subparagraph 1 or 2, and recognized by the Minister of Justice to be proper; and |
| 4. | A person who is bringing up or is to bring up a minor born by the marriage with the said spouse while failing to satisfy the requirements under subparagraph 1 or 2, and who meets the period under subparagraph 1 or 2, and is recognized to be proper by the Minister of Justice. |
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| Article 7 (Requirements for Special Naturalization) |
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| (1) | A foreigner who falls under one of the following subparagraphs and has domicile in the Republic of Korea may be permitted naturalization without meeting the requirements under subparagraph 1, 2 or 4 of Article 5: |
| 1. | A person whose father or mother is a national of the Republic of Korea: Provided, That a person who is adopted after he is of majority pursuant to the Civil Act of the Republic of Korea is excluded; and |
| 2. | A person who has rendered distinguished service to the Republic of Korea. |
| (2) | Where the Minister of Justice permits naturalization for a person who falls under paragraph (1) 2, he shall obtain approval of the President. |
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| Article 8 (Concomitant Acquisition) |
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| (1) | Where a foreigner applies for permission of naturalization, his child who is a minor pursuant to the Civil Act of the Republic of Korea may concurrently apply for the acquisition of nationality. |
| (2) | A person who applies for the acquisition of nationality under paragraph (1) shall acquire the nationality of the Republic of Korea at the time when the Minister of Justice issues permission of naturalization to his father or mother. |
| (3) | Application procedures under paragraph (1) and other necessary matters shall be determined by the Presidential Decree. |
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| Article 9 (Acquisition of Nationality through Reinstatement of Nationality) |
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| (1) | A foreigner who was a national of the Republic of Korea may acquire the nationality of the Republic of Korea through obtaining permission of reinstatement of nationality by the Minister of Justice. |
| (2) | The Minister of Justice shall not issue permission of reinstatement of nationality to a person who falls under one of the following subparagraphs, after scrutinizing a person who has applied for permission to the reinstatement of nationality: |
| 1. | A person who has inflicted any harm to the State and society; |
| 2. | A person who is defective in conduct; |
| 3. | A person who has lost or abandoned the nationality of the Republic of Korea for the purpose of evading military service; and |
| 4. | A person for whom the Minister of Justice regards permission for the reinstatement of nationality as inappropriate, for the sake of national security, maintenance of security, or public welfare. |
| (3) | A person who has obtained permission for the reinstatement of nationality under paragraph (1) shall acquire the nationality of the Republic of Korea at the time when the Minister of Justice issues permission. |
| (4) | Necessary matters concerning application procedures and scrutiny under paragraphs (1) and (2) shall be determined by the Presidential Decree. |
| (5) | The provisions of Article 8 shall be applied mutatis mutandis to permission for the reinstatement of nationality. |
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| Article 10 (Renouncement Obligation of Foreign Nationality) |
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| (1) | A foreigner who has acquired the nationality of the Republic of Korea but maintains a nationality of a foreign country shall renounce the nationality of the foreign country within six months after the acquisition of the nationality of the Republic of Korea. |
| (2) | A person who does not abide by paragraph (1) shall lose the nationality of the Republic of Korea upon the completion of the time specified: Provided, That the person who is under difficult conditions to fulfill the provisions of paragraph (1) despite his willingness and falls under the cases as determined by the Presidential Decree shall be excluded. |
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| Article 11 (Re-acquisition of Nationality) |
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| (1) | When a person who has lost the nationality of the Republic of Korea pursuant to Article 10 (2) renounces the nationality of foreign country within one year after the loss of nationality of the Republic of Korea, he may re-acquire the nationality of the Republic of Korea through reporting to the Minister of Justice. |
| (2) | A person who has reported under paragraph (1) shall acquire the nationality of the Republic of Korea at the time of reporting thereof. |
| (3) | The reporting procedures under paragraph (1) and other necessary matters shall be determined by the Presidential Decree. |
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| Article 12 (Selection Option of Nationality for Dual National) |
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| (1) | A person who has had the nationalities of both of the Republic of Korea and a foreign country by birth or by dint of the provisions of this Act (hereinafter referred to as a "dual national") before he reaches his full twenty years of age shall select one nationality before he reaches his full twenty-two years of age; and a person who becomes a dual national after he reached his full twenty years of age shall select one nationality within two years from then pursuant to Articles 13 and 14:Provided, That anyone who is enlisted in the first military service pursuant to the provisions of Article 8 of the Military Service Act shall choose one nationality within 3 months from the time when he is enlisted in the first military service and within 2 years from the time when he falls under any subparagraph of paragraph (3). <Amended by Act No. 7499, May 24, 2005> |
| (2) | A person who has not selected a nationality under paragraph (1) shall lose the nationality of the Republic of Korea after he turns 22 years of age under paragraph (1) or the lapse of 2 years. <Amended by Act No. 7499, May 24, 2005> |
| (3) | Any person who is born while his lineal ascendent stays overseas without the intention of permanently residing in any foreign country may, when he falls under any of the following subparagraphs in connection with his obligation for the military service, make a report on the renouncement of his Korean nationality provided for in the provisions of Article 14: <Added by Act No. 7499, May 24, 2005> |
| 1. | When he has completed his active military service, full-time reserve service or recruit service, or is deemed to have completed it; |
| 2. | When he is subjected to a disposition taken to exempt him from the military service; and |
| 3. | When he is enlisted in the second military service. |
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| Article 13 (Selection Procedure of Nationality of Republic of Korea) |
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| (1) | A dual national who wants to select the nationality of the Republic of Korea shall renounce his foreign nationality within the period under Article 12 (1), and shall report the intention of selecting nationality of the Republic of Korea to the Minister of Justice. |
| (2) | Requisites for the acceptance of a report and reporting procedures pursuant to paragraph (1) or other necessary matters shall be determined by the Presidential Decree. |
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| Article 14 (Abandonment Procedure of Nationality of Republic of Korea) |
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| (1) | A dual national who wants to select the nationalty of a foreign country may make a report on his willingness to abandon the nationalty of the Republic of Korea to the Minister of Justice within the period under Article 12 (1): Provided, That anyone who is prescribed in the proviso in the same paragraph of the same Article or paragraph (3) of the same Article may make the report within the period or from the time when the relevant grounds accrue. <Amended by Act No. 7499, May 24, 2005> |
| (2) | A person who has completed the report of abandonment of nationality pursuant to paragraph (1) shall lose the nationality of the Republic of Korea at the time of reporting. |
| (3) | Reporting procedure under paragraph (1) and other necessary matters shall be determined by the Presidential Decree. |
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| Article 15 (Loss of Nationality by Acquisition of Foreign Nationality) |
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| (1) | A national of the Republic of Korea who has voluntarily acquired the nationality of a foreign country shall lose the nationality of the Republic of Korea at the time of acquisition of the foreign nationality. |
| (2) | A national of the Republic of Korea who falls under one of the following subparagraphs shall lose the nationality of the Republic of Korea retroactively at the time of acquisition of the foreign nationality, if he does not report the willingness to keep the nationality of the Republic of Korea to the Minister of Justice within six months after the acquisition of the foreign nationality: |
| 1. | A person who has acquired the nationality of a spouse through marriage with a foreigner; |
| 2. | A person who has acquired the nationality of an adoptive father or mother through an adoption by a foreigner; |
| 3. | A person who has acquired the nationality of a father or mother through acknowledgement by a foreign father or mother; and |
| 4. | A minor child or spouse of a person who shall lose the nationality of the Republic of Korea through the acquisition of a foreign nationality, who has acquired the foreign nationality under laws of the foreign country. |
| (3) | For a person who has lost the nationality of the Republic of Korea due to the acquisition of that of a foreign country, where its acquisition date is unknown, it shall be presumed to be the date on which the foreign country first issues a passport to him. |
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| Article 16 (Administration on Person in Loss of Nationality) |
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| (1) | A person who has lost the nationality of the Republic of Korea (except persons who have reported the abandonment of nationality under Article 14) shall report the loss of nationality to the Minister of Justice. |
| (2) | Where a public official finds a person who has lost the nationality of the Republic of Korea in the pursuit of his duties, he shall notify the Minister of Justice without delay. |
| (3) | Where the Minister of Justice finds a person who has lost the nationality of the Republic of Korea in the pursuit of his duties or has received the report or notification of the loss of nationality under paragraphs (1) and (2), he shall notify the census register office and resident registration office thereof. |
| (4) | Reporting and notification procedures and other necessary matters under paragraphs (1) through (3) shall be determined by the Presidential Decree. |
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| Article 17 (Notification in Official Gazette) |
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| (1) | Where the acquisition and loss of the nationality of the Republic of Korea has occurred, the Minister of Justice shall make public notification in an official Gazette. |
| (2) | Matters to be notified in an official Gazette pursuant to paragraph (1) shall be determined by the Presidential Decree. |
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| Article 18 (Change of Right for Person in Loss of Nationality) |
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| (1) | A person who has lost the nationality of the Republic of Korea shall not possess the rights afforded only to the nationals of the Republic of Korea from the time of loss of the nationality. |
| (2) | Where a person has acquired the transferable rights at the time when he was a national of the Republic of Korea, from among the rights under paragraph (1), he shall transfer them to a national of the Republic of Korea within three years unless otherwise prescribed by Acts and subordinate statutes related to the rights. |
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| Article 19 (Reporting by Legal Agent) |
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With regard to application or reporting under this Act, where a person who wants to apply or report is under the age of fifteen, a legal agent shall act for him.
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| Article 20 (Adjudication of Nationality) |
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| (1) | Where it is unclear whether a person acquires or holds the nationality of the Republic of Korea, the Minister of Justice may determine it through the screening. |
| (2) | Screening and determination procedures, and other necessary matters under paragraph (1) shall be determined by the Presidential Decree. |
ADDENDUM
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures on Application for Permission of Naturalization)
With regard to a person who has applied for permission of naturalization, reinstatement of nationality, or permission of abandonment of nationality under the previous provisions before this Act enters into force, the previous provisions shall govern.
Article 3 (Transitional Measures on Reinstatement or Re-Acquisition of Nationality)
| (1) | The amended provisions of Article 9 shall apply to the procedure through which a person who has lost or abandoned the nationality of the Republic of Korea before this Act enters into force re-acquires the nationality of the Republic of Korea. |
| (2) | The amended provisions of Article 11 shall apply to a person who has lost the nationality of the Republic of Korea, among those under paragraph (1), by reason that he does not renounce a foreign nationality within six months after he acquires the nationality of the Republic of Korea. |
Article 4 (Transitional Measures on Renouncement Obligation of Foreign Nationality for Person Who has Acquired Nationality)
The amended provisions of Article 10 shall apply to a person who has acquired the nationality of the Republic of Korea before this Act enters into force and for whom six months have not passed from the date of acquisition until the enforcement date of this Act. Article 5 (Transitional Measures on Selection Option and Procedure of Nationality for Dual National)
The amended provisions of Articles 12 through 14 shall also apply to a person who has had the nationalities of both of the Republic of Korea and a foreign country before this Act enters into force (except those who have obtained permission for the abandonment of nationality): with regard to a person who is over twenty years of age as of the enforcement date of this Act, the enforcement date of this Act shall be the starting date for the selection period of nationality under Article 12 (1). Article 6 (Transitional Measures on Administration and Change of Right of Person in Loss of Nationality)
The amended provisions of Articles 16 and 18 shall also apply to a person who has lost the nationality of the Republic of Korea before this Act enters into force. Article 7 (Special Cases of Acquisition of Nationality for Persons of Maternal Line by Adoption of Jus Sanguinis to Both Lines of Parents)
| (1) | A person who falls under one of the following subparagraphs among the persons who have been born to a mother who was a national of the Republic of Korea between June 14, 1978 and June 13, 1998 may acquire the nationality of the Republic of Korea within December 31, 2004 through reporting to the Minister of Justice as determined by the Presidential Decree: <Amended by Act No. 6523, Dec. 19, 2001> |
| 1. | A person whose mother is currently a national of the Republic of Korea; and |
| 2. | A person whose mother was a national of the Republic of Korea at the time of her death, where his mother died. |
<This paragraph which has been unconstitutionalized in the Constitutional Court on Aug. 31, 2000 is revised by Act No. 6523, Dec. 19, 2001>
| (2) | With regard to reporting under paragraph (1), where a person who wants to acquire the nationality is under the age of fifteen, his legal agent shall act for him. <Amended by Act No. 6523, Dec. 19, 2001> |
| (3) | A person who failed to report within the period under paragraph (1) due to natural disaster or other unavoidable causes may acquire the nationality of the Republic of Korea through reporting to the Minister of Justice within three months after the removal of such cause. |
| (4) | A person who has reported under paragraph (1) or (3) shall acquire the nationality of the Republic of Korea 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) | (Application Example) The amended provisions of Article 6 (2) 3 and 4 shall also apply to any foreigner who has married a national of the Republic of Korea during the period from June 14, 1998 and not later than prior to 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) | (Application Example concerning Report on Renouncement of Korean Nationality by Dual National) The amended provisions of Article 12 (1) (proviso) (3), and Article 14 (1) (proviso) shall apply, starting with anyone who first makes a report on the renouncement of his Korean nationality after the enforcement of this Act. |
Last updated : 2009-07-26