NATIONALITY ACT
Act No. 8892, Mar. 14, 2008
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
Act No. 8435, May 17, 2007
Act No. 8892, Mar. 14, 2008
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| Article 1 (Purpose) |
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The purpose of this Act is to prescribe requirements to become 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) |
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| (1) | A person falling under any of the following subparagraphs 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; and |
| 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 recognized as 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) |
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| (1) | Where a person who is not a national of the Republic of Korea (herein- after referred to as a "foreigner") is acknowledged by his or her father or mother who is a national of the Republic of Korea, and meets each requirement of the following subparagraphs, the person may attain nationality of the Republic of Korea upon reporting to the Minister of Justice: |
| 1. | The foreigner shall be a minor under the Civil Act of the Republic of Korea; and |
| 2. | At the time of the foreigner’s birth, his or her father or mother was a national of the Republic of Korea. |
| (2) | A foreigner who makes a report under paragraph (1) attains nationality of the Republic of Korea at the time of 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 4 (Attainment of Nationality through Naturalization) |
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| (1) | A foreigner who has never attained nationality of the Republic of Korea may attain nationality of the Republic of Korea by obtaining permission for naturalization from the Minister of Justice. |
| (2) | The Minister of Justice shall, after determining whether a foreigner meets the requirements for naturalization under Articles 5 through 7, allow naturalization only to a person who meets such requirements. |
| (3) | A foreigner who becomes naturalized under paragraph (1) attains nationality of the Republic of Korea at the time when the Minister of Justice grants permission for such. |
| (4) | Necessary matters for application procedures and the screening thereof 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) |
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A foreigner shall meet each of the following requirements in order to become naturalized, except where prescribed by Articles 6 and 7: | 1. | He/she shall have sustained 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. | His/her conduct shall be orderly; |
| 4. | He/she shall be able to support himself, relying on his or her own assets, ability or family he or she lives with; and |
| 5. | He/she shall have basic knowledge as a national of the Republic of Korea, such as Korean language skills and understanding of Korean customs. |
[This Article Wholly Amended by Act No. 8892, Mar. 14, 2008]
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| Article 6 (Requirements for Simple Naturalization) |
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| (1) | A foreigner who falls under any of the following subparagraphs and has sustained a domicile in the Republic of Korea for three consecutive years may become naturalized, despite not meeting the requirements under subparagraph 1 of Article 5: |
| 1. | His/her father or mother was a national of the Republic of Korea; |
| 2. | He/she was born in the Republic of Korea and his or her father or mother was born in the Republic of Korea; and |
| 3. | He/she was 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 a foreigner whose spouse is a national of the Republic of Korea falls under any of the following subparagraphs, he or she may become naturalized, despite not meeting the requirements under subparagraph 1 of Article 5: |
| 1. | He/she has sustained domicile in the Republic of Korea for at least two consecutive years, being married to the said spouse; |
| 2. | Three years have lapsed, since he or she got married to the said spouse, sustaining a domicile in the Republic of Korea for at least one year consecutively; |
| 3. | Although having failed to fulfill requirements for the period under subparagraph 1 or 2, he or she was unable to sustain marriage due to the death or disappearance of his or her spouse or other causes unattributable to him or her while sustaining a domicile in the Republic of Korea and being married to the said spouse, fulfilled the requirements for period of domicile under subparagraph 1 or 2, and is considered reasonable by the Minister of Justice; and |
| 4. | Although he or she has failed to satisfy the requirements under subparagraph 1 or 2, he or she is taking care of, or shall take care of a minor born within the marriage relationship with the said spouse, meets the domicile period requirements under subparagraph 1 or 2, and is considered reasonable by the Minister of Justice. |
[This Article Wholly Amended by Act No. 8892, Mar. 14, 2008]
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| Article 7 (Requirements for Special Naturalization) |
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| (1) | A foreigner who falls under any of the following subparagraphs and has sustained a domicile in the Republic of Korea may be naturalized without meeting the requirements under subparagraph 1, 2 or 4 of Article 5: |
| 1. | His/her mother is a national of the Republic of Korea: Provided, That a person who was adopted as an adult under the Civil Act of the Republic of Korea shall be excluded; and |
| 2. | He/she has contributed greatly to the Republic of Korea. |
| (2) | Where the Minister of Justice allows naturalization for a person who falls under paragraph (1) 2, the Minister shall obtain approval of the President. |
[This Article Wholly Amended by Act No. 8892, Mar. 14, 2008]
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| Article 8 (Concurrent Attainment) |
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| (1) | Where a foreigner applies for naturalization, his or her minor child under the Civil Act of the Republic of Korea may concurrently apply for such nationality. |
| (2) | A minor child who applies for nationality under paragraph (1) shall attain nationality of the Republic of Korea at the time when the Minister of Justice allows naturalization to his or her father or mother. |
| (3) | Application procedures 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 (Attainment of Nationality through Reinstatement of Nationality) |
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| (1) | A foreigner who has been a national of the Republic of Korea may attain nationality of the Republic of Korea by obtaining permission for the reinstatement of nationality from the Minister of Justice. |
| (2) | The Minister of Justice may not allow the reinstatement of nationality to a person who falls under any of the following subparagraphs, after screening such person who has applied for the reinstatement of nationality: |
| 1. | He/she has inflicted harm on the State or society; |
| 2. | His/her conduct is disorderly; |
| 3. | He/she lost or renounced his or her nationality of the Republic of Korea in order to evade military service; and |
| 4. | The Minister of Justice regards the reinstatement of his or her nationality as inappropriate, for the purposes of national security, sustainment of order or public welfare. |
| (3) | A person whose nationality is reinstated under paragraph (1) attains nationality of the Republic of Korea at the time when the Minister of Justice allows permission therefor. |
| (4) | Necessary matters concerning application procedures and screening under paragraphs (1) and (2) shall be determined by Presidential Decree. |
| (5) | The provisions of Article 8 shall be applied mutatis mutandis to the concurrent attainment of nationality, as a result of the reinstatement of nationality. |
[This Article Wholly Amended by Act No. 8892, Mar. 14, 2008]
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| Article 10 (Obligation to Renounce Foreign Nationality) |
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| (1) | A foreigner who has attained nationality of the Republic of Korea but retains a nationality of a foreign country shall renounce the nationality of the foreign country within six months after the attainment of nationality of the Republic of Korea. |
| (2) | A person who does not abide by paragraph (1) shall lose nationality of the Republic of Korea upon the completion of the time specified therein: Provided, That this may not apply to a person who is under circumstances making it difficult to comply with paragraph (1), despite his or her intention, and falls under any case as determined by Presidential Decree. |
[This Article Wholly Amended by Act No. 8892, Mar. 14, 2008]
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| Article 11 (Re-Attainment of Nationality) |
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| (1) | When a person who has lost nationality of the Republic of Korea pursuant to Article 10 (2) renounces nationality of foreign country within one year after the loss of nationality of the Republic of Korea, he or she may re-attain nationality of the Republic of Korea upon reporting to the Minister of Justice. |
| (2) | A person who has reported under paragraph (1) attains nationality of the Republic of Korea at the time of such reporting. |
| (3) | The 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 12 (Obligation of Dual National to Choose One Nationality) |
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| (1) | A person who has nationalities of both of the Republic of Korea and a foreign country by birth or pursuant to this Act (hereinafter referred to as a "dual national") before fully turning twenty years of age shall choose one nationality before fully turning twenty-two years of age; and a person who becomes a dual national fully turning twenty years of age shall choose one nationality within two years from such time pursuant to Articles 13 and 14: Provided, That anyone who is enlisted in the first militia service under Article 8 of the Military Service Act shall choose one nationality within three months from the time of enlistment, or within two years from the time he or she falls under any subparagraph of paragraph (3). |
| (2) | A person who did not choose a nationality under paragraph (1) shall lose nationality of the Republic of Korea after fully turning twenty-two years old under paragraph (1) or the lapse of two years. |
| (3) | Any person who was born while his lineal ascendent stays abroad without the intention of permanently residing in any foreign country may make a declaration of renouncement of his Korean nationality as provided for in the provisions of Article 14, when the person falls under any of the following subparagraphs, with respect to his obligation for military service: |
| 1. | When he has completed, or is deemed to have completed, his active military service, full-time reserve service or replacement status; |
| 2. | When he is exempt from military service; and |
| 3. | When he is enlisted in the second militia service. |
[This Article Wholly Amended by Act No. 8892, Mar. 14, 2008]
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| Article 13 (Procedures for Choosing Nationality of Republic of Korea) |
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| (1) | A dual national intending to choose nationality of the Republic of Korea shall renounce his or her foreign nationality within the period as prescribed in Article 12 (1), and declare his or her intention of choosing nationality of the Republic of Korea to the Minister of Justice. |
| (2) | Requisites for the acceptance and procedures for declaration pursuant to 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 14 (Procedures for Renunciation of Nationality of Republic of Korea) |
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| (1) | A dual national intending to choose the nationalty of a foreign country may declare his or her intention to renounce the nationalty of the Republic of Korea to the Minister of Justice within the period pursuant to Article 12 (1): Provided, That anyone who is prescribed in the proviso to Article 12 (1) or paragraph (3) of the same Article may make such declaration within the period or from the time the relevant grounds arise. |
| (2) | A person who has declared the renunciation of nationality pursuant to paragraph (1) shall lose nationality of the Republic of Korea at the time of declaration. |
| (3) | Procedures for declaration 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 15 (Loss of Nationality by Attainment of Foreign Nationality) |
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| (1) | A national of the Republic of Korea who has voluntarily attained nationality of a foreign country shall lose nationality of the Republic of Korea at the time of attainment of the foreign nationality. |
| (2) | A national of the Republic of Korea who falls under any of the following subparagraphs shall be deemed to have lost his or her nationality of the Republic of Korea retroactively at the time of attainment of the foreign nationality, if he or she fails to declare his or her intension to retain nationality of the Republic of Korea to the Minister of Justice within six months after attainment of the foreign nationality: |
| 1. | He/she has attained the same nationality as his/she spouse, through marriage to a foreigner; |
| 2. | He/she has attained nationality of an adoptive father or mother through adoption by a foreigner; |
| 3. | A person who has attained nationality of a father or mother through acknowledgement by a foreign father or mother; and |
| 4. | A minor or the spouse of a person who has lost nationality of the Republic of Korea through the attainment of a foreign nationality, and has concurrently attained the foreign nationality under laws of the foreign country. |
| (3) | With respect to a person who has lost nationality of the Republic of Korea due to the attainment of that of a foreign country, where the date of attainment of nationality of the foreign country is unknown, the date his or her foreign passport was first issued is presumed to be the date. |
| (4) | Procedures for report 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 on Person who has Lost Nationality) |
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| (1) | A person who has lost his or her nationality of the Republic of Korea (except 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 or her duties, a person who has lost nationality of the Republic of Korea, the public official shall notify the Minister of Justice without delay. |
| (3) | Where the Minister of Justice finds, in the course of performing his or her duties or has received the report or notification of the loss of nationality under paragraphs (1) and (2), a person who has lost the nationality of the Republic of Korea, the Minister shall notify the family register office and resident registration office. |
| (4) | Procedures for reporting and notification and other necessary matters under paragraphs (1) through (3) shall be determined by Presidential Decree. |
[This Article Wholly Amended by Act No. 8892, Mar. 14, 2008]
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| Article 17 (Public Notification in Official Gazette) |
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| (1) | Where the attainment or loss of nationality of the Republic of Korea has occurred, the Minister of Justice shall publicly notify such fact in the official gazette. |
| (2) | Matters to be notified 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 (Alteration of Rights of Person who has Lost Nationality) |
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| (1) | A person who has lost nationality of the Republic of Korea may not have the rights afforded only to nationals of the Republic of Korea, from the time of such loss of nationality. |
| (2) | Where a person has attained transferable rights under paragraph (1) when he or she was a national of the Republic of Korea, he or she shall transfer them to a national of the Republic of Korea within three years unless otherwise prescribed by Acts and subordinate statutes related to rights. |
[This Article Wholly Amended by Act No. 8892, Mar. 14, 2008]
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| Article 19 (Reporting by Legal Representatives) |
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With regard to application or reporting under this Act, where a person intending to file an application or report is under the age of fifteen, a legal representative shall act on behalf of the person.
[This Article Wholly Amended by Act No. 8892, Mar. 14, 2008]
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| Article 20 (Adjudication of Nationality) |
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| (1) | Where it is unclear whether a person has attained or is holding nationality of the Republic of Korea, the Minister of Justice may determine such fact upon review. |
| (2) | Procedures for screening and determination, and other necessary matters under paragraph (1) 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.) |
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| (1) | The Minister of Justice may revoke permission or adjudication of a person who has obtained permission of naturalization, reinstatement of nationality or adjudication of nationality by false or other wrongful means. |
| (2) | Standards and procedures for revocation pursuant to paragraph (1), and other necessary matters shall be determined by Presidential Decree. |
[This Article Added by Act No. 8892, Mar. 14, 2008]
ADDENDA
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 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 on Reinstatement or Re-Attainment of Nationality)
| (1) | The amended provisions of Article 9 shall apply to the procedure through which 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 or she failed to renounce a foreign nationality within six months after acquiring nationality of the Republic of Korea. |
Article 4 (Transitional Measures on Obligation to Renounce Foreign Nation- ality 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 on Choosing, and Procedures of, Nationality for Dual National)
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 shall be the starting date for the period of choosing nationality under Article 12 (1). Article 6 (Transitional Measures on 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 or 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) | A person who falls under any of the following subparagraphs among the 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 December 31, 2004 by reporting to the Minister of Justice as determined by Presidential Decree: <Amended by Act No. 6523, Dec. 19, 2001> |
| 1. | The person’s mother is currently a national of the Republic of Korea; and |
| 2. | The person’s mother was a national of the Republic of Korea at the time of her death, if she has died. |
<This paragraph which has been declared as unconstitutional 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 intends to attain nationality is under the age of fifteen, the person’s legal representative shall act on behalf of such person. <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 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 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 foreigner 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, the amended provisions of Article 21 shall enter into force six months after the date of its promulgation.
Last updated : 2009-11-02