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| Article 1 (Purpose) |
The purpose of this Act is to prescribe the conditions for becoming a national of the Republic of Korea.
[This Article Wholly Amended on Mar. 14, 2008]
법령 이단보기
| Article 2 (Acquisition 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 on Mar. 14, 2008]
법령 이단보기
| Article 3 (Acquisition of Nationality by Acknowledgment) |
| (1) | Where a person, who is not a national of the Republic of Korea (hereinafter referred to as "alien"), is acknowledged by his or her father or mother who is a national of the Republic of Korea, and meets all the following requirements, the person may acquire the nationality of the Republic of Korea by 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 or 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 acquire 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 prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 14, 2008]
법령 이단보기
| Article 4 (Acquisition of Nationality through Naturalization) |
| (1) | An alien who has never acquired the nationality of the Republic of Korea may acquire 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. <Amended on Dec. 19, 2017> |
| (3) | An alien who obtains permission for naturalization under paragraph (1) shall acquire the nationality of the Republic of Korea at the time he or she takes an oath of citizenship before the Minister of Justice and is granted a certificate of nationality: Provided, That if it is deemed that the alien cannot understand the meaning of an oath of citizenship or has difficulty in expressing the matters he or she has understood due to age, a physical or mental disability, or other reasons, the Minister of Justice may exempt him or her from taking an oath of citizenship. <Amended on Dec. 19, 2017> |
| (4) | The Minister of Justice may require the head of a regional immigration office to act on his or her behalf in receiving an oath of citizenship and granting a certificate of nationality under the main clause of paragraph (3) and in exempting an alien from taking an oath of citizenship under the proviso of the same paragraph, as prescribed by Presidential Decree. <Newly Inserted on Dec. 19, 2017> |
| (5) | Matters necessary for the procedures for filing an application, the examination thereof, taking an oath of citizenship, granting a certificate of nationality, performing such duty as an agent, etc. under paragraphs (1) through (4) shall be prescribed by Presidential Decree. <Amended on Dec. 19, 2017> |
[This Article Wholly Amended on Mar. 14, 2008]
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| Article 5 (Requirements for General Naturalization) |
An alien shall meet the following requirements in order to obtain permission for naturalization, except in cases falling under Article 6 or 7: <Amended on Dec. 19, 2017> | 1. | He or she shall have had a domicile in the Republic of Korea for at least five consecutive years; |
| 1-2. | He or she shall have qualification for permanent residence in the Republic of Korea; |
| 2. | He or she shall be an adult under the Civil Act of the Republic of Korea; |
| 3. | He or she shall meet the requirements regarding good conduct prescribed by Ordinance of the Ministry of Justice, such as complying with statutes; |
| 4. | He or she shall be able to support himself/herself, relying on his or her own assets, ability, or family he or she lives with; |
| 5. | He or she shall have basic knowledge as a national of the Republic of Korea, such as Korean language proficiency and understanding of Korean custom; |
| 6. | The Minister of Justice shall acknowledge that granting permission for naturalization to him or her does not compromise national security, maintenance of order, or public welfare. |
[This Article Wholly Amended on Mar. 14, 2008]
법령 이단보기
| 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 subparagraphs 1 and 1-2 of Article 5: <Amended on Dec. 19, 2017> |
| 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 who 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 or she may obtain permission for naturalization, even without meeting the requirements under subparagraphs 1 and 1-2 of Article 5: <Amended on Dec. 19, 2017> |
| 1. | A person who has had a domicile in the Republic of Korea for at least two consecutive years while being married to the said spouse; |
| 2. | A person for whom three years have lapsed, since he or she got married to the said spouse, having a domicile in the Republic of Korea for at least one year while being married to the said spouse; |
| 3. | A person who failed to fulfill the requirements for a period under subparagraph 1 or 2 for the reason that he or she was unable to sustain marriage due to death or disappearance of his or her spouse or other causes unattributable to him or her while having a domicile in the Republic of Korea and being married to the said spouse, but has fulfilled the requirements for the remaining period under subparagraph 1 or 2 and thus is considered a case reasonable by the Minister of Justice; |
| 4. | A person who failed to satisfy the requirements under subparagraph 1 or 2, but who is, or shall be, taking 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 thus is considered a case reasonable by the Minister of Justice. |
[This Article Wholly Amended on 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, 1-2, 2, or 4 of Article 5: <Amended on May 4, 2010; Dec. 19, 2017> |
| 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, and sport. |
| (2) | The standards and procedures for determining a person falling under paragraph (1) 2 and 3 shall be prescribed by Presidential Decree. <Amended on May 4, 2010; Dec. 19, 2017> |
[This Article Wholly Amended on 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 or her father or mother applies for naturalization. <Amended on Dec. 19, 2017> |
| (2) | A person who applies for nationality under paragraph (1) shall acquire the nationality of the Republic of Korea at the time his or her father or mother acquires the nationality of the Republic of Korea. <Amended on Dec. 19, 2017> |
| (3) | Procedures for filing an application under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. <Amended on Dec. 19, 2017> |
[This Article Wholly Amended on Mar. 14, 2008]
법령 이단보기
| 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 to recover nationality from the Minister of Justice. |
| (2) | The Minister of Justice shall not allow any of the following persons to recover his or her nationality, after screening a person who has applied for the recovery of nationality: <Amended on Dec. 19, 2017> |
| 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 or her nationality of the Republic of Korea in order to evade military service; |
| 4. | A person the recovery of whose nationality is deemed inappropriate by the Minister of Justice 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 he or she takes an oath of citizenship before the Minister of Justice and is granted a certificate of recovery of nationality: Provided, That if it is deemed that a person cannot understand the meaning of an oath of citizenship or has difficulty in expressing the matters he or she has understood due to age, a physical or mental disability, or other reasons, the Minister of Justice may exempt him or her from taking an oath of citizenship. <Amended on Dec. 19, 2017> |
| (4) | The Minister of Justice may require the head of a regional immigration office or the head of a diplomatic mission abroad to act on his or her behalf in receiving an oath of citizenship and granting a certificate of recovery of nationality under the main clause of paragraph (3) and in exempting a person from taking an oath of citizenship under the proviso of the same paragraph, as prescribed by Presidential Decree. <Newly Inserted on Dec. 19, 2017> |
| (5) | Matters necessary for the procedures for filing an application, examination thereof, taking an oath of citizenship, granting a certificate of recovery of nationality, performing such duty as an agent, etc. under paragraphs (1) through (4) shall be prescribed by Presidential Decree. <Amended on Dec. 19, 2017> |
| (6) | Article 8 shall apply mutatis mutandis to the concurrent acquisition of nationality, as a result of the recovery of nationality. <Amended on Dec. 19, 2017> |
[This Article Wholly Amended on 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 on May 4, 2010> |
| (2) | Notwithstanding paragraph (1), any of the following persons shall either renounce the nationality of the foreign country or vow his or her intention not to exercise his or 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 or she acquires the nationality of the Republic of Korea: <Newly Inserted on 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 or she obtained permission for naturalization; |
| 2. | A person who has obtained permission to recover 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 to acquire nationality under Article 9, while living in a foreign country after he or she was adopted by an alien and acquired the nationality of the foreign country before he or she came of age under the Civil Act of the Republic of Korea; |
| 4. | A person who has obtained permission to acquire 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 or 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 on May 4, 2010> |
[This Article Wholly Amended on 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 or her nationality of a foreign country within one year after the loss of his or her nationality of the Republic of Korea, he or she may acquire the nationality of the Republic of Korea again, upon reporting to the Minister of Justice. <Amended on May 4, 2010> |
| (2) | A person who makes a report 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 prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 14, 2008]
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| Article 11-2 (Legal Status 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 and who is prescribed by Presidential Decree (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. <Amended on Dec. 20, 2016> |
| (2) | When a person with multiple nationalities intends to engage in a field in which he or she is not allowed to perform official duties while maintaining the nationality of a foreign country under relevant statutes, the person shall renounce the nationality of a foreign country. |
| (3) | When the head of a central administrative agency intends to enact or amend statutes, to allow a person with multiple nationalities to be treated the same as with an alien, he or she shall consult with the Minister of Justice in advance. |
[This Article Newly Inserted on May 4, 2010]
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| Article 12 (Obligations of Persons with Multiple Nationalities to Choose One Nationality) |
| (1) | A person who has acquired 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 or her intention not to exercise his or her foreign nationality in the Republic of Korea to the Minister of Justice, pursuant to Article 10 (2). <Amended on May 4, 2010> |
| (2) | Notwithstanding the main clause 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 or 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 or she may do so even before he or she falls under any subparagraph of paragraph (3). <Amended on May 4, 2010; May 29, 2016> |
| (3) | Any person who was born while his lineal ascendant stayed abroad without the intention of permanently residing in any foreign country may make a declaration of his intention to renounce 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 on May 4, 2010; May 29, 2016; Dec. 31, 2019> |
| 1. | Where he has completed, or is deemed to have completed, his active military service, full-time reserve service, supplementary service, or alternative service; |
| 2. | Where he is enlisted in the wartime labor service; |
| 3. | Where he is exempt from military service. |
[This Article Wholly Amended on Mar. 14, 2008]
[Title Amended on May 4, 2010]
[Nonconformity to the Constitution, 2016Hun-Ma889, Sep. 24, 2020. The main clause of Article 12 (2) of the Nationality Act (as amended by Act No. 14183 on May 29, 2016) is not in conformity with the Constitution. Such provisions shall continue to apply until amended by the deadline of September 30, 2022.]
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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 clause of Article 12 (1) may either renounce his or her foreign nationality or declare his or her intention to choose the nationality of the Republic of Korea to the Minister of Justice after vowing his or her intention not to exercise his or her foreign nationality in the Republic of Korea, as prescribed by the Minister of Justice. <Amended on 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 clause of Article 12 (1) may declare his or her intention to choose the nationality of the Republic of Korea to the Minister of Justice only after the person has renounced his or her foreign nationality: Provided, That a person falling under Article 12 (3) 1 may declare his or 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. <Newly Inserted on May 4, 2010> |
| (3) | Notwithstanding paragraph (1) and the proviso of 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 or her birth may declare his or her intention to choose the nationality of the Republic of Korea to the Minister of Justice only after the person has renounced his or her foreign nationality. <Newly Inserted on May 4, 2010> |
| (4) | Requirements for the acceptance and procedures for declaration prescribed in paragraphs (1) through (3) and other necessary matters shall be prescribed by Presidential Decree. <Amended on May 4, 2010> |
[This Article Wholly Amended on 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 or she is domiciled abroad, by declaring his or 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 clause 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 on May 4, 2010> |
| (2) | A person who has declared his or her intention to renounce 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 on 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 on May 4, 2010> |
[This Article Wholly Amended on Mar. 14, 2008]
[Title Amended on May 4, 2010]
[Nonconformity to the Constitution, 2016Hun-Ma889, Sep. 24, 2020. The provisions regarding the main clause of Article 12 (2) in the proviso of Article 14 (1) of the Nationality Act (as amended by Act No. 10275 on May 4, 2010) is not in conformity with the Constitution. Such provisions shall continue to apply until amended by the deadline of September 30, 2022.]
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| Article 14-2 (Special Cases concerning Renunciation of Nationality of the Republic of Korea) |
| (1) | Notwithstanding the main clause of Article 12 (2) and the proviso of Article 14 (1), a person with multiple nationalities who meets all of the following requirements may file an application for permission to renounce his nationality of the Republic of Korea with the Minister of Justice, if the person fails to file a report on his intention to renounce his nationality of the Republic of Korea within three months after having been enlisted for the preliminary military service under Article 8 of the Military Service Act: |
| 1. | Any of the following persons: |
| (a) | A person born in a foreign country (excluding a person born in a foreign country while his lineal ascendant was staying in the foreign country without the intention of permanent residency therein) who continuously has his primary base of living in a foreign country after birth; |
| (b) | A person who continuously has his primary base of living in a foreign country after he had emigrated to a foreign country under the age of six; |
| 2. | There shall be good cause for not filing a report on renunciation of nationality within three months from the time when he was enlisted for the preliminary military service pursuant to the main clause of Article 12 (2) and the proviso of Article 14 (1). |
| (2) | The Minister of Justice shall consider each of the following when he or she grants permission pursuant to paragraph (1): |
| 1. | The place of birth of a person with multiple nationalities and reasons and events leading to the acquisition of multiple nationalities; |
| 2. | Whether the domicile and the principal place of residence of a person with multiple nationalities are a foreign country; |
| 3. | The frequency of entry into, and the purpose and period of stay in, the Republic of Korea; |
| 4. | Whether a person with multiple nationalities has exercised the right which can be enjoyed only by citizens of the Republic of Korea; |
| 5. | Whether a person with multiple nationalities has substantial restriction, or a disadvantage equivalent thereto, on his job selection in a foreign country due to multiple nationalities; |
| 6. | Whether it is in harmony with the fairness in the fulfillment of the duty of military service. |
| (3) | An application for permission under paragraph (1) shall be filed with the Minister of Justice through the head of a diplomatic mission abroad having jurisdiction over the relevant domicile by a person with multiple nationalities who has a domicile in a foreign country. |
| (4) | A person who applies for permission to renounce nationality under paragraphs (1) and (3) shall lose the nationality of the Republic of Korea at the time when the Minister of Justice grants permission. |
| (5) | Matters necessary for detailed qualifications of applicants, detailed matters to be considered in granting permission, procedures for application and permission, etc. under paragraphs (1) through (4) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Sep. 15, 2022]
[Previous Article 14-2 moved to Article 14-3 <Sep. 15, 2022>]
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| Article 14-3 (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 or her intention not to exercise his or her foreign nationality in the Republic of Korea under Article 10 (2), 13 (1) or the proviso of paragraph (2) of the same Article conducts any act evidently violating such intention, the Minister of Justice may order him or 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 or her foreign nationality. |
| (4) | A person who fails to follow 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 Newly Inserted on May 4, 2010]
[Moved from Article 14-2; previous Article 14-3 moved to Article 14-4 <Sep. 15, 2022>]
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| Article 14-4 (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 Newly Inserted on May 4, 2010]
[Moved from Article 14-3; Previous Article 14-4 moved to Article 14-5 <Sep. 15, 2022>]
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| Article 14-5 (Duty of Notification on Persons with Multiple Nationalities) |
| (1) | When a public official discovers a person with multiple nationalities in the course of performing his or her official duties, the public official shall notify, without delay, 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 or her official duties, the public official may make inquiries to the relevant person or request him or her to present necessary data. |
| (3) | Procedures for notification under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on May 4, 2010]
[Moved from Article 14-4 <Sep. 15, 2022>]
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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 or she acquires the foreign nationality. |
| (2) | Any of the following nationals of the Republic of Korea shall be deemed to have lost his or her nationality of the Republic of Korea retroactively from the time of acquisition of the foreign nationality, if he or she fails to declare his or 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 or 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 father or mother through acknowledgment his or her 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 or her foreign passport was first issued shall be deemed to be the date he or 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 on Mar. 14, 2008]
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| Article 16 (Administration concerning Persons who have Lost Nationality) |
| (1) | A person who has lost his or 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 identifies, in the course of performing his or her duties, a person who has lost the nationality of the Republic of Korea, the public official shall notify, without delay, the Minister of Justice thereof. |
| (3) | Where the Minister of Justice identifies a person who has lost the nationality of the Republic of Korea in the course of performing his or 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 prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 14, 2008]
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| Article 17 (Public Notice 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 notify such fact in the Official Gazette. |
| (2) | Matters to be publicly notified in the Official Gazette pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on 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 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 statutes or regulations related to such rights. |
[This Article Wholly Amended on Mar. 14, 2008]
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| Article 19 (Reporting 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 him or her.
[This Article Wholly Amended on 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 prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 14, 2008]
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| Article 21 (Revocation of Permission) |
| (1) | The Minister of Justice may revoke permission or adjudication of a person who has obtained permission for naturalization, recovery of nationality, or renunciation of nationality, or adjudication of nationality by fraud or other improper means. <Amended on Sep. 15, 2022> |
| (2) | Standards and procedures for revocation under paragraph (1), and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 14, 2008]
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| Article 22 (Nationality Deliberation Committee) |
| (1) | A Nationality Deliberation Committee (hereinafter referred to as the "Committee") shall be established under the jurisdiction of the Minister of Justice to deliberate on the following regarding nationality: |
| 1. | Matters regarding permission for special naturalization under Article 7 (1) 3 of the Act; |
| 2. | Matters regarding permission for renouncing the nationality of the Republic of Korea under Article 14-2; |
| 3. | Matters regarding determination on loss of the nationality of the Republic of Korea under Article 14-4; |
| 4. | Other matters on which the Minister of Justice requests deliberation in relation to nationality affairs. |
| (2) | Before granting permission or making a decision under paragraph (1) 1 through 3, the Minister of Justice shall refer the relevant matters to the Committee for deliberation: Provided, That this shall not apply to matters prescribed by Presidential Decree, such as cases where it is obvious that the requirements are not met. |
| (3) | Where the Committee deems it necessary for efficient deliberation on the matters specified in the subparagraphs of paragraph (1), it may request the head of a relevant administrative agency to submit materials or to present his or her opinion or may require a relevant person to appear before the Committee to hear his or her opinion. |
[This Article Newly Inserted on Sep. 15, 2022]
[Previous Article 22 moved to Article 26 <Sep. 15, 2022>]
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| Article 23 (Composition and Operation of Committee) |
| (1) | The Committee shall be comprised of up to 30 members, including one chairperson. |
| (2) | The Vice Minister of Justice shall serve as the chairperson and the following persons shall serve as members of the Committee: |
| 1. | A public official of the Ministry of Justice who belongs to the Senior Executive Service and is nominated by the Minister of Justice; |
| 2. | Director-level public officials or public officials equivalent thereto of a relevant administrative agency prescribed by Presidential Decree, who are nominated by the Minister of Justice; |
| 3. | Persons commissioned by the Minister of Justice, from among persons with extensive knowledge of and experience in the affairs of nationality. |
| (3) | Each commissioned member under Article (2) 3 shall hold office for a term of two years and may be reappointed only for one consecutive term: Provided, That the term of office of a member who is newly commissioned because of the occurrence of a vacancy during a member's term of office shall be the remainder of his or her predecessor's term of office. |
| (4) | A meeting of the Committee shall be attended by at least 10 but not more than 15 members nominated by the Chairperson on a case-by-case basis under Article 22 (1), a majority of whom shall be commissioned members under paragraph (2) 3. |
| (5) | The chairperson and a majority of the members of the Committee nominated under paragraph (4) shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present. |
| (6) | The Committee shall have one executive secretary to handle the clerical work thereof, who shall be nominated by the chairperson from among public official in general service. |
| (7) | Subcommittees for each field may be established under the Committee for the efficient management of its affairs. |
| (8) | Except as provided in paragraphs (1) through (7), matters necessary for the composition and operation of the Committee shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Sep. 15, 2022]
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| Article 24 (Fees) |
| (1) | A person who intends to file an application for permission, make a report, or be issued with a certificate under this Act shall pay fees, as prescribed by Ordinance of the Ministry of Justice. |
| (2) | Fees referred to in paragraph (1) may be reduced or exempt if there is good cause. |
| (3) | Matters necessary for amounts of fees referred to in paragraph (1) and criteria for reduction of and exemption from fees under paragraph (2) shall be prescribed by Ordinance of the Ministry of Justice. |
[This Article Newly Inserted on Sep. 18, 2018]
[Moved from Article 21-2 <Sep. 15, 2022>]
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| Article 25 (Cooperation by Related Agencies) |
| (1) | If necessary to perform duties regarding nationality, the Minister of Justice may request the heads of related agencies or the heads of relevant organizations to cooperate in submitting materials, investigating facts, background checks, presenting opinions, and other matters. |
| (2) | In order to perform duties regarding nationality, the Minister of Justice may request the heads of related agencies to provide the following information: |
| 1. | Information on criminal records; |
| 2. | Information on investigation records; |
| 3. | Information on the results of measures taken against aliens who have committed a crime; |
| 4. | Information on issuance of passports; |
| 5. | Information on resident registration; |
| 6. | Information on registration of family relationships; |
| 7. | Information on military service, such as military records; |
| 8. | Information on tax payment. |
| (3) | The heads of related agencies or the heads of relevant organizations who have been requested to provide cooperation or information under paragraph (1) or (2) shall comply therewith, in the absence of good cause. |
[This Article Newly Inserted on Dec. 19, 2017]
[Moved from Article 21-3 <Sep. 15, 2022>]
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| Article 26 (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 office, as prescribed by Presidential Decree. <Amended on Mar. 18, 2014>
[This Article Newly Inserted on May 4, 2010]
[Moved from Article 22 <Sep. 15, 2022>]
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| Article 27 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
[This Article Newly Inserted on Sep. 15, 2022]
ADDENDA <Act No. 5431, Dec. 13, 1997>
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, etc.)
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 Reacquisition of Nationality)
| (1) | The amended provisions of Article 9 shall apply to procedures for the reacquisition 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, from 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 acquisition 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 to renounce 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 concerning Acquisition 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 acquire nationality of the Republic of Korea by no later than December 31, 2004 by reporting to the Minister of Justice as prescribed by Presidential Decree: <Amended on 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 acquire nationality is under the age of 15, the person's legal representative shall act on behalf of such person. <Amended on 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 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 acquire 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 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 to Declaration of Intention to Renounce Korean Nationality by Dual Nationals) The amended provisions of the proviso of Article 12 (1), Article 12 (3), and the proviso of Article 14 (1) shall apply, starting with the first person who makes a declaration of his or her intention to renounce 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 reacquire 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 reacquires 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 acquired, 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 to 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 of 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.
ADDENDUM <Act No. 14407, Dec. 20, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 15249, Dec. 19, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Requirements for General Naturalization)
| (1) | The amended provisions of subparagraph 1-2 of Article 5 shall apply, beginning with an application for permission for naturalization filed after this Act enters into force. |
| (2) | The amended provisions of subparagraphs 3 and 6 of Article 5 shall also apply to applications for permission for naturalization filed before this Act enters into force. |
ADDENDUM <Act No. 15752, Sep. 18, 2018>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 16851, Dec. 31, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2020. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 18978, Sep. 15, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force on October 1, 2022.
Article 2 (Applicability to Special Cases concerning Renunciation of Nationality of the Republic of Korea)
| (1) | The amended provisions of Article 14-2 shall begin to apply to applications for permission to renounce the nationality of the Republic of Korea filed on or after the date this Act enters into force. |
| (2) | The amended provisions of Article 14-2 shall also apply to a person with multiple nationalities for whom three years have passed since he was enlisted for the preliminary military service as at the time this Act enters into force. |
Article 3 (Applicability to, and Transitional Measures concerning, Establishment of Nationality Deliberation Committee)
| (1) | Matters subject to deliberation by the Nationality Deliberation Committee under the amended provisions of Article 22 shall begin to apply where the Minister of Justice accepts an application or deems it necessary to determine the loss of nationality on or after the date this Act enters into force. |
| (2) | Notwithstanding paragraph (1), the Nationality Deliberation Committee under the amended provisions of Article 22 may continue to deliberate on matters under deliberation by the Nationality Deliberation Committee under the previous Presidential Decree as at the time this Act enters into force. |
| (3) | A person commissioned as a civilian member of the Nationality Deliberation Committee under the previous Presidential Decree shall be deemed a commissioned member under the amended provisions of Article 23 (2) 3. In such cases, the term of office of commissioned members shall be reckoned from the time they were commissioned under the previous Presidential Decree. |
