Dual Nationals Without Military Service, Born with Multiple Nationalities, Can Renounce Korean Citizenship with Minister of Justice Approval

[Asia Economy Reporter Kim Hyung-min] Even if congenital dual nationals who have not fulfilled their military service obligations in Korea have passed the age of 18, when they can file a nationality renunciation report, a path to renounce Korean nationality is opened.

The Ministry of Justice announced on the 15th that it will promulgate the amendment to the Nationality Act containing this content and enforce it from the 1st of next month. The Nationality Act is amended to allow only dual nationals who have not fulfilled military service due to unavoidable circumstances or justifiable reasons to exceptionally apply for permission to renounce nationality from the Minister of Justice.

According to the amendment, if a dual national fails to file a nationality renunciation report within three months from January 1 of the year they turn 18 and are enlisted in the military service preparation category, they can apply for permission to renounce nationality from the Minister of Justice.

However, the eligible applicants are limited to two categories. It is only possible for dual nationals who were born abroad and have continuously maintained their main residence abroad, or for children under six years old who have moved abroad and have continuously lived abroad with their main residence there.

The approval decision will be made by the Nationality Deliberation Committee. The committee reviews based on birthplace, the circumstances of acquiring dual nationality, main residence, number of entries into Korea and purpose and duration of stay, whether there is any disadvantage in job selection due to dual nationality, and the fairness and harmony of fulfilling military service obligations.

Additionally, the amendment includes elevating the Nationality Deliberation Committee, which was stipulated in the Enforcement Decree of the Nationality Act, to a legal status and allowing it to deliberate on matters related to exceptional permission for nationality renunciation.

This is a measure following the Constitutional Court's decision of constitutional inconsistency. Before the amendment, the Nationality Act had a prohibition clause to prevent cases where Korean nationals enjoyed benefits but renounced nationality when their military service period approached. However, second-generation Koreans living abroad who are not well aware of Korean nationality laws were criticized for having to live as dual nationals until the age of 36 if they missed the three-month period, suffering disadvantages in entering public office or military service in the respective countries.

Accordingly, on September 24, 2020, the Constitutional Court ruled that the provision of the Nationality Act, which uniformly restricts nationality renunciation until military service obligations are fulfilled if a dual national does not file a nationality renunciation report within three months from the time they turn 18 and are enlisted in the military service preparation category, violates the principle of proportionality and infringes on the freedom to renounce nationality. However, considering difficulties in securing fairness in military service obligations if the provision were immediately declared unconstitutional, it decided to apply the provision provisionally until the 30th of this month.

The National Assembly passed a partial amendment to the Nationality Act reflecting this intention on the 1st, and it was promulgated on this day.

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