Renouncing Korean Citizenship

For individuals born with Korean and another nationality, navigating the complexities of maintaining or renouncing Korean nationality can be challenging. This article outlines the methods, eligibility criteria, and requirements for renouncing Korean nationality for Korean dual nationals at birth.

Steps to Renounce Korean Citizenship

Korean law on this matter changes frequently. This information is accurate as of November 2024. In many cases, it is advisable to hire an attorney to understand the choices available, to exercise on the choice, and make sure the Korean government provides confirmation of the choice.

Korea makes it difficult for males to renounce citizenship, mainly, because of the military service obligations. Korean males are subject to military conscription starting January 1 of the year they turn 18 (Korean Constitution, Article 39; Military Service Act of Korea, Article 8). Thus, if renunciation is not accepted, a Korean male cannot renounce Korean nationality until they meet military service obligations are exempted from military service, or reach 37 years of age (Korean Nationality Act, Article 12, Clause 2). Thus, it is essential to get this right and receive confirmation of the choice to renounce Korean citizenship.

Nationality Choices in Korea

Dual nationals (Korean and another nationality) have three main options when it comes to choosing a nationality:

1. Select Korean Nationality and Renounce the Foreign Nationality
   File a Nationality Selection Declaration document.
2. Retain the Foreign Nationality, but pledge not to exercise the foreign nationality in Korea
   Through this declaration, individuals can keep their foreign nationality, but are treated exclusively as Korean citizens within Korea. The national is still eligible for a Korean passport.
3. Renounce Korean Nationality
   File a Nationality Renunciation Declaration. The application takes around 12 months to process and it is advisable, in many cases, to retain an attorney to assist.

Renunciation of Korean Nationality

The process to renounce your Korean citizenship involves notification of the intent to renounce and receiving the approval of the Korean Minister of Justice. In most cases, the process must be concluded at a Korean embassy or consulate abroad.

Korean nationality is, only, lost when the renunciation application is approved by the Korean Ministry of Justice, thus, it is essential to receive confirmaton of acceptance by the Ministry of Justice – issues occur. In many cases IPG Legal files applications and applies for clients to avoid these issues and resolve potential issues with residency and like issues – we have seen issues.

Eligibility for Korean Nationality Renunciation by Dual Nationals

MALES
Males must file the renunciation application by March 31 of the year they turn 18 or after completing Korean military obligations. For example, a male born in 2008 can renounce Korean nationality if an application is filed by March 31, 2026. After this date, renunciation is only possible after fulfilling military obligations or the application of special exemptions. IPG Legal prevailed for clients in applying for these exemptions, but the exemptions are limited. In most cases, the applicant must reside abroad to file a nationality renunciation declaration (Korean Nationality Act, Article 14, Clause 1).

Applicants aged 15 or older must personally submit the application with corresponding documents noted below.

FEMALES
Females must file the renunciation application by their 22nd birthday. In most cases, the applicant must reside abroad to file a nationality renunciation declaration (Korean Nationality Act, Article 14, Clause 1).

Required Documents to Renounce Korean Citizenship

To complete the renunciation process, the following documents are required. In some cases, other documents may be requested on a case-by-case basis.

1. Nationality Renunciation Form (signed by the applicant if over 15 years old).
2. Passport photo (3.5 x 4.5 cm).
3. Acknowledgment of the potential damage of renouncing Korean nationality.
4. Proof of foreign residency (minimum 90 consecutive days or 6 months annually).
5. Proof of identity (for discrepancies between Korean and foreign documents).
6. Foreign birth certificate with a Korean translation.
7. Copy of the foreign passport (valid for at least 1 year).
8. Applicant’s Korean Basic Certificate.
9. Applicant’s Korean Family Relation Certificate.
10. Basic Certificates of both parents.
11. Parents’ Marriage Certificate.
12. Proof of foreign residency or citizenship of parents (if applicable).
13. Military service record (if male and if applicable).

For additional information or to retain an attorney, schedule a call with an IPG Legal attorney at: Schedule a Call with a Lawyer.

by Jiwon MIN (Korean Attorney-at-Law)