[Republic of Korea] Implementation of expedited review system for renunciation of nationality (2024.08.19)
[Implementation of expedited review system for renunciation of nationality]
As of August 19, 2024, expedited screening for renunciation of nationality for dual citizen will be implemented for certain dual nationals applying for permission to renounce Korean nationality.
Article 14-2 of the Nationality Act (Special Provisions Regarding Renunciation of Korean Nationality)
Outline
The Ministry of Justice plans to implement the ‘Renunciation of Nationality Expedited Review System’ as follows from August 19, 2024 (Monday) for people with dual citizenship who have applied for permission to renounce nationality and who have special circumstances such as imminent disadvantage in their occupation. .
Applicable to
① If less than 1 year has passed since the decision was made to disapprove the application for relinquishment of nationality, the choice or performance of a job is restricted due to circumstances that occurred after the decision was made, and the resulting disadvantage is imminent.
② If you are serving as a civil servant in the fields of diplomacy, security, public security, etc. of a foreign government, or are on active duty as a military officer, and it is difficult to expect you to fulfill your military service obligations.
※ Dual nationalities residing with their address and living base in the Republic of Korea or people who solely hold Korean nationality cannot apply for permission to renounce nationality.
Documents to be submitted by application
People who face imminent occupational disadvantage (limited to those whose application to renounce their nationality has been rejected)
| Documents to be submitted | |||
| – Application for permission to renounce nationality (legal form) – Request for expedited review of renunciation of nationality – A document (official letter) issued in the name of the head of the institution (company) where one is expected to be employed or currently employed. – Proof of employment prospects (certificate of employment) – Organization (Company) Overview – Related regulations such as internal regulations of the institution (company), company regulations, etc. | |||
| Notice | |||
| Unless there are special circumstances, documents already submitted in the past (attached documents stipulated in each subparagraph of Article 12-2, Paragraph 2 of the Enforcement Rules of the Nationality Act) do not need to be submitted. (If submission is necessary due to special circumstances, the Ministry of Justice will notify you individually) To confirm that the applicant’s job selection or performance is significantly restricted and that disadvantages are imminent, a document (official letter) issued in the name of the head of the institution (company) where the applicant is expected to be employed or currently employed must be submitted. All of the information below must be confirmed through the document. | |||
| <Persons whose career choices are limited (before employment)> | <Persons whose job performance is restricted (after employment)> | ||
| – Overview of the organization (company) where employment is scheduled (business field, size, etc.), applicant’s position (level) and duties at the time of recruitment, etc. – The applicant has passed the eligibility screening for employment, including written examination and interview (completion of recruitment procedures other than background check). – A background check is required at the pre-employment stage to check whether the applicant has dual nationality, and the applicant must renounce Korean nationality in order to get a job at the relevant institution (company) | . Overview (business field, size, etc.), applicant’s period of employment and position (rank), work history, etc. – The applicant is scheduled for promotion or change in position. – In order to be promoted or change position within the organization (company) where the applicant is employed, relinquishment of Korean nationality is required. | ||
People who face imminent occupational disadvantage (limited to those whose application to renounce their nationality has been rejected)
| Documents to be submitted | |||
| – Application for permission to renounce nationality (legal form) – Request for expedited review of nationality withdrawal permit – Attachments stipulated in each subparagraph of Article 12-2, Paragraph 2 of the Nationality Act Enforcement Rules – Documentary certificate of employment or proof of service (equivalent confirmation for those appointed or scheduled to be appointed) | |||
| Notice | |||
| If you are serving as a public official in the foreign affairs or security field of a foreign government or are on active duty as a military officer (including those appointed or scheduled to be appointed within 6 months) |
Review procedure and processing period
| Submit application | → | Receipt | → | Review | → | Decision | → | Announcement |
| Applicant | Head of a diplomatic mission abroad | Nationality Review Committee | Minister of Justice Head | of a diplomatic mission abroad |
- Applications for permission to renounce nationality can be submitted through the applicant’s local embassy or embassy .
- If the documents submitted by the applicant are reviewed and it is determined that the applicant is eligible for expedited review, approval will be decided within 3 months from the date of submission.
- However, if unavoidable circumstances arise, such as the need for additional investigation (including lack of documentation), or if it is determined that the applicant is not eligible for expedited review as a result of the review, it will be processed according to the general review procedure.
- Detailed information can be found through Government 24 .
FAQ
Q. What are the qualifications to apply for permission to renounce nationality?
A. Eligibility to apply for permission to renounce nationality is as follows.
- A person who has continuously resided abroad after being born abroad
- A person who was born abroad and lived in the country but moved abroad when he or she was a child under 6 years old
- A person who was born in Korea but moved to a foreign country when he or she was under 6 years old
Q. What is the period during which I can apply for permission to renounce nationality?
A. Applications for permission to renounce nationality can be made until March 31 of the year the applicant turns 18.
Q. Can I apply for permission to renounce nationality after the designated application period?
A. In principle, you must apply for permission to renounce nationality within the designated application period (until March 31 of the year you turn 18). However, if there is a reason to report renouncement of nationality after March 31st after the relevant period, the reason must be stated on the application for permission to renounce nationality.
Q. What happens if I am denied Korean nationality?
A. If less than one year has passed since the decision to disallow the application for nationality renouncement was received, and circumstances that occurred after the disapproval have limited the choice or performance of a job and the resulting disadvantage is imminent, a request for expedited review of nationality renouncement can be submitted. .
Q. What happens if I am permitted to renounce my Korean nationality?
A. If you are permitted to renounce your Korean nationality, you will be treated as a foreigner when applying Korean laws and regulations, and you will not be able to enjoy the rights that only Korean citizens can enjoy.
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