Nationality Act 국적법 Gukjeokbeop | |
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National Assembly | |
Citation | Act No. 16 |
Territorial extent | Republic of Korea (includes South Korea and North Korea) |
Enacted by | Constituent National Assembly |
Enacted | 20 December 1948 |
Effective | 20 December 1948 |
Administered by | Ministry of Justice |
Amended by | |
3 December 1997 (amending the whole law) 18 September 2018 (last amended) | |
Status: Amended |
Nationality Act | |
Hangul | |
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Hanja | |
Revised Romanization | Gukjeokbeop |
McCune–Reischauer | Kukchŏkpŏp |
South Korean nationality law (Korean : 국적법) details the conditions in which an individual is a national of the Republic of Korea (ROK),commonly known as South Korea. Foreign nationals may naturalize after living in the country for at least five years and showing proficiency in the Korean language. All male citizens between the ages of 18 and 35 who are able-bodied and mentally competent are required to perform at least 18 months of compulsory military service or alternative civilian service.
Citizenship of South Korea is granted to qualifying individuals under the South Korean Nationality Act and its fifteen amendments. [2] [3] [4] Citizenship status reflects the rights,duties,and identity of individuals in relation to the South Korean state.
There are elements of the jus sanguinis principle of citizenship acquisition in South Korean nationality law,as citizenship inheritance is possible for those with a blood relationship to ethnic Koreans. [2] However,the stringency of this standard has been complicated by politics,the effects of globalization,as well as historical patterns of migration. [3] [5] Maintaining the balance between the supposed homogeneity of South Korean society and the discourse of progress has proven somewhat tenuous. [6] Despite this,the pliability of citizenship policies in recent years seems to indicate a larger trend that welcomes the addition of select foreigners.
The unique history of Korea,including its division and colonization,have impacted the context in which citizenship is interpreted. Because of this,the year that the South Korean state was established has figured prominently in determining the legitimacy of South Korean nationality,as there was no such thing until 1948. South Korean identity has been formed in reaction to violence and occupation,and the legislative approach to determining who is worthy of belonging has reflected this. [7] Those who are included and excluded from the benefits of citizenship reflect not just the relations between people living in South Korea,but also the South Korean state's relationship to outsiders more broadly.
Citizens,or members of the South Korean state,are often referred to through the discourse of kungmin. This term was inherited by Koreans from the Japanese,whose concept of kokumin is a translation of the German staatsvolk. Kokumin is characterized by philosophies of loyalty to the state and its leader as opposed to sovereignty over a state by an ethnic group (as in the German staatsvolk). [4] Because of its etymological roots,there has been a persistent tension between notions of duty and rights for kungmin. [4] [7]
Citizenship ( siminkwon ) and nationality ( kukchok ) may be referred to interchangeably in the South Korean context due to a blurriness between these concepts both in legislation and culture. [2]
The Joseon kingdom (renamed the Korean Empire in its final years) did not have codified regulations governing Korean nationality. [8] After the kingdom was annexed by the Empire of Japan,all Koreans became Japanese subjects. Colonial authorities did not explicitly extend Japanese nationality law to the Korean Peninsula,preventing Korean subjects from automatically losing Japanese nationality by naturalizing as foreign citizens elsewhere. [9]
Korea continued to lack formal regulations until 1948,when the United States Army Military Government in Korea enacted temporary measures dealing with nationality as it prepared to establish a South Korean state. [10] [8] Under these measures,a Korean national was defined as any person born to a Korean father. This tradition is based on the principle of jus sanguinis a patre. Children born to a Korean mother only inherited her nationality if the father was stateless or had unknown nationality status. Koreans who had acquired a different nationality were considered to have lost Korean nationality,but could have it restored upon renunciation of their foreign nationality or removal from the Japanese koseki . The first native law regulating nationality was passed by the Constituent National Assembly later that year and largely carried over this framework. [9]
The 1948 law placed particular significance on the nationality of male heads of household. Foreign women who married Korean men automatically acquired ROK citizenship but the reverse was not true. When foreign men naturalized as South Koreans,their wives and children were concurrently granted citizenship. Foreign women were also unable to naturalize independently of their husbands. Additionally,all naturalized citizens were prohibited from holding high political or military office. [11] These restrictions on public service were repealed in 1963 and major reforms in 1998 decoupled a woman's nationality from that of her husband. [12]
In 1997,the Republic of Korea Nationality Law Amendment extended the qualifications for Korean citizenship so that any child born to a Korean parent may acquire South Korean nationality at birth,regardless of the parent's sex. [2] This amendment sought to address the problem of gender inequality in the previous Nationality Law,a concession that the Kim Young-Sam administration planned to reach parity with international standards and bolster transnational relations. [2]
Following the allowance of non-gendered citizenship inheritance from parents,new barriers were put in place in the aim of limiting foreigners’acquisition of South Korean citizenship. Naturalization through marriage,which was once granted automatically to foreign wives of Korean men,was given stricter criteria. Through an additional amendment to the Nationality Law in 1997,applicants for naturalization on the basis of marriage to a South Korean citizen would first need to establish residency for two years. [2]
Between 1998 and 2004,there were a series of limitations put on citizenship rights and naturalization in an effort to allay public opinion regarding the many privileges of South Korean citizenship afforded to overseas Koreans and other foreigners. In 2005,Military Service Law was extended to require service by all male citizens,regardless of whether they were permanent residents in another country. [2] To be released from military obligation,Korean men were required to renounce their South Korean citizenship. However,many concessions have since been made in service of advancing the economic interests of South Korea. In 2007,legislation was introduced to allow high-skilled foreigners to obtain D-10 visas. Prior to this,foreigners were required to secure employment in South Korea to be deemed eligible for a visa.
In 2010,a new amendment offered South Korean citizenship to talented foreigners,regardless of ethnic background,without the residency requirements for those seeking naturalization through marriage. [2] Similarly,between 2011 and 2016,several amendments were made that would allow South Korean citizens to maintain multiple citizenships–a dispensation which was expressly prohibited in the years prior. [3] Despite the absence of ethnic requirements in recent nationality law amendments,opportunities for flexible citizenship tend to attract affluent and highly educated foreigners and Korean Americans. Those seeking naturalization through marriage tend to be women and ethnic minorities. [2] In this way,eligibility for South Korean citizenship remains fraught along ethnic,gender,and class lines.
Because international standards for human rights directly impact domestic politics,the political practicality of offering citizenship rights to migrants is growing steadily. Advocacy groups representing the interests of undocumented people continue to push for the protection and dignity of migrants under the state. However,this sentiment is not universal as nativism is on the rise in South Korea–this has been attributed to the erosion of citizens' rights in the name of market fundamentalism. [5]
In 2023,in light of South Korea's aging population and shrinking workforce,the Ministry of Justice announced a proposal to make it easier for children of long-term residents to become naturalized. In the previous year,14,000 foreigners gained South Korean citizenship. 58% of them had emigrated from China and 30% from Vietnam. A petition against the ministry's proposal gained hundreds of thousands of signatures,and an online hearing was overwhelmed with expletive-laced comments. An opposition party pointed to "unreasonable claims" from some Chinese people that kimchi and hanbok are "also Chinese",comparing this to "cultural fraud" and "invasion". [13]
The Constitution of South Korea entrusts the National Assembly with the responsibility of establishing laws which govern citizenship. The Nationality Act of 1948 was the first piece of legislation enacted by the National Assembly which established the boundaries for acquisition of South Korean citizenship. Since its enactment,the Nationality Act has since been amended fifteen times. [6]
In 1999,the Act on Immigration and Legal Status of Overseas Koreans officially established the relationship of overseas Koreans (chaeoe tongp’o) to the South Korean State in legal terms. This law virtually granted dual citizenship rights—to work,to stay in the country for a prolonged period,to own property—to certain groups of diasporic Koreans,such as those residing in Japan and Korean Americans. [3]
While this Act appears to indicate an openness to the inclusion of overseas Koreans generally,over fifty percent of this population was initially excluded from receiving the benefits of South Korean citizenship. This was due to criteria in the law which deemed the nationalities of many Korean Chinese and Korean Russians unverifiable. [3] The heritage and identities of those whose ancestors migrated away from Korea prior to the establishment of the South Korean state in 1948 were regarded as particularly precarious.
The provision in the original version of this law which excluded some overseas Koreans was considered controversial both in South Korea and around the world,which resulted in the Constitutional Court ordering the revision of the act in accordance with the “equality principle”of the South Korean Constitution. [3] Of course,even as problematic verbiage in the Overseas Korean Act was discarded in 2004,there remain practical issues associated with this law that continue to limit certain overseas Koreans’South Korean citizenship rights.
Individuals automatically receive South Korean nationality at birth if at least one parent is a South Korean national,whether they are born within the Republic of Korea or overseas. [14]
Foreign permanent residents over the age of 20 may naturalize as ROK citizens after residing in South Korea for more than five years and demonstrating proficiency in the Korean language. [15] The residency requirement is reduced to three years for individuals with a South Korean parent who were not already ROK citizens, [16] and two years for applicants with South Korean spouses. This is further reduced to one year for applicants who have been married to South Koreans for more than three years. [17] Minor children cannot naturalize independently,but may apply with a foreigner parent who is also naturalizing. [18] Successful naturalization applicants are typically required to renounce their previous nationalities within one year,unless they naturalized through marriage. Individuals who are granted nationality by the Ministry of Justice specifically for their exceptional occupational ability or contributions made to the country are also exempt from this requirement. Exempt individuals must alternatively make a declaration not to exercise their foreign nationality within South Korea. [19]
Naturalization was exceptionally rare until 2000;the average number of foreigners acquiring citizenship from 1948 until that point was 34 people per year. Since then,this rate has sharply increased. The cumulative number of naturalized citizens reached 100,000 in 2011 [20] and 200,000 in 2019. [21]
Before 1998,ROK nationality was transferable by descent to children of South Korean fathers (but not mothers). Individuals who can only trace their South Korean ancestry through the maternal line before this year are not ROK citizens at birth. [12] Persons born to South Korean mothers and foreign national fathers between 13 June 1978 and 13 June 1998 were able to apply for South Korean nationality without any residency requirements until 31 December 2004. [22]
South Koreans residing abroad who voluntarily acquire a foreign nationality automatically have their ROK citizenship revoked [23] and are obligated to report this change of status to the Ministry of Justice. [24] ROK nationals may also lose South Korean nationality when they obtain foreign national status indirectly or involuntarily through marriage,adoption,or legal recognition of parentage. These individuals have a six-month period to make a formal declaration of their intention to retain South Korean nationality. [25]
ROK nationality can also be relinquished by application to the Ministry of Justice. [26] Female citizens who are also foreign nationals at birth must declare their intention to retain or renounce ROK nationality before age 22. [27] Male citizens who obtained foreign nationality by birth must make this declaration before 31 March of the year they become age 18. Dual nationals who retain South Korean nationality after this point are subject to conscription orders [28] and are not permitted to renounce ROK nationality until they have completed military service. [29]
Former South Korean nationals may subsequently apply for nationality restoration,subject to the renunciation of their previous nationalities. [30] However,former nationals who reacquire ROK nationality after reaching age 65 with the intention of permanently residing in South Korea are exempt from this requirement. [31]
South Korean nationals are required to register for South Korean identity cards, [32] eligible to hold Republic of Korea passports, [33] and able to vote in all elections on the national and local level. [34] Dual citizens are prohibited from holding any office that requires them to perform official duties of state. [35] All male citizens [36] between the ages of 18 [37] and 35 [38] are required to perform at least two years of military service. [39] When travelling to foreign destinations,South Koreans may enter 192 countries and territories without a visa,as of 2022. [40]
Virtually all North Korean citizens are considered South Korean citizens by birth, [41] due to the ROK's continuing claims over areas controlled by the Democratic People's Republic of Korea (DPRK). [42] Upon reaching a South Korean diplomatic mission,North Korean defectors are subject to an investigatory review of their background and nationality. If they are found to be ROK citizens, [43] they are entitled to resettlement in South Korea and would receive financial,medical,employment,and educational support as well as other targeted welfare benefits upon arrival. [44] Male citizens from North Korea are exempt from conscription. [45]
However,the South Korean government does not acknowledge the following groups of DPRK citizens as holding ROK nationality:naturalized DPRK citizens who are not ethnically Korean,North Koreans who have voluntarily acquired a foreign nationality,and North Koreans who can only prove their lineage through maternal descent before 1998. [46] Individuals in the first two groups are denied all forms of protection while those in the last category may be resettled in South Korea on a discretionary basis. [47]
According to a 2021 study,"North Koreans have often struggled to acquire state recognition when making claims to citizenship from abroad,and acquisition of ROK citizenship remains an incremental and contingent process,one that requires a high degree of agency from North Koreans seeking resettlement." [48]
The South Korean government categorizes ROK nationals and ethnic Korean non-nationals living abroad into several groups based on their emigration status and parental domicile. The term "Overseas Koreans" encompasses both South Korean nationals with permanent residence in another country and ethnic Koreans who formerly held ROK nationality and their descendants. [49]
Within the class of South Korean nationals living abroad are "second-generation South Koreans",which are defined in legislation as ROK nationals who settled abroad at a young age or were born overseas,have lived outside of South Korea until age 18,and whose parents are also permanently residing abroad. The "second-generation" term in this context is not tied to immigrant generations and may be used to describe South Korean nationals whose families have been domiciled abroad for many generations. [50] Nationals of this class who have reported their emigration status to the Ministry of Foreign Affairs may indefinitely defer conscription orders, [51] but would be required to fulfill their service obligations upon their permanent return to South Korea. [52] [53]
Former ROK nationals and their descendants have favored status when resident in South Korea. These individuals have facilitated work authorization, [54] access to the state healthcare system, [55] and rights equivalent to citizens in property purchases [56] and financial transactions. [57]
Zainichi Koreans are ethnic Koreans living in Japan who trace their ancestry to migrants who had permanently settled there before the Second World War. When Korea was a Japanese colony,Koreans were considered to be Japanese subjects but this status was revoked by the Treaty of San Francisco in 1952. [58] After normalization of relations between Japan and South Korea in 1965,the Japanese government granted permanent residency to Zainichi ROK nationals. Korean residents who were previously politically aligned with the DPRK switched their allegiance to the ROK so that they could acquire South Korean nationality and subsequently claim Japanese permanent residence. [59] North Korea-aligned residents were later granted permanent residency in 1982. [60] Both groups were reclassified in 1991 as special permanent residents (SPR), [61] which granted the Zainichi near-total protection from deportation (except in the most severe cases of illicit activity) and expanded their employment opportunities. [62] SPR status is specific to this class of individuals with colonial-era origins;more recent South Korean immigrants to Japan cannot apply for this type of residency. [63]
DPRK-affiliated or non-aligned Zainichi do not actively claim ROK nationality and are treated by the Japanese government as if they were stateless, [64] holding a unique Chōsen-seki designation as an alternative. [65] Although they are considered to already possess ROK nationality,their refusal to exercise that status hinders their ability to travel to South Korea. Chōsen-seki may request permission to enter the ROK with certificates of travel that are issued by South Korean diplomatic missions at their discretion,but these have been increasingly difficult to obtain since 2009. [66]
Scholars have argued that citizenship is not a fixed status that can be achieved,but rather an ongoing project that changes over time. [5] [67] Because of this tension between notions of stability and fluidity,the concept of citizenship is a site of struggle. South Korea's struggles with recognizing and classifying who should qualify for citizenship reflect both the plasticity of national identities and geographical boundaries. [5] Because exclusivity and exclusion are inherently tied to notions of citizenship,this means that not only are migrants shaped by their reception in a new polity,but citizens too are shaped by determinations of belonging. [67] To this extent,citizens and non-citizens are thought to be formed through a mutually constitutive process in reaction to the policies of the state. [5]
Naturalization is the legal act or process by which a non-national of a country acquires the nationality of that country after birth. The definition of naturalization by the International Organization for Migration of the United Nations excludes citizenship that is automatically acquired or is acquired by declaration. Naturalization usually involves an application or a motion and approval by legal authorities. The rules of naturalization vary from country to country but typically include a promise to obey and uphold that country's laws and taking and subscribing to an oath of allegiance,and may specify other requirements such as a minimum legal residency and adequate knowledge of the national dominant language or culture. To counter multiple citizenship,some countries require that applicants for naturalization renounce any other citizenship that they currently hold,but whether this renunciation actually causes loss of original citizenship,as seen by the host country and by the original country,will depend on the laws of the countries involved. Arguments for increasing naturalization include reducing backlogs in naturalization applications and reshaping the electorate of the country.
The British Overseas Territories Act 2002 (c.8) is an Act of the Parliament of the United Kingdom which superseded parts of the British Nationality Act 1981. It makes legal provision for the renaming of the British Dependent Territories as British Overseas Territories,and the renaming of associated citizenship.
Canadian nationality law details the conditions by which a person is a national of Canada. The primary law governing these regulations is the Citizenship Act,which came into force on February 15,1977 and is applicable to all provinces and territories of Canada.
United States nationality law details the conditions in which a person holds United States nationality. In the United States,nationality is typically obtained through provisions in the U.S. Constitution,various laws,and international agreements. Citizenship is established as a right under the Constitution,not as a privilege,for those born in the United States under its jurisdiction and those who have been "naturalized". While the words citizen and national are sometimes used interchangeably,national is a broader legal term,such that a person can be a national but not a citizen,while citizen is reserved to nationals who have the status of citizenship.
The Immigration and Nationality Act of 1952,also known as the McCarran–Walter Act,codified under Title 8 of the United States Code,governs immigration to and citizenship in the United States. It came into effect on June 27,1952. The legislation consolidated various immigration laws into a single text. Officially titled the Immigration and Nationality Act,it is often referred to as the 1952 law to distinguish it from the 1965 legislation. This law increased the quota for Europeans outside Northern and Western Europe,gave the Department of State authority to reject entries affecting native wages,eliminated 1880s bans on contract labor,set a minimum quota of one hundred visas per country,and promoted family reunification by exempting citizens' children and spouses from numerical caps.
Nationality law is the law of a sovereign state,and of each of its jurisdictions,that defines the legal manner in which a national identity is acquired and how it may be lost. In international law,the legal means to acquire nationality and formal membership in a nation are separated from the relationship between a national and the nation,known as citizenship. Some nations domestically use the terms interchangeably,though by the 20th century,nationality had commonly come to mean the status of belonging to a particular nation with no regard to the type of governance which established a relationship between the nation and its people. In law,nationality describes the relationship of a national to the state under international law and citizenship describes the relationship of a citizen within the state under domestic statutes. Different regulatory agencies monitor legal compliance for nationality and citizenship. A person in a country of which he or she is not a national is generally regarded by that country as a foreigner or alien. A person who has no recognised nationality to any jurisdiction is regarded as stateless.
This article concerns the history of British nationality law.
Malaysian nationality law details the conditions by which a person is a citizen of Malaysia. The primary law governing nationality requirements is the Constitution of Malaysia,which came into force on 27 August 1957.
The history of Canadian nationality law dates back over three centuries,and has evolved considerably over that time.
Chinese nationality law details the conditions by which a person holds nationality of the People's Republic of China (PRC). The primary law governing these requirements is the Nationality Law of the People's Republic of China,which came into force on September 10,1980.
Japanese Nationality Law details the conditions by which a person holds nationality of Japan. The primary law governing nationality regulations is the 1950 Nationality Act.
Philippine nationality law details the conditions by which a person is a national of the Philippines. The two primary pieces of legislation governing these requirements are the 1987 Constitution of the Philippines and the 1939 Revised Naturalization Law.
Taiwanese nationality law details the conditions in which a person is a national of the Republic of China,commonly known as Taiwan. The Nationality Act is based on the principle of jus sanguinis,children born to at least one Taiwanese parent are automatically nationals at birth. Foreign nationals with residency in Taiwan may naturalize after continuously living in the country for at least five (5) years. Certain foreign immediate family members of Taiwanese nationals may naturalize after continuously living in the country for at least three (3) years.
Bhutanese nationality law is the law governing the acquisition,transmission and loss of Bhutanese citizenship. The Bhutanese Citizenship Act of 1985 was introduced by the Druk Gyalpo Jigme Singye Wangchuck,on June 10,1985,modifying the definition of a Bhutanese citizen. The Act was implemented as part of a new national policy of Driglam Namzha,national customs and etiquette. Because of its emphasis on Bhutanese culture,the Act is also referred to as the "One Nation,One People Act." The 1985 Act was amended by the Immigration Act of 2007 and then superseded in 2008 by the Constitution of Bhutan insofar as previous laws are inconsistent;where not inconsistent,the provisions of the 2007 Act,the 1985 Act,and previous Acts relating to immigration continue in effect.
Lebanese nationality law governs the acquisition,transmission and loss of Lebanese citizenship. Lebanese citizenship is the status of being a citizen of Lebanon and it can be obtained by birth or naturalization. Lebanese nationality is transmitted paternally. Therefore,a Lebanese man who holds Lebanese citizenship can automatically confer citizenship to his children and foreign wife. Under the current law,descendants of Lebanese emigrants can only receive citizenship from their father and women cannot pass on citizenship to their children or foreign spouses.
The Bhutanese Citizenship Act of 1958,officially the Nationality Law of Bhutan,1958,is a decree by the Druk Gyalpo King Jigme Dorji Wangchuck,recognizing the definition of a Bhutanese citizen. The Act was amended in 1977 and then superseded by the Citizenship Act of 1985.
Multiple citizenship is a person's legal status in which a person is at the same time recognized by more than one country under its nationality and citizenship law as a national or citizen of that country. There is no international convention that determines the nationality or citizenship status of a person,which is consequently determined exclusively under national laws,that often conflict with each other,thus allowing for multiple citizenship situations to arise.
A national without household registration (NWOHR) is a person with Republic of China nationality who does not have household registration in Taiwan. Nationals with this status may be subject to immigration controls when entering the Taiwan Area,do not have automatic residence rights there,cannot vote in Taiwanese elections,and are exempt from conscription. Most individuals with this status are children born overseas to Taiwanese citizens. About 60,000 NWOHRs currently hold Taiwanese passports with this status.
The Nationality Act of 1940 revised numerous provisions of law relating to American citizenship and naturalization. It was enacted by the 76th Congress of the United States and signed into law on October 14,1940,a year after World War II had begun in Europe,but before the U.S. entered the war.
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