SOUTH KOREA CITIZENSHIP: Korean citizenship is governed by the Nationality Act of December 13, 1997, later amended. - BY BIRTH: Birth within the territory of the Republic of Korea does not automatically confer citizenship.
- A person who is born in the Republic of Korea of unknown parents.
- An abandoned child found in the Republic of Korea is recognized as born in Korea.
- BY DESCENT:
- A person whose father or mother is a national of the Republic of Korea at the time of the child’s birth.
- Child whose father is a Korean national is automatically considered a Korean citizen regardless of the child’s place of birth, even if the father died before the child was born.
- BY NATURALIZATION: Naturalization falls into two basic categories: Acknowledgment and General Naturalization.
- ACKNOWLEDGEMENT: Laws concerning Acknowledgement are generally invoked when there is some form of blood tie or marital bond involving a citizen of the Republic of Korea. Requirements for citizenship through Acknowledgment vary if the petitioner is a minor or a foreign wife.
- All petitioners, including minors and foreign wives, must possess no foreign citizenship or must renounce the foreign nationality within 6 months. They also must have resided within the Republic of Korea for at least three years.
- If the person is a minor (according to the laws of the former home country), their mother or father who is a Korean national must acknowledge them. Acknowledgement by the parent of the child is a prerequisite to naturalization. It is also required that the Korean parent make a simultaneous acknowledgement of their own Korean nationality.
- A foreigner whose spouse is a national of the Republic of Korea may obtain permission for naturalization if they have been married for 3 years and domiciled in Korea for at least one consecutive year.
- GENERAL: Specific conditions apply when there is no blood or marital tie. Under this circumstance, Korean citizenship will be granted upon the fulfillment of these conditions:
- Person has resided in the Republic of Korea for five years or more.
- Person shall be of majority pursuant to the Civil Act of the Republic of Korea.
- Person shall be of good conduct.
- Person must have the ability to provide an independent livelihood.
- Person must have a basic knowledge of the Korean language and understand Korean customs.
- Person must obtain permission of the Minister of Justice.
DUAL CITIZENSHIP: NOT RECOGNIZED.A person who has had the nationalities of both the Republic of Korea and a foreign country by birthshall select one nationality before their 22nd birthday.
LOSS OF CITIZENSHIP: VOLUNTARY: To renounce citizenship, contact the consular office. A processing fee is required. The embassy will process the forms through Korea. INVOLUNTARY: The following are grounds for involuntary loss of Korean citizenship: - Person acquires the citizenship of a foreign spouse or adoptive parent, or any other voluntary acquisition of foreign citizenship.
- Person has obtained an annulment or divorce and their Korean citizenship was acquired through marriage.
- Person, after six months of Korean citizenship, has still not renounced previous citizenship.
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