■ The Concept of Multiple Nationalities and Background of Allowing Them

The term "dual citizenship" refers to an individual who simultaneously holds two or more nationalities or citizenships, which can be divided into innate dual citizenship by birth and acquired dual citizenship by naturalization, among others.
Innate dual citizenship refers to the status of being born with dual citizenship. For example, if a Korean national who adheres to bloodline nationalism, studies or immigrates to the United States or Canada, which adopt territorial nationalism, and gives birth to a child there, the child automatically acquires Korean nationality and US citizenship at birth, becoming an innate dual citizen. Similarly, multicultural household children born to Korean and foreign nationals through international marriages become innate dual citizens based on the principle of bloodline nationalism. Innate dual citizens must choose their citizenship within a specific period. The types of citizenship selection include renouncing foreign citizenship, making a pledge of allegiance to relinquish foreign citizenship, selecting Korean citizenship, or abandoning Korean citizenship and choosing foreign citizenship.
Acquired dual citizenship includes individuals who have received special naturalization permits as outstanding foreign talents who have made special contributions to the national interest in Korea, or those who have received simplified naturalization permits as marriage immigrants who maintain marital relationships with Korean spouses. It also includes elderly compatriots who have lived abroad for a long time and returned to Korea to regain Korean citizenship after the age of 65, as well as overseas adoptees who were adopted abroad before reaching adulthood and regained Korean citizenship. They can maintain their Korean citizenship by making a pledge to relinquish foreign citizenship while residing in Korea, rather than renouncing foreign citizenship.


In October 2007, the Ministry of Justice attempted to promote public discussion regarding the acceptance of dual citizenship by limiting it to those who have fulfilled their military service obligations and to global elite professionals in preparation for a low birthrate and aging society and to strengthen national competitiveness. The proposed legislative amendment in November 2009, which was published for public notice, had the following key points Seok Donghyeon, Nationality Law, Beommunsa, 2011, pp. 76-80.
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Firstly, the term "dual citizenship" was replaced with the term "multiple citizenship," and for those who are born with multiple citizenship, they can maintain their multiple citizenship by signing a "pledge not to exercise foreign citizenship" within a designated time period for nationality selection within South Korea instead of renouncing their foreign citizenship.
Secondly, foreign nationals who have acquired Korean citizenship are required to renounce their foreign citizenship within one year from the date of acquiring Korean citizenship. Otherwise, their Korean citizenship will be revoked after one year. However, foreign nationals who have acquired Korean citizenship and fall under the category of outstanding overseas talent, foreign spouses of Korean nationals, adopted foreigners, and elderly compatriots who return to Korea after residing overseas are allowed to maintain their multiple citizenships by signing a pledge not to exercise foreign citizenship.
Third, if a person with multiple citizenship violates the pledge to renounce foreign nationality, the Minister of Justice may demand that they renounce their foreign nationality through a nationality selection order, and if they refuse to comply, the nationality selection order system is introduced, which results in the loss of Korean nationality.
Fourth, to reduce the side effects of allowing multiple citizenships, those who fail to fulfill their military service obligations are restricted from leaving their Korean nationality too easily. In other words, Korean nationality is limited to those who have a base for living in Korea, and only those who have an address abroad can declare their renunciation of Korean nationality through the overseas embassy. However, after the revised Nationality Act was announced, problems such as a rapid increase in childbirth abroad were pointed out, and as a result, congenital multiple citizenship holders who give birth abroad and naturalized citizens whose marriage with a Korean national has been terminated were excluded from the eligible multiple citizenship holders.


Foreigners not only face restrictions on employment and political activities, but they must also reside within the range of their given residency status and period. Moreover, if they plan to stay for more than 91 days, they must register as foreigners and obtain a permit for extension of stay, which can be inconvenient. Despite this, why have many dual citizens chosen to register as foreigners while living in Korea with a basis for residence without registering as residents? One possible reason is to take advantage of special admission to foreigner schools and to evade military service obligations. To address these issues, the new Nationality Act clearly stipulates that dual citizens will be treated only as Korean nationals under Korean laws, which means they will not be recognized as foreigners in principle. Therefore, dual citizens must use their Korean passport when entering and leaving Korea and must register as residents under the Resident Registration Act, rather than registering as foreigners under the Immigration Control Act, while residing in Korea.


Until the revision of the "Nationality Act" in 2010, South Korea allowed dual citizenship for individuals with "innate" dual nationality up to a certain period. Under the old "Nationality Act", individuals who obtained dual citizenship before turning 20 had to choose Korean nationality before turning 22, and those who became dual citizens after turning 20 had to choose Korean nationality within two years or else automatically lose Korean nationality and live as a foreigner. However, the new "Nationality Act" allows individuals to continue dual citizenship by declaring their intention to choose Korean nationality before turning 22 and submitting a "foreign nationality non-exercise pledge" instead of a "foreign nationality renunciation certificate" when making the declaration.
However, in the case of males with multiple nationalities, those who have served in the military even after the age of 22 (excluding those who have been exempted from military service and second citizen service) must submit a 'written oath of non-death of foreign nationality' within 2 years from the date of completion of military service to obtain dual nationality. In this case, even if the ‘person who gave birth away’ Expeditionary birth refers to a child born while a Korean mother stayed for the purpose of allowing her child to acquire a foreign nationality without the purpose of permanently residing in a foreign country.
fulfills his military service obligation, it cannot be done in the form of an oath of non-death of foreign nationality, and he can choose Korean nationality only when he renounces his foreign nationality, so multiple nationalities are not allowed.

■ Main Contents of the New “Nationality Act” Related to Multiple Nationalities
The new "Nationality Law" related to dual citizenship, which has been in effect since January 1, 2011, includes the following main contents. Firstly, the previous "Nationality Law" classified anyone with two or more nationalities as a "dual citizen," and used the term "dual citizen" even for those who hold three or more nationalities. However, the term "dual citizen" carries negative connotations related to dual loyalty, so the new "Nationality Law" has changed the term to "multiple citizen" in order to mitigate these negative associations.
Secondly, the previous "Nationality Law" required multiple citizens to renounce their foreign citizenship within the nationality selection period if they wished to choose Korean nationality. However, it was difficult for people to complete the foreign citizenship renunciation process and obtain the necessary documentation before the age of 22, so the new "Nationality Law" allows multiple citizens who acquired their status before the age of 20 to submit a pledge that they will not exercise their foreign citizenship within Korea instead of renouncing their foreign citizenship, and those who acquired their status after the age of 20 to renounce their foreign citizenship within two years from the acquisition date.
Thirdly, the previous "Nationality Law" allowed Korean citizens to renounce their Korean citizenship within Korea. However, the new "Nationality Law" stipulates that Korean citizens who reside abroad and have a foreign address can only renounce their Korean citizenship through an overseas embassy. Therefore, if someone temporarily leaves Korea to renounce their Korean citizenship and re-enters Korea, their renunciation will not be recognized.
Fourth, for men with dual nationality who are overseas birth mothers, the military obligation must be resolved before they can declare their departure from Korean nationality. Men who have dual nationality but are not overseas birth mothers can declare their departure from Korean nationality until March 31 of the year they turn 18, regardless of whether they have fulfilled their military obligation or not.
Fifth, the new Nationality Act stipulates that if a Korean national voluntarily acquires foreign nationality, they will lose their Korean nationality at the time of acquiring that foreign nationality. Therefore, even if they do not declare their loss of Korean nationality and remain in the family relationship registration (previously known as the family register), they are not considered dual nationals.
It is worth noting that some overseas Koreans may mistakenly think that they are dual nationals even if they have acquired the nationality of another country but still have a Korean passport and are listed in the family relationship registration. For example, a child born to a Korean father and mother in Japan who have Korean nationality acquires Korean nationality at birth, so not declaring their birth does not result in the loss of Korean nationality. On the other hand, when a person voluntarily acquires foreign nationality, they lose their Korean nationality at that time, so even if they are registered as Korean nationals in the family relationship registration, it is only a procedural matter, and their loss of Korean nationality has not been officially documented.
Sixth, dual nationals must use their Korean passport instead of their foreign passport when entering and leaving Incheon International Airport and register their residency using their resident registration instead of foreigner registration while in Korea. The reason for this is to prevent dual nationals from being recognized as foreigners within Korea and to treat them only as Korean nationals, thereby minimizing the side effects of allowing dual nationality.



The United States adheres to the principle of jus soli (birthright citizenship), which automatically grants U.S. citizenship to children born on U.S. territory, regardless of whether their parents are foreigners. According to the 14th Amendment to the U.S. Constitution, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
Meanwhile, "birth tourism" refers to the practice of traveling to a foreign country to give birth in order to obtain foreign citizenship for one's child, while not residing in that country. People wonder why they would spend so much money on birth tourism to obtain U.S. citizenship. The reasons include better educational opportunities for the child, exemption from military service for male children, and the ability to bring their parents to the U.S. as immigrant relatives when the child turns 21.
Before the Nationality Act was amended in 2005, South Korea did not require men who acquired dual citizenship through birth tourism to give up their Korean citizenship if they did so before turning 18. However, to prevent the negative effects of dual citizenship resulting from birth tourism, the Nationality Act was amended in 2005, making it impossible for male children born to parents studying or giving birth abroad, except for those who were born abroad for the purpose of permanent residence, to relinquish (depart from) Korean citizenship without fulfilling their military duty or obtaining exemption.
However, a male who is a direct descendant and who immigrated to another country for the purpose of permanent residence at the time of birth may relinquish Korean citizenship before March 31 of the year in which he turns 18, and in case it is after April 1, the year he turns 18, he may relinquish Korean citizenship within two years after fulfilling or being exempt from his military duty.
According to the "Enforcement Decree of the Nationality Act" (Article 17), a "birth tourist" refers to someone who is recognized as having been residing in a foreign country with the purpose of allowing their child to acquire foreign citizenship at the time of birth. In other words, it refers to a child born abroad when the mother left Korea with the aim of obtaining foreign citizenship for the child during pregnancy. However, if the father or mother continued to reside in a foreign country for two years or more before and after the child's birth, or if the father or mother obtained permanent residency or citizenship in a foreign country before and after the child's birth, they are not considered "birth tourists".