NATIONALITY ACT



Wholly Amended by Act No. 5431. Dec, 13,1997



Article 1. (Purpose)



The purpose of this Act is to prescribe the requirements to
become a national of the Republic of Korea.



Article 2 (Acquisition of Nationality by Birth)



(1) A person falling under one of the following subparagraphs
shall be a national of the Republic of Korea at the time of his
or her birth:



1. A person. whose father or mother is a national of the
Republic of Korea at the time of his or her birth:



2. A person whose father was a national of' the Republic of
Korea at the time of his death. where father died before his or
her birth: and



3. A person who is born in the Republic of Korea both of whose
parents are unknown or have no nationality.



(2) An abandoned child found. in the Republic of Korea shall be
recognized as born in the Republic of Korea.



Article 3 (Acquisition of Nationality by Acknowledgement)



(1) Where a person who is not a national of the Republic of
Korea (hereinafter referred to as a "foreigner") is acknowledged
by his father or mother who is a national of the Republic of'
Korea and falls under the following subparagraphs, the person
may acquire the nationality of the Republic of Korea after
reporting to the Minister of Justice:



1. The person. shall be a minor pursuant to the Civil Act of the
Republic of Korea; and



2. At the time of the person's birth, the father or mother is a
national of the Republic of Korea.



(2) A person who makes a report under paragraph (1) shall
acquire the nationality of the Republic of Korea at the time of
reporting.



(3) The reporting procedures under paragraph (I) and. other
necessary matters shall be determined by the Presidential Decree.



Article 4 (Acquisition of Nationality by Naturalization)



(1) A foreigner who has never acquired the nationality of the
Republic of Korea may acquire the nationality of the Republic of
Korea through permission of naturalization by the Minister of
Justice.



(2) The Minister of Justice shall, after determining whether
persons meet the requirements for naturalization under A..r
tides 5 through 7, issue permission of naturalization to the
person who meets the requirements.



(3) A person who is permitted naturalization under paragraph (1)
shall acquire the nationality of the Republic of Korea at the
time when te Minister of Justice issues permission.



(4) Necessary matters for application procedure and
determination. under paragraphs (1) and (2) shall be determined
by the Presidential Decree.



Article 5 (Requirements for General Naturalization)



A foreigner shall meet the following requirements in order to
acquire permission of naturalization except where prescribed. by
Articles 6 and 7:



1. A person shall. have sustained domicile in the Republic of
Korea for five or more years consecutively'



2. A person shall be of majority pursuant to the Civil Act of
the Republic of Korea:



3. A person shall be of good conduct:



4. A person shall be able to sustain livelihood with his
property, ability or family who lives together: and



5. A person shall have basic knowledge as a. national of the
Republic of Korea such as Korean language ability and
understanding about Korean custom.



Article 6 (Requirements for Siniple Naturalization)



(1) A foreigner who rails under one of the following
subparagraphs and has sustained domicile in the Republic of
Korea. for three consecutive years may obtain permission of
naturalization though he does not meet the requirements under
subparagraph 1 of Article 5:



l. A person whose father or mother was a national of the
Republic of Korea:



2. A person who was born in the Republic of Korea and whose
father or mother was born in the Republic of Korea; and



3. A person who was adopted by a national of the Republic of
Korea and was of majority at the time of adoption pursuant to
the Civil Act of the Republic of Korea.



(2) Where a foreigner whose spouse is a national of the Republic
of Korea falls under one of the following subparagraphs, he may
obtain permission of naturalization even though he does not meet
the requirements under subparagraph 1 of Article 5:



1. A person who has maintained domicile in the Republic of Korea
for not less than two years consecutively under the state of
marriage with a spouse; and



2 A person for whom three years have lapsed after marriage with
a spouse and who has sustained domicile in the Republic of Korea
for not less than one year consecutively under the state of
marriage.



Article 7 (Requirements for Special Naturalization)



(1) A foreigner who falls under one of the following
subparagraphs and presently has domicile in the Republic of
Korea may be permitted naturalization without meeting the
requirements under subparagraph 1, 2 or 4 of Article 5



1. A person whose father. or mother. is a;: natipnal of the
Republic of Korea: Provided, that a person who is adopted after
he is of majority pursuant to the Civil Act of the Republic of
Korea is excluded: and



2. A person who has rendered distinguished service to the
Republic of Korea.



(2) where the Minister of Justice permits naturalization for a
person who fails under paragraph (1) 2. he shall obtain approval
of the President.



Article 8 (Concomitant Acquisition)



(1) where a foreigner applies for permission of naturalization.
his child who is a minor pursuant to the Civil Act of the
Republic of Korea may concurrently apply for the acquisition of
nationality.



(2) A person who applies for the acquisition of nationality
under paragraph (1) shall acquire the nationality of the
Republic or Korea at the time when the Minister of Justice
issues permission of naturalization to his father or mother.



(3) Application procedures under paragraph (1) and other
necessary matters shall be determined by the Presidential.
Decree.



Article 9 (Acquisition of Nationality through Reinstatement of

Nationality)

(1) A foreigner who was a national of the Republic of Korea may
acquire the nationality of the Republic of Korea through
obtaining permission of reinstatement of nationality by the
Minister of Justice.



(2) The Minister of Justice shall not issue permission of
reinstatement of nationality to a person who falls under one of
the following subparagraphs, after scrutinizing a person who has
applied for permission to the reinstatement of nationality



1. A person who has inflicted any harm to the State and society



2. A person who is defective in conduct;



3. A person. who has lost or abandoned the nationality of the
Republic of Korea for the purpose of evading military service:
and



4. A person for whom. the Minister of Justice regards permission
for the reinstatement of nationality as inappropriate. for the
sake of national security. maintenance of security, or public
welfare.



(3) A person who has obtained permission for the reinstatement
of nationality under paragraph (1) shall acquire the nationality
of the Republic. of Korea at the time when the Minister of
Justice issues permission.



(4) Necessary matters concerning application procedures and
scrutiny under paragraphs (1) and (2) shall be determined by the
Presidential Decree,



(5) The provisions of Article 5 shall be applied mutatis
mutandis to permission for the reinstatement of nationality.



Article 10 (Renouncement Obligation of Foreign Nationality



(1) A foreigner who has acquired the nationality of the Republic
of Korea but maintains a nationality of a foreign country shall
renounce the nationality of the foreign country within six
months after the acquisition of the nationality of the Republic
of Korea.



(2) A person who does not abide by paragraph (1) shall lose the
nationality of the Republic of Korea upon the completion of the
time specified:



Provided, that the person who is under difficult conditions to
fulfill the provisions of paragraph (1) despite his willingness
and falls under the cases as determined by the Presidential
Decree shall be excluded. 



Article 11 (Re-acquisition of Nationality)



(1) when a person who has lost the nationality of the Republic
of Korea pursuant to Article 10 (2) renounces the nationality of
foreign country within one year after the loss of nationality of
the Republic of Korea, he may re-acquire the nationality of the
Re public of Korea through reporting to the Minister of Justice.



(2) A person who has reported under paragraph. (1) shall acquire
the nationality of the Republic of Korea at the time of
reporting thereof.



(3) The reporting procedures under paragraph (1) and other
necessary matters shall be determined by the Presidential Decree.



Article 12 (Selection Option of Nationality for Dual National)



(1) A person who has had the nationalities of both of the
Republic of Korea and a foreign country by birth or by dint of
the provisions of this Act (hereinafter referred to as a "dual
national") shall select one nationality before he reaches his
full twenty-two years of age and a person who becomes a dual
national after he reached his full twenty years of age shall
select one nationality within two years pursuant to Articles  13
and 14: Provided, that, with regard to the completion of
military service a person who falls under the causes determined
by the Presidential Decree shall select one nationality within
two years after the cause is nullified.



(2) A person who has not selected a nationality under paragraph
(1) shall lose the nationality of the Republic of Korea after
the lapse of' the specified time.



Article 18 (Selection Procedure of Nationality of Republic of
Korea) 



(1) A dual national who wants to select the nationality the
Republic of Korea shall renounce his foreign nationality within
the period under Article 12 (1). and shall report to the
Minister of Justice.



(2) Requisites for the acceptance of a report and reporting
procedures pursuant to paragraph (1) or other necessary matters
shall be determined by the Presidential Decree.



Article 14 (Abandonment Procedure of Nationality of Republic of
Korea)



(i) A dual national who wants to select the nationality of a
foreign country may report the willingness to abandon the
nationality of the Republic of Korea to the Minister of Justice
within the period under Article 12 (1):

Provided that, the person referred to in the proviso of the same
paragraph of the same Article may report after the> cause is
nullified.



(2) A person who has completed the report of abandonment of
nationality pursuant to paragraph (1) shall lose the nationality
of the Republic of Korea at the time of reporting.



(3) Reporting procedure under paragraph (1.) and other necessary
matters shall be determined by the Presidential Decree 



Article 15 (Loss of Nationality by Acquisition of Foreign
Nationality)



(1) A national of the Republic of Korea who has voluntarily
acquired the nationality of a foreign country shall lose the
nationality of the Republic of Korea at the time of acquisition
of the foreign nationality.



(2) A national of the Republic of Korea who falls under one of
the following subparagraphs shall lose the nationality of the
Republic of Korea retroactively at the time of acquisition of
the foreign nationality if he does not report the willingness to
keep the nationality of the Republic of Korea to the Minister of
Justice within six months after the acquisition of 

the foreign nationality:



1. A person who has acquired the nationality of a spouse through
marriage with a foreigner:



2. A person who has acquired the nationality of an adoptive
father or mother through an adoption by a foreigner.



3. A person who has acquired the nationality of a father or
mother through acknowledgement by a foreign father or mother;
and  4. A minor child or spouse of a person who shall lose the
nationality of the Republic of Korea through the acquisition of
a foreign nationality, who has acquired the foreign nationality
under laws of the foreign country.



(3) For a person who has lost the nationality of the Republic of
Korea due to the acquisition of that of a foreign country, where
its acquisition date is unknown, it shall be presumed to be the
date on which the foreign country first issues a passport to him.



Article 16 (Administration on Person in Loss of Nationality)



(1) A person who has lost the nationality of the Republic of
Korea (except persons who have reported the abandonment of
nationality under Article 14) shall report the loss of
nationality to the Minister of Justice.



(2) where a public official finds a person who has lost the
nationality of the Republic of Korea in the pursuit of his
duties., he shall notify the Minister of Justice without delay.



(3) Where the Minister of Justice finds a person who has lost
the nationality of the Republic of Korea in the pursuit of his
duties or has received the report or notification of the loss of
nationality under paragraphs (i) and (2) he shall notify the
census register office and resident registration office thereof.



(4) Reporting and notification procedures and other necessary
matters under paragraphs (1) through (3) shall be determined by
the P residential Decree.



Article 17 (Notification in Official Gazette)



(1) where the acquisition and loss of the nationality of the
Republic of Korea has occurred, the Minister of Justice shall
make public notification in an official Gazette.



(2) Matters notified in an official Gazette pursuant to
paragraph (1) shall be determined by the Presidential Decree.



Article 18 (Change of Right for Person in Loss of Nationality)



(1) A person who has lost the nationality of the Republic of
Korea shall not possess the rights afforded only to the
nationals of the Republic of Korea from the time of loss of the
nationality.



(2) where a person has acquired the transferable rights at the
time when he was a national of the Republic of Korea, from among
the rights under paragraph (1), he shall transfer them to a
national of the Republic of Korea. within three years unless
otherwise prescribed by Acts and subordinate statutes related to
the rights.



Article 19 (Reporting by Legal Agent)



With regard to application or reporting under this Act, where a
person who wants to apply or report is under the age of fifteen,
a legal agent shall act for him.



Article 20 (Adjudication of Nationality)



(1) where it is unclear whether a person acquires or holds the
nationality of the Republic of Korea, the Minister of Justice
may determine it through the screening.



(2) Screening and determination procedures, and other necessary
matters under paragraph (1) shall be determined by the
Presidential Decree, 

ADDENDUM



Article 1 (Enforcement Date)



This Act shall enter into force six months after its
promulgation. 



Article 2 (Transitional Measures on Application for Permission
of Naturalization)



With regard to a person who has applied for permission of
naturalization reinstatement of nationality, or permission of
abandonment of nationality under the previous provisions before
this Act enters into force, the previous provisions shall govern.



Article 3 (Transitional. Measures on Reinstatement or
Re-Acquisition of Nationality)



(1) The amended provisions of Article 9 shall apply to the
procedure through which a person who has lost or abandoned the
nationality of the Republic of Korea before this Act enters into
force re-acquires the nationality of the Republic of Korea.



(2) The amended provisions of Article ii shall apply to a person
who has lost the nationality of the Republic of Korea, among
those under paragraph (1) by reason that he does not renounce a
foreign nationality within six months after he acquires the
nationality of the Republic or Korea.



Article 4 (Transitional Measures on Renouncement Obligation of
Foreign Nationality for Person Who has Acquired Nationality)



The amended provisions of Article 10 shall apply to a person who
has acquired the nationality of the Republic of Korea before
this Act enters into force and for whom six months have not
passed from the date of acquisition until the enforcement date
of this Act.



Article 5 (Transitional Measures on Selection Option and
Procedure of Nationality for Dual National)



The amended provisions of Articles 12 through 14 shall also
apply to a person who has had the nationalities of both of the
Republic of Korea and a foreign country before this Act enters
into force (except those who have obtained permission for the
abandonment of nationality): Provided, that, with regard to a
person who is over twenty years of age as of the enforcement
date of this Act, the enforcement date of this Act shall be the
starting date for the selection period of nationality under
Article 12 (1).



Article 6 (Transitional Measures on Administration and Change of
Right of Person in Loss of Nationality)



The amended provisions of Articles 16 and 18 shall also apply to
a person who has lost the nationality of the Republic of Korea
before this Act enters into force.



Article 7 (Special Cases of Acquisition of Nationality for
Persons of Maternal Line by Adoption of Jus Sanguinis to Both
Lines of Parents)



(1) A person who falls under one of the following subparagraphs
among the persons who have been borne by a mother of a national
of the Republic of Korea within ten years before this Act enters
into force may acquire the nationality of the Republic of Korea
within three years after the enfrective date of this Act through
reporting to the Minister of Justice as determined by the
Presidential Decree:



l. person whose a mother is currently a national of the Republic
of Korea; and 



2. A person whose a mother was a national of the Republic of
Korea at the time of her death, where his mother died.



(2) Reporting under paragraph (1) shall be done by a legal agent.



(3) A person who failed to report within the period under
paragraph (1) due to natural disaster or other unavoidable
causes may acquire the nationality of the Republic of Korea
through reporting to the Minister of Justice within three months
after the removal of such cause.



(4) A person who has reported under paragraph (1) or (3) shall
acquire the nationality of the Republic of Korea at the time of
reporting.



Article 8 Omitted,



ENFORCEMENT DECREE OF THE NATIONALITY ACT



Wholly Amended by Presidential Decree No.15807. Jun 5.1998



Article 1 (Purpose)



The purpose of this Decree is to prescribe the matters delegated
by the Nationality Act and. necessary for their implementation 



Article 2 (Reporting Procedure for Acquisition of Nationality by
Acknowledgement)



(1) A person who intends to acquire the nationality of the
Republic of Korea as prescribed in Article 3 (1.) of the
Nationality Act (hereinafter referred to as the "Act") shall
record a nationality acquisition report determined by the
Ordinance of the Ministry of justice and submit it to the
Minister of justice. 



(2) When the Minister of Justice receives a nationality
acquisition report as referred to in paragraph (1), he shall
notify the person without delay and make notification in an
official Gazette.



Article 3 (Application for Permission of Naturalization)



A person who intends to obtain. permission of naturalization
under Article 4 (1) of the Act shall record and submit an
application for permission of naturalization prescribed by the
Ordinance of the Ministry of Justice to the Minister of Justice.



Article 4 (Screening of Application for Permission of
Naturalization)



(1) When the Minister of Justice screens the naturalization
requirements of an applicant for permission of naturalization
tinder Article 4 (2) of the Act, he may request the head of a
relevant agency to investigate the applicant's personal
background, criminal history, and current situation during the
period of stay, or seek an opinion thereof concerning other
necessary matters.



(2) The Minister of Justice shall confirm whether the person who
falls under one of subparagraphs of Article 6 (2) of the Act
among applicants for permission of naturalization maintains a
proper marriage relationship with a spouse through requesting
the submission of certificates as prescribed by the Ordinance of
the Ministry of Justice or surveying the current address. etc.



(3) The Minister of Justice shall determine whether a person is
confirmed to meet the requirements under subparagraphs 3 and 5
of Article 5 of the Act where the person satisfies the
requirements of naturalization (except the requirements under
subparagraphs 3 and 5 of Article 5 of the Act) through
investigation and survey under paragraphs (1) and (2)
(hereinafter referred to as "naturalization screening test").



(4) Naturalization screening test shall be conducted as a
written test and interview: Provided, that persons as prescribed
by the Ordinance of the Ministry of Justice may be exempt from a
written test.



(5) Necessary matters concerning conduct of naturalization
screening test such as the test format of a written test shall
be determined by the Ordinance of the Ministry of Justice.



(6) The Minister of Justice shall adjudge a person who scores 60
out of 100 points on the written test and passes the interview
to be an eligible person.



Article. 5 (Permission of Naturalization)



(1) The Minister of justice shall permit naturalization only to
the person who is adjudged as an eligible person as a result of
the naturalization screening test.



(2) where the Minister of Justice permits naturalization.., he
shall inform the person without delay and make notification in
an official Gazette.



Article 6 (Object of Special Naturalization)



"A person who has rendered distinguished services to the
Republic of Korea" in Article 7 (1) 2 of the Act means a person
who fails under one of the following subparagraphs:



1. A person, including the spouse and lineal ascendants and
descendants, who has been conferred any decoration medal.
commendation by the Government of the Republic of Korea under
relevant Acts in recognition of contributions to the
independence of the State or distinguished services to the State;



2. A person who contributes to the national interest of the
Republic of Korea in the various sectors such as national
security. society, economy, education, and culture: and



3. A person who is acknowledged by the Minister of Justice to
have made a contribution. similar to those as referred to in
subparagraphs 1 and 2.



Article 7 (Concomitant Acquisition)



(1.) A person who intends to acquire nationality tinder Article
8 (1) of the Act (hereinafter referred to as concomitant
acquisition) shall indicate the willingness for concomitant
acquisition in an application for permission of naturalization
that is submitted to the Minister of Justice

by the person's father or mother under Article 3.



(2) When the person S parents are divorced. in case of an
application under paragraph (1). the father or mother shall
certify in writing that they have parental power or right of
guardian.



(3) When the person subject to the concomitant acquisition who
meets the requirements under Article 8 (1.) of the Act applies
for concomitant acquisition under paragraphs (1) and (2), the
Minister of Justice shall inform the person of the concomitant
acquisition at the time of permitting the naturalization and.
shall make notification in an official Gazette.



Article 8 (Application for Permission for Reinstatement of
Nationality)



A person who wants to obtain permission for the reinstatement of
nationality under Article 9 (1) of the Act shall complete an
application form for reinstatement of nationality as prescribed
by the Ordinance of the Ministry of Justice and submit it to the
Minister of Justice.



Article 9 (Screening on Application for Permission for
reinstatement of Nationality)



(1) When the Minister of Justice screens the naturalization
requirements of an applicant for permission for reinstatement of
nationality under Article 9 (1) of the Act he may request the
head of a relevant agency to investigate the applicant' s
personal background, criminal history, and current situation
during the period of stay, or seek an opinion thereof concerning
other necessary matters



(2) The Minister of Justice may. where deemed necessary, request
the applicant for permission for reinstatement of nationality to
make his statement or submit supplemental materials.



Article 10 (Permission for Reinstatement of Nationality)



(1) where the Minister of Justice permits the reinstatement of
nationality to an applicant. he shall inform the person without
delay, and make notification in an official Gazette.



(2) The provisions of Article 7 shall apply mutatis mutandis to
permission for reinstatement of nationality. In this case, the
term "application for permission for naturalization" shall be
deemed to read "application for permission for reinstatement of
nationality"



Article 11 (Procedure for Renouncing Foreign Nationality)

(1) A person under Article 1.0 (1.) of the Act (except those
referred to in the proviso of paragraph (2) of the same Article)
shall complete the procedure to renounce or lose a foreign
nationality within the period designated in the same paragraph
of the same Article. as prescribed for in the foreign Acts and
systems. and submit the certificate of renouncing the
nationality or other corresponding document (hereinafter
referred to as the "certificate of renouncing nationality")
issued. by a consular or other relevant officials of the foreign
country without delay to the Minister of Justice: Provided, that
when a person who is unable to renounce the foreign nationality
under the foreign Acts and systems or has other special reasons.
he may submit a. memorandum of renouncing a foreign nationality
as prescribed by the Ordinance of the Ministry of Justice to the
Minister of Justice within the period designated in the same
paragraph of the same Article. In this case it shall be deemed
that the person renounces the foreign nationality at the time of
submitting the memorandum.



(2) The Minister of Justice shall issue a written confirmation
to the person who has submitted. a. certificate or a memorandum
of renouncing a foreign nationality under paragraph (1).



(3) Necessary matters concerning document formats and issuance

procedures for the certificate of renouncing a foreign
nationality referred to in paragraph (2) shall be prescribed by
the Ordinance of the Ministry of Justice.



Article 12 ( Request for Certification of Facts concerning
Renouncing Foreign Nationality)



(1) Where the Minister of Justice needs to confirm whether a
person under Article 10 (1) of the Act (except those who fall
under the proviso of paragraph (2) of the same Article and have
submitted a certificate or a memorandum of renouncing a foreign
nationality under Article 11 (1)) has renounced the foreign
nationality after the period designated in the same paragraph of
the same Article, he may request the person to certify the fact
of renouncement in writing.



(2) where the location of the person under paragraph (1) is
unclear or a written request is impossible for unavoidable
reasons, the method of notification in an official Gazette may
be used for the request under paragraph (1). In this case,
request is deemed to have been rendered one day after the
official Gazette is published, 



(3) Where a person has received the request under paragraphs (1)
and (2), he shall certify the fact of renouncing the foreign
nationality within one month after receiving of request via a
certificate of renouncing the nationality issued by a consular
or other relevant officials of a foreign country, and if the
above is not followed, the person shall be deemed not to have
renounced the foreign nationality.



(4) Where a person under paragraph (3) is unable to follow the
requirement within the period by reason of natural disaster or
other unavoidable causes, he may certify the fact of renouncing
a. foreign nationality within ten days after removal of such
cause.



Article 18 (Reservation on Renouncement Obligation of Foreign
Nationality)



(l) "The person who is under difficult conditions to fufill the
provisions of paragraph (1) despite his willingness and falls
under the cases as prescribed. by the Presidential Decree" in
the proviso of Article 10 (2) of the Act means the person who
falls under one of the following subparagraphs:



 1. A person who is a minor under the Civil Act of the Republic
of Korea at the time of acquiring the nationality of the
Republic of Korea:



2. A person who has started the procedure for renouncing the
nationality of the relevant country by way of reporting or
declaring the willingness to renounce the nationality to
consular or other relevant officials of the country concerned
within the designated period, and submitted certifying documents
to the Minister of Justice, even though he has not completed the
procedure for renouncing the nationality within the period under
Article 10 Ci) of the Act. due to procedures prescribed by Acts
of the foreign country concerned: and



3. A person who could not renounce the nationality of a foreign
country within the period designated in Article 10 (1) of the
Act due to special circumstances recognized by the Minister of
justice such as a domicile abroad or preparation for permanent
repatriation. and wh..o has submitted documents with a clear
explanation to the Minister of Justice within the designated
period.



(2) The Minister of Justice shall issue the letter of
confirmation of facts concerning reservations on the
renouncement of a foreign nationality to a person who falls
under paragraph (1) 2 or 3,



(3) Necessary matters concerning document formats and issuance
procedures for the letter of confirmation of facts concerning
reservations on the renouncement of a foreign nationality as
referred to in paragraph (2) shall be prescribed by the
Ordinance of the Ministry of Justice.



Article 14 (Limitation in Treatments for Person who Fails in
Certification of Renouncement of Nationality)



A person under Article 10 (1) of the Act who fails to certify
the facts of renouncing the nationality by way of a certificate
of renouncing foreign nationality or fails to certify that he
falls under one of subparagraphs in Article 13 (1), limitation
in treatments under relevant Acts for nationals of the Republic
of Korea, such as immigration, sojourn, resident registration,
and issuance of visa may be imposed.



Article 15 (Reporting Procedure for Re-acquisition of
Nationality)



(1) A person who intends to re-acquire the nationality of the
Republic of Korea under Article ii. (1.) of the Act shall
complete a nationality acquisition report as prescribed by the
Ordinance of the Ministry of Justice and submit it to the
Minister of justice.



(2) Where the Minister of Justice receives a nationality
acquisition. report under paragraph (1), he shall inform the
person and make notification in an official Gazette.



Article 16 (Definitions of Dual National)



(1) "A person who has had the nationalities of both the Republic
of Korea and a foreign country before the age of twenty, by
birth or by dint of provisions of this Act" in Article 12 (1) of
the Act shall mean one of the following subparagraphs:



1. A person who reserved the renouncement of a. foreign
nationality under the proviso of' Article 10 (2) of the Act. as
a foreigner who acquired the nationality of the Republic of
Korea before twenty years of age under Article 3,4, 8 or 9 of
the Act yr Article 7 or Addenda of Act No.5431 (the Amended
Nationality Act): and 



2. A person who reported the desire to keep the nationality of
the Republic of Korea to the Minister of Justice after he
acquired the nationality of a foreign country under Article 15
(2) of the Act, being a national of the Republic of Korea before
the age of twenty.



(2) The person who became a dual national after he reached.
twenty years of age" in Article 12 (1) of the Act means a person
who falls under one of the following subparagraphs:



1. A person who reserved the renouncement of a foreign
nationality under the proviso of Article,: 10(2). of the Act. as
a foreigner who acquired the nationality of the Republic of
Korea under Article 4 or 9 of the Act after twenty years of age;
and 



2 A person who reported the desire to keep the nationality of
the Republic of Korea to the Minister of Justice after he
acquired the nationality of a foreign country under Article 15
(2) of the Act, as a national of the..Republic of Korea at: the
age of twenty or over



(3) "A person who falls under the causes as prescribed by the
Presidential Decree" in the proviso of Article 12 (1) of the Act
means a male dual national who is entered into a family register
of the Republic of Korea, and did not complete or was not exempt
from military service after he was assigned to the first militia
service.



(4) "After the cause is nullified" in the proviso of Article 12
(1) of the Act means the time when a person falls under any of
the following subparagraphs under the Military Service Act:
Provided, that. when a person. falls under one of the following
subparagraphs before the age of twenty, it is deemed that the
cause is nullified as he reaches at the age of twenty:



1. Where the person completes or is recognized to have completed
service through an active duty, full-time reserve service or
reservist duty;



2. Where the person is exempt from military service; and



3. Where the person is assigned to the second militia service.

Article 17 (Reporting Procedure for Selection of Nationality)



(1) A dual national who wants to report the willingness to
select the nationality of the Republic of Korea under Article 13
(1) of the Act shall complete procedures to renounce or lose the
nationality of a foreign country under the foreign Acts and
systems, and shall complete the report of selection of
nationality as prescribed by the Ordinance of the Ministry of
Justice and submit it to the Minister of Justice within the
period designated in Article 12 (1) of the Act.



(2) Where a person under the proviso of Article 11 (1) renounces
the nationality of a foreign country for the report of selection
of nationality, he may submit the memorandum of renouncing a
foreign nationality instead of the certificate of renouncing the
foreign nationality. In this case, the memorandum of renouncing
a foreign nationality and the report of selection of nationality
may be submitted at the same time.



(3) When the Minister of Justice receives the report of
selection of nationality under paragraph (1), he shall inform
the person without delay and notify the head of the family
register office in a legal domicile.



Article 18 (Reporting Procedure for Abandonment of Nationality)



(1) A dual national who wants to report the willingness to
abandon the nationality of the Republic of Korea under Article
14 (1) of the Act shall complete the report of abandonment of
nationality as prescribed by the Ordinance of the Ministry of
Justice and submit it to the Minister of Justice.



(2) where the Minister of Justice receives the report of
abandonment of nationality under paragraph (1). he shall inform.
the person without delay and notify the head of the family
register office in a legal domicile,



(3) With regard to paragraph (2), where the M..inister of
Justice becomes aware. that the person who abandoned the
nationality completes resident registration, he shall inform the
head of a resident registration office.



(4) in the docirment of notification served to the head of the
family register office in a legal. domicile or the head of the
resident registration office under paragraph (2) or (3), matters
in the following subparagraphs shall be recorded. with an
attached document certifying that the nationality of the
Republic of Korea is lost.



1. Name, date of birth, gender. and legal domicile of the person
who abandoned the nationality;



2. Cause and date of loss of nationality; and



3. Foreign nationality acquired by the person. who abandoned the
nationality.



Article 19 (Reporting Procedure of Willingness to Keep
Nationality)



(1) A person who wants to report the willingness to keep the
nationality of the Republic of Korea under Article 15 (2) of the
Act shall complete the report form of keeping the nationality as
prescribed by the Ordinance of the Ministry of justice and
submit it to the Minister of Justice.



(2) When the Minister of Justice receives the report of keeping
the nationality under paragraph (1). he shall inform the person
and notify the head of family register office in a legal
domicile 



(3) Jn the document of notifi cation served to the head of the
family register office in a legal domicile under paragraph (2),
matters in the following subparagraphs shall be recorded.



1. Name date of birth, gender. and legal domicile of the
reporter who keeps the nationality: and



2. Cause and date for acquisition of a foreign nationality.



Article 20 (Reporting and Notifleation Procedure of Losing
Nationality)



(1) A person who wants to make the report of the loss of
nationality under



Article 16 (1) of the Act shall complete the report form of the
loss of nationality as prescribed in the Ordinance of the
Ministry of justice and submit it to the Minister of Justice.



(2) when the notification of loss of nationality is completed
under Article



16 (2) of the Act, the person's name, date of birth, gender, and
legal domicile shall be recorded. with an attached document that
certifies the cause and date of losing the nationality of the
Republic of Korea or a copy of' the foreign. passport he carries.



Article 21 (Administration about Person in Loss of Nationality)



(1) When the Minister of Justice finds a person who is not
removed from a family register after the loss of the nationality
under Article 16 (3) of the Act in the pursuit of his duties. or
receives the report or notification of losing the nationality
under Article 20, he shall without delay notify the head of the
family register office in a legal domicile and make notification
in an official Gazette.



(2) The provisions of Article is (a) and (4) shall apply mutatis
mutandis to paragraph (1).



Article 22 (Application and Report by Legal Agent)



Where a legal agent applies or reports on behalf of the person
concerned under Article 19 of the Act, the name and address of
the legal agent and the relationship with the person who applies
or reports shall be recorded with relevant documents which
certify the relationship attached. 



Article 23 (Application for Adjudication of Mationality)



Where a person who wants to apply for ad(judication of
nationality under Article 20 of the Act shall complete an
application form for adjudication of nationality as prescribed
by the Ordinance of the Ministry of Justice and submit it to the
Minister of Justice.



Article 24 (Screening of Adjudication of Nationality and
Adjudication Procedure)



(1) With regard to the adjudication of nationality, the Minister
of Justice may, if necessary, request the head of a relevant
agency to investigate the personal background, criminal history,
and current situation during the period. of stay, or seek an
opinion thereof concerning reference matters for adjudication.



(2) The Minister of Justice may. if necessary, request an
applicant for the adjudication of nationality to state his
opinion or submit supplemental documents.



(3) After the Minister of Justice examines the applicant's
family lines, reasons of immigration, truth in acquisition of
the nationality of the Republic of Korea, any records of loss of
the nationality of the Republic of Korea by reason that he
voluntarily acquired a foreign nationality after acquiring the
nationality of the Republic of Korea, he shall determine whether
the applicant currently holds the nationality of the Republic of
Korea.



(4) When the Minister of Justice judges that the applicant for
the adjudication of nationality holds the nationality of the
Republic of Korea, he shall notify the person without delay and
make notification in an official Gazette.



(5) The person who receives the adjudication as referred to in
paragraph (4) may enter into a family register under the Fain.
ily Register Act without passing through a procedure for
acquisition of nationality separately. 



Article 25 (Report or Application by Person who has Domicile
Abroad.)



(1) With regard to a report or application under Articles 3 (1),
9 (1), 11 (1), 13 (1), 14 (1), 15 (2), and 16 (1) of tte Act,
where a person who wants to report or apply has a domicile
abroad, he may submit a report or application form to the head
of a diplomatic establishment abroad that has jurisdiction over
the domicile.



(2) The head of a diplomatic establishment abroad who receives a
report or application form under paragraph (E) shall send it
without delay to the Minister of justice via the Minister of
Foreign Affairs and Trade.



(3) Where the Minister of justice accepts a report or receives
an application through the head of a diplomatic establishment
abroad, he shall notify the bead of the diplomatic establishment
abroad via the Minister of Foreign Affairs and Trade.



Article 26 (Items Notified in Official Gazette)



Items that are notified in an oflicial Gazette under Article 17
(2) of the Act shall include the following subparagraphs:



1. In case of accepting a report on the acquisition of
nationality by acknowledgement: the profile of the person who
acquires the nationality (including the name, date of birth,
gender, previous nationality, expected legal domicile, and name
of the head of family hereinafter the same shall apply to
subparagraphs 2 through 4);



2. In case of permitting a naturalization the profile of the
person naturalized and the date of permission for naturalization
(where a person is naturalized concomitantly, the profile of the
person of concomitant naturalization shall be included);



3. In case of permitting the reinstatement of nationality; the
profile. of the person reinstated, reason and date for loss of
nationality, and date of permission for reinstatement (where a
person. is reinstated concomitantly. the profile of the person
of concomitant reinstatement shall be included.);



4. In case of accepting a report on re-acquisition of
nationality by dint of reporting the re-acquisition of
nationality: the profile of the person who re-acquires the
nationality and the date of re-acquisition;



5. In case of accepting a report on abandonment of nationality:
the profile of the person who abandons nationality (name, date
of birth., gender, foreign nationality, legal domicile, and name
of the head of family) and date of accepting the report;



6. Tn case of administering the loss of nationality to a person
who loses nationality; the profile of the person who lost the
nationality (name, date of birth, gender. legal domicile, name
of the head of family) and reason and date for loss of
nationality (in case of acquisition of a foreign nationality,
the nationality is also included); and



7. In case of judging that an applicant for the adjudication of
nationality holds the nationality: the profile of the person
adjudicated (name, date of birth, gender, legal domicile or
expected legal domicile. and name of the head of family) and
date of the adjudication.



ADDENDA



Article 1 (Enforcement Date)



This Decree shall enter into force on June 14, 1998



Article 2 (Reporting Procedure on Special Case of Acquisition of
Nationality for Person of Maternal Line)



(1) A person who wants to acquire the nationality of the
Republic of Korea under Article 7 (1). or (3) in Addenda of the
Act shall complete a report form or acquisition of nationality
as prescribed by the Ordinance of the Ministry of Justice  and
submit it to the Minister of Justice.



(2) Where the Minister of Justice accepts the report for the
acquisition of nationality under paragraph (1) he shall notify
the person without delay and make notification in an official
Gazette, 



(3) The provisions of Article 25 (1) through (3) shall apply,
mutatis mutandis where a person with a foreign domicile makes a
report for acquisition of a nationality under paragraph (1).



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