The Korean government requires that all Korean male citizens serve a military duty when they are between the ages of eighteen and thirty-five. However, there are exceptions for certain cases, one of which involves Korean male adoptees.

Men who were born in the Republic of Korea but adopted by parents of United States citizenship are not subject to military duty in the Republic of Korea, only if they were naturalized before the age of eighteen. However, in order to prevent the Korean Military Manpower Agency from mistakenly imposing conscription, these individuals must register the loss of their Korean nationality in their own family register through Korean Consulate General.

If an individual was not naturalized before the age of eighteen, he must apply to postpone his military duty.

For further information on the postponement process and the registration of the loss of Korean nationality, please check the website of the Korean Consulate General in each area according by its jurisdiction.

Link : http://dynamic-korea.com/consulate_service/information2.php

- Those who reside in the US with parents with US citizenships
- Those who have resided in the US with parents since the age of 17
- Those who have resided in the US for 10 consecutive years (parents should not reside in the Republic of Korea)

For the purpose of proving the intention of permanent residency, all dual citizens subject to the military duty must submit documents, such as a copy of their parents' permanent residency cards (Green cards), proof of their parents' US citizenships, or the proof of their parents' application for permanent residency or US citizenship, when they apply for the renouncement of dual citizenship.

For further information on the registration process of the loss of Korean nationality, please check the website of the Korean Consulate General in each area according by its jurisdiction.

Link : http://dynamic-korea.com/consulate_service/information2.php

Information Regarding Imposition of Military Service for Persons whose Military Service was Previously Postponed or Exempted for the Reason of Emigration

1. We hereby inform that even if a person whose military service obligation has been postponed or exempted for the reason of emigration such as overseas birth, acquisition of citizenship, etc., if the person falls under any of the following categories below, such postponement or exemption shall be cancelled and military service shall be imposed on the person along with a travel ban, and accordingly, permit for overseas travel shall be restricted in the future (See next page ¢Ñ).

A. If a report of permanent return from abroad has been filed in accordance with the provisions of the Emigration Act;

B. If a person who was born abroad, resides in the Republic of Korea upon filing his resident registration;

C. If a person stays in the Republic of Korea for a total of six (6) months or more within a period of one (1) year; (Period of stay in the Republic of Korea shall be calculated by counting the days backwards from the date of calculation) ¢Ñ See next page

D. If a person who studies at a domestic academic institute, stays in the Republic of Korea for a total of six (6) months or more within a period of one (1) year after graduating from the respective school (including completion, temporary absence from school, withdrawal, expulsion, etc.), or his father, mother, or spouse stays in the Republic of Korea for a total of six (6) months or more within a period of one (1) year; (¢Ñ Calculation of the period of stay is the same as that set forth in Provision C above).

E. If a person engages in moneymaking activities that fall under any of the following, such as employment in the Republic of Korea, etc.:

1) A person who receives wages, such as salary, compensation, remuneration, annual allowance, and other payments pursuant to a continuous employment relationship;

2) A person who operates certain businesses such as farming, industry, trade, fishery, etc.;

3) Entertainer, artist, athlete, etc. who earns income through activities such as performance, broadcasting, films, CFs, etc., and stays in the Republic of Korea for a total of sixty (60) days or more in a year; or

4) A person who has a yearly income of KRW 10 million or more in return for provision of other personnel service and stays in the Republic of Korea for a total of sixty (60) days or more in a year.

2. In the case of staying in the Republic of Korea within a period of sixty (60) days for the following grounds, such period shall not be added up in calculating the period of total stay in the Republic of Korea. Therefore, please submit the following documents of evidence to the applicable regional military manpower office or airport military administration office.

A. Marriage of the person himself, delivery of spouse, attending a funeral, or 60th birthday banquet or marriage of brothers or sisters, lineal ascendants, linear descendants: Document that can prove such fact (e.g., copy of census register or certified copy of resident registration).

B. Attending as an athlete or office of an athletic sports competition supervised by a sports organization under the Republic of Korea Sports Council: Confirmation by the chief of the sports organization under the Republic of Korea Sports Council.

3. For any further inquiries, please contact Military Manpower Administration Call-Center in the Republic of Korea
(¢Ï 1588-9090).

1. Person who evaded military service or had escaped from service;

2. Person who departed from the Republic of Korea without obtaining a permit for overseas travel, or failed to return to the Republic of Korea within the permitted period;

3. Person who failed to obtain a permit while staying abroad until the year during which the person turned eighteen (18) years old, upon departing from the Republic of Korea before he was seventeen (17) years old; or

4. Person whose obligation of military service has been postponed or exempted for the reason or emigration such as overseas birth, acquisition of denizenship, etc., and a disposition of permit for overseas travel or postponement of military service (exemption) has been cancelled because the respective person has stayed in the Republic of Korea for a total of six (6) months or more within a period of one (1) year, or engaged in moneymaking activities, such as employment in the Republic of Korea, etc. (In such case, if a report of permanent return from abroad has been filed in accordance with the provisions of the Emigration Act, the permit shall not be restricted.)

The Korean National Police Agency issues criminal background checks for foreign nationals who have previously lived in Republic of Korea and have requested through the following procedure.

Required Documents:

2 Copies of Application for Criminal Background, 2 Recent Photographs (Size: 3 x 4 cm), a Valid Passport, Driver's License

How to Apply:

1. Obtain two copies of Application for Criminal Background Check from a Korean consulate. The information on the application must be legible; please type or print.

2. Present the required documents at a Korean consulate. You must attain an official approval/stamp that the individual requesting the background check was present in person and that your purpose for the request is valid.

3. Send your application to the Korean National Police Agency via mail, door to door delivery service, or in person.

4. After your application is received by the National Police Agency, your criminal background check will be completed within one week. The individual requesting the background check may pick up the document in person at the National Police Agency. If not, it will be mailed to you, provided that you have attached an envelope (with correct return address) and 5 coupons-response international (CN01) with your application. If you would prefer a door to door delivery service, please contact Korean National Police Agency after wiring the correct fee to an appropriate postal service office.

The contact information for National Police Agency is the following:

Korean National Police Agency
Foreign Affairs Division
209 Migeun-Dong, Seodaemoon-Gu
Seoul, The Republic of Korea (120-704)
(Re: Criminal Background Check)
Tel: (02) 393-8744

¡Ø All materials received by the Police Department cannot be returned. We recommend that you keep a photocopy of the completed application for your purposes.

Principle of Choosing a Nationality

• According to International Law, each country has the right to determine the principles of achieving and losing its citizen's nationality, and the country determines the range of its citizens' nationality based on their historical, cultural, and other special background.



• The most well-known factor for determining nationality is the birth place. However, there are two different principles on which different countries depend: one depends on right of blood(jus sanguinis) and the other depends on the right of birthplace(jus soli). The Republic of Korea, Germany, France, and other countries take the principle of the right of blood, which means an individual's nationality depends on his/her parents' nationality. The United States of America, United Kingdom, and some other countries follow the principle of the right of birthplace for determining an individual's nationality.



• The Republic of Korea takes the principle of family blood in a patriarchic way, and there are two supplementary rules that follow as well. If a baby's father or mother holds Korean nationality at the time of birth, the baby can undoubtedly attain Korean nationality through family blood. Furthermore, if a baby was born in the Republic of Korea but the parents are unknown, then the baby can achieve Korean nationality.

Losing a Nationality and Reporting

• There are cases of South Korean citizens who automatically lose their citizenship from achieving other nationalities. According to the principle of only allowing one nationality, individuals are prevented from obtaining dual citizenship.



• According to the Korean Law in regards to nationality, these are the cases of losing Korean Nationality

• When one obtains another nationality through marrying a foreigner
• When one obtains another nationality through international adoption
• When one obtained Korean nationality through marrying a Korean citizen, but later achieved another nationality through divorce or cancellation of the marriage
• When one intentionally achieves other nationality on his/her own
• When one achieves another nationality from a foreigners' invitation and the person is under 20 years old.
However, foreigners who achieved Korean nationality through marriage or adaptation do not always lose their nationality.
• One with dual citizenship who have been approved to process renunciation of Korean Nationality.
• When a foreigner who achieved Korean Nationality, but did not give up his/her home country nationality within 6 months of attaining Korean nationality, these individuals need to come to the Korean Ministry of Justice, Immigration Office, or Korean Embassy to report renouncing Korean nationality right away.

• Required documents to report renouncing Korean nationality

• 2 copies of Losing Nationality Application
• The original and the translation of the Certificate of U.S. Naturalization, 2 copies for each.
• 2 copies of Korean Family Census Register
• A self-addressed return envelope including 2 stamps
• His family or relatives can also report losing the Korean nationality if the applicant cannot present in time.

• If there is a report of renouncing Korean nationality, the individual's name will be erased from the family census registration after it is verified by the Ministry of Justice. The family census registration is a record of status changes of Korean citizens, and therefore, if any citizen loses his/her nationality, his/her name will be removed from the list. The individual who renounced his/her Korean nationality needs to give back certain rights that foreigners cannot practice to other Korean citizens within 1 year, and if he does not proceed above legal required, he will lose all his rights in the Republic of Korea (Article 16 in Korean Nationality Law).



• Certain rights which foreigners do not have the Republic of Korea are the right to work for the mining industry (Article 6), the right to work in wire broadcasting (Article 4), the right to build wireless broadcasting (Article 5), etc. There are also laws about foreigners attaining lands in the Republic of Korea, and in this case, the foreigner needs to get permission from the minister of Korean Ministry of Construction and Transportation. Therefore, if one Korean citizen who held the right to keep a certain amount of land in the Republic of Korea has lost his/her nationality, the person needs to apply for permission from the Ministry of Construction and Transportation within 3 months of renouncing his/her citizenship. If the person does not get permission from the Minister, he/she needs to give his right to other Korean citizens within 3 years. If the person does not follow legal procedures and still has the ownership of the land, the land will be taken by the government administration and the Ministry of Justice will place the land on public auction. Consequently, the person can also be punished by the Korean National Law.

Definition of Dual Citizenship

• Although the Republic of Korea has a principle of one nationality only, there are some exceptions of having dual citizenship. The most common example is when a couple with South Korean nationality bears a child in the U.S. and they follow the principle of birthplace. A person with dual citizenship must give up one nationality according to our law, and before the individual gives up one nationality, his/her decision needs to be approved by the Minister of the Korean Ministry of Justice. If the person wants to give up Korean nationality, then he/she needs to provide his/her processing documents to the Korean Ministry of Justice or Korean Embassy, Consulate office. Subsequently, the Ministry of Justice will send out the approval letter and the individual's name will be removed from the Korean citizen list.



• The following lists the documents required to proceed in the renunciation of Korean Nationality:

• Nationality Renunciation Approval Application
• The original and the translation of the Certificate of U.S. Naturalization, 2 copies for each.
• 2 copies of the Korean Family Census Register
• 2 Identification Photos
• Processing Fee: $7
• 1 Envelope for returning (Please write your address on receivers side, and attach 2 stamps, total 74 cents value)
• Permanent Resident Card of either parent, Certificate of U.S. Naturalization of either parent, or any proof verifying the process of acquiring the status of permanent residency in the U.S.
• If a male applicant is older than 17 years old and needs to fulfill his duty of national security in the Republic of Korea, he must bring the certificate of completion of his military service duty or proof of the exemption.

• Renunciation of Korean Nationality only applies to those individuals who achieved Korean Nationality from their parents' Korean nationality, but mere born in another country so that he/she also achieved another nationality by the principle of birthplace.

Restoration of Nationality

• If an individual wants to restore his/her nationality, the person needs to apply for the restoration of nationality and attain permission from the Minister of Justice. Then, the person with permission will be written on the Official Gazette of the country. With the Minister of Justice's permission, the individual will be added to the official Gazette of the country.



• Restoration Application of a Nationality will only be processed under these conditions:

• If the person is married and his/her spouse has a different nationality from the nationality the person is applying for, both of them must apply for the restoration of a nationality together.
• He/she must have a residential address in the Republic of Korea (if they are applying in the Republic of Korea).
• If the person does not have any family or guardian in the Republic of Korea, he/she must be able to financially support oneself.

• Supplementary documents for Restoration of Nationality Application:

• Restoration of Nationality Permission Application (download form)
• The original and the translation of the Certificate of U.S. Naturalization, 2 copies for each.
• 2 copies of the Korean Family Census Register
• If the applicant does not have a residential address in the Republic of Korea, please explain why. (Only if the person is applying outside of the Republic of Korea).
• If the applicant has a spouse and children under the age of 18, please bring the documentation which verifies the relationship of family.
• 2 Identification Photos
• Documentation which verifies that the applicant is able to live independently (including financially supporting oneself)
• If the applicant's spouse is Korean, please bring the Certificate of Resident Registration in the Republic of Korea or an official copy of the Green Card of the spouse.

Definition of Nationality and Family Census Registration

• Giving up one person's nationality does not mean that his/her relationship with his/her mother country or own family has ended as well. However, if the person regains his/her nationality later, he/she will also gain his status back as he/she had before. If the person tries to regain his/her nationality when his/her name was not yet removed from the family census registration, there can be some delay in regaining his/her status of original nationality. Therefore, there is no reason to avoid or delay the reporting process of giving up his/her nationality and the following processes.