[Legal Tips from Korean Lawyers] Can a Korean National hold dual citizenship?

 A person born to Korean parents automatically acquires Korean nationality. Unlike countries like the United States, which follow the principle of jus soli (right of the soil), Korea follows the principle of jus sanguinis (right of blood), meaning that if at least one parent is a Korean citizen, their child acquires Korean nationality. Additionally, according to the Nationality Act, if a Korean citizen acquires foreign nationality, they automatically lose their Korean nationality.

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So, is it possible for a Korean national to hold dual citizenship?

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While the Nationality Act primarily adheres to the principle of single nationality, it does allow for dual citizenship in certain limited circumstances:

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1. Acquisition of dual citizenship by birth:

If one parent is a Korean national and the other is a foreign national, the child can acquire both nationalities at birth.

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2. Allowing dual citizenship through naturalization or restoration of nationality:

According to Article 10, Paragraph 2 of the Nationality Act, dual citizenship is permitted in the following cases:

- A person who has naturalized as a Korean citizen as a spouse of a Korean national

- A person with special contributions to Korea

- An exceptional foreign talent recognized as contributing to the national interest of Korea

- A person who, after residing abroad, enters Korea after the age of 65 with the intention to settle and is granted restoration of nationality

- A person who, despite their will, finds it difficult to renounce foreign nationality due to foreign laws and systems

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3. Acquisition of dual citizenship through marriage:

If a foreigner who marries a Korean national acquires Korean nationality without renouncing their original nationality, they can hold dual citizenship.

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Therefore, in these exceptional cases, it is possible to hold dual citizenship, including Korean nationality.

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However, dual citizens must exercise only their Korean nationality within Korea. According to Article 11-2, Paragraph 1 of the Nationality Act, dual citizens are treated solely as Korean nationals under Korean law. Moreover, if a dual citizen wishes to engage in certain fields where holding foreign nationality is prohibited, they must renounce their foreign nationality. This policy seems to be driven by reasons such as national security and fulfilling military service obligations.

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The Nationality Act is a crucial law that determines one's status as a Korean national. Since violations of the Nationality Act are serious matters, it is strongly recommended to consult with a lawyer and proceed carefully.


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