Enforcement Decree Of The Nationality Act


Published: 2011-03-29

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 Article 1 (Purpose)   print
The purpose of this Decree is to provide for matters delegated by the Nationality Act and necessary for the enforcement thereof.
[This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
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 Article 2 (Procedures for Reporting for Attainment of Nationality by Acknowledgement)   print
(1) A person who intends to attain the nationality of the Republic of Korea under Article 3 (1) of the Nationality Act (hereinafter referred to as the "Act") shall complete a nationality attainment report prescribed by Ordinance of the Ministry of Justice and submit it to the Minister of Justice.
(2) When the Minister of Justice receives a nationality attainment report under paragraph (1), he/she shall notify the applicant and the head of the family register office at the place of registration pursuant to the Act on the Registration, etc. of Family Relationship (hereinafter referred to as the "place of registration") of such fact without delay and make public announcement thereof in the Official Gazette.<Amended by Presidential Decree No. 22588, Dec 31, 2010>
[This Article Wholly Amended by Presidential Decree No. 21061, Oct. 6, 2008]
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 Article 3 (Application for Naturalization)   print
(1) A person who intends to obtain permission for naturalization under Article 4 (1) of the Act shall complete an application for naturalization prescribed by Ordinance of the Ministry of Justice and submit it to the head of an immigration office or its branch office (hereinafter referred to as the "head of an immigration office, etc."). <Amended by Presidential Decree No. 22588, Dec 31, 2010>
(2) When the head of an immigration office, etc. receives an application as prescribed in paragraph (1), he/she shall send it to the Minister of Justice without delay: Provided, That, where any inquiry, examination or confirmation, etc. is required as prescribed by the Minister of Justice, he/she shall send it together with his/her opinion after completing such procedure. <Newly Inserted by Presidential Decree No. 22588, Dec 31, 2010>
[This Article Wholly Amended by Presidential Decree No. 21061, Oct. 6, 2008]
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 Article 4 (Examination of Applications for Naturalization)   print
(1) When the Minister of Justice screens the naturalization requirements of an applicant for naturalization under Article 4 (2) of the Act, he/she may request the head of a relevant agency to investigate the applicant's personal background, criminal history, and current situation during his/her stay, or seek an opinion on other necessary matters.
(2) The Minister of Justice shall verify whether the requirements for naturalization are satisfied in an appropriate means by requesting for the submission of evidential documents prescribed by Ordinance of the Ministry of Justice or making a field inspection of the place of residence, etc. to examine the matters according to the following category in respect of the requirements for naturalization under Article 6 (2) of the Act:
1. A person falling under Article 6 (2) 1 and 2 of the Act: Whether an applicant maintains a normal matrimonial relationship with his/her spouse;
2. A person falling under Article 6 (2) 3 of the Act: Reasons making it impossible to maintain a normal matrimonial relationship;
3. A person falling under Article 6 (2) 4 of the Act: Matters concerning the bringing-up of children.
(3) The Minister of Justice shall conduct a test (hereinafter referred to as "naturalization eligibility test") only for the person who has satisfied the requirements for naturalization (excluding requirements under subparagraphs 3 and 5 of Article 5 of the Act) as a result of making an inquiry, inspection and verification under paragraphs (1) and (2) to see if he/she meets the requirements under subparagraphs 3 and 5 of Article 5 of the Act.
(4) Naturalization eligibility tests shall be conducted as a written test and interview: Provided, That persons prescribed by Ordinance of the Ministry of Justice may be exempted from a written test or an interview.
(5) Necessary matters concerning conduct of naturalization eligibility tests, such as the methods of making questions for written tests, shall be determined by Ordinance of the Ministry of Justice.
(6) The Minister of Justice shall decide a person who scores no less than 60 out of 100 points on the written test and passes the interview, asan eligible person to naturalization.
[This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
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 Article 5 (Permission for Naturalization)   print
(1) The Minister of Justice shall permit naturalization only to a person deemed eligible to naturalization as a result of a naturalization eligibility test.
(2) Where the Minister of Justice permits naturalization, he/she shall inform the applicant and the head of the family register office at the place of registration of such fact without delay and make public announcement thereof in the Official Gazette. <Amended by Presidential Decree No. 22588, Dec 31, 2010>
[This Article Wholly Amended by Presidential Decree No. 21061, Oct. 6, 2008]
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 Article 6 (Persons subject to Special Naturalization)   print
(1) "Any person who has contributed greatly to the Republic of Korea"in Article 7 (1) 2 of the Act means any of the following persons:
1. A person, including his/her spouse, lineal ascendants and descendants, who has been conferred any decoration, medal, or 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 interests of the Republic of Korea in various sectors, such as national security, society, the economy, education, or culture;
3. A person who is acknowledged by the Minister of Justice to have made a contribution similar to those under subparagraphs 1 and 2.
(2) A person falling under Article 7 (1) 3 of the Act shall be the one appointed by the Minister of Justice after going through the deliberation of the Nationality Deliberation Committee under Article 28 from among the persons falling under any of the following subparagraphs:
1. A person who is recommended by the Secretary General of the National Assembly, the Minister of National Court Administration, the Secretary General of the Constitutional Court, or the head of a central administrative agency;
2. A person who is recommended by the head of a diplomatic mission abroad, the head of a local government (referring to the Special Metropolitan City, a Metropolitan City, a Do and a Special Self-Governing Province), the president of a four-year course university or college, or the head of an other agency or organization prescribed by the Minister of Justice and is submitted by the Minister of Justice for the deliberation;
3. A person whose authority is internationally acknowledged in view of awards, research results, or career, etc. in the field of science, economy, culture or sports and who is submitted by the Minister of Justice for the deliberation.
[This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
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 Article 7 (Application Procedures, etc. for Concurrent Attainment)   print
(1) Where a person intends to attain nationality under Article 8 (1) of the Act (hereinafter referred to as "concurrent attainment"), his/her father or mother shall declare his/her intention for concurrent attainment in an application for the permission of naturalization submitted to the head of an immigration office, etc.under Article 3.
(2) In respect of an applicant for concurrent attainment whose parents are divorced, his/her father or mother shall certify in writing that he/she has parental authority or right to foster.
(3) When a person subject to concurrent attainment who meets the requirements under Article 8 (1) of the Act, applies for concurrent attainment under paragraphs (1) and (2), the Minister of Justice shall inform him/her of the matters concerning concurrent attainment at the time of granting the permission of naturalization to his/her father or mother, and notify the head of the family register office at the place of registration of such fact, and shall make public announcement thereof in the Official Gazette.
[This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
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 Article 8 (Application for Permission for Reinstatement of Nationality)   print
(1) A person who intends to obtain permission for the reinstatement of nationality under Article 9 (1) of the Act shall complete an application form for the reinstatement of nationality prescribed by Ordinance of the Ministry of Justice and submit it to the head of an immigration office, etc. <Amended by Presidential Decree No. 22588, Dec 31, 2010>
(2) When the head of an immigration office, etc. receives an application as prescribed in paragraph (1), he/she shall send it to the Minister of Justice without delay: Provided, That, where any inquiry, examination, confirmation, etc. is required as prescribed by the Minister of Justice, he/she shall send it appending his/her opinion after completing such procedure. <Newly Inserted by Presidential Decree No. 22588, Dec 31, 2010>
[This Article Wholly Amended by Presidential Decree No. 21061, Oct. 6, 2008]
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 Article 9 (Examination of Application for Reinstatement of Nationality)   print
(1) When the Minister of Justice examines the requirements for the reinstatement of nationality in respect of an applicant for permission of reinstatement of nationality under Article 9 (2) of the Act, the Minister may request the head of a relevant agency to investigatethe applicant's personal background, criminal records, military register and current status during his/her stay, or seek an opinion on other necessary matters.
(2) The Minister of Justice may, where deemed necessary, request the applicant for permission of reinstatement of nationality to make a statement or submit supplemental materials.
[This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
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 Article 10 (Permission for Reinstatement of Nationality)   print
(1) Where the Minister of Justice permits the reinstatement of nationality of an applicant, he/she shall inform the applicant and the head of the family register office at the place of registration of such fact without delay, and make public announcement thereof in the Official Gazette. <Amended by Presidential Decree No. 22588, Dec 31, 2010>
(2) Article 7 shall apply mutatis mutandis to permission for reinstatement of nationality. In such cases, "application for the permission of naturalization" shall be deemed "application for permission of the reinstatement of nationality."
[This Article Wholly Amended by Presidential Decree No. 21061, Oct. 6, 2008]
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 Article 11 (Procedures, etc. for Renouncement of Foreign Nationality)   print
(1) A person who intends to renounce a foreign nationality under Article 10 (1) or (2) of the Act shall complete the procedure to renounce or lose a foreign nationality within the designated period and submit, without delay, to the Minister of Justice, the certificate of renouncement (loss) of foreign nationality or other corresponding documents (hereinafter referred to as "certificate, etc. of renouncement of nationality") issued by a consul or other relevant officials of the foreign country concerned.<Amended by Presidential Decree No. 22588, Dec 31, 2010>
(2) The Minister of Justice shall issue a written confirmation on the renouncement of a foreign nationality to a person who has submitted a certificate, etc. of renouncement of nationality under paragraph (1). <Amended by Presidential Decree No. 22588, Dec 31, 2010>
(3) A person who intends to vow his/her intention not to exercise his/her foreign nationality in the Republic of Korea under Article 10 (2) of the Act (hereinafter referred to as the "vow not to exercise foreign nationality") shall complete a written vow not to exercise foreign nationality and submit it to the head of an immigration office, etc. within the designated period in a state having his/her address in the Republic of Korea. <Amended by Presidential Decree No. 22588, Dec 31, 2010>
(4) The head of an immigration office, etc. shall, when he/she receives a written vow not to exercise foreign nationality pursuant to paragraph (3), send it to the Minister of Justice without delay, and, when the Minister of Justice accepts it, issue a confirmation on the written vow not to exercise foreign nationality to the person who has submitted a written vow. <Newly Inserted by Presidential Decree No. 22588, Dec 31, 2010>
(5) Where a person who has renounced a foreign nationality under Article 11-2 (2) of the Act has submitted a certificate, etc. of renouncement of nationality and requests a confirmation thereon, the Minister of Justice shall issue a written confirmation on the renouncement of a foreign nationality. <Newly Inserted by Presidential Decree No. 22588, Dec 31, 2010>
(6) Forms of a written confirmation on the renouncement of a foreign nationality, a written vow not to exercise foreign nationality, and a confirmation on the written vow not to exercise foreign nationality under the provisions of paragraphs (2)through (5) shall be prescribed by Ordinance of the Ministry of Justice.<Newly Inserted by Presidential Decree No. 22588, Dec 31, 2010>
[This Article Wholly Amended by Presidential Decree No. 21061, Oct. 6, 2008]
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 Article 12 (Request for Certification of Facts concerning Renouncement of Foreign Nationality)   print
(1) Where the Minister of Justice needs to confirm whether a person under Article 10 (1) of the Act (except those who have submitted a certificate, etc. of renouncement of nationality or a written vow not to exercise foreign nationality under Article 11 (1) or (3)) has renounced the foreign nationality after the expiration of the designated period, he/she may request him/her to certify the fact of renouncement.
(2) Where the whereabouts of the person under paragraph (1) is unknown or other unavoidable grounds making it impossible to request in writing exist, a request under paragraph (1) may be made by publishing it in the Official Gazette. In such cases, a request is deemed to have been rendered on the day following that the request is published in the Official Gazette.
(3) A person who has received a request under paragraphs (1) and (2) shall certify the fact of renouncement of foreign nationality within one month after receipt of request via a certificate, etc. of renouncement of nationality issued by a consul or other relevant officials of the foreign country concerned, and if the request is not complied with, he/she shall be deemed not to have renounced the foreign nationality.
(4) Where a person under paragraph (3) fails to comply with the request within the period by reason of natural disasters or force majeure, he/she may certify the fact of renouncement of foreign nationality within 10 days after such grounds cease to exist.
[This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
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 Article 13 (Persons, etc. Having Difficulty in Renouncing Foreign Nationalities)   print
(1) The term "A person prescribed by Presidential Decree" in Article 10 (2) 5 of the Act means a person who falls under any of the following subparagraphs:
1. A person who is impossible to renounce foreign nationality because of laws and scheme of the foreign country or a person who is deemed to be in circumstances corresponding thereto;
2. A person who has submitted documents certifying the circumstantial difficulties in completing the procedure for renouncement of nationality within the period prescribed in Article 10 (1) of the Act, because of the laws and scheme of the foreign country concerned, in spite that he/she has started a procedure for the renouncement of nationality of the relevant foreign country without delay after acquiring the nationality of the Republic of Korea.
(2) When a person falling under paragraph (1) 2 completes the procedure for the renouncement of foreign nationality, he/she shall submit his/her certificate, etc. of renouncement of nationality to the Minister of Justice without delay.
[This Article Newly Inserted by Presidential Decree No. 22588, Dec 31, 2010]
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 Article 14 (Limitation on Treatment for Persons who Failto Certify Renouncement of Nationality)   print
On a person who fails to complete the procedure for the renouncement of foreign nationality or to make the vow not to exercise foreign nationality pursuant to Article 10 (1) or (2) of the Act in spite that he/she has attained the nationality of the Republic of Korea, limitation on treatment as a national of the Republic of Korea may be imposed in respect of immigration, sojourn, resident registration, issuance of visa, etc., as prescribed by relevant Acts and subordinate statutes.
[This Article Newly Inserted by Presidential Decree No. 22588, Dec 31, 2010]
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 Article 15 (Reporting Procedures, etc. for Re-Attainment of Nationality)   print
(1) A person who intends to re-attain the nationality of the Republic of Korea under Article 11 (1) of the Act shall complete a report on nationality attainment prescribed by Ordinance of the Ministry of Justice and submit it to the Minister of Justice.
(2) Where the Minister of Justice receives a report on nationality attainment under paragraph (1), he/she shall inform the person who has submitted the report and the head of the family register office at the place of registration of such fact without delay, and make public announcement thereof in the Official Gazette. <Amended by Presidential Decree No. 22588, Dec 31, 2010>
[This Article Wholly Amended by Presidential Decree No. 21061, Oct. 6, 2008]
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 Article 16 (Meaning, etc. of Persons with Multiple Nationalities)   print
(1) A person who has both the nationality of the Republic of Korea and that of a foreign country under other conditions pursuant to this Act in Article 11-2 (1) of the Act means any person falling under any of the following subparagraphs:
1. A person who has made a vow not to exercise foreign nationality pursuant to Article 10 (2) of the Act;
2. A person who has reported his/her intention to retain the nationality of the Republic of Korea to the Minister of Justice within six months after he/she has attained the nationality of a foreign country under Article 15 (2) of the Act as a national of the Republic of Korea.
3. A person who has re-attained the nationality of the Republic of Korea after making a vow to the Minister of Justice not to exercise foreign nationality under Article 2 (1) of the Addenda to the amended Nationality Act (Act No. 10275) or a person who has made a vow not to exercise foreign nationality after re-attaining a foreign nationality pursuant to Article 2 (2) of the same Addenda.
(2) As to a person who falls under any subparagraph of Article 12 (3) of the Act before he/she reaches his/her full 20 years of age, the period prescribed in the main sentence of Article 12 (2) of the same Act shall be counted from the time he/she reaches his/her full 20 years of age.
[This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
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 Article 16-2 (Persons Born while Their Lineal Ascendents Stayed Abroad without the Intention of Permanently Residing in Foreign Countries)   print
Any person who was born while his/her lineal ascendent stayed abroad without the intention of permanently residing in any foreign country as prescribed in other part than each subparagraph of Article 12 (3) of the Act shall refer to any person who was neither born in a state that his/her father or mother attained a permanent residence right in a foreign country having his/her basis of living in the foreign country nor born in a state of sojourn in a foreign country corresponding thereto as prescribed by Ordinance of the Ministry of Justice.
[This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
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 Article 17 (Procedures, etc. for Choosing Nationality of the Republic of Korea)   print
(1) Any person with multiple nationalities who intends to choose the nationality of the Republic of Korea under Article 13 (1) or under the proviso of Article 13 (2) of the Act shall complete procedures to renounce or lose the nationality of a foreign country under Article 11 (1) or (2) and shall complete a reporton choice of nationality prescribed by Ordinance of the Ministry of Justice and submit it to the Minister of Justice within the period designated in Article 12 (1) or (2) of the Act, or make a vow not to exercise foreign nationality under Article 11 (3) and (4), complete a report on choice of nationality and submit it to the head of an immigration office, etc. In such case, the head of an immigration office, etc. shall send the report on choice of nationality that he/she has received to the Minister of Justice without delay.
(2) Any person with multiple nationalities who intends to file a report his/her intention to choose the nationality of the Republic of Korea under the main sentence of Article 13 (2) or under Article 13 (3) of the Act shall complete procedures to renounce or lose the nationality of a foreign country, complete a report on choice of nationality prescribed by Ordinance of the Ministry of Justice and submit it to the Minister of Justice.
(3) The term "a person whose mother is deemed to have resided in a foreign country for the purpose of having the person attain the nationality of the foreign country at the time of his/her birth" in Article 13 (3) of the Act means a person who was born during a sojourn in a foreign country after his/her mother whose basis of living is the Republic of Korea has left for the foreign country during pregnancy for the purpose of having the person attain the nationality of the foreign country: Provided, That a person whose father or mother falls under any of the following subparagraphs shall be excluded:
1. Where he/she has lived in a foreign country for not less than two years consecutively adding up the periods before and after the birth of the person;
2. Where he/she has attained the permanent residence right or nationality of the foreign country before or after the birth of the person;
3. Where he/she has been staying in a foreign country at the time of birth of the person for a period determined by the Minister of Justice due to considerable grounds in view of the prevailing social norms, such as studying abroad, dispatch for public services, sojourn abroad, employment, etc.
(4) When the Minister of Justice accepts a report on choice of nationality under paragraphs (1) through (3), he/she shall inform the person who has submitted the report and the head of the family register office at the place of registration of such fact without delay.
[This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
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 Article 18 (Reporting Procedures, etc. for Renouncement of Nationality of the Republic of Korea)   print
(1) A person with multiple nationalities who intends to declare his/her intention to renounce his/her nationality of the Republic of Korea under Article 14 (1) of the Act shall complete a report on renouncement of nationality prescribed by Ordinance of the Ministry of Justice and submit it to the head of a diplomatic mission abroad having jurisdiction over the place of his/her residence, and the head of a diplomatic mission abroad shall send it to the Minister of Justice without delay.
(2) The Minister of Justice shall accept a report on renouncement of nationality under paragraph (1) only if the requirements for accepting the renouncement of nationality as referred to in Article 14 (1) of the Act are met.
(3) When the Minister of Justice accepts a report on renouncement of nationality under paragraphs (1) and (2), he/she shall inform the person who has submitted the report through the head of a diplomatic mission abroad who has received the report of such fact without delay, notify the head of the family register office at the place of registration thereof, and make a public announcement thereof in the Official Gazette.
(4) If a person who has renounced the nationality is on the register of residence, the Minister of Justice shall inform the head of the relevant resident registration office thereof.
(5) Document to be notified to the head of the family register office or resident registration office at the place of registration under paragraph (3) or (4)shall contain the following matters:
1. Name, date of birth, gender, and place of registration of the person who has renounced nationality;
2. Reason and date of renouncement of nationality;
3. Foreign nationality.
[This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
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 Article 18-2 (Procedures, etc. for Ordering to Choose Nationality)   print
(1) When the Minister of Justice issues an order to choose one nationality under Article 14-2 (1) and (2) of the Act, he/she shall deliver the order to choose one nationality as prescribed by Ordinance of the Ministry of Justice in person or by registered mail: Provided, That where it is difficult to deliver it in person or by registered mail, it shall be delivered or sent to a family member under Article 779 of the Civil Act or a de facto supporter.
(2) In case where delivery or sending of the order to choose one nationality is difficult because of unknown whereabouts, etc., it shall be publicly announced in the Official Gazette, whereby it shall take its effect 14 days after the date of its announcement.
(3) If a person who has received an order to choose one nationality from the Minister of Justice pursuant to Article 14-2 (1) or (2) of the Act intends to choose the nationality of the Republic of Korea, he/she shall follow the procedures prescribed in Article 17, or to renounce it, follow the procedures prescribed in Article 18.
(4) The term "any act evidently violating such intention" in Article 14-2 (2) of the Act means an act falling under any case of the following subparagraphs which is committed by a person who has made a vow not to exercise a foreign nationality:
1. Where he/she has departed from or entered to the Republic of Korea repeatedly with a foreign passport;
2. Where he/she has completed foreigner registration or reported on place of residence for the purpose of exercising a foreign nationality;
3. Where he/she has exercised or intended to exercise a right of a foreigner over the State or any local government, public institution, public organi- zation or educational institution by making use of a foreign passport in the Republic of Korea without any justifiable reason.
(5) The Minister of Justice may inquire the head of a relevant agency or a diplomatic mission abroad of such necessary matters as confirmation of the place of domestic or overseas domicile of a person with multiple nationalities.
(6) Where a person with multiple nationalities loses the nationality of the Republic of Korea under Article 14 (4) of the Act due to failure to comply with an order to choose one nationality that he/she has received, the Minister of Justice shall make a public announcement of the matters prescribed in any of the following subparagraphs in the Official Gazette without delay, and notify the heads of the relevant family register office and the resident registration office of such fact:
1. Name, date of birth, gender and the place of registration of a person who has lost the nationality;
2. Cause and date of loss of the nationality;
3. Foreign nationality.
[This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
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 Article 18-3 ((Procedures, etc. for Determination of Losing Nationality of the Republic of Korea)   print
(1) The cases where it is deemed obviously inappropriate for a person to maintain the nationality of the Republic of Korea as referred to in the main sentence of the part other than each subparagraph of Article 14-3 (1) of the Act shall be determined by the Minister of Justice after a deli- beration of the Nationality Deliberation Committee under Article 28.
(2) The term "any act prescribed by Presidential Decree" in Article 14-3 (1) 2 of the Act means such crimes named as murder, rape, etc. to be prescribed by Ordinance of the Ministry of Justice, because of which a person has been sentenced to imprisonment or imprisonment without prison labor for seven or more years and for which such punishment has been concluded.
(3) With respect to the procedures for holding a hearing as referred to in the main sentence of the part other than each subparagraph of Article 14-3 (1) of the Act, the provisions concerning a hearing in SECTION 2 of CHAPTER Ⅰof the Administrative Procedures Act shall apply mutatis mutandis.
(4) Article 18-2 (6) shall apply mutatis mutandis by the Minister of Justice to a case where a person with multiple nationality loses the nationality of the Republic of Korea by receiving the decision to lose it.
[This Article Newly Inserted by Presidential Decree No. 22588, Dec 31, 2010]
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 Article 18-4 (Procedures, etc. for Notification on Persons with Multiple Nationalities)   print
(1) The notification under Article 14-4 (1)of the Act shall be given to the head of an immigration office, etc. who has jurisdiction over the address of the agency to which the relevant public official belongs: Provided, That the cases where the head of a diplomatic mission abroad gives such notification shall be prescribed by the Minister of Justice separately.
(2) The notification under paragraph (1) shall be given by a document which contains the matters prescribed in any of the following subparagraphs, accompanied by a document certifying the cause and date of attainment of multiple nationalities or a copy of the foreign passport that a person with multiple nationalities has:
1. Personal information such as name in Hangeul, date of birth, and the place of registration, etc.;
2. Name in English and date of birth as stated in the foreign nationality.
(3) If the head of an immigration office, etc. is given notification under paragraph (1) or discovers a person with multiple nationalities in the course of his/her official duties, he/she shall prepare a sheet on a person with multiple nationalities and send it to the Minister of Justice, keeping a duplicate with him/her.
[This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
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 Article 19 (Reporting Procedures, etc. of Intention to Retain Nationality)   print
(1) A person who intends to report his/her intention to retain the nationality of the Republic of Korea under Article 15 (2) of the Act shall complete a report on the retention of nationality prescribed by Ordinance of the Ministry of Justice and submit it to the head of an immigration office, etc. <Amended by Presidential Decree No. 22588, Dec 31, 2010>
(2) When the head of an immigration office, etc. receives a report on the retention of nationality under paragraph (1), he/she shall send it to the Minister of Justice without delay. <Newly Inserted by Presidential Decree No. 22588, Dec 31, 2010>
(3) When the Minister of Justice accepts a report on the retention of nationality under paragraphs (1) and (2), he/she shall inform the person who has submitted the reportof such fact and notify the head of family register office at the person's place of registration thereof.
(4) Document to be notified to the head of the family register office at the person's place of registration under paragraph (3) shall containthe matters as prescribed in any of the following subparagraphs:
1. Name, date of birth, gender, and the place of registration of a person who reports retaining the nationality;
2. Cause and date of attainment of foreign nationality.
[This Article Wholly Amended by Presidential Decree No. 21061, Oct. 6, 2008]
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 Article 20 (Procedures, etc. for reporting or Notifying the Loss of Nationality)   print
(1) A person who intends to file a report on the loss of nationality under Article 16 (1) of the Act shall complete a report on the loss of nationality prescribed by Ordinance of the Ministry of Justice and submit it to the Minister of Justice.
(2) In notifyingthe lossof nationality under Article 16 (2) of the Act, personal details, such as the person's name, date of birth, gender, and place of registration, shall be recorded and documents certifying the reason and date of loss of the nationality of the Republic of Korea, or a copy of the foreign passport he/she has shall be attached thereto.
[This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
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 Article 21 (Administration of Persons who have Lost Nationality)   print
(1) When the Minister of Justice finds, in the course of performing his/her duties, a person who is not removed from his/her place of registration after the loss of the nationality of the Republic of Korea under Article 16 (3) of the Act, or receives the report or notification of the loss of nationality under Article 20, he/she shall, without delay, publicly announce it in the Official Gazette and notify the head of the family registry office of the person's place of registration.
(2) Article 18 (4) and (5) shall apply mutatis mutandis to paragraph (1). <Amended by Presidential Decree No. 22588, Dec 31, 2010>
[This Article Wholly Amended by Presidential Decree No. 21061, Oct. 6, 2008]
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 Article 22 (Applications, Reports, etc. by Legal Representatives)   print
Where a legal representative applies or reports on behalf of the relevant person under Article 19 of the Act, the name and address of the legal representative and the relationship with the person who applies or reports shall be recorded in a report or application, with relevant documents certifying the relationship attached thereto.
[This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
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 Article 23 (Application for Adjudication on Nationality)   print
A person who intends to apply for adjudication on nationality under Article 20 of the Act shall complete an application for adjudication on nationality prescribed by Ordinance of the Ministry of Justice and submit it to the head of an immigration office, etc.
[This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
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 Article 24 (Screening of Adjudication of Nationality and Adjudication Procedures, etc.)   print
(1) The Minister of Justice may, if necessary for adjudications on nationality, request the head of a relevant agency to investigate the personal background, criminal records, and current status during his/her stay, or seek an opinion concerning reference matters for adjudication.
(2) The Minister of Justice may, if necessary, request an applicant for adjudication on nationality to state his/her opinion or submit supplementary documents.
(3) The Minister of Justice shall determine whether an applicant currently holds the nationality of the Republic of Korea after examining the following matters:
1. The applicant's family line;
2. Reasons for immigration;
3. Whether the nationality of the Republic of Korea is attained;
4. Whether any records showing the loss of the nationality of the Republic of Korea by reason that he/she voluntarily attained a foreign nationality after acquiring the nationality of the Republic of Korea exist.
(4) When the Minister of Justice deems that an applicant for the adjudication of nationality currently holds the nationality of the Republic of Korea, he/she shall notify the applicantand the head of the family register office at his/her place of registrationof such fact without delay, and make public announcement thereof in the Official Gazette.
(5) A person who is subject to adjudication under paragraph (4)may create a new family register under the Act on the Registration, etc. of Family Relationship without following a separate procedure for the attainment of nationality.
[This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
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 Article 25 (Report or Application by Persons with Overseas Domiciles)   print
(1) With regard to a report or application under Articles 3 (1), 9 (1), 11 (1), 13 (1) and (2), 15 (2), and 16 (1) of the Act, where a person who intends to report or apply has a domicile overseas, he/she may also submit a report or application through the head of the overseas diplomatic or consular missions having jurisdiction over that domicile.<Amended by Presidential Decree No. 22588, Dec 31, 2010>
(2) The head of the overseas diplomatic or consular missions who receives a report or application under paragraph (1) 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 the overseas diplomatic or consular missions, he/she shall notify the head of the overseas diplomatic or consular missions concerned via the Minister of Foreign Affairs and Trade of such fact.
[This Article Wholly Amended by Presidential Decree No. 21061, Oct. 6, 2008]
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 Article 26 (Matters to be Announced in Official Gazette)   print
Matters to be announced in the Official Gazette under Article 17 (1) of the Act shall be as follows:
1. In cases of accepting a report on the attainment of nationality by acknowledgement: Personal details of a person who attains the nationality (including the name, date of birth, gender, previous nationality, and anticipated place of registration; hereafter the same shall apply in subparagraphs 2 through 4) and date on which the report was accepted;
2. In cases of permitting a naturalization: Personal details of the person naturalized and the date of permission for naturalization (where a person is naturalized concurrently, the personal details of the person of concurrent naturalization shall be included);
3. In cases of permitting the reinstatement of nationality: Personal details of the person reinstated, reason and date for the loss of nationality, and date of permission for reinstatement (where a person is reinstated concurrently, the personal details of the person of concurrent reinstatement shall be included);
4. In cases of accepting a report on the re-attainment of nationality by dint of reporting the re-attainment of nationality: Personal details of the person who re-attains the nationality and the date of re-attainment;
5. In cases of accepting a report on the renouncement of nationality: Personal details of the person who has renounced nationality (including name, date of birth, gender, foreign nationality and place of registration) and date on which the report was accepted;
6. In cases of administering the loss of nationality to a person who has lost nationality: Profile of the person who has lost the nationality (including name, date of birth, gender, foreign nationality, and place of registration) and reason and date of the loss of nationality (in cases of attainment of a foreign nationality, the nationality is also included);
7. In cases of determining that an applicant for adjudication of nationality holds such nationality: Personal details of the person adjudicated (including name, date of birth, gender, foreign nationality, place of registration and anticipated place of registration), and date of the adjudication.
[This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
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 Article 27 (Standards, Procedures, etc. for Revocation of Permission, etc.)   print
(1) The Minister of Justice may revoke permission for naturalization or reinstatement of nationality, or adjudication on holding of nationality pursuant to Article 21 (1) of the Act, in respect of the following persons:
1. A person who forges or falsifies evidential documents on status relationship for the purposes of obtaining permission for naturalization or reinstatement of nationality, or adjudication on holding of nationality, or a person who is found guilty by submitting forged or falsified evidential documents;
2. A person who has attained the nationality of the Republic of Korea on the ground of marriage, adoption, etc., but is found guilty due to an act, such as reporting, etc. which is a ground of the attainment of nationality;
3. A person for whom the judgment of invalidity or revocation becomes final and conclusive in respect of legal relation which is a ground of the attainment of nationality;
4. Any other person who has a serious defect in respect of permission for naturalization or reinstatement of nationality, or adjudication on holding of nationality.
(2) The Minister of Justice shall, when he/she intends to revoke permission for naturalization or for reinstatement of nationality, or adjudication on holding of nationality pursuant to Article 21 (1) of the Act, provide the party concerned with an opportunity to explain: Provided, That the same shall not apply where the whereabouts of the party concerned is unknown or the party concerned fails to comply with the request for the presentation of explanatory materials twice or more without any justifiable ground.
(3) The Minister of Justice shall, when he/she has revoked permission for naturalization or for reinstatement of nationality, or adjudication on holding of nationality pursuant to Article 21 (1) of the Act, promptly inform the person whose permission, etc. has been revoked and the head of the family register office at the person's place of registration of such fact, and make a public announcement thereof in the Official Gazette.
(4) Article 18 (4) shall apply mutatis mutandis to the cases of paragraph (3).
(5) When making an announcement in the Official Gazette or giving notifications to the heads of the family register office at the place of registration and the resident registration office, matters as prescribed in the following subparagraphs shall be included:
1. Name, date of birth, gender and place of registration of a person subject to revocation;
2. Reason and date of revocation.
[This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
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 Article 28 (Nationality Deliberation Committee)   print
For the purpose of deliberating the matters as prescribed in the following subparagraphs, the Nationality Deliberation Committee (hereinafter referred to as the "Committee") shall be established under the jurisdiction of the Minister of Justice:
1. Matters concerning the selection of the persons who are the subjects of special naturalization under Article 7 (1) 3 of the Act;
2. Matters concerning the decision for losing the nationality of the Republic of Korea under Article 14-3 of the Act;
3. Other matters that the Minister of Justice requests the Committee to deliberate on the affairs concerned with nationality.
[This Article Newly Inserted by Presidential Decree No. 22588, Dec 31, 2010]
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 Article 28-2 (Organization and Office Term of the Committee)   print
(1) The Committee shall be comprised of one chairperson and members of not more than 20 persons.
(2) The Commissioner of the Korea Immigration Service of the Ministry of Justice shall be the chairperson of the Committee, and the members shall be appointed or commissioned by the Minister of Justice from among the Director General of Nationality and Integration Policy of the Ministry of Justice, public officials of the agencies concerned and civil experts.
(3) In order to deal with affairs of the Committee, it shall have one secretary, the post of which the Director of Nationality and Refugee Division shall assume.
(4) Term of office of a commissioned member shall be one year, and the consecutive appointment of only two times may be permitted: Provided, That the term of office of a member who is newly commissioned because of the occurrence of a vacancy during a member's term of office shall be the remainder of his/her predecessor's term of office.
[This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
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 Article 28-3 (Duties of Chairperson of the Committee)   print
(1) The chairperson shall represent the Committee, and shall exercise overall control of its affairs.
(2) When the chairperson becomes incapable of performing his/her duties due to any inevitable reason, a member to be designated by the chairperson shall act on his/her behalf.
[This Article Newly Inserted by Presidential Decree No. 22588, Dec 31, 2010]
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 Article 28-4 (Operation of the Committee)   print
(1) The chairperson shall convoke a meeting of the Committee when requested by the Minister of Justice or when he/she deems it necessary, and he/she shall preside over the meeting.
(2) A meeting of the Committee shall be comprised of the chairperson and 12 members whom the chairperson appoints for every meeting, and the number of civilian members and that of members from government shall be the same.
(3) A meeting of the Committee shall be opened with the attendance of a majority of all the members under paragraph (2), and the resolution thereof shall require the consent of a majority of those present.
(4) No chairperson nor a member shall participate in the deliberation of matters where he/she is a person concerned.
(5) When deemed necessary, the Committee may request the attendance of a person concerned and hear his/her opinion.
(6) Matters necessary for the operation of the Committee other than those prescribed in this Decree shall be prescribed by the Minister of Justice.
[This Article Wholly Amended by Presidential Decree No. 22750, Mar. 29, 2011]
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 Article 29 (Delegation of Authority)   print
The Minister of Justice shall delegate his/her authority prescribed in each of the following subparagraphs to the head of an immigration office, etc. under Article 22 of the Act:
1. Authority on the report on attainment of nationality by acknowledgement under Article 3 of the Act;
2. Authority on receiving the certificate, etc. of renouncement of nationality or the documents certifying the circumstantial difficulties in completing the procedure for renouncement of nationality, or authority on issuing a written confirmation on the renouncement of a foreign nationality, under Article 10 of the Act, Articles 11 (1), (2) and 13 of this Decree;
3. Authority on report on re-attainment of the nationality under Article 11 of the Act;
4. Authority on receiving the certificate, etc. of renouncement of a nationality and issuing a written certificate on renouncement of a foreign nationality under Article 11-2 (2) of the Act and Article 11 (5) of this Decree;
5. Authority on the report on choosing the nationality of the Republic of Korea after completing the procedures for renouncement (loss) of a foreign nationality under Article 13 of the Act and Article 17 of this Decree;
6. Authority on report on or notification of the loss of nationality under Article 16 of the Act.
[This Article Newly Inserted by Presidential Decree No. 22588, Dec 31, 2010]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on June 14, 1998.
Article 2 (Reporting Procedures, etc. on Special Cases of Attainment of Nationality for Persons of Maternal Line)
(1) A person who intends to attain the nationality of the Republic of Korea under Article 7 (1) or (3) of the Addenda of the Act shall complete a report on attainment of nationality prescribed by Ordinance of the Ministry of Justice and submit it to the Minister of Justice.
(2) Where the Minister of Justice accepts a report for the attainment of nationality under paragraph (1), he/she shall notify the person of such fact without delay and make public announcement thereof in the Official Gazette.
(3) Article 25 (1) through (3) shall apply mutatis mutandis to cases where a person with foreign domicile files a report for attainment of nationality under paragraph (1).
ADDENDUM <Presidential Decree No. 20465, Dec. 28, 2007>
This Decree shall enter into force on January 1, 2008.
ADDENDUM <Presidential Decree No. 21061, Oct. 6, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22588, Dec. 31, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2011: Provided, That the amended provisions of Article 29 shall enter into force from the date on which six months lapse after the promulgation of this Act.
Article 2 (Period of Validity of the Committee)
The amended provisions of Article 6 (2) (limited to the matters which are subject to the deliberation of the Committee), Articles 28 and 28-2 through 28-4 shall be valid until December 31, 2015.
Article 3 (Applicability to Delegation of Authority)
The amended provisons of Article 29 shall apply beginning with the person who reports, submits, or notifies relevant matters for the first time after the enforcement of this Decree.
Article 4 (Procedures, etc. for Re-Attainment of Nationality)
(1) A person who intends to re-attain the nationality of the Republic of Korea under Article 2 (1) of the Addenda to the amended Nationality Act (Act No. 10275) shall complete the procedures for renouncement (loss) of a foreign nationality or make a vow of his/her intention not to exercise his/her foreign nationality, complete a nationality attainment report prescribed by Ordinance of the Ministry of Justice, and submit it to the head of an immigration office, etc. within the period prescribed in Article 2 (1) of the Addenda of the same Act.
(2) A person who has re-attained a foreign nationality under Article 2 (2) of the Addenda to the amended Nationality Act (Act No. 10275) shall submit a written vow not to exercise his/her foreign nationality and its accompanying documents to the head of an immigration office, etc.
(3) When the head of an immigration office, etc. receives a report, etc. under paragraph (1) (limited to the nationality attainment report submitted after making a vow not to exercise a foreign nationality) or paragraph (2), he/she shall send it to the Minister of Justice without delay.
(4) When the Minister of Justice or the head of an immigration office, etc. accepts a nationality attainment report under paragraphs (1) through (3), he/she shall notify the person who submitted the report and the head of a family register office at the person's place of registration of the fact without delay, and make public announcement thereof in the Official Gazette.
(5) Article 11 shall apply mutatis mutandis to the procedure for renouncement (loss) of a foreign nationality or making a vow not to exercise a foreign nationality and a written confirmation thereof under paragraph (1) or (2).
(6) Article 12 (1) of the Act shall not apply to any person who has become a multiple nationality after taking a vow under paragraph (1) or (2).
Article 5 (Special Case for Persons Whose Obligations to Renounce Foreign Nationalities Are Reserved)
Any person whose obligation to renounce a foreign nationality is reserved by falling under any of the subparagraphs of abolished Article 13 (1) before the enforcement of this Decree may renounce his/her foreign nationality or make a vow not to exercise his/her foreign nationality under Article 10 of the Act within the period reserved under the abolished provisions.
ADDENDUM <Presidential Decree No. 22750, Mar. 29, 2011>
This Decree shall enter into force on the date of its promulgation.