(1) The Minister of Justice may grant the status of sojourn as overseas Korean to a foreign nationality Korean who intends to engage himself or herself in activities in the Republic of Korea based on his or her application thereto.
(2) Where a foreign nationality Korean has any of the following reasons, the Minister of Justice shall not grant him or her the status of sojourn as overseas Korean under paragraph (1); provided, in cases of a foreign nationality Korean falling under subparagraph 1, the foregoing shall not apply from January 1 of the year when he becomes 41 years old: <Amended on May. 4, 2010; Apr. 5, 2011; Oct. 31, 2017; Sep. 18, 2018; Dec. 31, 2019>
1. Where a male not falling under any of the following cases becomes a foreigner by renouncing or losing the nationality of the Republic of Korea:(a) Where he has completed, or is deemed to have completed, his active military service, full-time reserve service, or supplementary service;(b) Where he is enlisted in the wartime labor service;(c) Where he is exempt from military service.
2. Where it is apprehensive that he or she may impair the interests of the Republic of Korea, such as national security, maintenance of public order, public welfare and diplomatic relations of the Republic of Korea.
(3) When the Minister of Justice grants a foreign nationality Korean the status of sojourn as overseas Korean under paragraphs (1) and (2), he or she shall consult with the Minister of Foreign Affairs as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>
(4) The requirements for acquisition of the status of sojourn as overseas Korean and the scope of activities of a person who has acquired such qualification shall be prescribed by Presidential Decree.[This Article Wholly Amended on Mar. 14, 2008]