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Nationality Act — Article 12 (Obligations of Persons with Multiple Nationalities to Choose One Nationality)

국적법 제12조

(1) A person who has acquired multiple nationalities before fully turning 20 years of age shall choose one nationality before fully turning 22 years of age; and a person who has acquired multiple nationalities after fully turning 20 years of age shall choose one nationality within two years from such time pursuant to Articles 13 and 14: Provided, That this shall not apply to any person with multiple nationalities who has vowed his or her intention not to exercise his or her foreign nationality in the Republic of Korea to the Minister of Justice, pursuant to Article 10 (2). <Amended on May 4, 2010>

(2) Notwithstanding the main clause of paragraph (1), a person assigned to the preliminary military service under Article 8 of the Military Service Act shall choose one nationality either within three months from the date of enlistment, or within two years from the date he or she falls under any subparagraph of paragraph (3): Provided, That if a person intends to choose the nationality of the Republic of Korea under Article 13, he or she may do so even before he or she falls under any subparagraph of paragraph (3). <Amended on May 4, 2010; May 29, 2016>

(3) Any person who was born while his lineal ascendant stayed abroad without the intention of permanently residing in any foreign country may make a declaration of his intention to renounce his Korean nationality under Article 14, only when the person falls under any of the following subparagraphs, with respect to his obligation for military service: <Amended on May 4, 2010; May 29, 2016; Dec. 31, 2019>

1. Where he has completed, or is deemed to have completed, his active military service, full-time reserve service, supplementary service, or alternative service;

2. Where he is enlisted in the wartime labor service;

3. Where he is exempt from military service.[This Article Wholly Amended on Mar. 14, 2008][Title Amended on May 4, 2010][Nonconformity to the Constitution, 2016Hun-Ma889, Sep. 24, 2020. The main clause of Article 12 (2) of the Nationality Act (as amended by Act No. 14183 on May 29, 2016) is not in conformity with the Constitution. Such provisions shall continue to apply until amended by the deadline of September 30, 2022.]

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