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Nationality Act — Article 14-2 (Special Cases concerning Renunciation of Nationality of the Republic of Korea)

국적법 제14조의2

(1) Notwithstanding the main clause of Article 12 (2) and the proviso of Article 14 (1), a person with multiple nationalities who meets all of the following requirements may file an application for permission to renounce his nationality of the Republic of Korea with the Minister of Justice, if the person fails to file a report on his intention to renounce his nationality of the Republic of Korea within three months after having been enlisted for the preliminary military service under Article 8 of the Military Service Act:

1. Any of the following persons:(a) A person born in a foreign country (excluding a person born in a foreign country while his lineal ascendant was staying in the foreign country without the intention of permanent residency therein) who continuously has his primary base of living in a foreign country after birth;(b) A person who continuously has his primary base of living in a foreign country after he had emigrated to a foreign country under the age of six;

2. There shall be good cause for not filing a report on renunciation of nationality within three months from the time when he was enlisted for the preliminary military service pursuant to the main clause of Article 12 (2) and the proviso of Article 14 (1).

(2) The Minister of Justice shall consider each of the following when he or she grants permission pursuant to paragraph (1):

1. The place of birth of a person with multiple nationalities and reasons and events leading to the acquisition of multiple nationalities;

2. Whether the domicile and the principal place of residence of a person with multiple nationalities are a foreign country;

3. The frequency of entry into, and the purpose and period of stay in, the Republic of Korea;

4. Whether a person with multiple nationalities has exercised the right which can be enjoyed only by citizens of the Republic of Korea;

5. Whether a person with multiple nationalities has substantial restriction, or a disadvantage equivalent thereto, on his job selection in a foreign country due to multiple nationalities;

6. Whether it is in harmony with the fairness in the fulfillment of the duty of military service.

(3) An application for permission under paragraph (1) shall be filed with the Minister of Justice through the head of a diplomatic mission abroad having jurisdiction over the relevant domicile by a person with multiple nationalities who has a domicile in a foreign country.

(4) A person who applies for permission to renounce nationality under paragraphs (1) and (3) shall lose the nationality of the Republic of Korea at the time when the Minister of Justice grants permission.

(5) Matters necessary for detailed qualifications of applicants, detailed matters to be considered in granting permission, procedures for application and permission, etc. under paragraphs (1) through (4) shall be prescribed by Presidential Decree.[This Article Newly Inserted on Sep. 15, 2022][Previous Article 14-2 moved to Article 14-3 <Sep. 15, 2022>]

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