Court Blocks Dual National's Effort to Give Up Korean Citizenship

Legal Challenge Over Dual Nationality Renunciation

A dual national of the U.S. and South Korea, who spent only 19 days in the U.S. over seven years, attempted to renounce their South Korean nationality but was denied by the court. This case highlights the complexities of dual nationality laws and the strict requirements for renouncing a country's citizenship.

The Seoul Administrative Court Division 6 ruled on June 12 that the Ministry of Justice’s rejection of the nationality renunciation application was justified. The plaintiff, referred to as A, was born in the U.S. in 2005 to a South Korean mother and an American father. As a result, they acquired citizenship in both countries. A lived in the U.S. until August 2015, when they moved to South Korea and resided there for approximately seven years while attending an international school in Incheon.

In June 2022, A traveled back to the U.S. and submitted an application to renounce their South Korean nationality, stating, “I wish to renounce my South Korean nationality.” However, they returned to South Korea about three weeks later. The Ministry of Justice rejected the application in September of the following year, citing that the applicant did not meet the foreign address requirement and was primarily residing domestically.

A contested this decision and filed a lawsuit against the Ministry of Justice. They argued that they had a valid U.S. address, which would allow them to renounce their South Korean nationality. According to Article 14 of the Nationality Act, dual nationals may renounce South Korean nationality and choose a foreign nationality if they have a “foreign address.”

A claimed that the U.S. address provided in the renunciation application was where their father resides while working and where they stay during school breaks while attending a U.S. university. They argued that this qualifies as a place of residence. Additionally, A stated that if renunciation were not permitted, their freedom to choose an occupation would be infringed, as they could not work as a U.S. federal civil servant.

However, the court did not accept A’s arguments. The court emphasized that determining whether the “foreign address” requirement is met involves considering factors such as the actual place of residence and whether domestic stay was temporary or incidental. It concluded that there was insufficient evidence to show that A had a place of residence in the U.S. at the time of the application.

Notably, the court highlighted that from A’s entry into South Korea in August 2015 until their departure in June 2022, they spent only 19 days in the U.S. During this period, A resided with their parents in South Korea, which the court considered their actual place of residence. The court further stated that if the foreign address requirement is not satisfied, the Ministry of Justice cannot accept the nationality renunciation application without discretion, making the rejection lawful.

This case underscores the importance of meeting legal requirements for renouncing a nationality and the challenges faced by dual nationals navigating complex legal systems. The court’s decision reinforces the necessity of demonstrating a genuine connection to the foreign country in order to satisfy the conditions for renunciation.