South Korean Nationality Law - Basic Definition

Basic Definition

South Korean nationality can be acquired in a number of ways:

• By being born to either a Korean national father or Korean national mother after June 13, 1998, or to a Korean national father before then.
• By being born in the Republic of Korea to parents who are stateless, or being found abandoned within the territory of the Republic of Korea.
• By being acknowledged by a Korean national parent while still a minor (under 20 years of age).
• By meeting the requirements for naturalization.
• A minor (under 20 years of age) can apply with a foreigner parent who is applying for naturalization.
• Those who were born to a Korean national mother and a foreign national father between June 13, 1978, and June 13, 1998, were able to apply for Korean nationality until December 31, 2004, by notification. (Unlike naturalization, there were no residency requirements and no need to apply from within the Republic of Korea.) This is known as Article 7 of the Addenda (Special Cases of Acquisition of Nationality for Persons of Maternal Line By Adoption of Jus Sanguinis to Both Lines of Parents). Those that fail to apply by the deadline may still be able to acquire Korean nationality by applying for Special Naturalization.

Under the Constitution of the Republic of Korea, Koreans from North Korea are also recognized as Republic of Korea nationals. However, in practice, a formal evaluation needs to take place which requires documentary proof of North Korean nationality. Additionally, Koreans from North Korea do not have automatic protection from the Republic of Korea per se, since those with criminal histories are not accepted as South Korean citizens.