South Korean nationality law
South Korean identity has been formed in reaction to violence and occupation, and the legislative approach to determining who is worthy of belonging has reflected this.
[3][7] Citizenship (siminkwon) and nationality (kukchok) may be referred to interchangeably in the South Korean context due to a blurriness between these concepts both in legislation and culture.
Foreign women who married South Korean men automatically acquired ROK citizenship but the reverse was not true.
[1] This amendment sought to address the problem of gender inequality in the previous Nationality Law, a concession that the Kim Young-Sam administration planned to reach parity with international standards and bolster transnational relations.
Through an additional amendment to the Nationality Law in 1997, applicants for naturalization on the basis of marriage to a South Korean citizen would first need to establish residency for two years.
In 2010, a new amendment offered South Korean citizenship to talented foreigners, regardless of ethnic background, without the residency requirements for those seeking naturalization through marriage.
[1] Similarly, between 2011 and 2016, several amendments were made that would allow South Korean citizens to maintain multiple citizenships–a dispensation which was expressly prohibited in the years prior.
[2] Despite the absence of ethnic requirements in recent nationality law amendments, opportunities for flexible citizenship tend to attract affluent and highly educated foreigners and Korean Americans.
Advocacy groups representing the interests of undocumented people continue to push for the protection and dignity of migrants under the state.
[4] In 2023, in light of South Korea's aging population and shrinking workforce, the Ministry of Justice announced a proposal to make it easier for children of long-term residents to become naturalized.
A petition against the ministry's proposal gained hundreds of thousands of signatures, and an online hearing was overwhelmed with expletive-laced comments.
[2] The heritage and identities of those whose ancestors migrated away from Korea prior to the establishment of the South Korean state in 1948 were regarded as particularly precarious.
Individuals who are granted nationality by the Ministry of Justice specifically for their exceptional occupational ability or contributions made to the country are also exempt from this requirement.
[22] South Koreans residing abroad who voluntarily acquire a foreign nationality automatically have their ROK citizenship revoked[23] and are obligated to report this change of status to the Ministry of Justice.
If they are found to be ROK citizens,[43] they are entitled to resettlement in South Korea and would receive financial, medical, employment, and educational support as well as other targeted welfare benefits upon arrival.
[50] Nationals of this class who have reported their emigration status to the Ministry of Foreign Affairs may indefinitely defer conscription orders,[51] but would be required to fulfill their service obligations upon their permanent return to South Korea.
These individuals have facilitated work authorization,[54] access to the state healthcare system,[55] and rights equivalent to citizens in property purchases[56] and financial transactions.
[58] After normalization of relations between Japan and South Korea in 1965, the Japanese government granted permanent residency to Zainichi ROK nationals.
[60] Both groups were reclassified in 1991 as special permanent residents (SPR),[61] which granted the Zainichi near-total protection from deportation (except in the most severe cases of illicit activity) and expanded their employment opportunities.
[62] SPR status is specific to this class of individuals with colonial-era origins; more recent South Korean immigrants to Japan cannot apply for this type of residency.
[63] DPRK-affiliated or non-aligned Zainichi do not actively claim ROK nationality and are treated by the Japanese government as if they were stateless,[64] holding a unique Chōsen-seki designation as an alternative.
[65] Although they are considered to already possess ROK nationality, their refusal to exercise that status hinders their ability to travel to South Korea.
Chōsen-seki may request permission to enter the ROK with certificates of travel that are issued by South Korean diplomatic missions at their discretion, but these have been increasingly difficult to obtain since 2009.
South Korea's struggles with recognizing and classifying who should qualify for citizenship reflect both the plasticity of national identities and geographical boundaries.
