"If Born in the U.S., Can You Avoid Military Service? Examining Nationality Law Amid the Era of 200,000 Dual Nationals"

Cannot Receive Foreigner Benefits in Korea

Frequent Use of Foreign Passport May Lead to Order to Choose Nationality

Men Must Carefully Observe Deadlines for Military Duty and Renunciation of Nationality

It has been 15 years since the revised Nationality Act came into effect in 2011, permitting "limited dual nationality" in South Korea. The number of dual nationals has quickly surpassed 200,000, but confusion over nationality selection, military service, and the use of foreign passports persists. In particular, whenever the so-called "birth tourism" controversy involving celebrities giving birth abroad arises, claims such as "If you are born in the United States, you can avoid military service," or "You can use the nationality most advantageous to you in Korea or abroad" are repeatedly made.

It has been 15 years since South Korea allowed "limited dual citizenship" under the revised Nationality Act implemented in 2011. The number of dual citizens has rapidly increased, surpassing 200,000, but confusion remains regarding nationality selection, military service, and the use of foreign passports. The Asia Business Daily DB

On August 19, Yonhap News conducted a fact check on public misconceptions about dual nationality and the current Nationality Act. First, the current law is stricter than most people believe. South Korea still maintains the principle of single nationality, and only recognizes dual nationality under certain conditions.

Number of dual nationals surpasses 200,000... Over half are 'congenital dual nationals'

Globally, more countries are recognizing dual nationality. Some surveys report that around 70% of countries allow dual nationality fully or partially. Since 2011, South Korea has also partially recognized dual nationality under conditions such as a pledge not to exercise foreign nationality within Korea.

The most common misunderstanding regarding dual citizenship is that if a person is born as a dual citizen, they can automatically retain both nationalities for life. In principle, those who become dual citizens before the age of 20 must choose their nationality by the age of 22, and those who become dual citizens after the age of 20 must select their nationality within two years from that point. The Asia Business Daily

According to the National Assembly Research Service, the number of dual nationals in Korea increased from 15,235 in 2011 to 107,388 in 2018, surpassing 205,196 by 2023. Of these, 106,755 were congenital dual nationals who acquired both Korean and foreign nationality at birth, accounting for 52.6%. Those who obtained dual nationality through marriage or naturalization totaled 66,037, and those who restored nationality for permanent residence after the age of 65 reached 23,875. However, as government statistics are based on declarations and confirmation by relevant institutions, the actual number of dual nationals could be larger.

The most common misconception about dual nationality is that those born with dual nationality can automatically retain both nationalities for life. In principle, those who became dual nationals before the age of 20 must choose their nationality before turning 22. If dual nationality was acquired after age 20, the person must choose within two years from that point. However, if a pledge of non-exercise of foreign nationality is submitted to the Minister of Justice within the stipulated time, it is possible to keep Korean nationality without renouncing the foreign one.

Conversely, if the deadline for nationality selection is missed and no action is taken, the Minister of Justice may order the person to choose a nationality, and failure to comply may result in the loss of Korean nationality. The rule is even clearer for those acquiring foreign nationality by personal choice: if an individual voluntarily acquires a foreign nationality via immigration or naturalization, their South Korean nationality is, in principle, automatically lost. However, in exceptional cases such as international marriage or overseas adoption as specified by law, dual nationality may be maintained through notification and a pledge of non-exercise of foreign nationality.

"If you are born in the U.S., you don't have to serve in the military?" Birth tourism is even more strictly regulated

For male dual nationals, the biggest variable is military service. Male congenital dual nationals with mandatory military obligations must, in principle, report the abandonment of Korean nationality by March 31 of the year they turn 18 in order to relinquish their Korean citizenship before military service. If this deadline is missed, it becomes difficult to freely renounce Korean nationality until military obligations are fulfilled. Regulations are especially strict for cases considered "birth tourism."

A dual national who repeatedly enters and exits Korea using a foreign passport or attempts to exercise foreigner rights domestically through foreigner registration or residence reporting may be ordered by the Minister of Justice to choose one nationality within six months. The Asia Business Daily

If the mother has resided abroad temporarily (without the intent of permanent residency) and has given birth specifically to grant foreign nationality to her child, then even male children cannot freely renounce Korean nationality before the age of 18. Nationality can only be renounced after the completion or exemption of military service. Therefore, acquiring foreign citizenship through birth abroad does not allow immediate avoidance of Korean military obligations. For both men and women, if the case is deemed as birth tourism, maintaining dual nationality solely through a pledge of non-exercise of foreign nationality is also restricted. However, if the parents have resided abroad for an extended time, have obtained permanent residency or nationality, or if there are legitimate reasons such as studies, overseas posting, or employment, such situations are distinguished from birth tourism.

Dual nationals are regarded as 'Korean citizens' in Korea... Taxation and penalties are the same

The belief that dual nationals in Korea can switch between Korean and foreigner status and receive various advantages is also mistaken. According to the Nationality Act, dual nationals are, in principle, regarded only as Korean citizens within South Korea. Obligations like military service and taxation, as well as penalties for crimes, are no different from those for single-nationality Koreans. Dual nationals cannot receive tax exemptions designed for foreign workers by claiming foreigner status. The use of facilities exclusively for foreigners or seeking consular protection from foreign governments while in Korea are also restricted. When entering or exiting Korea, they are required to use their Korean passport as a rule.

If a dual national repeatedly enters or exits Korea using a foreign passport or exercises foreigner rights domestically through foreigner registration or residence notification, the Minister of Justice may order the selection of a single nationality within six months. In other words, the law does not allow dual benefit by choosing whichever status is convenient depending on the situation.

It is also not true that dual nationals in Korea can choose to be recognized as foreigners when necessary and receive various benefits. According to the Nationality Act, dual nationals are, in principle, treated solely as Korean citizens within the Republic of Korea. The Asia Business Daily

Nevertheless, the trend of recognizing dual nationality is spreading globally as the movement of people and capital intensifies. South Korea has also gradually expanded the scope of dual nationality, mainly for overseas Koreans and elderly individuals restoring nationality. However, the basic principle of domestic law remains clear. Even if dual nationality is recognized, individuals must still fulfill their duties and responsibilities as citizens in South Korea.

In particular, the rules concerning the renunciation of nationality and military service for congenital male dual nationals vary depending on age and the reasons for staying abroad. Before acquiring a foreign nationality or deciding on nationality selection, it is necessary to first check which deadline and rules apply under the Nationality Act and the Military Service Act, rather than simply assuming that maintaining both nationalities is possible.

This content was produced with the assistance of AI translation services.