South Korea

ADULT ADOPTEE — simplified naturalization (간이귀화): a foreigner who was adopted by a ROK national AND was an adult under the Korean Civil Act at the time of adoption (입양 당시 「민법」상 성년) may obtain naturalization permission with at least 3 consecutive years' domicile in the ROK, waiving only the §5(1) 5-year-residence and §5(1의2) permanent-residence requirements; the other §5 requirements still apply.

MINOR ADOPTEE (adopted by a Korean parent) — special naturalization (특별귀화): a foreigner whose father or mother is a ROK national may obtain naturalization with domicile in the ROK and WITHOUT the §5 residence/PR/age/livelihood requirements (§5 subpara 1, 1의2, 2, or 4 waived), EXCEPT that a person adopted as an ADULT under the Civil Act is expressly EXCLUDED from this route. Thus the §7(1)1 special-naturalization route is available to a Korean national's child adopted as a MINOR (and to natural children), but adult adoptees fall instead under §6(1)3 simplified naturalization.

INTERCOUNTRY-ADOPTEE RESTORATION with dual nationality: a person adopted by an alien before reaching majority under the Korean Civil Act, who then acquired a foreign nationality and continuously resided abroad, may — on obtaining nationality recovery (국적회복) under §9 — retain dual nationality by pledging to the Minister of Justice not to exercise the foreign nationality in the ROK (외국국적 불행사 서약), instead of renouncing it. This is the principal pathway for overseas Korean-born adoptees to reacquire ROK nationality.

POSITIVE DISCONFIRMATION OF GENERAL JUS SOLI: the ROK has NO general jus soli (birthright nationality from mere birth on territory). Nationality at birth is conferred ONLY by descent (§2(1)1-2), plus two narrow territorial SAFEGUARDS — birth in ROK to unknown/stateless parents (§2(1)3) and the foundling presumption (§2(2)). A child born on ROK soil to foreign (non-Korean, non-stateless) parents does NOT acquire ROK nationality by birth.

A person born in the ROK acquires ROK nationality at birth if both of the person's parents are unknown (부모가 모두 분명하지 아니한 경우) OR the parents have no nationality (국적이 없는 경우) — i.e. a statelessness-at-birth safeguard. This is a narrow residual territorial rule, not general jus soli.

ACCOMPANYING / CONCURRENT ACQUISITION (수반취득): a child of an alien who is a minor under the Korean Civil Act (대한민국의 「민법」상 미성년인 사람) may, when the father or mother applies for naturalization permission, concurrently apply for acquisition of ROK nationality.

ACCOMPANYING ACQUISITION ON RESTORATION: §8 (accompanying minor acquisition) applies mutatis mutandis to acquisition of nationality through recovery/restoration (국적회복) under §9 — so the minor child of a parent who is restoring (not only naturalizing) ROK nationality may concurrently acquire nationality with the restoring parent.

DETERMINATION OF NATIONALITY (국적판정, 국적법 제20조): where a person's ACQUISITION or RETENTION of ROK nationality is UNCLEAR (취득이나 보유 여부가 분명하지 아니한), the Minister of Justice MAY, after examination (심사), DETERMINE (판정) their nationality. This is a DECLARATORY administrative determination (not an acquisition route) — the procedure/details are set by Presidential Decree. Distinct from 국적회복 (§9, for FORMER nationals) and 인지/귀화. Often used for ethnic Koreans from China/CIS (조선족·고려인) and others whose ROK-national status is contested.

A person acquires ROK nationality at birth if, at the time of the person's birth, the father OR the mother is a national of the Republic of Korea (bilineal jus sanguinis / 부모양계혈통주의). This is the core descent route.

A foreigner who is acknowledged (인지/認知) by a ROK-national father or mother may acquire ROK nationality by NOTIFYING (신고) the Minister of Justice, provided BOTH requirements are met: (i) the person is a minor under the Korean Civil Act (미성년); and (ii) at the time of the person's birth, the father or mother was a ROK national.

1998 BILINEAL TRANSITIONAL MEASURE (maternal-line cohort): a person BORN BETWEEN 14 June 1978 and 13 June 1998 to a MOTHER who was a ROK national could acquire ROK nationality by REPORTING (신고) to the Minister of Justice, where (1) the mother is currently a ROK national, OR (2) if the mother has died, she was a ROK national at the time of death. This remedied the pre-1998 patrilineal rule (under which a child of a Korean mother + foreign father did not acquire nationality at birth).

외국국적불행사서약 (pledge not to exercise foreign nationality) — the operative dual-nationality-retention mechanism for ACQUIRERS of ROK nationality is §10(2): instead of renouncing within 1 year, the following may pledge and keep dual nationality — (1) at naturalization, a person under §6(2)1-2 (marriage spouse routes) OR §7(1)2-3 (distinguished service / excellent talent); (2) a §9-reinstated person recognized under §7(1)2-3; (3) a person adopted abroad as a minor who acquired foreign nationality and resided abroad, reinstated under §9; (4) a person reinstated under §9 who entered ROK to permanently reside after fully turning 65 (만 65세); (5) a person who cannot renounce due to foreign law, prescribed by Presidential Decree. The by-birth dual-national pledge routes instead through §13/§11-2.

NK Defectors protection-decision procedure & exclusions (§8-§9): the Minister of Unification decides protection eligibility after deliberation by the Consultative Council (협의회); for persons likely to seriously affect national security, the Director of the National Intelligence Service decides. A person MAY be EXCLUDED from 보호대상자 status (but this does NOT strip ROK nationality) where: (1) international criminal (hijacking/drug-trafficking/terrorism/genocide); (2) serious non-political crime (e.g. murder); (3) suspected disguised escape (위장탈출); (5) applied for protection >3 years after entry to ROK (subject to unavoidable-circumstance exceptions); (6) other Presidential-Decree grounds. Excluded persons may still receive partial support. Settlement-support facility (정착지원시설, e.g. 하나원) established under §10.

SAKHALIN KOREANS special support (사할린동포 지원에 관한 특별법): '사할린동포' = ethnic Koreans (한인) born in or who migrated to Sakhalin by 1945-08-15 (liberation). The Act provides 영주귀국 (permanent return) and settlement support (travel, initial settlement, housing) for Sakhalin Koreans and defined accompanying family. It is a SUPPORT/repatriation statute — it does NOT itself confer ROK nationality; Sakhalin returnees who are former/ethnic Koreans typically regain ROK status via 국적회복 (reinstatement, §9) under the Nationality Act.

Constitutional Court 2016헌마889 (2020-09-24, 헌법불합치 + 기각): the Court held 국적법 제12조제2항 본문 AND the portion of 제14조제1항 단서 relating to §12(2) main text — which barred a male dual national who passed the 3-month-after-병역준비역-편입 selection window from renouncing ROK nationality until his military obligation is resolved, WITHOUT exception even where missing the window was not his fault — DISPROPORTIONATELY infringes the freedom to renounce nationality (국적이탈의 자유, 과잉금지원칙 위배). 7:2 (2 dissenting justices upheld on 병역부담평등 grounds). The impugned provisions were ordered to continue applying until the legislative deadline 2022-09-30; if not amended they would lose effect from 2022-10-01. The companion challenge to 시행규칙 제12조제2항제1호 (family-relations-certificate attachment) was DISMISSED (기각).

EXCEPTIONAL renunciation permission (예외적 국적이탈 허가 / 대한민국 국적의 이탈에 관한 특례, current §14-2): a male dual national who (i) was born abroad OR emigrated abroad before age 6 AND continuously kept his main basis of life (주된 생활의 근거) abroad, and (ii) failed to file a §14 renunciation within 3 months of 병역준비역 편입 for a JUSTIFIABLE cause (정당한 사유), MAY apply to the Minister of Justice for exceptional permission to renounce ROK nationality post-deadline. The Minister decides considering birthplace, how dual nationality arose, and fairness of military-service performance, on advice of the 국적심의위원회. This provision is NEW (inserted by Act No. 18978, eff. 2022-10-01) and is the direct legislative remedy to the 2016헌마889 헌법불합치 decision.

REVOCATION for fraud (허가 등의 취소, §21): the Minister of Justice MAY revoke (취소할 수 있다) a permission for naturalization, permission for recovery of nationality, or adjudication of nationality retention obtained by 'false or other wrongful means' (거짓이나 그 밖의 부정한 방법). Standards/procedure delegated to Presidential Decree. This is a DISTINCT involuntary-loss mechanism from both §14 voluntary renunciation and §14-4 (current) state deprivation of dual nationals.

DEPRIVATION (state-initiated loss determination / 국적상실결정): the Minister of Justice MAY, after a HEARING (청문), determine the loss of ROK nationality of a MULTIPLE NATIONAL whom it is deemed obviously inappropriate to retain ROK nationality, on grounds: (1) acts contrary to ROK national interests in national security, diplomatic relations, national economy etc.; (2) acts prescribed by Presidential Decree causing substantial hindrance to maintaining social order. CRITICAL EXCLUSION: this does NOT apply to a person who acquired ROK nationality BY BIRTH (출생에 의하여 대한민국 국적을 취득한 자는 제외). Loss takes effect at the time the determination is made. This is DISTINCT from §14 voluntary renunciation and from §21 fraud-revocation.

Marriage-based naturalization is located at 국적법 제6조제2항 (within the 간이귀화 / facilitated-naturalization article) — there is NO separate 'marriage' article. An alien whose spouse is a ROK national may naturalize WITHOUT meeting 제5조제1호 (5-year domicile) and 제5조제1호의2 (PR prerequisite) if they fall into one of four 제6조제2항 sub-categories. The spouse-of-Korean route is structurally a sub-type of facilitated naturalization, not 제7조 special naturalization (the 'Article 7 for spouses' framing is a refuted model error, fabrication catch A4).

Marriage-naturalization post-dissolution discretionary route: a foreign spouse who FAILED to complete the 제6조제2항제1호/제2호 married-domicile period may still qualify if, while domiciled in the ROK and married, they became unable to sustain normal married life due to the spouse's death or disappearance OR other causes NOT attributable to the applicant ('그 배우자의 사망이나 실종 또는 그 밖에 자신에게 책임이 없는 사유'), provided they have fulfilled the remaining period under 제1호/제2호 and the Minister of Justice deems it reasonable (상당하다고 인정), per 국적법 제6조제2항제3호. A domestic-violence-driven marriage breakdown is absorbed into this residual 'not-applicant's-fault' clause (there is no separately named DV category in 제6조).

General naturalization (일반귀화) is the residual naturalization route: a foreigner must meet ALL six requirements of 국적법 제5조 to obtain naturalization permission (귀화허가) from the Minister of Justice, EXCEPT where the facilitated (제6조) or special (제7조) naturalization routes apply. The decision authority is 법무부장관 (Minister of Justice), who under 제4조제2항 examines whether the 제5조~제7조 requirements are met and grants permission only to those who satisfy them.

Facilitated/simplified naturalization (간이귀화) via Korean-connection categories: an alien with a 주소 (domicile) in the ROK for at least THREE consecutive years may naturalize WITHOUT meeting 제5조제1호 (5-year domicile) and 제5조제1호의2 (영주자격/PR prerequisite), if they fall into one of three 제6조제1항 categories: (1) a person whose father or mother WAS a Korean national ('부 또는 모가 대한민국의 국민이었던 사람'); (2) a person born in the ROK whose father or mother was also born in the ROK; (3) a person adopted by a Korean national who was an adult under the Civil Act at the time of adoption. The OTHER 제5조 requirements (adult, good conduct, livelihood, basic knowledge, ministerial acknowledgment) STILL APPLY.

POSSIBLE post-2018978 amendment (UNCONFIRMED) — a WebFetch summary of the law.go.kr amendment-history surfaced a possible '법률 제21725호, 공포 2026-06-02, 시행 2026-12-03' touching simplified naturalization for spouses/descendants of independence-merit recipients and marriage-authenticity. If real, a 2026-12-03 EIF would be PROSPECTIVE (not yet in force as of 2026-06-21).

Restoration of nationality (국적회복) — core route: an alien who WAS formerly a national of the ROK ('대한민국의 국민이었던 외국인') may acquire ROK nationality by obtaining nationality-restoration permission (국적회복허가) from the Minister of Justice, per 국적법 제9조제1항. Restoration is a DISCRETIONARY permission (허가) for FORMER nationals — it is structurally distinct from naturalization (귀화, 제4-제7조, for persons who never held ROK nationality) and from reacquisition by report (재취득, 제11조).

Restoration with dual-nationality retention — three special categories: a person who obtains restoration under 제9조 MAY pledge not to exercise foreign nationality (외국국적 불행사 서약) and retain dual nationality if they fall into one of: (제10조제2항제2호) a restored person whom the Minister recognizes as falling under 제7조제1항제2호/제3호 (distinguished-service / excellent-talent); (제10조제2항제3호) a person adopted by an alien before majority who acquired foreign nationality, resided abroad, and then obtained restoration (overseas adoptee); (제10조제2항제4호) a person who, after residing abroad, entered the ROK to permanently reside AFTER fully turning 65 years of age and obtained restoration ('외국에서 거주하다가 영주할 목적으로 만 65세 이후에 입국하여 제9조에 따라 국적회복허가를 받은 자' — the senior-65 dual-nationality route). The 65-age rule lives in 제10조제2항제4호, NOT in 제9조 itself.

Reacquisition by report (국적의 재취득) — distinct from discretionary restoration: a person who LOST ROK nationality under 제10조제3항 (auto-loss for failing to renounce foreign nationality / pledge within the one-year period after acquiring ROK nationality) may REACQUIRE ROK nationality by renouncing the foreign nationality within ONE year of that loss and REPORTING (신고) to the Minister of Justice, per 국적법 제11조제1항. Nationality is acquired at the time of the report (제11조제2항). This is a declaratory REPORT mechanism (신고), NOT a discretionary 회복 permission (허가) — it must be kept distinct from 제9조 restoration.

Special naturalization (특별귀화) architecture: an alien with a 주소 (domicile) in the ROK may naturalize WITHOUT meeting 제5조제1호 (5-year domicile), 제5조제1호의2 (PR prerequisite), 제5조제2호 (adult capacity) OR 제5조제4호 (livelihood capacity), if they fall into one of three 제7조제1항 categories. Note the waiver set is precisely '제5조제1호ㆍ제1호의2ㆍ제2호 또는 제4호' — the 제5조제3호 (good conduct), 제5조제5호 (basic knowledge) and 제5조제6호 (ministerial acknowledgment) requirements are NOT waived for special naturalization.

Special naturalization — distinguished-service (특별공로) category: an alien who has rendered special/great contribution to the ROK ('대한민국에 특별한 공로가 있는 사람') may obtain special naturalization under 국적법 제7조제1항제2호. The standards and procedures for determining 제2호 (and 제3호) persons are prescribed by Presidential Decree (제7조제2항). Per the Enforcement Decree (국적법 시행령 제6조), distinguished-service criteria include independence-movement contribution and recipients of state decorations/merit; candidates are recommended by central administrative agency heads, the National Assembly Secretary-General, overseas-mission heads, local-government heads, and 4-year university presidents, with a 국적심의위원회 (Nationality Deliberation Committee) reviewing and the Minister of Justice making the final grant.

Special naturalization — excellent-talent (우수인재) category: an alien with very excellent ability in a specific field such as science, economy, culture or sport, who is recognized as contributing to the national interest of the ROK ('과학ㆍ경제ㆍ문화ㆍ체육 등 특정 분야에서 매우 우수한 능력을 보유한 사람으로서 대한민국의 국익에 기여할 것으로 인정되는 사람') may obtain special naturalization under 국적법 제7조제1항제3호. This is its OWN subparagraph (제3호), distinct from distinguished service (제2호) — the older 2-item form with a 'Presidential approval' clause is superseded (fabrication catch A5). Evaluation criteria and recommendation are set by an MOJ administrative notice (고시) under 시행령 제6조제2항; the 국적심의위원회 deliberates.