Nationality Choice Obligation & Limited Dual Nationality (복수국적)

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.

• ROK operates limited (not general) dual nationality. A person who acquires both ROK and a foreign nationality by birth or otherwise under the Nationality Act ('복수국적자' / person of multiple nationalities, as prescribed by Presidential Decree) is treated ONLY as an ROK national in applying ROK laws and regulations (대한민국 국민으로만 처우한다). Multiple nationality as a tolerated status was introduced by the 2010 reform (Act No. 10275, eff. 2011-01-01). - Nationality-choice obligation (국적선택의무): a person who became a multiple national BEFORE fully turning 20 (만 20세) must choose one nationality before fully turning 22 (만 22세); a person who became a multiple national AFTER turning 20 must choose within 2 years from that time. The choice is made under §13 (choosing ROK) or §14 (renouncing ROK). EXCEPTION: a multiple national who has pledged to the Minister of Justice not to exercise foreign nationality in ROK (외국국적불행사서약, §10(2)) is excluded from this deadline. - Male dual nationals & military service (choice timing tied to conscription): notwithstanding the general §12(1) deadline, a person assigned to 병역준비역 (preliminary military service) under Military Service Act §8 must choose one nationality within 3 MONTHS of assignment, OR within 2 years from when one of the §12(3) military-resolution grounds is met. A person whose lineal ascendant stayed abroad WITHOUT intent to permanently reside may file a §14 renunciation (국적이탈신고) only after meeting a §12(3) ground (completed/exempt military service or assigned to wartime labor service). - Procedure to CHOOSE ROK nationality (국적선택 절차, §13): a multiple national choosing ROK WITHIN the §12(1) period may either (a) renounce the foreign nationality OR (b) pledge not to exercise the foreign nationality in ROK (외국국적불행사서약), then declare the choice to the Minister of Justice. A person choosing ROK AFTER the period may declare only after ACTUALLY renouncing the foreign nationality (the pledge option is no longer available post-deadline, except a §12(3)1 person within 2 years). Where the mother is deemed to have resided abroad to give the child foreign nationality at birth, ROK can be chosen only after renouncing the foreign nationality. - 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. - Senior (65) dual-nationality route: a person who, after residing abroad, enters ROK for the purpose of permanently residing therein after fully turning 65 years of age (만 65세 이후) and obtains nationality REINSTATEMENT (국적회복) under §9 may retain dual nationality by pledging not to exercise foreign nationality (§10(2)4) rather than renouncing. The 65-age rule is located in §10(2)4 (the pledge provision), NOT in §9 (reinstatement) itself. - Overseas-adoptee dual-nationality route: a person adopted by an alien BEFORE coming of age under the Korean Civil Act, who acquired the foreign nationality and continued to reside abroad, and who obtains nationality REINSTATEMENT (국적회복) under §9, may retain dual nationality via the §10(2)3 non-exercise pledge. - Order to choose nationality (국적선택명령): the Minister of Justice SHALL (의무) order a multiple national who failed to choose within the §12(1)/(2) period to choose one nationality within 1 year; and MAY (재량) order a person who pledged non-exercise (§10(2)/

Timeline: standard. Document burden: medium. Required: none of residency/language/presence/renunciation.

• 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). - Constitutional ARC (predecessor) — 2013헌마805 (병합 2014헌마788, decided 2015-11-26, 기각): an EARLIER Constitutional Court challenge to the SAME provisions (국적법 제12조제2항 본문 + 제14조제1항 단서) was DISMISSED — the 6-justice majority UPHELD the 3-month-post-병역준비역-편입 selection deadline / renunciation restriction as a reasonable balance between liberty and military-service equality (병역부담평등); 4 justices dissented. This establishes the doctrinal reversal: UPHELD in 2015 -> 헌법불합치 in 2020 (2016헌마889). The 2016헌마889 dissent expressly notes the Court had twice before upheld substantially identical provisions.

• RETENTION DECLARATION for involuntary foreign-nationality acquirers (국적보유신고, §15(2)): an ROK national who acquires a foreign nationality NON-voluntarily — by (1) marriage to an alien, (2) adoption by an alien, (3) acknowledgment (인지) by a foreign parent, or (4) derivative acquisition as the minor child or spouse of a person losing ROK nationality — is deemed to have lost ROK nationality RETROACTIVELY to the date of foreign-nationality acquisition UNLESS he/she declares an intention to RETAIN ROK nationality to the Minister of Justice within 6 MONTHS. §15(3): if the acquisition date is unknown, the date the foreign passport was first issued is presumed.