Passport Path
LOSSKR-LOSS-02

Renunciation — Exceptional Permission (post-deadline, 2022 reform)

Citizenship in South Korea

Eligibility
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.
Timeline
standard
Renunciation
Not required

Overview

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.

How to apply

  • NATIONALITY DELIBERATION COMMITTEE (국적심의위원회, 국적법 제22조 — STATUTORY body since Act 18978, 신설 2022-09-15; previously a 시행령 creature). Established under the Minister of Justice to DELIBERATE on: (1) 우수인재 special naturalization (§7(1)3); (2) exceptional renunciation permission (§14의2); (3) loss determination (§14의4); (4) other nationality matters the Minister refers. The Minister MUST pass these through the committee BEFORE the relevant permission/decision (§22(2)), except where requirements are plainly unmet (per Decree). Committee composition/operation: §23 (chair=Vice-Minister of Justice, ≤30 members, 2-yr terms).

Legal basis

Primary statute: 국적법 제14조의2. Operative 2022-10-01–present. Authority: Minister of Justice (법무부장관); Korea Immigration Service (출입국·외국인정책본부).

Example scenarios

  • May apply for EXCEPTIONAL renunciation permission

    Nationality Act Art.14-2 (new 2022, the 2016Hun-Ma889 remedy): born abroad / emigrated before 6 + life-base abroad + justifiable reason; the Minister weighs 6 factors; Art.22 committee deliberation.

  • Loses ROK nationality on acceptance

    국적법 제14조의2 governs voluntary renunciation for those domiciled abroad.

  • May reacquire by report

    Reacquisition (Art.11) follows loss under Art.10(3).

Informational summary compiled from primary legal sources — not legal advice. Citizenship law changes; verify with the competent authority before acting. Last verified 2026-06-22.

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