Special Renunciation of Korean Nationality
Pureum Law Office (PLO) in Seoul is here to help those seeking how to renounce Korean Citizenship via Special Renunciation of Korean Nationality.
How to Renounce Korean Citizenship
The Special Renunciation of Korean Nationality (Special Nationality Renunciation Permit) system was introduced on October 1st, 2022 under an amended Nationality Act. This system allows individuals meeting specific criteria to renounce their Korean nationality under exceptional circumstances. It was specifically established to enable dual nationals who were unable to renounce their nationality before March 31st of the year in which they turned 18 to do so before the age of 38. The system aims to prevent the infringement of their freedom to choose a career due to restrictions associated with maintaining dual nationality.
Purpose of Special Renunciation
The primary goal of the system is to provide relief to dual nationals who face significant challenges due to their inability to renounce their Korean nationality earlier. By granting this exceptional renunciation option, the system addresses issues such as career restrictions, legal conflicts, and mobility challenges that arise from maintaining dual nationality. It reflects South Korea’s commitment to balancing the individual rights of its citizens with national and international considerations.
Special Renunciation Application
Applicants must meet specific formal and substantive requirements to qualify for the Special Renunciation of Korean Nationality:
- Formal Requirements:
- The applicant must have been born in a foreign country and maintained a primary domicile abroad.
- Continuous residence outside South Korea since birth is required.
- Substantive Requirements:
- The applicant should not have exercised rights exclusive to South Korean citizens, such as voting or national benefits, for a significant period.
- The inability to renounce nationality earlier must be due to justifiable reasons, such as misinformation or exceptional circumstances.
- The current inability to renounce nationality must result in substantial career limitations or comparable hardships.
Applications must be submitted at overseas diplomatic offices, which forward the documents to the Nationality Division of the Ministry of Justice. The Nationality Deliberation Committee reviews substantive requirements after verifying the formal criteria. Upon approval, the applicant can officially renounce their nationality.
Key Considerations
Given the complexity of the process, applicants should consider the following:
- Documentation: Comprehensive and accurate evidence is essential to avoid delays or rejections.
- Understanding Criteria: The interpretation of subjective terms like “justifiable grounds” plays a crucial role in the decision-making process.
- Professional Support: Engaging legal experts can significantly improve the chances of success, as they help navigate procedural complexities effectively.
Success Rates and Recommendations
Since the system’s implementation, the overall success rate has been relatively low. According to Ministry of Justice data, the number of approvals granted is as follows:
- June 22, 2023: 9 approvals (MOJ Notice No. 2023-314)
- October 10, 2023: 34 approvals (MOJ Notice No. 2023-533)
- December 19, 2023: 25 approvals (MOJ Notice No. 2023-697)
- April 5, 2024: 30 approvals (MOJ Notice No. 2024-158)
- July 8, 2024: 23 approvals (MOJ Notice No. 2024-305)
- October 24, 2024: 16 approvals (MOJ Notice No. 2024-517)
Total: 137 approvals
Based on these figures, an estimated 400–500 applications have been submitted since the system’s implementation, with only 137 approvals, suggesting an approval rate of just 27%, which highlights the system’s stringent requirements and rigorous review process.
Despite these challenges, PLO has maintained a success rate exceeding 80% in such cases. This underscores the importance of professional legal support. Applicants are strongly encouraged to consult experts to determine their eligibility and prepare a robust application.
By ensuring thorough preparation and leveraging expert guidance, individuals can navigate the complexities of the Special Renunciation of Korean Nationality system effectively, maximizing their chances of approval.
