Court Rules in Favor of Renouncing Korean Nationality Despite Missed Deadline, Citing Comprehensive Judgment

A court has canceled the Ministry of Justice's decision to reject an application to renounce Korean nationality by a dual citizen over the age of 18 born with multiple nationalities, who had missed the statutory deadline, citing factors such as the fairness of fulfilling military service obligations.

The court determined that a comprehensive assessment must be made, taking into account the circumstances under which the deadline for the report on renunciation of nationality was missed and the applicant's current living base.

The 1-2 Administrative Division of the Seoul High Court (Presiding Judges Cha Moon-ho, Hong Dong-ki, and Yoon Seung-eun) ruled in favor of the plaintiff in the appeal filed by an individual identified as A against the Minister of Justice, seeking to cancel the disposition denying the application for permission to renounce nationality, maintaining the lower court's ruling.

Born to a South Korean father and an American mother, A has resided continuously in the United States.

A belatedly learned about holding dual nationality and thus failed to renounce South Korean nationality within the statutory reporting deadline.

Under the current Nationality Act, individuals born with multiple nationalities must report their intention to renounce Korean nationality by March 31 of the year they turn 18.

However, even if the deadline is missed, applicants may exceptionally apply to the Minister of Justice for permission to renounce nationality if certain requirements are met.

The Ministry of Justice rejected the application, stating that A did not have justifiable reasons for failing to report within the deadline and failed to meet the requirements to be considered for permission to renounce nationality.

In response, A filed a lawsuit, stating, "I have no intention of evading military service and my primary living base is in the United States."

The first instance court considered factors such as the delayed birth registration by A's parents, which prevented A from timely knowing about holding South Korean nationality, and concluded that there was a justifiable reason for missing the nationality renunciation reporting deadline.

The court also rejected the Ministry of Justice's argument that A could not be seen as unaware of nationality-related regulations, given the parents' history of visiting South Korea and the fact that the father is a Korean pastor.

The appellate court similarly judged that, considering A's life is based in the United States, allowing the renunciation of nationality would not undermine the fairness of fulfilling military service obligations.

The bench stated, "Since birth, A has only visited South Korea three times, with an average stay of just 23 days," adding, "A is seeking to secure a job and live in the United States."
※ Please note: This article was translated by AI and may contain errors.