They grew up South Korean – then found out they may not be citizens
A little-known dual nationality rule has left some people from transnational families facing life as foreigners in the country they call home.
People from transnational families in South Korea are discovering they may not actually be citizens due to a little-known provision in South Korea’s nationality law. (Image: CNA)
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SEOUL: Born and raised in South Korea, a 21-year-old man in Suwon had never questioned his nationality.
Now, he faces uncertainty over whether he is still a South Korean citizen.
He is among many people from transnational families in the country whose citizenship has been thrown into doubt due to a little-known provision in South Korea’s nationality law.
Under the law, people who are citizens of both South Korea and another country from birth may, under certain circumstances, retain both nationalities.
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But a South Korean citizen who voluntarily acquires another nationality after birth loses their Korean citizenship at that point. This can include children whose parents apply for a foreign nationality on their behalf.
“THINKING I WAS 100% KOREAN”
The 21-year-old acquired Russian nationality after his parents registered him for it when he was two.
He has yet to confirm whether he is still a South Korean citizen, fearing what the answer could mean for his livelihood.
“I went to school and lived only in Korea. I lived my entire life thinking I was 100 per cent Korean,” said the man, who asked to remain anonymous.
“And since I also fulfilled my duty of national defence, I have always lived as a citizen of the Republic of Korea.”
He said he fears losing his job while helping to pay his sick father’s hospital bills.
“I haven’t done anything wrong. If I lose my job on top of that, I would be pushed to the edge.”
With changes to the law now being considered, he hopes they will take into account people in situations like his.
Despite the uncertainty over his citizenship, he has been called up for reserve military training in October.
ORDERED TO LEAVE THE COUNTRY
Other affected families told CNA that they were unaware of the rule and had continued living as South Korean citizens for years.
They asked not to be identified for fear of jeopardising their status.
One South Korean father living in Busan has two South Korea-born children with his Australian wife.
For years, the family believed the children were citizens of both countries.
“Whenever we travelled to Australia, the children entered using their Australian passports, and when we came back to Korea, they entered with their Korean passports,” he said.
About four years ago, his wife came across information online suggesting their children’s Korean nationality might not be recognised.
In 2023, the father approached the Busan immigration office to clarify his children’s status.
“They issued a departure order, essentially saying, ‘You are no longer Korean nationals, so you must leave Korea,’” he said.
Bills also began arriving, demanding repayment of childcare subsidies and health insurance benefits the family had received, totalling about 15 million won (US$11,000), he said.
His wife and children left South Korea to comply with the departure order. They returned days later using their Australian passports – this time as foreigners – to begin the process of restoring their Korean nationality.
“If I had known, I simply wouldn’t have applied for Australian citizenship for my children,” the father said.
He said he had contacted the Ministry of Justice before applying and believed there would be “no problem”.
FAMILIES SAY THEY RECEIVED CONFLICTING ADVICE
Other parents said they had also sought official advice, only to receive information that appeared to contradict the rule.
One father in Ansan shared with CNA a recording of a call to the Immigration Contact Center, in which he had asked about his child’s dual nationality.
“I heard that if my child was born in Korea, but I register the birth at the Russian Embassy, it could strip them of their Korean nationality,” he asked in the call.
“No. From birth, the child is a dual national,” the official replied.
When asked whether his son could keep both nationalities, the official said: “Yes, that’s right.”
But the father said he received a very different answer when he later contacted the Justice Ministry’s Nationality Division.
“That’s when they finally explained it to me clearly. They told me that under Article 15 of the Nationality Act, if you acquire another country’s nationality, Korean nationality is lost from that moment.”
The Justice Ministry said it provides guidance through the Immigration Contact Center and regularly trains officials.
MORE MULTICULTURAL FAMILIES
The issue is becoming more visible as the number of multicultural families in South Korea grows.
In 2024, South Korea recorded 13,416 births in multicultural families, a 10.4 per cent increase from the previous year.
According to data released by the Ministry of Data and Statistics, these births accounted for 5.6 per cent of all newborns in South Korea in 2024.
But it is unclear how many people may be affected by the nationality issue.
The ministry said cases where Korean nationality was lost after foreign nationality was acquired through a parent’s application or registration are not separately recorded or managed.
GOVERNMENT SEEKS TO CHANGE THE LAW
The Ministry of Justice is pursuing an amendment to the Nationality Act that would allow minor children from international marriages to retain multiple nationalities in circumstances similar to those who have been dual nationals from birth.
It is also considering measures for those who have already lost their Korean nationality – where those who recover it within a specified period after the amendment takes effect could be allowed to retain dual nationality.
But for some affected families, the proposed changes do not go far enough.
Lawyer Kang Seok-jun, who represents about 40 Korean-Russian families, said his clients do not simply want their Korean nationality restored.
“Our clients originally held both Russian and Korean nationalities,” he said.
“They want to be recognised as having legitimately held both nationalities from the outset and to be allowed to maintain both.”
Source: CNA/oc(mp)
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