Court upholds denial of nationality restoration, finding nationality was lost to avoid military service

Who this helps

This may help people who lost Korean nationality by obtaining foreign citizenship and later applied to restore it. It is most relevant where military service was an issue.

Case overview

Case number

2016구합2267

Court

Seoul Administrative Court

Date of judgment

Aug 18, 2016 (Thu)

Topic

Nationality & Naturalization

Original title (Korean)

원고에게 대한민국 국적을 상실할 당시 병역을 기피할 목적이 있었다고 보아, 원고의 국적회복허가 신청에 대한 불허…

This case was brought by a person who applied for permission to regain Korean nationality and received a denial. About 1 year before being enrolled in military service liability, which begins at age 18, this person emigrated to the United States. The person obtained U.S. citizenship around October 1995. The application for nationality restoration was made in September 2014, after the person had been exempted from military service.

Can nationality restoration be denied if nationality was lost to avoid military service?

The applicant sought permission to restore Korean nationality and sued after the application was denied. The applicant had emigrated to the United States about one year before being placed in the first national service reserve category. The applicant obtained U.S. citizenship around October 1995 and applied for restoration in September 2014, after the military service duty had been lifted. The court found the nationality was lost with the purpose of avoiding military service, so the denial was lawful.

How the court ruled

The court held that it was right to find that the applicant lost Korean nationality for the purpose of avoiding military service. It relied on points such as the applicant entering and staying in Korea before a month had passed after obtaining citizenship, and staying continuously from July 1997. The applicant obtained citizenship at around age 27, when the military service obligation had to be fulfilled, and stayed in the United States for less than 2 years until 2006, when the applicant was exempted from military service. Therefore, the decision not to permit nationality restoration was found to be lawful.

What to check in a similar situation

Details on how a nationality restoration application is reviewed can be checked with the immigration and foreigner offices or the Ministry of Justice. The court that handled the case can confirm the case record.

• Find your immigration office
• Find support centers
• Contacts: Immigration Contact Center 1345

Terms explained

Nationality restoration permit

Official permission for a person who lost Korean nationality to regain it. The authorities decide whether to grant it after reviewing the application.

Purpose of avoiding military service

The reason behind losing nationality. Here the court inferred it from the timing of citizenship and the applicant's stays in Korea.

First national service reserve category

A category used for men subject to military service duty. The applicant had emigrated shortly before being placed in it.

More rulings on this topic

• Ruling Upholds Rejection of a Report of Renunciation of Nationality · Seoul Administrative Court
• Ruling That Denial of Naturalization to a Person With a Criminal Record Was Not Unlawful · Seoul Administrative Court
• Ruling cancels denial of Korean nationality restoration after U.S. citizenship · Seoul Administrative Court

See all 11 rulings on Nationality & Naturalization →

Frequently asked questions

Who filed the lawsuit?

A person who lost Korean nationality after obtaining U.S. citizenship. The person sued after the nationality restoration application was denied.

How did the court decide?

The court found the applicant lost Korean nationality to avoid military service. It held that the denial of restoration was lawful.

Does this result apply to every similar case?

No. It is the court's decision on this particular case and does not apply as is to other cases.