Ruling on the rejection of a nationality renunciation report by a dual national who lived in Korea with a father serving in U.S. Forces Korea

Who this helps

This may help people curious about a case where a dual national's nationality renunciation report was returned because of a base of life in Korea.

Case overview

Case number

2022누54278

Court

Seoul High Court

Date of judgment

Jul 11, 2023 (Tue)

Topic

Nationality & Naturalization

Original title (Korean)

복수국적자의 국적이탈신고 당시 주한미군인 아버지를 따라 한국에서 생활하였고 그때까지 국내에서 보낸 기간이…

The applicant is a dual national born in the United States. The father held Korean nationality and later acquired U.S. nationality; the mother is a U.S. national. The father was posted to U.S. Forces Korea, and the family lived in Korea for about 8 years, where the applicant attended a school on a U.S. military base. In 2018, as a high school student, the applicant reported renunciation of Korean nationality. The Minister of Justice refused to accept the report, citing a base of life in Korea.

Can a renunciation report be returned just because someone lived long in Korea?

The applicant is a dual national born in the U.S. The father was posted to U.S. Forces Korea, so the applicant lived in Korea with the parents for about 8 years and attended a school on a U.S. base. The applicant filed the report in 2018 as a high school student. The Minister of Justice returned it, saying there was a base of life in Korea. The court held that having a daily-life base in Korea does not immediately mean there is no base of life abroad.

How the court ruled

The court held that a base of daily life in Korea does not immediately mean no base of life abroad. It examined whether the stay in Korea was for continued residence or a temporary occasion, whether the person lived with parents, whether special treatment applied under international law or treaties, and whether the person has actually lived at the reported foreign address for a considerable period and still maintains economic ties there. If that address is the base of life and a return there soon is expected, it falls under having a domicile abroad under the Nationality Act. The applicant won.

What to check in a similar situation

The reason for returning a renunciation report can be confirmed with the immigration office that received it and the Ministry of Justice. The procedure for challenging a return can be confirmed with the courts.

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

Terms explained

Dual national

A person who holds the nationality of two or more countries at the same time.

Nationality renunciation report

A report stating that a person gives up Korean nationality.

Return decision

An administrative decision that sends a report back without accepting it.

Base of life

The main place where a person lives daily. In this case, the dispute was whether Korea or the foreign country was that place.

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 brought the lawsuit?

A dual national born in the U.S. brought it, after the Minister of Justice returned the renunciation report.

How did the court decide?

The court held that a daily-life base in Korea does not immediately mean there is no base of life abroad. The applicant won.

Does this result apply as-is to similar cases?

It is the decision in that case and does not apply as-is to other cases. The court looked at things like the purpose of the stay, living with parents, and life at the foreign address.