Ruling cancels denial of Korean nationality restoration after U.S. citizenship

Who this helps

This may help people curious about how courts review nationality restoration denials tied to military service and foreign citizenship. It reflects only the facts of this one case.

Case overview

Case number

2024구합56511

Court

Seoul Administrative Court

Posted on original board

Apr 16, 2025 (Wed)

Topic

Nationality & Naturalization

Original title (Korean)

[일반] 대한민국 국민인 부모 사이에서 1986년 출생해 미국에서 교육을 받아오다 만 36세에 미국 시민권을…

A person born in 1986 to Korean parents and educated in the United States obtained U.S. citizenship at age 36 and lost Korean nationality. The person then applied for nationality restoration but received a denial. A lawsuit was then filed against the Minister of Justice seeking cancellation of the denial.

Can nationality restoration be denied because of suspected military service avoidance?

The plaintiff was born in 1986 to Korean parents and was educated in the United States. He gave up Korean nationality by obtaining U.S. citizenship at age 36. His restoration application was denied, and he sued the Minister of Justice. The dispute was whether he got U.S. citizenship in order to avoid military service.

How the court ruled

The court cancelled the denial. On the day the person obtained U.S. citizenship, the person was already exempt from military service under the Military Service Act, had studied entirely abroad since high school, and had stated in the application a plan to perform military service as professional research personnel or social service personnel. Considering these circumstances together, the court found it hard to conclude that the person obtained U.S. citizenship to avoid military service.

What to check in a similar situation

Details on how nationality restoration applications and military service status are handled can be checked with the immigration and foreign nationals offices and the court that handled the case.

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

Terms explained

Nationality restoration

A procedure in which a person who lost Korean nationality applies to get it back. The authorities decide whether to grant it.

Cancellation of a disposition

A court decision that removes the legal effect of an administrative decision found unlawful. Here, the denial of restoration was canceled.

Military service obligation

A duty under the Military Service Act. On the day he got U.S. citizenship, the plaintiff's obligation had been exempted.

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 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 · Seoul High Court

See all 11 rulings on Nationality & Naturalization →

Frequently asked questions

Who filed the lawsuit and against whom?

A person who lost Korean nationality after getting U.S. citizenship sued the Minister of Justice after being denied nationality restoration.

How did the court rule?

The court canceled the denial. It found it hard to say the plaintiff got U.S. citizenship to avoid military service, citing his exemption at the time, his schooling abroad, and his stated service plan.

Does this result apply to every similar case?

No. It is the court's judgment in this one case and does not apply as is to other cases.