Nationality & NaturalizationAdministrative
Ruling Upholds Rejection of a Report of Renunciation of Nationality
The short answer: The court upheld the rejection, so the plaintiff who brought the suit lost.
The court found that the rejection of a report of renunciation of nationality was lawful. It viewed the plaintiff's actual center of living as the Republic of Korea, so the requirement of holding a foreign address was not met.
Who this helps
This may help people curious about how the foreign-address requirement was assessed after a report of renunciation was returned. It shows what the court looked at where the person had lived mostly in Korea.
Case overview
- Case number
- 2024구합85625
- Court
- Seoul Administrative Court
- Posted on original board
- Topic
- Nationality & Naturalization
- Original title (Korean)
[일반] 원고가 대한민국에 입국한 이래 국적이탈신고 당시까지 대부분의 기간…
This is a case in which a lawsuit was filed claiming that the rejection of a report of renunciation of nationality was wrong. The plaintiff lived with their parents in Korea for most of the period from entering the Republic of Korea until the time of the report.
Is it lawful to return a renunciation report when the person lived mostly in Korea?
A lawsuit claimed that the return of a report of renunciation of nationality was wrong. The plaintiff had lived mostly in Korea with their parents from arrival until the report was filed. The court found that the plaintiff's real base of life could be seen as Korea. It therefore held that the foreign-address requirement was not met.
How the court ruled
The court found that the plaintiff's actual center of living could be regarded as the Republic of Korea. Therefore, the requirement of holding a foreign address was not met, and the court held that the rejection of the report of renunciation of nationality was lawful.
What to check in a similar situation
The requirements and filing procedure for a report of renunciation can be checked with official bodies such as immigration and foreigner offices. Procedures for challenging a return can be checked with the courts.
- Find your immigration office
- Find support centers
- Contacts: Immigration Contact Center 1345
Terms explained
- Report of renunciation of nationality
- A notice to the authorities that a person wishes to give up Korean nationality.
- Return of a report
- A decision by an agency to send a report back instead of accepting it.
- Foreign-address requirement
- A condition that the person holds an address abroad. The court found it was not met here.
- Real base of life
- The place that is truly the center of a person's life, not just an address on paper.
More rulings on this topic
- 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
- 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
Frequently asked questions
Who brought the lawsuit?
A person whose report of renunciation of nationality was returned. They said the decision was wrong. They had lived mostly in Korea with their parents since arriving.
How did the court rule?
It found that the plaintiff's real base of life could be seen as Korea. So the foreign-address requirement was not met, and the return was held lawful.
Does this result apply as is to similar cases?
No. It is the court's ruling in this case and does not apply as is to other cases.
Source and original
Source: Republic of Korea Courts, Major Rulings of Courts Nationwide
View original ↗https://www.scourt.go.kr/portal/dcboard/DcNewsViewAction.work?seqnum=27931&gubun=44
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