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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.

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

See all 11 rulings on Nationality & Naturalization →

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

See the full Major Rulings board ↗https://www.scourt.go.kr/portal/dcboard/DcNewsListAction.work?gubun=44

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