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SEOUL, Oct. 12 (Korea Bizwire) — A Seoul court has dismissed a lawsuit filed by a dual citizen seeking to renounce South Korean nationality, ruling that he did not meet the legal requirement of maintaining an actual residence abroad despite holding a U.S. address.
According to court records released Sunday, the Seoul Administrative Court’s Sixth Division ruled against a plaintiff identified as A, who was born in 2005 to a Korean mother and an American father and holds both nationalities.
A had lived in South Korea since entering the country in 2015, attending an international school while residing with his parents.
In June 2022, he briefly traveled to the United States, submitted paperwork to renounce his Korean citizenship, and returned a month later. The Ministry of Justice rejected his request in September 2023, citing insufficient proof of residence overseas.
A argued that his father’s U.S. home address, listed on the application, satisfied that requirement. He also claimed that being unable to renounce Korean nationality would limit his career options, including eligibility for U.S. federal employment, thereby infringing on his right to occupational freedom.
However, the court ruled that the requirement of “having an address abroad” refers to an actual and continuous living base, not merely a formal address. The judges noted that A had spent only 19 days in the United States over seven years, while his primary life and schooling were based in Korea.
“The plaintiff’s actual center of living remained in South Korea at the time of the nationality renunciation filing,” the court said, adding that the ministry had no discretionary power to approve such applications when the foreign residency condition is not met.
The decision underscores the strict interpretation of Korea’s nationality laws, particularly for dual citizens who have spent most of their formative years residing domestically.
Jerry M. Kim (jerry_kim@koreabizwire.com)
