Why a Dual Citizen Couldn’t Give Up Korean Nationality — and What the Law Says About “Living Abroad”
When a 20-year-old dual citizen born to a Korean mother and an American father tried to renounce his Korean nationality, he expected it to be a matter of paperwork. Instead, his case became a lesson in how narrowly South Korean law defines what it means to “live abroad.”
Related: Court Rejects Dual Citizen’s Bid to Renounce Korean Nationality Over Lack of U.S. Residency
The Case in Brief
The plaintiff, identified as A, had lived in South Korea since 2015 and briefly traveled to the United States in 2022 to submit a nationality renunciation form. He listed his father’s U.S. home as his address abroad — but the Ministry of Justice rejected the application, arguing that he lacked proof of an actual overseas residence.
A filed a lawsuit claiming the ministry’s decision was unlawful and that the restriction violated his right to choose a career, since U.S. federal jobs require exclusive American citizenship. But the Seoul Administrative Court sided with the government, emphasizing that citizenship laws are tied to where a person actually lives, not where their name appears on a mailbox.
What the Law Says
Article 14 of South Korea’s Nationality Act allows dual citizens to renounce Korean nationality only if they “have an address abroad.”
But courts have consistently interpreted that phrase to mean more than a postal address — it refers to a genuine living base, supported by physical residence, employment, or ongoing life abroad.
The court noted that A spent only 19 days in the U.S. over seven years and was enrolled in a Korean international school while living with his parents in Seoul. At the time of his application, his “center of living,” the judges ruled, remained in Korea.
Why It Matters
The case highlights South Korea’s cautious approach toward dual citizenship — a status the country has historically restricted out of concerns about military duty, tax obligations, and national loyalty.
The ruling signals that renunciation will not be approved unless applicants can prove real, sustained residence abroad, not just temporary visits or family ties overseas.
For thousands of dual nationals with deep roots in Korea but foreign ties through birth, the decision clarifies — and tightens — the standards for letting go of one nationality in favor of another.
In essence: In South Korea, citizenship isn’t just a document. It’s where your life actually happens.
Jerry M. Kim (jerry_kim@koreabizwire.com)
