Nationality Act (Gukjeokbeop)
The Nationality Act (Gukjeokbeop) governs the acquisition and loss of South Korean nationality. Enacted in 1948, the Act establishes the principles for acquiring nationality by birth, naturalisation, and selection. South Korea primarily follows jus sanguinis (citizenship by descent) but allows naturalisation for foreign nationals meeting specified requirements.
Legal area: Law governing the entry, stay, and rights of foreign nationals.
Year enacted: 1948
Full text: https://elaw.klri.re.kr/eng_service/law_view.do?hseq=south-korea-nationality-act
Key Provisions
- Article 2: Acquisition by birth (jus sanguinis)
- Article 3: Acquisition by birth in South Korea (limited jus soli)
- Article 5: Naturalisation requirements (residence, conduct, income)
- Article 6: Simplified naturalisation for certain persons
- Article 10: Loss of nationality
- Article 11: Prohibition of statelessness
Significance
The Nationality Act reflects South Korea’s jus sanguinis approach to citizenship, though naturalisation provisions have been liberalised over time. The naturalisation process requires a minimum period of residence, income requirements, and knowledge of Korean language and culture. South Korea has granted simplified naturalisation to ethnic Koreans from China and the former Soviet Union. The Act has been amended to address dual nationality issues and the rights of overseas Koreans.