ROK Drop

By on December 24th, 2009 at 7:35 am

South Korean Government Approves Dual Citizenship Bill

Here is some new legislation that some of you out there may find of interest:

The Cabinet has approved a bill that allows Koreans to hold multiple citizenship, while restricting such privileges for those whose mothers went abroad to give birth so their children could gain foreign nationality, officials said yesterday.

The Justice Ministry said it will soon submit the proposed revisions to the legislature for approval.

Under the current law, Korea does not allow adults and foreigners living in the country to hold multiple citizenship. Koreans who obtain foreign citizenship at birth in other countries or after emigration must choose a single nationality by the age of 22 or automatically lose their Korean nationality.

However, the revised bill would allow them to hold more than one nationality on condition that they provide written pledges forswearing their rights as foreigners while in the country. Such rights include tax exemptions and admission to international schools. Males must perform their mandatory duty of military service for dual nationality.

Proposed revisions would also grant Korean nationality to those foreigners married to Korean spouses, those with valued expertise and those who were adopted by foreigners but have returned to Korea.  [Joong Ang Ilbo]

What I am wondering is if guys that are married to Korean wives and apply for citizenship would have to serve in the ROK Army?

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  • Chris In Dallas
    1:14 am on December 24th, 2009 1

    You won't get it from me. I don't get the multiple/dual citizenship thing in general. But if they think its a good thing, so be it.

  • kushibo
    3:08 am on December 24th, 2009 2

    What I am wondering is if guys that are married to Korean wives and apply for citizenship would have to serve in the ROK Army?

    I think that's the idea. They'd at least have to show up and get a deferment or be granted a waiver.

  • Kelsey
    3:14 am on December 24th, 2009 3

    "What I am wondering is if guys that are married to Korean wives and apply for citizenship would have to serve in the ROK Army?"

    What's interesting is that for most countries, serving in a foreign country's military in pretty much any capacity is a reason for revocation of citizenship. If you're a US/Korean citizen and serve in the Korean army, the US will revoke your citizenship. There could be some interesting repercussions for that. :shock:

  • kushibo
    3:22 am on December 24th, 2009 4

    If you’re a US/Korean citizen and serve in the Korean army, the US will revoke your citizenship.

    Are you sure about that? I remember in the 1990s when a lot of kyopo males from the US whose fathers had inadvertently put their names in the family registry were being forced to get their newfound ROK citizenship renounced or else serve in the ROK military, and the US embassy was incredibly blasé (to the point of being criminally dismissive) about the whole ordeal. No warning at all about the possibility of losing one's US citizenship if it didn't go right (some people were unable to renounce their ROK citizenship and had to report for duty).

  • Kelsey
    3:29 am on December 24th, 2009 5

    As far as I know, it only occurs if you inform the US government. They don't check up on what you have or haven't done overseas, but if they find out through a background investigation, you'll be asked to choose one nationality or another. I've been having to do a lot of research into this lately because my boyfriend, who is a dual French/US citizen, is going through the process of obtaining a security clearance right now and it is complicated by the fact that he has a foreign nationality.

  • JoeC
    3:29 am on December 24th, 2009 6

    I can see some benefits from this to some people I know.

    I knew a woman who lived in the States many years, became a US citizen but returned to Korea. After a few years of reapplying for an F-4 visa, she applied to regain her Korean citizenship. This law would have saved her and others a lot of hardship.

    I know another woman, a single mother. Her child from an American father was born in Korea but was given American citizenship. She and child are in the States now. The mother must complete 5 years residency to apply for US citizenship for herself. She believes that having US citizenship will allow her to offer more opportunities for her child. But most of her friends and family are in Korea so I think she intends to return.

    Maybe, this change will encourage increased migration of Korean expatriates back to Korea. It might help breakdown but it might also aggravate some of the negative attitudes native Koreans have towards gyopos.

    P.S. The Joong Ang Ilbo link points to the wrong article.

  • kushibo
    3:45 am on December 24th, 2009 7

    In Soviet Russia, government informs you! :D

    Um, well, the problem was that these were people who were informing the government (via the embassy) that they were trying to get their involuntary citizenship renounced, to avoid military service, so the government would have their names and presumably be able to look into their ROK military service.

  • Kelsey
    3:58 am on December 24th, 2009 8

    They're able to, but the US Government doesn't automatically check into the military background of its dual citizens. If you inform them of it, then you're screwed. If you have a foreign obligation to service (such as in Korea or Israel), you can keep your US citizenship if you renounce your foreign citizenship before you have to serve.

  • Chris In Dallas
    4:36 am on December 24th, 2009 9

    I've known a number of Americans who after gaining citizenship served with the ROK Army, IDF, Canadians, Brits and French Foreign Legion who had no citizenship troubles. While I don't know these people personally, I am aware there were some Japanese-Americans who served in the IJA and IJN who at the end of hostilities were told not to come back. Given all this, I think which foreign military you serve with is a factor too!

  • Kelsey
    4:56 am on December 24th, 2009 10

    Yes, it's not one specific factor – it's a multitude of them. But, in general, serving in a foreign army is a reason for retraction of citizenship.

  • Tom
    7:47 am on December 24th, 2009 11

    Can’t wait for more wise cracks and bashings. Oh this will be good.
    :razz:

  • Pete
    8:33 am on December 24th, 2009 12

    You are probably going to have to pass some type of test that will include language before they give Korean citizenship to foreign spouses.

  • Teadrinker
    12:05 pm on December 24th, 2009 13

    "However, the revised bill would allow them to hold more than one nationality on condition that they provide written pledges forswearing their rights as foreigners while in the country."

    They'd be giving up an awful lot more rights as gaining Korean citizenship would bound them by Korea's puritanical laws while abroad.

  • Teadrinker
    12:06 pm on December 24th, 2009 14

    make them bound by…Sorry.

  • MrChips
    3:55 pm on December 24th, 2009 15

    There is no law in the Federal Code that prohibits an American citizen from being a member of the military of their "Native" country UNLESS that country is at war with the United States. Furthermore, US law is indifferent to the subject of dual-citizenship; it doesn't recognize or reject it. However, taking an oath of loyalty that includes renunciation of prior citizenship in order to gain citizenship in another country is grounds for denaturalization. You'd think that was obvious but a lot of court cases over naturalization in other countries have pushed the language to that extreme a level. A couple other items that are denaturalization worthy are running for public office in another country and becoming an officer in another country's military. But, as long as the nation is not at warwith the US it is not expressly dealt with by US law.

    http://travel.state.gov/travel/cis_pa_tw/cis/cis_… gives the State department's down and dirty on this issue. There are of course other means of obtaining, or being given, citizenship in a second country besides applying for it. Moreoever, even in the case of voluntary application for citizenship in another country, the Supreme Court has ruled that the laws sourced in the Immigration and Nationality Act (INA) do not automatically require denaturalization unless it can be proven that the application for second citizenship included both an oath of loyalty to the second nation AND an intent to give up all rights associated with their US citizenship. That's a tough case to prove. Because of that stance by the Supreme Court the State Department policy is to view intent of renunciation only where explicitly stated to a US consular.

  • Sonagi
    4:03 am on December 25th, 2009 16

    How will the mother having US citizenship provide more opportunities for her US citizen child?

  • Sonagi
    4:09 am on December 25th, 2009 17

    I believe that permanent residency should be relatively easy to obtain but citizenship difficult. Anyone who can demonstrate long-term economic self-sufficiency and respect for the law should be able to get a green card. Citizenship should require a long-term commitment to the community, authentically demonstrated through actions, not memorizing facts about the Constitution and history to pass a test. If you want to make money for awhile before returning to your home country, then get a green card. If you want to become an American, then earn citizenship.

  • Lion Mary
    10:53 am on March 21st, 2011 18

    Everything about Korea seems amusing.The archaic laws restricting one thing or the other re the order of the day.Does the new amandment apply to Africans marrying Koreans?Korea looks at Africa differently anyway.But most important ,is what expartize re they talking about?We have lots of people with avlue expartize int his country from africa but re segreggated .In my opinion,the only country that respects people regardless of their social,political,economic and religious back ground is the UNITED STATES OF AMERICA.For us to be granted such rights will be a dream come true.Asia is truely Asia,strange as i may call it.

  • someotherguy
    11:29 am on March 21st, 2011 19

    MrChips is pretty much on the money.

    http://travel.state.gov/law/citizenship/citizensh…

    Is a much cleaner look at the issue.

    "Section 349 of the Immigration and Nationality Act (8 U.S.C. 1481), as amended, states that U.S. citizens are subject to loss of citizenship if they perform certain specified acts voluntarily and with the intention to relinquish U.S. citizenship. Briefly stated, these acts include: "

    "entering or serving in the armed forces of a foreign state engaged in hostilities against the U.S. or serving as a commissioned or non-commissioned officer in the armed forces of a foreign state (Sec. 349 (a) (3) INA); "

    It must be voluntarily and you must take an oath forswearing your US nationality. Also must become an officer or a non-commissioned officer. With the Korea Army you automatically become a CPL after 18 months, that is technically a NCO but its also technically conscription and thus not voluntarily.

    Also this all deals with stuff done ~after~ gaining your US citizenship, you can serve in any military before hand and it wouldn't run aground of this clause.

  • Tom
    11:34 am on March 21st, 2011 20

    #18. Which is more amusing, S.Koren status, or African status. I think it's pretty clear which is amusing. In one country people don't usually starve to death because there's plenty to eat and people have decent roofs over there heads, while the other continent.. it's mostly f*cked up third world killing each other over silly tribal warfares. So which is more amusing again?

    Go for it, United States welcomes you people. Go there, they'll give you all the freebies, so you don't have to work and you can be African Americans.

  • Casanova
    12:13 pm on March 21st, 2011 21

    #20, why do you always compare Korea to countries that are larger in size than Korea is. The comparison to Korea and the U.S. is dumb, if Korea were the same size as the U.S. you could compare the two. Try comparing Korea to say…Singapore and see how Korea comes out. It is amazing how dumb you are to the issues in your own country and it is even dumber that you talk so well of Korea and do not even live there.

  • kangaji
    1:18 pm on March 21st, 2011 22

    Man, I like this idea of non-Koreans (foreigners?) who marry Koreans have to serve in the ROK Army to get citizenship. They can't complain about Kyopo draft dodgers if they aren't willing to go into the ROK Army themselves for citizenship. OFCOURSE – as pointed out earlier – Dual Citizenship would destroy security clearances, and a lot of the non English teaching work that doesn't require an engineering or business degree is foreign government related so…

  • Lion Mary
    1:40 pm on March 21st, 2011 23

    Which is more amusing,you or the two?U seem to be concerned about what happens to other continesnts than youself.Is there any place on earth they have not killed each other?Who told you Afrikans want to be Americans?and who said Afrikanas re not proud of their roots?United states after all welcomes anyone inclusing you in whater form u may be.I wonder wher ein this world you're dumped and u sound hopless.Am not even in the so called Korea,T,get informed.U might even not be knowing your roots and i wouldnt have to marry any nationality to be what i want.Am proud of my Nationality.I wanted u to know that some countires are racisit.

 

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