Last Change:
06/26/2025
Nationality Act
Original names of the law: 국적법
Year: 1948
Type: Domestic law
Rights Category: Nationality, Integration & Public Affairs
Selected provisions
(1) Any of the following persons shall be a national of the Republic of Korea at birth:
1. A person whose father or mother is a national of the Republic of Korea at the time of the person’s birth;
2. A person whose father was a national of the Republic of Korea at the time of the father’s death, if the person’s father died before the person’s birth;
3. A person who was born in the Republic of Korea, if both of the person’s parents are unknown or have no nationality.
(2) An abandoned child found in the Republic of Korea shall be deemed born in the Republic of Korea.
(1) An alien who has never acquired the nationality of the Republic of Korea may acquire the nationality of the Republic of Korea by obtaining permission for naturalization from the Minister of Justice.
(2) In receipt of an application for naturalization, the Minister of Justice shall determine whether an alien meets the requirements for naturalization under Articles 5 through 7 and then allow naturalization only to a person who meets such requirements. <Amended on Dec. 19, 2017>
(3) An alien who obtains permission for naturalization under paragraph (1) shall acquire the nationality of the Republic of Korea at the time he or she takes an oath of citizenship before the Minister of Justice and is granted a certificate of nationality: Provided, That if it is deemed that the alien cannot understand the meaning of an oath of citizenship or has difficulty in expressing the matters he or she has understood due to age, a physical or mental disability, or other reasons, the Minister of Justice may exempt him or her from taking an oath of citizenship. <Amended on Dec. 19, 2017>
(4) The Minister of Justice may require the head of a regional immigration office to act on his or her behalf in receiving an oath of citizenship and granting a certificate of nationality under the main clause of paragraph (3) and in exempting an alien from taking an oath of citizenship under the proviso of the same paragraph, as prescribed by Presidential Decree. <Newly Inserted on Dec. 19, 2017>
(5) Matters necessary for the procedures for filing an application, the examination thereof, taking an oath of citizenship, granting a certificate of nationality, performing such duty as an agent, etc. under paragraphs (1) through (4) shall be prescribed by Presidential Decree. <Amended on Dec. 19, 2017>
An alien shall meet the following requirements in order to obtain permission for naturalization, except in cases falling under Article 6 or 7: <Amended on Dec. 19, 2017>
1. He or she shall have had a domicile in the Republic of Korea for at least five consecutive years;
1-2. He or she shall have qualification for permanent residence in the Republic of Korea;
2. He or she shall be an adult under the Civil Act of the Republic of Korea;
3. He or she shall meet the requirements regarding good conduct prescribed by Ordinance of the Ministry of Justice, such as complying with statutes;
4. He or she shall be able to support himself/herself, relying on his or her own assets, ability, or family he or she lives with;
5. He or she shall have basic knowledge as a national of the Republic of Korea, such as Korean language proficiency and understanding of Korean custom;
6. The Minister of Justice shall acknowledge that granting permission for naturalization to him or her does not compromise national security, maintenance of order, or public welfare.
(1) Any of the following aliens who has had a domicile in the Republic of Korea for at least three consecutive years may obtain permission for naturalization, even without meeting the requirements under subparagraphs 1 and 1-2 of Article 5: <Amended on Dec. 19, 2017>
1. A person whose father or mother was a national of the Republic of Korea;
2. A person who was born in the Republic of Korea and whose father or mother was born in the Republic of Korea;
3. A person adopted by a national of the Republic of Korea who was an adult under the Civil Act of the Republic of Korea at the time of adoption.
(2) Where an alien whose spouse is a national of the Republic of Korea falls under any of the following subparagraphs, he or she may obtain permission for naturalization, even without meeting the requirements under subparagraphs 1 and 1-2 of Article 5: <Amended on Dec. 19, 2017>
1. A person who has had a domicile in the Republic of Korea for at least two consecutive years while being married to the said spouse;
2. A person for whom three years have lapsed, since he or she got married to the said spouse, having a domicile in the Republic of Korea for at least one year while being married to the said spouse;
3. A person who failed to fulfill the requirements for a period under subparagraph 1 or 2 for the reason that he or she was unable to sustain marriage due to death or disappearance of his or her spouse or other causes unattributable to him or her while having a domicile in the Republic of Korea and being married to the said spouse, but has fulfilled the requirements for the remaining period under subparagraph 1 or 2 and thus is considered a case reasonable by the Minister of Justice;
4. A person who failed to satisfy the requirements under subparagraph 1 or 2, but who is, or shall be, taking care of a minor born within the marriage relationship with the said spouse, and has met the domicile period requirements under subparagraph 1 or 2 and thus be considered a case reasonable by the Minister of Justice.
[This Article Wholly Amended on Mar. 14, 2008]
(1) Any of the following aliens who has a domicile in the Republic of Korea may obtain permission for naturalization, even without meeting the requirements under subparagraph 1, 1-2, 2, or 4 of Article 5: <Amended on May 4, 2010; Dec. 19, 2017>
1. A person whose father or mother is a national of the Republic of Korea: Provided, That a person adopted as an adult under the Civil Act of the Republic of Korea shall be excluded;
2. A person who has contributed greatly to the Republic of Korea;
3. A person acknowledged to contribute to the national interests of the Republic of Korea who has very excellent ability in a specific field, such as science, economy, culture, and sport.
(2) The standards and procedures for determining a person falling under paragraph (1) 2 and 3 shall be prescribed by Presidential Decree. <Amended on May 4, 2010; Dec. 19, 2017>
[This Article Wholly Amended on Mar. 14, 2008]
(1) An alien who was a national of the Republic of Korea may acquire the nationality of the Republic of Korea by obtaining permission to recover nationality from the Minister of Justice.
(2) The Minister of Justice shall not allow any of the following persons to recover his or her nationality, after screening a person who has applied for the recovery of nationality: <Amended on Dec. 19, 2017>
1. A person who has inflicted harm on the State or society;
2. A person whose conduct is disorderly;
3. A person who lost or renounced his or her nationality of the Republic of Korea in order to evade military service;
4. A person the recovery of whose nationality is deemed inappropriate by the Minister of Justice for the purposes of national security, maintenance of order, or public welfare.
(3) A person whose nationality is recovered under paragraph (1) shall acquire the nationality of the Republic of Korea at the time he or she takes an oath of citizenship before the Minister of Justice and is granted a certificate of recovery of nationality: Provided, That if it is deemed that a person cannot understand the meaning of an oath of citizenship or has difficulty in expressing the matters he or she has understood due to age, a physical or mental disability, or other reasons, the Minister of Justice may exempt him or her from taking an oath of citizenship. <Amended on Dec. 19, 2017>
(4) The Minister of Justice may require the head of a regional immigration office or the head of a diplomatic mission abroad to act on his or her behalf in receiving an oath of citizenship and granting a certificate of recovery of nationality under the main clause of paragraph (3) and in exempting a person from taking an oath of citizenship under the proviso of the same paragraph, as prescribed by Presidential Decree. <Newly Inserted on Dec. 19, 2017>
(5) Matters necessary for the procedures for filing an application, examination thereof, taking an oath of citizenship, granting a certificate of recovery of nationality, performing such duty as an agent, etc. under paragraphs (1) through (4) shall be prescribed by Presidential Decree. <Amended on Dec. 19, 2017>
(6) Article 8 shall apply mutatis mutandis to the concurrent acquisition of nationality, as a result of the recovery of nationality. <Amended on Dec. 19, 2017>
[This Article Wholly Amended on Mar. 14, 2008]
(1) A person who intends to file an application for permission, make a report, or be issued with a certificate under this Act shall pay fees, as prescribed by Ordinance of the Ministry of Justice.
(2) Fees referred to in paragraph (1) may be reduced or exempt if there is good cause.
(3) Matters necessary for amounts of fees referred to in paragraph (1) and criteria for reduction of and exemption from fees under paragraph (2) shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Newly Inserted on Sep. 18, 2018]