Republic of Korea: Information on whether an ethnic Korean who is a citizen of the Republic of China can gain Korean citizenship, and if so, the procedure to follow, and information on eligibility and conditions for Korean citizenship
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 April 1998 |
| Citation / Document Symbol | KOR29090.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Republic of Korea: Information on whether an ethnic Korean who is a citizen of the Republic of China can gain Korean citizenship, and if so, the procedure to follow, and information on eligibility and conditions for Korean citizenship, 1 April 1998, KOR29090.E, available at: https://www.refworld.org/docid/3ae6ac2b74.html [accessed 20 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Specific information on whether an ethnic Korean who is a citizen of the Republic of China can gain Korean citizenship, and if so, on the procedure to be followed, as well as the eligibility and conditions for Korean citizenship could not be found among the sources consulted by the Research Directorate.
However, for information on who is eligible for Korean citizenship, please refer to the attached excerpts of a legal commentary written by Louis Kim-Ukkon, a law professor at Sung-Kyun-Kwan University in Seoul, published in French in 1986 in Juris-Classeur-Nationalité. Paragraph 78 of the commentary states that Korean nationality can be acquired by marriage, by recognition and by naturalization (10). Procedures for naturalization are describes on pages 12-13. A 17 June 1996 Australian government report on Korean Nationality says that the 1976 Korean Nationality Act was still in effect at that time, but amendments would be coming into force in 1997. The 1997 updates to Louis Kim-Ukkon's commentary in Juris-Classeur-Nationalité do not modify the original paragraphs regarding eligibility to Korean nationality.
Also attached are excerpts of an article on Korean nationality published in the book entitled Nationality and International Law in Asian Perspective. Information on the acquisition of Korean nationality by naturalization begins on page 275. The Korean legislation on nationality is available in English in the UNHCR databases (REFWORLD/REFLEG).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
Reference
Country Information report No. 543/96. 17 June 1996.Australia: Country Information Service (CISNET)
Attachments
Hyo Sang, Chang. 1990. "Nationality in Divided Countries: A Korean Perspective," Nationality and International Law in Asian Perspective. Edited by Ko Swan Sik. The Hague: T.M.C. Asser Instituut, p. 267-79.
Kim-Ukkon, Louis. August 1986. "Corée (République de),"Juris-Classeur-Nationalité. Edited by Charles L. Closset and Michel J. Verwilgen. Paris: Éditions techniques, pp. 9-13.
Additional Sources Consulted
One oral source could not provide the requested information within the prescribed research dealines.
Note on contacting foreign diplomatic representatives in Canada:
Ability to obtain information from diplomatic representatives depends on availability of information and cooperation from individual countries.
