2023년 3월 1일 수요일

Constitutional Court ruled a man born abroad can renounce nationality only after completing his military service

https://www.hani.co.kr/arti/society/society_general/1081680.html The current nationality law in Korea requires children born to Korean parents with multiple nationalities who are temporarily staying abroad to fulfill their military service obligations before renouncing their Korean citizenship. The Korean Constitutional Court recently ruled on a case where a petitioner, who held both Korean and US citizenship, was rejected when attempting to renounce their Korean citizenship in 2018. The petitioner filed a lawsuit to cancel the rejection but was unsuccessful and eventually filed a constitutional complaint. The petitioner argued that the criteria for determining the "purpose of permanent residence" outlined in the Nationality Act were unclear and violated the "principle of clarity". However, the Constitutional Court rejected this argument and stated that the provision aims to prevent individuals with multiple nationalities from using renunciation of their Korean citizenship as a way to avoid military service. The court also acknowledged that without this provision, male citizens born in foreign countries with dual citizenship would not be burdened with the obligation to fulfill their military service.

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