Acquisition and Loss of Nationality: Requirements and Procedures

Based on 25 consultation cases · Updated October 4, 2026 · Translated from the Korean original.

South Korean nationality may be acquired at birth, through naturalization, or with permission to restore nationality. Marriage alone does not automatically confer nationality. If you acquire foreign nationality or have dual nationality, you should check the procedures and deadlines relating to loss, retention, or choice of nationality.

People involved → Applicant or child → South Korean parent or spouse → Nationality authorities → Check how nationality may be acquired and whether foreign nationality affects it → South Korean parent at birth, or born here to unknown or stateless parents? → Yes — Nationality Act Article 2 → No → Meet a naturalization or restoration route and obtain required permission? → Yes — Nationality Act Articles 5, 6, 7 and 9 → Foreign nationality or dual nationality requires retention or choice steps? → Yes — Nationality Act Articles 10 and 12 through 15 → South Korean nationality acquired or retained, subject to checks → No acquisition yet, or nationality may be lost if required steps are missed → Verify birth circumstances or route requirements including valid marriage and residence → Check renunciation, retention and choice procedures and deadlines → If nationality is lost, check reserved nati…

Key points

If either parent is a South Korean national at the time of the child's birth, the child acquires South Korean nationality at birth. A person born in South Korea also acquires nationality if both parents are unknown or the person is stateless (Nationality Act, Article 2 (국적법 제2조)).
A foreign national does not acquire South Korean nationality immediately upon marrying a South Korean national. The foreign national must meet the requirements for simplified naturalization, including having a legally valid marriage and satisfying the domestic residence period, and obtain permission for naturalization (Nationality Act, Article 6 (국적법 제6조)).
General naturalization requires meeting residence requirements, including having had an address in South Korea for at least five years, as well as requirements concerning adulthood, conduct, ability to support oneself, and basic knowledge (Nationality Act, Article 5 (국적법 제5조)).
Special naturalization may be sought in cases including having a parent who is a South Korean national, having rendered distinguished service to South Korea, or being recognized as likely to contribute to the national interest through outstanding ability in a particular field (Nationality Act, Article 7 (국적법 제7조)).
A person who was formerly a South Korean national and lost that nationality may apply for permission to restore it. If permission is granted, the person acquires South Korean nationality at that time. There are also grounds on which permission may be restricted (Nationality Act, Article 9 (국적법 제9조)).
As a general rule, a person who acquires South Korean nationality while holding foreign nationality must renounce the foreign nationality within one year of acquiring South Korean nationality. Failure to do so may result in loss of South Korean nationality (Nationality Act, Article 10 (국적법 제10조)).
If a person acquires a spouse's foreign nationality through marriage to a foreign national, they may lose South Korean nationality if they do not notify the authorities of their intention to retain it. Dual nationals should check the procedures and deadlines for choosing a nationality or renouncing South Korean nationality (Nationality Act, Articles 12 through 15 (국적법 제12조부터 제15조까지)).
Loss of South Korean nationality does not automatically extinguish private-law status, such as an existing parent-child relationship or property relationship. However, a person who has lost nationality cannot enjoy rights reserved for South Korean nationals (Nationality Act, Article 18 (국적법 제18조)).

Frequently asked questions

Q. Do I acquire South Korean nationality as soon as I marry a South Korean?

No. Marriage alone does not confer nationality. You must meet the requirements, including having a marriage that is legally valid and satisfying the domestic residence period, and obtain permission for simplified naturalization. Simply living together does not meet the requirements for simplified naturalization based on marriage.

Case 2, Case 19, Case 20

Q. Will I lose the South Korean nationality I acquired if I divorce my South Korean spouse?

You do not lose South Korean nationality merely because you divorce your spouse or your spouse dies after you have naturalized based on marriage. However, the guide discusses separately, in its examples, cases where it is established that the marriage was entered into without the intention of establishing an actual marital relationship.

Case 2

Q. Does a child acquire South Korean nationality at birth if one parent is South Korean?

If either parent is a South Korean national at the time of the child's birth, the child acquires South Korean nationality at birth. The example explains that the principle of nationality by descent from either parent took effect on June 14, 1998. The law and circumstances at the time of birth should therefore be checked separately for anyone born before that date.

Case 7, Case 25

Q. Can I continue to hold foreign nationality after acquiring South Korean nationality?

According to the example, a person with foreign nationality who acquires South Korean nationality must renounce their foreign nationality within one year of the date of acquisition. If the renunciation procedure is not completed within that period, the person may lose South Korean nationality, and must submit documents proving the renunciation or loss of nationality.

Case 14

Q. I lost my South Korean nationality after acquiring foreign nationality. Can I restore it?

A person who was formerly a South Korean national may apply to the Minister of Justice for permission to restore nationality. The applicant must submit required materials, including documents proving the reason and date of loss of nationality. If permission is granted, the person reacquires South Korean nationality at that time.

Case 1, Case 6

Q. What happens to my South Korean nationality if I marry a foreign national and acquire my spouse's nationality?

According to the example, if you acquire your foreign spouse's nationality and do not notify the Minister of Justice within six months that you intend to retain South Korean nationality, you may be deemed to have lost South Korean nationality retroactively from the date you acquired the foreign nationality. It also explains that if the date on which the foreign nationality was acquired is unknown, the date the foreign passport was first issued may be used as a basis for estimation.

Case 4

Q. By when must a dual national choose a nationality?

The example explains that a person who became a dual national before turning 20 must choose a nationality before turning 22, while a person who became a dual national after turning 20 must choose a nationality within two years of becoming a dual national. Separate deadlines may apply depending on circumstances related to military service, such as being entered onto the military service preliminary roster, so you should check whether any such circumstances apply to you.

Case 4, Case 7, Case 11, Case 23

Q. If I lose South Korean nationality, will my relationship with my parents or my inheritance rights also end?

Loss of nationality affects rights that only South Korean nationals may enjoy, but does not automatically extinguish private-law status, such as an existing parent-child relationship or property relationship. Accordingly, the example explains that a child who has lost nationality may still inherit from a parent who is a South Korean national.

Case 17

Q. Can I apply to restore nationality even if there is no record of loss of nationality in the family relations register?

The example explains that an application to restore nationality should not be refused solely because there is no record of loss of nationality. If necessary, the record of loss of nationality may first be corrected ex officio, after which the register may be corrected in accordance with the notice granting permission to restore nationality.

Case 1

Relevant laws

Nationality Act, Article 2 (국적법 제2조)
Nationality Act, Article 5 (국적법 제5조)
Nationality Act, Article 6 (국적법 제6조)
Nationality Act, Article 7 (국적법 제7조)
Nationality Act, Article 8 (국적법 제8조)
Nationality Act, Article 9 (국적법 제9조)
Nationality Act, Article 10 (국적법 제10조)
Nationality Act, Article 11 (국적법 제11조)
Nationality Act, Articles 12 through 16 (국적법 제12조부터 제16조까지)
Nationality Act, Article 18 (국적법 제18조)
Act on Registration of Family Relations, Article 18 (가족관계의 등록 등에 관한 법률 제18조)
Act on Registration of Family Relations, Article 38 (가족관계의 등록 등에 관한 법률 제38조)
Act on Registration of Family Relations, Article 95 (가족관계의 등록 등에 관한 법률 제95조)
Enforcement Rule of the Nationality Act, Article 6(2) (국적법 시행규칙 제6조 제2항)

Watch out for

Simplified naturalization based on marriage requires a legally valid marriage; a de facto marriage or simply living together does not satisfy this requirement.
Different deadlines, including one year, six months, and two years, apply to acquisition, loss, and choice of nationality. Check the deadline that applies to your particular circumstances and procedure.
Even if a notification of loss of nationality or a record in the family relations register is missing, whether nationality was actually lost and whether it can be restored are not determined solely by that record.
The examples include matters that vary depending on when a law took effect or on circumstances related to military service. Consider both your date of birth and the specific circumstances in which your nationality changed.

Source cases

This guide was compiled by AI from the following Korea Legal Aid Corporation consultation cases (in Korean).

This guide is general legal information about Korean law, not legal advice for your situation. For a specific case, consult a lawyer or the Korea Legal Aid Corporation (call 132 in Korea).