Case Summary

Court: Seoul Administrative Court (Administrative Division 6, Presiding Judge Na Jin-i)

Case No. 2024구합85625

Date: October 12, 2025

Parties: A (Plaintiff) vs. Ministry of Justice (Defendant)

Issue: Whether a dual citizen who primarily lived in Korea satisfied the legal requirement of having a “foreign residence” to renounce Korean nationality.


Key Facts:

A was born in the U.S. in 2005 to a Korean mother and American father (dual citizenship).

He moved to Korea in 2015 and attended an international school in Incheon.

In 2022, A briefly visited the U.S. (for 5 days) and submitted a nationality renunciation application via the Korean Consulate.

The Ministry of Justice rejected the application, citing lack of a valid foreign address and ongoing residence in Korea.


Plaintiff’s Argument:

Renunciation denial unjustly restricts his right to choose employment, including eligibility for U.S. federal government jobs.

The public interest harm from allowing renunciation would be negligible.


Court’s Findings:

A’s real base of life (“생활근거지”) was in Korea, not the U.S.

He had lived with his parents in Korea from 2015 to 2022, while his stay in the U.S. totaled only five days.

His mother had continuously worked in Korea since 2013, and A remained in Korea even after his father returned to the U.S. in 2022.


Judgment:

Plaintiff lost. The Ministry’s rejection was lawful.

Legal principle reaffirmed: To qualify for nationality renunciation, a dual citizen must have an established and genuine residence abroad, not merely formal U.S. citizenship or a brief stay.

Article: https://www.lawtimes.co.kr/Case-curation/212131