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2-8 · Prior opinions & explanations

Immigration Violation Review Statement for Korean Passport Use After Foreign Citizenship

Under Article 15 of the Nationality Act, a Korean national who voluntarily acquires a foreign nationality loses Korean nationality at the time of that acquisition. If the person later enters Korea on a Korean passport, they become a foreigner in violation of Article 7(1) of the Immigration Act (valid passport and visa) and are subject to an immigration offense review by the competent immigration office. The office head may issue a notice to pay a fine in lieu of prosecution, and under the schedule of the Enforcement Rules the standard amount is KRW 5,000,000 for a first violation, rising to KRW 15,000,000 and KRW 30,000,000 if the person was fined for the same violation within the last 3 years. The standard amount may be reduced or increased within one half considering age and circumstances, motive and result, ability to pay and number of violations, and the Minister of Justice may waive the notice, so a statement explaining the mistake and the person's circumstances becomes key material. The fine must be paid within 15 days of receiving the notice, and a report of loss of nationality (Article 16 of the Nationality Act) should be completed so that a later F-4 (Overseas Korean) or other stay application can proceed.

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#Immigration Violation Review Statement for Korean Passport Use After Foreign Citizenship#Official check#2-8
🌐 Using a Korean Passport After Acquiring Foreign Citizenship: How to Prepare an Explanatory Statement for an Immigration Offense Review
01

Procedure

Procedure

  1. 01

    Confirm the date of loss of nationality and passport use: Using the acquisition date on the citizenship certificate, check the dates and number of entries and departures made on the Korean passport afterward through entry-exit records. If the acquisition date is unknown, it is presumed to be the first issue date of the foreign passport; also check whether a Korean passport was newly issued after acquisition.

  2. 02

    Prepare the report of loss of nationality: Prepare Form No. 10 of the Enforcement Rules of the Nationality Act with a certificate of family relation records, documents proving the cause and date of acquiring the foreign nationality, and a copy of the foreign passport, for submission to an immigration office or a Korean diplomatic mission. If the acquisition date cannot be proven, a copy of the foreign passport may substitute.

  3. 03

    Draft and submit the statement and explanation: Set out in date order when the person learned of the loss of nationality, how and how often the Korean passport was used, whether the matter was self-reported, family and living ties in Korea, and follow-up steps such as the nationality loss report, attach evidence, and submit it on the client's behalf to the competent immigration office. Dates and facts are aligned with what was stated during questioning.

  4. 04

    Check the notice result: Confirm the fine amount and payment place on the notice and explain that it must be paid within 15 days of receipt. If not paid in time, the office head must file a criminal complaint; payment before the complaint prevents it, and paying as notified means no further punishment for the same case.

  5. 05

    Review the link to an F-4 (Overseas Korean) or other stay application: A foreigner who loses Korean nationality while staying in Korea must obtain a status of stay within 60 days of that event, so the filing timing is checked. Restrictions on the Overseas Korean status, such as men who lost nationality without completing military service, are reviewed to set the scope of later application documents.

02

Filing route

Filing route

Statements go to the competent immigration office conducting the review; the report of loss of nationality goes to an immigration office or a Korean diplomatic mission (addressed to the Minister of Justice)

Confirm the current filing office, jurisdiction, and online availability on the official website.

Official check
Actual processing agencyCompetent Immigration Office
Statutory and policy authorityCompetent Korean authority or official service
Online routeHiKorea
03

Deadlines & processing notes

Deadlines & processing notes

Check deadlines and next steps against the notice, filing date, and any request for additional documents.Official check
04

Basic documents

Basic documents

Basic documents0 / 8

If the statement understates how many times the Korean passport was used after the loss of nationality, it will conflict with the entry-exit records and undermine the credibility of the whole explanation, so dates and counts are matched to the certificate of entry-exit facts before drafting.

Scope of services

Scope of services

Hwang Yunsang Administrative Agent Office prepares and translates documents for administrative agencies, submits them on your behalf, and guides you through permit, application, and notification procedures. Services that require the principal’s personal appearance, principal’s application, or electronic signature may be limited in delegation.