[Korean Law Insights] Dual Nationality Holders: Which Country Do They Belong to in Korea?
Updated: Sep 10
[Published on September 1, 2026 edition of the "Korean Law Insights" column in the Korea Daily’s Economic Expert Section]
Under the Foreign Nationality Non-Exercise Pledge, dual nationals are treated as Korean citizens in Korea.
Special care is needed for entry, exit, and visa matters...procedures should be confirmed before staying in Korea.
The number of people holding dual citizenship is rising quickly. According to data from the National Assembly Research Service, roughly 205,000 dual nationals had been identified as of 2023, and more than half of them were dual nationals by birth. Typical examples include children born in the U.S. who automatically acquired Korean nationality through their parents, and elderly overseas Koreans who held U.S. citizenship and later recovered their Korean nationality are a typical example.
A common misunderstanding, however, is that someone holding both Korean and U.S. citizenship can simply use whichever passport is more convenient at any given time. In fact, Korea's Nationality Act specifies that, for purposes of applying Korean law, a dual national is to be treated solely as a Korean citizen. Even while also holding U.S. citizenship, that person is, in principle, considered Korean while in Korea.
This principle is most clearly felt at passport control. Dual nationals are, in principle, required to use their Korean passport when entering or leaving Korea. Conversely, the United States requires its citizens to use a U.S. passport when entering or leaving the U.S. So, a Korean-American dual national ends up using a different passport in each country.
That said, a dual national living abroad who has not signed the Foreign Nationality Non-Exercise Pledge may enter Korea on a foreign passport for a short visit of 90 days or less, such as visiting relatives. But entering on a U.S. passport does not make that person a foreigner in Korea. To stay longer than 90 days, the person must complete the procedures required of Korean citizens, such as resident registration, rather than foreigner registration.
One might then wonder about applying for an F-4 (overseas Korean) visa instead. However, anyone who holds Korean nationality is not eligible for a Korean visa at all. The F-4 status is meant for overseas Koreans who have lost or renounced Korean citizenship and are now foreign nationals. A dual national, by contrast, stays in Korea under Korean citizen status.
Nor does simply always holding U.S. citizenship guarantee protection from the U.S. embassy while in Korea. The U.S. State Department itself notes that when dual nationals are in the country of their other nationality, local authorities may not recognize their U.S. citizenship, which can limit the consular assistance available to them.
Particular caution is warranted for those who signed the Foreign Nationality Non-Exercise Pledge while retaining dual citizenship. That pledge is a promise not to exercise foreign nationality while in Korea. Registering as a foreign national or filing a foreign residence report for the purpose of exercising foreign nationality, or repeatedly entering and leaving the country on a foreign passport, can be judged as a significant breach of that pledge and may result in an order to choose one nationality.
Also, not having filed a birth report in Korea does not mean a person lacks Korean nationality. Whether nationality was acquired is determined by the Nationality Act in force at the time of birth, not by whether a birth report was filed. Someone born in the U.S. who has used only a U.S. passport their whole life may still hold Korean nationality, unknowingly, based on their parents' nationality at the time of birth.
Being treated as a Korean citizen, however, does not mean tax liability is determined by nationality alone. Korea's scope of taxation depends on separate factors under tax law, such as resident status, and the type and source of income. Nationality and tax residency are different concepts.
In the end, dual nationality is not a system where one simply picks whichever of two passports is more convenient at the moment. Anyone planning to visit or stay long-term in Korea should check their Korean nationality status and the passport and stay procedures they need before booking a flight.
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Jin Hee Lee/K-Law Consulting Korean Attorney
[Reference link in original Korean]
