Military Draft Quandry: Update
Before the Korean writes anything about Korean citizenship, military draft, etc., the usual caveat must come first:
Naturally, this puts young Korean American men in an odd situation. Many of them did not even know that they were Korean citizens as of 2010, when the dual-citizenship law came into effect. Then if they tried to study or work in Korea or visit Korea for the long term, they would first find out that (1) they had Korean citizenship, (2) they might be subject to the draft because of their Korean citizenship, and (3) they cannot even renounce their Korean citizenship, because their 18th birthday had already passed.
As of late last year, Korea's Military Manpower Administration carved out a couple of exceptions that would help many people in this twilight zone.
- Have been born outside of Korea OR left Korea before turning six years old, AND
- Have continuously lived abroad until December 31 of the year in which he turned 17 years old, which means he was not present in Korea for more than 60 days in a one-year period, AND
- Currently possess permanent residency or citizenship of a foreign state. IN ADDITION,
- One's parents must also currently possess permanent residency or citizenship of a foreign state.
One would verify that he is a second-generation, non-resident citizen by submitting documentation to Korean embassy or consulate, which provides a stamp on the passport signifying the exempt status.
Second, there is an exemption for those studying in a "domestic educational institute." This page from the MMA explains this exemption in more detail. To be eligible for this exemption, one must simply have a permanent residency or a citizenship of a country other than Korea. The exemption is cancelled if:
- One stays for more than six months after graduating, finishing, taking a break from or having been expelled from the school;
- One's mother, father or spouse stays in Korea for more than six months out of the year during the time at school; OR
- One works and earns money during one's study.
If your situation does not fall under the two exemptions, there is still hope. There is currently a Constitutional Court petition in progress to find the 2005 law that prohibited renunciation of citizenship unconstitutional. Hopefully, the Constitutional Court would fashion a more rational solution to the military draft issue. It would be a good idea to check back on this issue in a year or so.
The Korean will stress this again: he is not an immigration attorney of Korea. Nor is he watching this situation very closely. The laws and regulations may change again at any time. If you are difficult situation in terms of citizenship or military draft status, make sure to consult an actual attorney, and/or Korea's diplomatic staff.
Got a question or a comment for the Korean? Email away at askakorean@gmail.com.
0 Response to "Military Draft Quandry: Update"
Post a Comment