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To prevent multiple nationalities from avoiding military service, the Constitutional Court ruled that the provisions of the Nationality Law, which limit the period in which they can choose nationality, are contrary to the Constitution. The Constitution has mandated that an exception be granted for multiple nationalities who have not completed military service until September 2022. Reporter Jo Sung-ho. Born in 1999, Mr. A is a so-called “congenital multiple nationality”. I was born in the United States, but since my mother is Korean, I acquired both nationalities at the same time. Under current law, Mr. A must have chosen his nationality until March 2017, when he turns 18 and must join the military. Otherwise, you will have to live with multiple nationalities until you complete your military service or turn 36 when you are exempt from military service. This is a rule to avoid the abandonment of nationality due to the impending period of military service while enjoying the benefits as a Korean. Mr. A, who had never filed a birth report in Korea, filed a constitutional petition for violating basic rights after learning of these restrictions at the end of the process of renouncing his Korean nationality. The Constitutional Court, which had previously made two constitutional decisions on the same provisions, this time accepted some of these claims and decided that the relevant provisions were unconstitutional. The Constitution assessed that the provisions were adequate for the purpose of preventing nationality from being displaced to avoid military service. However, he noted that it can be difficult to expect an understanding of Korean law if multiple nationalities have primarily lived abroad. However, allowing them to maintain their nationality until the end of military service because the period had passed was judged to severely limit their freedom. However, if the provisions become invalid due to the decision to be unconstitutional, we have made the decision to review the law by September 2022, saying there are concerns about side effects. The provisions considered unconstitutional apply to cases of multiple nationalities before the age of 18. It is known that the second generation of Koreans who missed the period of renunciation of nationality suffer disadvantages when entering public office or enlisting in foreign countries and therefore live as the so-called ‘frontiers’. It is different from the case of abandoning the Korean nationality after obtaining the foreign nationality after turning 18, like the singer Yoo Seung-joon, who generated the controversy about “evading military service.” However, there are still concerns that if restrictions on nationality for multiple nationalities are eased, it could be abused as a means to evade military service. For this reason, the Constitutional Court ordered the elaboration of an exceptional permit taking into account individual circumstances. YTN Sungho Jo[[email protected]]is. ※ ‘Your report becomes news’ YTN is waiting for your valuable report.
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