복수국적자의 예외적 국적이탈에 관한 고찰 - 2016헌마889 결정 및 대한민국 국적법 제14조의2 신설을 중심으로 -

Abstract

In the era of globalization, with advancements in transportation and communication, international migration has increased, leading to a diversification of multiple nationalities types based on birth and residence rather than bloodline-defined single nationality. The emergence of multiple nationalities has raised issues of nationality conflicts between states and prompted ongoing legal and social debates about balancing public interest with fundamental rights. On September 24, 2020, the Constitutional Court of Korea ruled that uniformly restricting nationality renunciation by dual nationals through mandatory nationality choice and requiring completion of military service before renunciation violates the principle of proportionality. In response, the Ministry of Justice, reflecting the court's decision to the greatest extent possible, introduced an exceptional nationality renunciation system. Under this system, individuals who primarily reside abroad and have experienced significant disadvantages due to their multiple nationalities may lose their Korean nationality upon approval by the Nationality Review Committee and the Minister of Justice. The establishment of Article 14-2 of the Nationality Act, following the 2016Hun-Ma889 decision, marked an important turning point by redefining the legal approach to nationality renunciation for multiple nationalities. It provided exceptional relief procedures for those who missed the deadline to report nationality renunciation, thereby laying a constitutional foundation for the protection of human dignity and attempting to reasonably resolve nationality conflicts for multiple nationalities. The exceptional nationality renunciation system considers factors such as whether the individual was born abroad or emigrated before the age of six, has no genuine link to Korea, resides permanently abroad as a foreigner, and whether they face substantial disadvantages in their current identity or occupation. If legitimate reasons for failing to report nationality renunciation are recognized, exceptional approval may be granted. However, Korean Americans and other overseas Koreans have called for further legal revisions, including improvements to nationality renunciation procedures and additional measures regarding dual nationality selection and renunciation. At present, rather than pursuing immediate amendments to the Nationality Act or related laws, it is more pressing to stabilize the exceptional nationality renunciation system by strengthening the review personnel and institutionalizing the Nationality Review Committee. Allowing dual nationality fundamentally involves determining the scope of Korean sovereignty, addressing issues of social integration, international human rights law, and national security. It requires a high level of policy deliberation, underpinned by societal consensus and public agreement. Thus, gradual resolution through public opinion gathering and expert discussions is essential.