Nationality Law of the Democratic People's Republic of Korea
Encyclopedia
The nationality law of the Democratic People's Republic of Korea (DPRK, commonly known as North Korea
) governs who is a citizen of the DPRK, and how one may gain or lose such citizenship
.
's unilateral declaration that the Sakhalin Koreans
were DPRK citizens—in effect, one sovereign state granting its residents the citizenship of another sovereign state, presumably without any consultation.
The DPRK's first nationality law, passed on 9 October 1963, provided quite a broad definition of DPRK citizenship. Specifically, it stated that anyone who had citizenship of undivided Korea
and had retained it up to the promulgation of the new citizenship law, as well as descendants of such persons, was thenceforth a citizen of the DPRK. This raised the possibility that every member of the Korean diaspora would be considered a DPRK citizen, as there had previously been no clear procedure for renunciation of Korean citizenship, and few had taken such an official step. The new law also established that foreigners could gain DPRK nationality by naturalisation
. The law was amended on 23 March 1995.
The law permits multiple citizenship
, and specifies that nationality treaties with other countries take precedence over the text of the law. Due to the lack of normal diplomatic relations between the DPRK and Japan, Koreans in Japan with dual citizenship of the DPRK and Japan have had their requests to renounce Japanese citizenship
in favour of solely retaining DPRK citizenship refused by Japan's Justice Ministry
. It is also de jure possible to renounce DPRK nationality; the DPRK issues certificates of loss of nationality in such cases, which may be required by other states in which a former DPRK national seeks to naturalise. However, such certificates have become more difficult to obtain , according to South Korean media reports.
North Korea
The Democratic People’s Republic of Korea , , is a country in East Asia, occupying the northern half of the Korean Peninsula. Its capital and largest city is Pyongyang. The Korean Demilitarized Zone serves as the buffer zone between North Korea and South Korea...
) governs who is a citizen of the DPRK, and how one may gain or lose such citizenship
Citizenship
Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...
.
History
Up until 1963, the DPRK had no formal nationality law. This led to situations which were quite unusual from the perspective of international law, most notably the Soviet UnionSoviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
's unilateral declaration that the Sakhalin Koreans
Sakhalin Koreans
Sakhalin Koreans are Russian citizens and residents of Korean descent living on Sakhalin Island, who trace their roots to the immigrants from the Gyeongsang and Jeolla provinces of Korea during the late 1930s and early 1940s, the latter half of the Japanese colonial era...
were DPRK citizens—in effect, one sovereign state granting its residents the citizenship of another sovereign state, presumably without any consultation.
The DPRK's first nationality law, passed on 9 October 1963, provided quite a broad definition of DPRK citizenship. Specifically, it stated that anyone who had citizenship of undivided Korea
Korea
Korea ) is an East Asian geographic region that is currently divided into two separate sovereign states — North Korea and South Korea. Located on the Korean Peninsula, Korea is bordered by the People's Republic of China to the northwest, Russia to the northeast, and is separated from Japan to the...
and had retained it up to the promulgation of the new citizenship law, as well as descendants of such persons, was thenceforth a citizen of the DPRK. This raised the possibility that every member of the Korean diaspora would be considered a DPRK citizen, as there had previously been no clear procedure for renunciation of Korean citizenship, and few had taken such an official step. The new law also established that foreigners could gain DPRK nationality by naturalisation
Naturalization
Naturalization is the acquisition of citizenship and nationality by somebody who was not a citizen of that country at the time of birth....
. The law was amended on 23 March 1995.
The law permits multiple citizenship
Multiple citizenship
Multiple citizenship is a status in which a person is concurrently regarded as a citizen under the laws of more than one state. Multiple citizenships exist because different countries use different, and not necessarily mutually exclusive, citizenship requirements...
, and specifies that nationality treaties with other countries take precedence over the text of the law. Due to the lack of normal diplomatic relations between the DPRK and Japan, Koreans in Japan with dual citizenship of the DPRK and Japan have had their requests to renounce Japanese citizenship
Japanese nationality law
Japanese nationality is a legal designation and set of rights granted to those people who have met the federal criteria for citizenship by parentage or by naturalization...
in favour of solely retaining DPRK citizenship refused by Japan's Justice Ministry
Ministry of Justice (Japan)
The is one of Ministries of the Japanese government.-Meiji Constitution:The Ministry of Justice was established under the Constitution of the Empire of Japan in 1871 as the .-Constitution of Japan:...
. It is also de jure possible to renounce DPRK nationality; the DPRK issues certificates of loss of nationality in such cases, which may be required by other states in which a former DPRK national seeks to naturalise. However, such certificates have become more difficult to obtain , according to South Korean media reports.