복수국적과 병역의무: 쟁점 및 조화방안

Abstract

The Nationality Act of South Korea grants its citizens with multi-citizenship through birth or adoption the freedom of opting out of Korean nationality. For male citizens facing mandatory military service, however, there are restrictions banning the opt-out until the end of their service. On the other hand, for those who acquired foreign citizenship by choice automatically lose their Korean nationality and are made exempt from military obligations as a consequence. This discrepancy stems from the concerns against the spread of multi-citizenship among its people. Underlying these concerns is the negative public sentiment against those using their dual status as a way out of military obligations. A deeper look into the current laws and decrees on military draft unveils that this sentiment is overblown and baseless. Contrary to popular notion, it is by legally extending the multiple citizenship that we can retain the human resources for military service and restra in those seeking foreign nationality to avoid the service. From a survey conducted with adequate information on relevant laws, majority of respondents affirmed the need for banning the opt-out for those who acquired foreign citizenship by choice. This can be done by allowing more opportunities for multi-citizenship instead of reducing them.