1.5 Generation Korean-American Gyopo

Sunday, March 13, 2005

Clarification of Visas and Korean military service

Disclaimer: These are my personal interpretations of Korean law through experiences of my 1.5 and 2nd generation friends and relatives. Please use the following information at your own risk and consult an attorney. You have been advised.

For official information, visit the Korean Consulate office.

The most common types of Visas used by Korean-Americans when entering Korea are:

No Visa
U.S. citizen can stay in Korea for up to 30 days without a Visa.

C-3
This is a tourist Visa which allows you to stay in Korea for up to 90 days.

F-4
This Visa allows Korean-Americans to live and work in Korea indefinitely. It is renewable every 2 years. It is issued to 1.5 Koreans who became naturalized U.S. citizens or U.S. born children of Korean-Americans who became naturalized U.S. citizens.


Obligation to serve in the Korean military:
1.5 generation Korean-Americans

For 1.5 Koreans, the day you became a naturalized U.S. citizen, you AUTOMATICALLY lost your Korean citizenship and you are not required to serve in the Korean military. Technically your name should’ve been removed from 호적(Hojuk), but if you never reported this fact, then your name stays on the 호적(Hojuk) in error.
Then you can enter Korea using no Visa, C-3, or F-4 Visas to enter Korea without worrying about Korean military service. I’ve traveled to Korea 3 times with a C-3 without a peep from the Korean military.

When you request for an F-4 Visa, you are required to show that you were once a Korean citizen. This can be proven by submitting your naturalization certificate which states your former nationality as Korean. Then, in order for 호적(Hojuk) to properly reflect this fact, they require you to file 국적상실신고서(Loss of Korean Citizenship). When you file this document, you are not renouncing your Korean Citizenship. You already lost your Korean Citizenship. You are simply reporting the fact that you lost your Korean Citizenship the day you became naturalized. Therefore, no judge intervention is necessary to remove your name from 호적(Hojuk). Once they process your 국적상실신고서(Loss of Korea Citizenship), and then you go pull your 호적(Hojuk) again, your name is no longer there. (If you had already filed 국적상실신고서 and you need to show that your name was on the 호적(Hojuk) but it was since removed, then you need to pull 제적등본(Jaejukdeungbon))

Obligation to serve in the Korean military:
2nd generation Korean-Americans

For 2nd Koreans, it’s a lot more complicated process. If you were born in U.S. and you also registered your name on your 호적(Hojuk) then Korean government treats you as a dual citizen until you are 18. If you do not renounce your Korean citizenship before you turn 18, then you are obligated to serve in the Korean military because you are a Korean Citizen in addition to being an American citizen. After 18, you no longer have any benefits of being a Korean citizen because they no longer recognize dual citizenship. It’s just that your obligation to serve in the Korean military still stays. (I know, it sucks and it is moronic.) If you try to renounce your Korean citizenship after you turn 18, then some legal process is required in order to renounce your Korean citizenship and to erase your name from 호적(Hojuk). If you are successful in removing your name from 호적(Hojuk), then your Korean military obligation disappears.

I strongly suggest any 2nd generation Koreans who registered their names on the 호적(Hojuk) to have their names removed through Consulate office before setting foot in the Korean soil.

Check out Mike’s blog regarding his personal experience in this matter. Also check out an article regarding a 2nd generation Korean-American who was forced to serve in the Korean military here.