개편된 이중국적제도에 대한 법리적 고찰

Since the enactment of the Nationality Act of 1948, the dual nationality policy has been strictly managed through a value of single nationality and homogeneous ethnicity. In particular, the seventh amendment of the Nationality Act of 1997, which forced selection of single nationality, can be perceived as a manifestation of the Korean government’s policy against dual nationality. The closed and passive policy with respect to dual nationality has operated to limit government’s approach to dealing with issues population control, human rights and attracting human capitals. As such, in 2010 with the adoption of the policy of “Oath Not to Exercise the Foreign Nationality” through the ninth amendment to the Nationality Act, there has been a sweeping change toward a governmental policy permitting dual nationality. The following policies have been also introduced in order to rationally control dual nationality systems, (1) governmental order to choose single nationality for dual national, (2) governmental decision on loss of Korean nationality; (3) special cases allowing dual national. Through this study, I have concluded that the policies of 2010 permitting dual nationality come at an opportune time and offer meaningful implications in light of the review of previous dual nationality policy. Notwithstanding the recent developments with respect to permitting dual nationality, I have also emphasized that they have also raised substantial legal and policy relationship issues that will require a reasonable modification, adjustment or change to the existing laws and policies.