국적법 제14조의2 국적이탈 허가 제도의 내용과 여러 문제

This paper aims to analyze the requirements and legal issues of the permission system for renunciation of nationality under Article 14-2 of the Nationality Act, to propose criteria for its operation, and to suggest improvements by identifying the limitations of the current system. This act was introduced in response to a Constitutional Court decision that criticized the excessive restriction on the freedom of dual nationals to renounce Korean nationality due to the rigid time limits imposed by the former reporting system. Given the legislative trend of the Nationality Act toward recognizing dual nationality, the system for granting permission to renounce nationality should provide broader protection for the freedom of nationality renunciation for dual nationals. From this perspective, the paper presents interpretative criteria for the requirements of residing abroad and having a justifiable reason, and analyzes the legal nature and function of the factors considered in the permission process, thereby deriving the scope and limits of administrative discretion. Furthermore, the paper critiques the limitations of the system in ensuring fairness in the fulfillment of military service obligations and examines the issues in restricting applicants, the scope of information disclosure, and the operation of the Nationality Review Committee. Ultimately, the paper argues that the system should be operated in a way that takes into account the individual circumstances of dual nationals to ensure their freedom to renounce nationality, and calls for a constitutional rebalancing between military service obligations and individual freedoms.