Citizenship in North Korea is a status given to individuals recognized as North Korean by the government of the country. It is a source of shared national identity, but can also be one of contention or conflict. DPRK Passport Photo

Nationality law of the DPRK

North Korea North Korea, officially the Democratic People's Republic of Korea (DPRK), is a country in East Asia. It constitutes the northern half of the Korean Peninsula and shares borders with China and Russia to the north, at the Yalu (Amnok) and T ...

adopted a nationality law in 1963, 15 years after being founded on 9 September 1948. It has since been revised in 1995 and 1999. The nationality law of the Democratic People's Republic of Korea (DPRK) governs who is a citizen of the DPRK, and how one may gain or lose such citizenship. It prescribes citizenship qualifications, citizen rights, and citizen protections. While containing just 16 articles, it covers most of the basic features which can be found across modern citizenship legislation in other nations. Furthermore, North Korean nationality law incorporates anyone who resided in the country since the foundation of the DPRK. This includes varied groups due to the DPRK's annexation by Japan and the United States, occupation by the

Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, ...

and final surrender to the Allies in 1945. The law assumes that people registered in North Korea became nationals of North Korea.

Types of citizenship

Source:

By blood

'' Jus sanguinis'', or the "right of blood," means determining citizenship through the status of a child's parents. Any child born to two North Korean nationals becomes a North Korean citizen. However, if a child is born abroad to one North Korean national and one parent of a different nationality, the citizenship is to be determined by the parents.

Birthright

'' Jus soli'', or the "right of the soil," is better known as

birthright citizenship ''Jus soli'' ( , , ; meaning "right of soil"), commonly referred to as birthright citizenship, is the right of anyone born in the territory of a state to nationality or citizenship. ''Jus soli'' was part of the English common law, in contras ...

. This type of citizenship or nationality is awarded to citizens who are born within the jurisdiction of a given state. In North Korea, birth within the country's borders does not automatically grant a child citizenship, with the exception of a child born in North Korea with "unknown or stateless parents."

Naturalization

The process of naturalization involves formal proceedings for acquiring citizenship of a country. It is not guaranteed and can involve a wide variety of stipulations. In North Korea, the status of naturalization is unclear. It can only be granted by the

Presidium of the Supreme People's Assembly The Supreme People's Assembly (SPA; ) is the unicameral legislature of the Democratic People's Republic of Korea (DPRK), commonly known as North Korea. It consists of one deputy from each of the DPRK's 687 constituencies, elected to five-year ...

, and further specific requirements are unknown.

Dual citizenship

The government of North Korea does not recognise dual nationality except if such a person defected to North Korea and travel is not possible. However, North Korean citizens who flee to South Korea automatically become South Korean citizens regardless of their own will as the North Korean government is not recognised by South Korean authorities based on the Article 3 of the

Constitution of South Korea The Constitution of the Republic of Korea () is the supreme law of South Korea. It was promulgated on July 17, 1948, and last revised on October 29, 1987. Background The Provisional Charter of Korea The preamble of the Constitution of South ...

which states that "Republic of Korea has the Korean peninsula and its dependent islands as its territory". They are not allowed to return to North Korea without special permission and approval from the South Korean government.

Notes

References

* * *

External links

Unofficial English and Japanese translations of the Nationality Law of 1963
{{Asia topic, Citizenship in 1963 in law North Korean nationality law