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On February 03 2010 04:37 LF9 wrote:
I am pretty sure there are laws against drafting an American citizen into a foreign military regardless; a call to the USA embassy would probably suffice to bail you out should the worst happen.
On another note, I have yet to receive an answer as to why that random poster was banned for a seemingly innocuous post.
Previously banned user, the automatic ban thread decrees.
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My parents paid and I got out of having to join the military when I went to visit Korea. Not sure how much it was exactly, but it was when I still had a Korean citizenship.
I know that Americans are allowed dual with an American + Korean citizenship but in Canada you can only have one or the other and now I have a Canadian one.
So all in all, you can always pay to get out of it if you still have your Korean citizenship.
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As long as it's a vacation you should be fine. I remember reading about cases of doubt, like people staying half of their life in korea/usa getting in 'trouble'.
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Honestly, you should contact some reliable source for this kind of information. As mentioned earlier in this thread, the Korean embassy is a place to start. It would really suck if you got some bad info here and actually got drafted.
I know it can happen since I have to deal with the same thing with the dual Taiwan/US citizenship thing, though military service in Taiwan is cakewalk compared to the beating the Koreans give.
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3861 Posts
On February 03 2010 06:24 kOre wrote:
My parents paid and I got out of having to join the military when I went to visit Korea. Not sure how much it was exactly, but it was when I still had a Korean citizenship.
I know that Americans are allowed dual with an American + Korean citizenship but in Canada you can only have one or the other and now I have a Canadian one.
So all in all, you can always pay to get out of it if you still have your Korean citizenship.
Wrong, Americans cannot have dual citizenship. If you have both it's because one govt doesn't know about the other. Legally, it's not possible.
You need to check first, if you have a Korean ID number (주민등록증). If you don't have one, then you are NOT registered as Korean, thus you're fine.
If you do and the name is the same name you have on your US passport, then they might detain you too.
If the name on your US passport is different from your Korean name, then you are fine to come in strictly as an American for 30 days. (That's max amount of days you can stay without any tourist visa).
You can also come to Korea and denounce your Korean citizenship and just get an F4 visa (green card, basically) and so then you'd just be a foreign national.
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On February 03 2010 10:50 lilsusie wrote:
Wrong, Americans cannot have dual citizenship. If you have both it's because one govt doesn't know about the other. Legally, it's not possible.
Sorry, I know this doesn't directly relate to the topic at hand, but this isn't true. While this obviously has no bearing on Korean nationality law (with which I am unfamiliar), it's perfectly legal (or, at least not at all illegal) for a US citizen to hold dual citizenship in most cases. This is upheld by multiple Supreme Court decisions, most directly and famously 7 FAM 1162 (which I can't find a copy of, but this article from usa.gov confirms the legality of dual citizenship for US citizens, both born and naturalized).
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3861 Posts
On February 03 2010 14:24 Wist wrote:Show nested quote +On February 03 2010 10:50 lilsusie wrote:
Wrong, Americans cannot have dual citizenship. If you have both it's because one govt doesn't know about the other. Legally, it's not possible. Sorry, I know this doesn't directly relate to the topic at hand, but this isn't true. While this obviously has no bearing on Korean nationality law (with which I am unfamiliar), it's perfectly legal (or, at least not at all illegal) for a US citizen to hold dual citizenship in most cases. This is upheld by multiple Supreme Court decisions, most directly and famously 7 FAM 1162 (which I can't find a copy of, but this article from usa.gov confirms the legality of dual citizenship for US citizens, both born and naturalized).
It's Korea who doesn't allow it. Not America.
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I know at least 5 people who are both swedish and americans so yeah Wist is is correct. It's obvious lilsusie is talking about kor+us only though
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http://travel.state.gov/travel/cis_pa_tw/cis/cis_1018.html
"DUAL NATIONALITY: The Government of the Republic of Korea does not recognize dual citizenship. Men must choose a single nationality by March 31 of the year they turn 18 years old, and women by the age of 21. If men do not select a nationality by that date, the Korean government will consider them to have chosen Korean nationality, and they will be obligated to serve duty in the Korean military. Conversely, women who do not choose a nationality by age 21 will be considered to have lost their Korean nationality."
Really weird about the different age for men and women. Seems arbitrary as hell
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On February 03 2010 22:08 Foucault wrote:http://travel.state.gov/travel/cis_pa_tw/cis/cis_1018.html"DUAL NATIONALITY: The Government of the Republic of Korea does not recognize dual citizenship. Men must choose a single nationality by March 31 of the year they turn 18 years old, and women by the age of 21. If men do not select a nationality by that date, the Korean government will consider them to have chosen Korean nationality, and they will be obligated to serve duty in the Korean military. Conversely, women who do not choose a nationality by age 21 will be considered to have lost their Korean nationality." Really weird about the different age for men and women. Seems arbitrary as hell
I like how they keep the men, but the women can just GTFO apparently.
And yes, I understand it's how many Asian cultures are. I'm Chinese and happy that I was born as a guy. Bullet dodged. It's still funny though.
I'm sure there's a way to forfeit your Korean citizenship though. I am 100% behind the advice to contact a Korean embassy/gov't office or even someone with the US citizenship offices or something. They should be able to help you in some way or other.
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i'm not sure if this thread has been answered or not as i havent read through all of it. i can tell you that i came to korea last year and i had to go through a pretty long process to prove that, even though i am an american born korean, my name is not on the family registry and as such i did not have to join the military. i'm the same age as you too.
basically they (at the immigration office) told me that ii had to have renounced my dual citizenship (if i had had one) by the time i was 18. if not, korean conscription policies still apply and i wouldh ave had to spent two years in the korean army.
are u sure you're on the family registry?
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Wow, just go to the homepage of the Korean Embassy. Why bother asking TL?
+ Show Spoiler +In principle, all Korean males between the age of 18 and 35 are subject to the Korean military duty. Males with dual citizenships who are registered in the Korean Family Registrar are required to fulfill their military obligations, unless they postpone or obtain exemption before they reach the age of 18. Koreans who acquired the US citizenship by naturalization are not considered dual citizens; they are US citizens not subject to the Korean military duty. According to the Korean Nationality Act, those who have obtained foreign citizenships by naturalization automatically lose their Korean citizenships. Only those who acquired their foreign citizenships by birth are able to have dual citizenships until the age of 22, at which time they are required to choose a nationality. In addition, all Korean males who were born in the US to Korean parents but are not registered in the Korean Family Registrar are not subject to the military duty.
For Korean males who have obtained US citizenships by birth and are registered in the Korean Family Registrar must either postpone the military duty or renounce the Korean nationality before they reach 18. In order to avoid the imposition of the military duty, all postponements should be made before January 15 of the year they turn the age of 18, whereas renouncements must be made before March 31 of the year they turn 18.
The following dual citizens are eligible to postpone the military duty until the age of 35, after which they obtain full exemption:
- Those who reside in the US with parents with US citizenships
- Those who have resided in the US with parents since the age of 17
- Those who have resided in the US for 10 consecutive years (parents should not reside in the Republic of Korea)
For the purpose of proving the intention of permanent residency, all dual citizens subject to the military duty must submit documents, such as a copy of their parents' permanent residency cards (Green cards), proof of their parents' US citizenships, or the proof of their parents' application for permanent residency or US citizenship, when they apply for the renouncement of dual citizenship.
For further information on the registration process of the loss of Korean nationality, please check the website of the Korean Consulate General in each area according by its jurisdiction.
You are perfectly fine I guess...
CASE SOLVED !
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EPT
