Citizenship in North Korea

Citizenship in North Korea is a status given to individuals recognised 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.

Nationality Law of the DPRK

North Korea adopted a nationality law in 1963: 15 years after being founded on September 9, 1948...^[1] It has since been revised in 1995 and 1999. The nationality law of the Democratic People's Republic of Korea 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.^[2] Furthermore, North Korean nationality law incorporates anyone who resided in the country since the foundation of the Democratic People's Republic of Korea (DPRK). This includes varied groups due to the DPRK's annexation by Japan and the United States, occupation by the Soviet Union 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^[3]

By Descent

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. 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, and further specific requirements are unknown.

Dual Citizenship

The Government of North Korea does not recognize dual nationality. However, North Korean citizens who flee to South Korea automatically become South Korean citizens. Also, North Korean citizens who defect to South Korea and become South Korean citizens are not allowed to return back to North Korea without special permission and approval from the South Korean Government.

See also

• Democratic People's Republic of Korea passport
• Korean reunification
• Nationality Law of the Democratic People's Republic of Korea
• North Korean defectors

Notes

References

• Ginsburgs, George (1983), The citizenship law of the USSR, Law in Eastern Europe #25, Brill, ISBN 978-90-247-2863-3 
• Kim, Chin (1972), "North Korea Nationality Law", International Law, 6 (34) 
• Sin, Steve (2009), "North Korean Constitution- April 2009", Blogspot 

External links

• Unofficial English and Japanese translations of the Nationality Law of 1963