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GCM Guiding Principles*

*All practices are to uphold the ten guiding principles of the GCM. This practice particularly exemplifies these listed principles.

Sustainable Development Goals (SDGs)

Dates

1999 - Present

Type of practice

Policy (including law, public measure)

Geographic scope

Summary

Overseas Koreans are comprised of the following two groups: a) a national of the Republic of Korea who has acquired the right of permanent residence in a foreign country or is residing in a foreign country long term (Korean national residing abroad) and b) a person who has held the nationality of the Republic of Korea and their lineal descendants, who have acquired the nationality of a foreign country (foreign nationality Koreans). The Ministry of Justice is the government body responsible for handling policies on immigration affairs of Korean nationals residing abroad and overall policies on foreign nationality Koreans.

Being guided by a social consensus to introduce a policy that considers the unique historical background that had caused emigration, including being forced and conscripted to work overseas during the Japanese colonial era, the partition of the Korean peninsula, and adoptions, the Government of the Republic of Korea introduced the Act On The Immigration And Legal Status of Overseas Koreans (a.k.a. the Act on Overseas Koreans) in 1999, which serves as a basis of guaranteeing their entry/departure to/from Korea and their legal status in Korea. In line with the Act On Overseas Koreans, foreign nationality Koreans are entitled to obtain an F-4 residential status (Overseas Korean Visa), which guarantees their entry and residence in Korea.

Organizations

Main Implementing Organization(s)

Government of the Republic of Korea

Detailed Information

Ministry of Justice of the Republic of Korea

Benefit and Impact

Korea's policies on overseas Koreans focus on guaranteeing overseas Koreans' entry to/departure from Korea and their residence in Korea (Article 5 and 10 of the Act on Overseas Koreans).

Foreign nationality Koreans are allowed to continue their stay in Korea by renewing their F-4 visa every three years. F-4 Visa holders can also enjoy unrestricted entry to/departure from Korea without a re-entry permit. F-4 visa holders can engage in employment and other economic activities to the extent that such activities do not impair social order or economic stability

Through these policies that promote inclusivity for overseas Koreans, who share the same ethnic heritage, by guaranteeing free travel to their home country and legal status, Korea aims to:
- Ensure that overseas Koreans keep close ties with Korea after settling abroad, thereby heightening their sense of pride in their home country and facilitating the shared growth of Korea and overseas Koreans community, and
- Support their return to Korea by creating a stable living environment.

Key Lessons

The Act on Overseas Koreans initially limited the definition of a foreign nationality Korean to 'a person who had held Korean nationality and acquired foreign nationality' (first generation overseas Korean) and 'a person with a foreign nationality whose either of parents or either of grandparents had held Korean nationality and acquired foreign nationality (second and third generation of overseas Korean), excluding the fourth generation - mostly minors- and inevitably separating them from their parents living in Korea.

To address this issue, the Enforcement Decree of the Act on Overseas Koreans was amended in Sep.2, 2019 to expand the definition of a foreign nationality Korean to include 'lineal descendants of a person who had held Korean nationality through birth and acquired foreign nationality'.

Recommendations(if the practice is to be replicated)

Before the amendment of the ‘Enforcement Decree of the Act on the Immigration and Legal Status of Overseas Koreans’ in July 2019, the fourth generation Korean compatriots had difficulties settling in Korea as they had to leave Korea upon turning the age of 19. Korean Government, commemorating the centennial anniversary of March 1st Independence Movement and Korea Provisional Government, amended the decree. The amended decree takes broader definition of ‘Korean compatriots’ than before, so as to support more compatriots and their stable settlement in Korea.

Further, to help the fourth and later generation Korean compatriots adapt better to Korean society, Korean government provided programs for social integration such as Korean language, culture, law and order education.

Innovation

Korean government, in September 2017, which was about two years before formally amending the Enforcement Decree of the Act on the Immigration and Legal Status of Overseas Koreans in July 2019, took temporary measure to allow fourth generation Korean compatriots under the age 25 to stay in Korea. This temporary measure made it possible for families with young fourth generation Korean compatriots to stay together even though the fourth generation Korean compatriots were not included in the legal definition of ‘Overseas Korean’ protected by the former enforcement decree. Korean government, with such transitional measure, successfully completed amending process without having to separate families, and granted the legal status of ‘Overseas Korean’ to all fourth generation Korean compatriots who are lineal decedents of the earlier generation overseas Koreans.

At the same time, Korean government made it obligatory for the fourth generation Korean compatriots to participate programs for social integration like education on basic law and order, and Korean society.

Additional Resources

Hi Korea

Date submitted:

30 March 2022

Disclaimer: The content of this practice reflects the views of the implementers and does not necessarily reflect the views of the United Nations, the United Nations Network on Migration, and its members.