Citizenship in North Korea
North Korea adopted a nationality law in 1963: 15 years after being founded on September 9, 1948. It has since been revised in 1995 and 1999. Citizenship in North Korea is a status given to individuals which gives them specific rights, duties, privileges and benefits under North Korean law, which would not be available to non-citizens. Citizenship can serve as a measure to identify legal status, the recognition of a shared national identity, and also as the source of contention or conflict.
Nationality Law of the DPRK
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.[1] 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[2]
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
Due to complications within the country itself, dual citizenship is not permitted in North Korea at this moment in time. However, North Korean citizens who flee to South Korea automatically become South Korean citizens. Also, North Korean citizens are not allowed to leave the country without permission from the Government.
In addition to this, most North Korean defectors who flee to South Korea, China or any other country will automatically lose their citizenship of North Korea, unless North Korean defectors who fled to China and were caught have been requested by the North Korean government to be deported back to North Korea.
Due to still-hostile relations between North and South Korea, north Korean defectors who reach South Korea are not permitted by the South Korean government to return to the North, although this rule is mostly ignored.
See also
Notes
- ↑ Kim, Chin (1972). "North Korean Nationality Law". International Lawyer 6 (2): 324.
- ↑ US Department of State, Office of Citizen Consular Services. "Multiple Citizenship: North Korea". Retrieved 22 November 2011.
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
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