Expansion of the Scope of Permanent Return for Sakhalin Koreans under the Amendment to the Overseas Koreans Act, a New Path Opened for the Families of Sakhalin Koreans

The legal basis for the Sakhalin Koreans support policy is the Special Act on Support for Sakhalin Koreans, enacted in 2020.

Sakhalin Koreans refers to ethnic Koreans who came to migrate to the Sakhalin region under Japan's forced mobilization policy during the Japanese colonial period.

Even after liberation, Sakhalin Koreans, who found it difficult to return for various reasons such as the political situation and international relations, came to reside abroad for a long time without being able to return to their hometown.

In consideration of this historical background, the Government of the Republic of Korea has implemented policies to support the permanent return and domestic settlement of Sakhalin Koreans.

The main contents of the support policy are as follows.

• Permanent return support
• Domestic settlement support
• Living stability support
• Medical and welfare support

This system has the characteristic of being a policy for the protection of overseas Koreans grounded in historical responsibility.

Limitations of the Existing System

The Sakhalin Koreans support policy underwent several institutional improvements, yet limitations still remained.

Before the 2024 amendment, eligibility for permanent return support was limited as follows.

• The Sakhalin Korean themselves
• The spouse
• One lineal descendant and that descendant's spouse

As a result, it was pointed out that the system did not sufficiently reflect the family structure and actual living arrangements of Sakhalin Koreans.

Behind this legislative amendment lies the issue of the aging of the first generation of Sakhalin Koreans.

The first generation of Sakhalin Koreans are mostly the generation that migrated to Sakhalin through forced mobilization during the Japanese colonial period, and a considerable number are currently of advanced age, with cases of death also increasing.

In this situation, the existing system gave rise to the following problems.

• The impossibility of return support for families after the death of a Sakhalin Korean
• Insufficient effectiveness of the family-unit return policy
• Limitations in protecting the families of historical victims

The Overseas Koreans Agency announced that, following the enforcement of the amended law, it plans to pursue the following policies.

• Expansion of permanent return support for the families of Sakhalin Koreans
• Strengthening of domestic settlement support
• Operation of living stability programs
• Expansion of welfare and medical support

The government stated that it will operate living support policies in tandem so that the Korean compatriots can settle stably even after their permanent return.

Both overseas Koreans and overseas nationals refer to people of Korean descent residing abroad, but their legal status differs.

First, an overseas national refers to a person who resides abroad while retaining the nationality of the Republic of Korea.

For example, a Korean national who emigrates abroad or stays abroad for an extended period qualifies as an overseas national. Because overseas nationals are still nationals of the Republic of Korea, their rights and obligations within the country are, in principle, maintained.

By contrast, an overseas Korean refers to a person residing abroad who does not hold the nationality of the Republic of Korea but who formerly held Korean nationality or is of Korean descent.

Typically, the following persons qualify as overseas Koreans.

• Persons who formerly held the nationality of the Republic of Korea and later acquired a foreign nationality
• Descendants of Koreans residing abroad
• Koryo-saram, Sakhalin Koreans, and other compatriots who settled abroad for historical reasons

In other words, an overseas national is a person residing abroad who currently holds the nationality of the Republic of Korea, whereas an overseas Korean is a person residing abroad who is of Korean descent even without the nationality of the Republic of Korea; therein lies the difference.

The Overseas Koreans Act can be regarded as a legal mechanism that permits such overseas Koreans to reside and engage in activities within the country to a certain extent, thereby enabling them to maintain their historical and cultural connection with the Republic of Korea.

One of the most central systems under the Overseas Koreans Act is the overseas Koreans residence status (F-4 visa).

The F-4 visa is a visa system that permits foreign-national compatriots who formerly held the nationality of the Republic of Korea or who are of Korean descent to reside in the country for an extended period and to carry out certain activities.

Unlike ordinary foreign residence statuses, the F-4 visa has the characteristic of permitting relatively broad activities in consideration of the historical and cultural particularities of overseas Koreans.

Through this, overseas Koreans can reside in the country for an extended period and engage in various activities such as employment, business, and investment.

The typical persons who may apply for the F-4 visa are as follows.

• Foreign nationals who formerly held the nationality of the Republic of Korea
• Lineal descendants of nationals of the Republic of Korea
• Koryo-saram, Sakhalin Koreans, and other compatriots of Korean descent who settled abroad for historical reasons

Once the F-4 visa is obtained, residence may generally be permitted within a range of three years, and the residence period may also be extended if certain requirements are met.

In addition, unlike ordinary employment visas, the holder is in many cases not bound to a specific employer, so relatively free economic activity is possible.

However, where certain grounds exist, such as a criminal record, military service issues, or reasons for a past renunciation of nationality, the issuance of the F-4 visa may be restricted, so an accurate review in advance is necessary.

Once an F-4 visa under the Overseas Koreans Act is obtained, various activities become available within the country. A characteristic of this status is that it permits a broader range of economic activity than ordinary foreign residence statuses.

Typically, the following activities are available.

Matters concerning overseas Koreans, such as Sakhalin Koreans, are not limited to simple visa questions but constitute an area where multiple laws apply together, including the Nationality Act, the Immigration Act, and the Overseas Koreans Act.

In particular, where a history of loss of nationality, military service issues, past records of residence, and the like are intertwined, the procedures can become complicated.

Daeryun provides a range of legal services regarding legal matters related to overseas Koreans, including review of overseas Koreans residence qualifications, analysis of the feasibility of F-4 visa issuance, review of nationality reinstatement and nationality reacquisition procedures, and legal advice concerning domestic residence and activities.

If you are residing in Korea as an overseas Korean or are planning to settle here over the long term, you are welcome to confirm which legal procedures are required in your current situation through the 🔗overseas immigration attorney legal consultation booking.