CONTENTS
- 1. The Reinstatement of Nationality Controversy: Standards for Reinstatement Seen Through the Case of a Sports Star
- - Why the Lin Xiaojun Case Is Drawing Attention
- 2. Is Reinstatement of Nationality Actually Possible?
- - Procedure for the Reinstatement of Nationality
- - Can Social Controversy Also Have an Effect?
- 3. The Reinstatement of Nationality Procedure: Why Legal Review Is Needed
1. The Reinstatement of Nationality Controversy: Standards for Reinstatement Seen Through the Case of a Sports Star
Reinstatement of nationality refers to the system under which a person who once held the nationality of the Republic of Korea but later acquired a foreign nationality or renounced their nationality reacquires the nationality of the Republic of Korea with the permission of the Minister of Justice.
Under the Nationality Act of the Republic of Korea, a foreign national who was formerly a Korean national may apply for the reinstatement of nationality if certain requirements are met.
In legal terms, therefore, renouncing one's nationality once does not mean that one can never hold Korean nationality again.
The issue of reinstatement of nationality has recently drawn attention once again.
This is because interest is growing in whether the short-track speed skater Lin Xiaojun (Korean name Lim Hyo-jun), a former member of the Korean national team, can reinstate his Korean nationality, as he stands at a crossroads in his athletic career after the 2026 Milan Winter Olympics.
Lin Xiaojun won a gold medal at the 2018 PyeongChang Winter Olympics and was a leading figure in Korean short-track speed skating, but he was naturalized as a Chinese citizen in 2021 after going through various controversies and legal disputes.
When he did not achieve the results he had expected at this Olympics, however, the question of “whether he can acquire Korean nationality again” has been raised once more in some quarters.
In the sports world, there are occasional cases in which a change of nationality occurs because of an athlete's career path or opportunities to compete on a national team.
The question of renouncing one's nationality once and then reinstating the original nationality, however, is not a matter that can be resolved by individual choice alone.
Because nationality is a system that simultaneously defines an individual's status and the legal relationship with the state, the reinstatement of nationality must go through strict legal procedures and review.
Why the Lin Xiaojun Case Is Drawing Attention
Lin Xiaojun was a leading figure in Korean short-track speed skating.
He emerged as a star of Korean short-track speed skating by winning the gold medal in the men's 1500m at the 2018 PyeongChang Winter Olympics.
The situation changed, however, when he received a disqualification penalty over an incident that occurred during national team training in 2019.
Afterward, although the criminal trial ended in an acquittal after a legal dispute, he chose to be naturalized as a Chinese citizen in 2021 during the course of the trial.
At the time, he hoped to compete in the 2022 Beijing Olympics as a representative of China, but under the rules of the International Olympic Committee (IOC), an athlete who has competed in an international competition as a member of an existing national team may compete in the Olympics only after at least three years have passed following the change of nationality, and his participation in the Beijing Olympics fell through because of that rule.
He subsequently competed as a representative of China at the 2026 Milan Winter Olympics but did not win a medal, and discussion surrounding his future athletic career and his nationality has emerged once again.
2. Is Reinstatement of Nationality Actually Possible?
The Nationality Act of the Republic of Korea provides that a foreign national who formerly held Korean nationality may reacquire that nationality upon obtaining permission from the Ministry of Justice.
In reviewing the reinstatement of nationality, however, the following factors are considered comprehensively.
- The circumstances under which the nationality was lost
- The effect on Korean society
- Military service issues
- Whether there is any prior criminal conduct or social controversy
- The relationship to public order and the national interest
Procedure for the Reinstatement of Nationality
① Application for Reinstatement of Nationality
A foreign national who formerly held the nationality of the Republic of Korea may file an application with the Ministry of Justice for permission to reinstate their nationality.
When applying, the applicant must submit relevant documents, including an application for permission to reinstate nationality; a certificate of family relations records, a copy of the removed family register, or other documents proving that the applicant was a national of the Republic of Korea; documents proving the cause of and the date of the loss of nationality; and, where there is a person applying for accompanying acquisition, documents proving that relationship.
② Review by the Ministry of Justice
The Ministry of Justice comprehensively examines factors such as the applicant's grounds for the loss of nationality, military service issues, criminal record, and the effect on Korean society.
In particular, whether the renunciation of nationality was for the purpose of evading military service and the possibility of harm to the national interest become important factors in the determination.
③ Decision to Grant Reinstatement of Nationality
If the applicant passes the review, they may reacquire the nationality of the Republic of Korea through the permission of the Minister of Justice.
In some cases, however, additional requirements may apply, such as an obligation to renounce the foreign nationality or to fulfill military service obligations.
Can Social Controversy Also Have an Effect?
Whether reinstatement of nationality is permitted is not determined by legal requirements alone.
Social controversy and public sentiment may also be subject to consideration.
As a representative example, the case of the singer Steve Yoo (Yoo Seung-jun) is frequently mentioned.
After the controversy over his military service and renunciation of nationality, his very entry into Korea was restricted, and legal disputes relating to nationality continued for a long period.
3. The Reinstatement of Nationality Procedure: Why Legal Review Is Needed
Reinstatement of nationality is not a procedure that is accomplished merely by submitting an application; it is a legal procedure in which various factors, such as the circumstances of the loss of nationality, military service issues, residence status, and whether there is a criminal record, are reviewed comprehensively.
In particular, where military service obligations or grounds for a past renunciation of nationality become an issue, whether reinstatement is permitted may differ significantly, so prior legal review is important.
Drawing on its experience in immigration and nationality matters, Daeryun Law Firm LLP provides comprehensive legal advice ranging from assessing the possibility of reinstatement of nationality to conducting the application procedure, preparing the documents to be submitted, and responding to the Ministry of Justice's review.
In addition, where there are issues connected to military service or residence status, it analyzes the relevant statutes and practical standards and proposes a strategic response suited to the client's situation.
Because matters of nationality directly affect an individual's status and rights, it is advisable to review the procedure and the issues sufficiently with the assistance of an attorney handling such matters from the stage before the application.
If you need assistance with a related matter, you are welcome to 🔗schedule a consultation with an overseas immigration attorney.
