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peterpan1110
Joined: 06 Apr 2011
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Posted: Tue Apr 12, 2011 11:35 am Post subject: New Rule Change for Male Gyopo Military Obligation? |
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Hello all, I am new to the forum. I am a Korean American male born in the US that is not in the Korean Family Registry. I have never set foot on Korean soil my entire life and yet I am still required to fulfill military duty simply because I was born to Korean parents... I've been trying to get visa to get a job for the past six months to no avail. I have gone to my local consulate around five times already, but they said I will be unable to work because of my military duty. One of my parent's friend works at the Korean consulate, so we got to consult with her one on one and apparently, Korea has changed their laws, so it is now impossible for me to work in Korea unless I fulfill military obligations. I believe those born after May 4, 1988 are now forced into the military regardless if they are in the Korean family registry or not. I asked if I could renounce my Korean citizenship, but apparently the Korean government are no longer accepting applications for this procedure? Anybody hear about this?
Yes, I know it is all solved if I join the military for two years. But that is absolutely not an option for me because there is no way I am risking my life for a country I have never been to. And yes, I can just go to Korea on a tourist visa, but I don't really have the money to spend 2,000 dollars on airfare only to spend a month freelancing around Seoul. I am kind of upset because I have no other options. It appears that I will never be able to visit Korea until I retire or something, which is quite depressing. I must say though male gyopos have a raw deal. I feel like I have no rights. When you think about it, we are the only human beings banned from working in Korea. And before someone says it my obligation to serve the military, I disagree because I consider myself full American, so this military nonsense makes absolutely no sense to me.
Anyways, the new law all revolves around the birth date of May of 1988. According to the new law, anyone born after this date can no longer renounce citizenship to get military exemption? Am I getting this right? Since I am not able to get military exemption, I am also ineligible to get an F4 visa. The people at the consulate were telling me about this new rule, but my Korean is poor, so I could not fully understand the rule. So if someone could enlighten me with my situation or knows of any loopholes or whatnot so I can get work in Korea, then I would appreciate it very much. Thanks. |
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CentralCali
Joined: 17 May 2007
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Posted: Tue Apr 12, 2011 12:10 pm Post subject: |
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"Just come to Korea on a tourist visa" might not be the cure-all that you seem to think it is. For one thing, working at any job on a tourist visa is not looked on favorably by the authorities here. For another, there is still the possibility (might be slight, but still not nonexistent) of being conscripted before being allowed to leave the country. The reason for this particular law regarding dropping citizenship is because of past abuse to avoid military service. IIRC, another fun fact is that you may actually be on the family register, unknown to you and your parents, as another relative (such as grandfather) may have added you.
By the way, what you consider yourself and what the laws consider you are not always the same. Korea gets to set the laws for their citizens and the US gets to set the laws for theirs. That is how the issue of dual nationality arises: two countries have a claim, based on their laws, over the same individual. Dual nationality is not always a choice.
Also, you are not banned from working in South Korea. Nor are you banned from working somewhere else. That last may be a better option for you.
All may not be lost for you, however. Here is information on military service obligation from the Republic of Korea Embassy in Washington, D.C.:
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Military Service Obligations for Those with Dual Citizenships
In principle, all Korean males between the age of 18 and 35 are subject to the Korean military duty. Males with dual citizenships who are registered in the Korean Family Registrar are required to fulfill their military obligations, unless they postpone or obtain exemption before they reach the age of 18. Koreans who acquired the US citizenship by naturalization are not considered dual citizens; they are US citizens not subject to the Korean military duty. According to the Korean Nationality Act, those who have obtained foreign citizenships by naturalization automatically lose their Korean citizenships. Only those who acquired their foreign citizenships by birth are able to have dual citizenships until the age of 22, at which time they are required to choose a nationality. In addition, all Korean males who were born in the US to Korean parents but are not registered in the Korean Family Registrar are not subject to the military duty.
For Korean males who have obtained US citizenships by birth and are registered in the Korean Family Registrar must either postpone the military duty or renounce the Korean nationality before they reach 18. In order to avoid the imposition of the military duty, all postponements should be made before January 15 of the year they turn the age of 18, whereas renouncements must be made before March 31 of the year they turn 18.
The following dual citizens are eligible to postpone the military duty until the age of 35, after which they obtain full exemption:
- Those who reside in the US with parents with US citizenships
- Those who have resided in the US with parents since the age of 17
- Those who have resided in the US for 10 consecutive years (parents should not reside in the Republic of Korea)
For the purpose of proving the intention of permanent residency, all dual citizens subject to the military duty must submit documents, such as a copy of their parents' permanent residency cards (Green cards), proof of their parents' US citizenships, or the proof of their parents' application for permanent residency or US citizenship, when they apply for the renouncement of dual citizenship.
For further information on the registration process of the loss of Korean nationality, please check the website of the Korean Consulate General in each area according by its jurisdiction.
Link : http://dynamic-korea.com/consulate_service/information2.php
Information Regarding Imposition of Military Service for Persons whose Military Service was Previously Postponed or Exempted for the Reason of Emigration
1. We hereby inform that even if a person whose military service obligation has been postponed or exempted for the reason of emigration such as overseas birth, acquisition of citizenship, etc., if the person falls under any of the following categories below, such postponement or exemption shall be cancelled and military service shall be imposed on the person along with a travel ban, and accordingly, permit for overseas travel shall be restricted in the future (See next page ☞).
A. If a report of permanent return from abroad has been filed in accordance with the provisions of the Emigration Act;
B. If a person who was born abroad, resides in the Republic of Korea upon filing his resident registration;
C. If a person stays in the Republic of Korea for a total of six (6) months or more within a period of one (1) year; (Period of stay in the Republic of Korea shall be calculated by counting the days backwards from the date of calculation) ☞ See next page
D. If a person who studies at a domestic academic institute, stays in the Republic of Korea for a total of six (6) months or more within a period of one (1) year after graduating from the respective school (including completion, temporary absence from school, withdrawal, expulsion, etc.), or his father, mother, or spouse stays in the Republic of Korea for a total of six (6) months or more within a period of one (1) year; (☞ Calculation of the period of stay is the same as that set forth in Provision C above).
E. If a person engages in moneymaking activities that fall under any of the following, such as employment in the Republic of Korea, etc.:
1) A person who receives wages, such as salary, compensation, remuneration, annual allowance, and other payments pursuant to a continuous employment relationship;
2) A person who operates certain businesses such as farming, industry, trade, fishery, etc.;
3) Entertainer, artist, athlete, etc. who earns income through activities such as performance, broadcasting, films, CFs, etc., and stays in the Republic of Korea for a total of sixty (60) days or more in a year; or
4) A person who has a yearly income of KRW 10 million or more in return for provision of other personnel service and stays in the Republic of Korea for a total of sixty (60) days or more in a year.
2. In the case of staying in the Republic of Korea within a period of sixty (60) days for the following grounds, such period shall not be added up in calculating the period of total stay in the Republic of Korea. Therefore, please submit the following documents of evidence to the applicable regional military manpower office or airport military administration office.
A. Marriage of the person himself, delivery of spouse, attending a funeral, or 60th birthday banquet or marriage of brothers or sisters, lineal ascendants, linear descendants: Document that can prove such fact (e.g., copy of census register or certified copy of resident registration).
B. Attending as an athlete or office of an athletic sports competition supervised by a sports organization under the Republic of Korea Sports Council: Confirmation by the chief of the sports organization under the Republic of Korea Sports Council.
3. For any further inquiries, please contact Military Manpower Administration Call-Center in the Republic of Korea
(☎ 1588-9090).
Information Regarding Restrictions of Permit for Overseas Travel for Persons Under Obligation to Serve in the Military
We hereby inform that any person with an obligation to serve in the military, who has not completed military service, or is not exempted from military service, and falls under any of the following categories, shall not be granted a permit for overseas travel according to Article 70, Paragraph (2) of the Military Service Act and Article 145, Paragraph (6) of the Enforcement Decree of the same Act (☞ Cannot depart from the Republic of Korea).
1. Person who evaded military service or had escaped from service;
2. Person who departed from the Republic of Korea without obtaining a permit for overseas travel, or failed to return to the Republic of Korea within the permitted period;
3. Person who failed to obtain a permit while staying abroad until the year during which the person turned eighteen (18) years old, upon departing from the Republic of Korea before he was seventeen (17) years old; or
4. Person whose obligation of military service has been postponed or exempted for the reason or emigration such as overseas birth, acquisition of denizenship, etc., and a disposition of permit for overseas travel or postponement of military service (exemption) has been cancelled because the respective person has stayed in the Republic of Korea for a total of six (6) months or more within a period of one (1) year, or engaged in moneymaking activities, such as employment in the Republic of Korea, etc. (In such case, if a report of permanent return from abroad has been filed in accordance with the provisions of the Emigration Act, the permit shall not be restricted.)
Information on Method of Calculating Period of Stay in the Republic of Korea
1. "Period of one (1) year" means a period until the date when the period becomes one (1) year by calculating the days backwards from the date of calculation.
e.g.) June 30, 2006 (date of calculation) → July 1, 2005 (date when the period becomes one year)
2. "Six (6) months or more in total" means when the period of time the person has stayed in the Republic of Korea is 183 days or more, regardless of the number of times the person entered the Republic of Korea within the "period of one (1) year."
e.g.) 1) If a person enters the Republic of Korea on July 1, 2005, and stays in the Republic of Korea continuously until the day when the period becomes 183 days.
e.g.) 2) If the period becomes 183 days upon adding up the period of stay in the Republic of Korea during the period from July 1, 2005 to June 30, 2006
3. The standards for calculating the period of stay in the Republic of Korea above shall apply to those who entered the Republic of Korea after July 1, 2005.
※ For any further inquiries, please contact Military Manpower Administration Call-Center (☎ 1588 - 9090). |
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peterpan1110
Joined: 06 Apr 2011
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Posted: Tue Apr 12, 2011 12:37 pm Post subject: |
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I appreciate the advice. I have no intentions of working on a tourist visa, so i have not even considered that. Also, the Korean Consulate lady told basically told me that I am unable from receiving a working visa of any sort. So, technically I am banned from working more or less. Ban may be a harsher word "unable", but that is just my expression of words because there is no hope for me at the moment.
90% of me has already given up on Korea, but I just wanted to see if anyone had any other suggestions. With you suggesting that I should try another country, I think it is time for me to just give up completely. So I guess I will just visit Korea for the first time when I am 75 and on a wheel chair oh well... |
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CentralCali
Joined: 17 May 2007
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Posted: Tue Apr 12, 2011 12:39 pm Post subject: |
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| I'm fairly certain the lass meant that you can work after you perform the military service. |
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peterpan1110
Joined: 06 Apr 2011
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Posted: Tue Apr 12, 2011 12:40 pm Post subject: |
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| I've read all of that. According to those rules, I am exempt from military obligations because I am not in the Korean Family Registry. I emailed the consulate about those rules but they said they were "outdated". Under new rules, I am not eligible for a visa. Thanks for the info though. |
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peterpan1110
Joined: 06 Apr 2011
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Posted: Tue Apr 12, 2011 12:44 pm Post subject: |
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| CentralCali wrote: |
| I'm fairly certain the lass meant that you can work after you perform the military service. |
Yup, I understand that. I will never fight for a country I have never lived in. Just the thought of doing so is ridiculous to me, so I guess I will just have to give up.  |
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Chris.Quigley
Joined: 20 Apr 2009 Location: Belfast. N Ireland
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Posted: Tue Apr 12, 2011 2:02 pm Post subject: |
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| So anyone with Korean blood in them has to serve in the Korean military? Even if they are not Korean citizens? That seems bizarre. |
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peterpan1110
Joined: 06 Apr 2011
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Posted: Tue Apr 12, 2011 2:20 pm Post subject: |
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| Chris.Quigley wrote: |
| So anyone with Korean blood in them has to serve in the Korean military? Even if they are not Korean citizens? That seems bizarre. |
Nah, korea has some bizarre rule where if your parents were Korean citizens at the time of your birth, you are automatically eligible to be drafted even if you are an full American citizen. I can't even register for a username on a Korean website because I don't have a registration number and yet I can get drafted... its ridiculous  |
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Sticks
Joined: 13 Mar 2011 Location: Seoul, Korea
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Posted: Tue Apr 12, 2011 4:38 pm Post subject: |
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That's odd.
I was born on 5 Aug 1988, apparently the military draft dodging law? is from 1989, or that's what I heard from the consulate people. My name isn't in the korean family registry. I've gotten my F4, landed in korea, no problems with immigration. waited a month or so because of difficulty seeing my Father's renouncement of citizenship on their system. After that I applied for my Registration of Overseas Korean residence card (ARC pretty much, looks a bit different), got it im the mail a few weeks ago. I'm working full time and studying part time perfectly fine.
Laws change around so much nobody has a clue anymore.  |
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wishfullthinkng
Joined: 05 Mar 2010
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Posted: Tue Apr 12, 2011 5:28 pm Post subject: |
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| Chris.Quigley wrote: |
| So anyone with Korean blood in them has to serve in the Korean military? Even if they are not Korean citizens? That seems bizarre. |
that's not entirely true. both my parents are 100% korean and i was born in korea but i hold a US passport and do not have to serve in the military here. i plan to obtain my korean passport with the new rules they implemented last year about dual citizenship, but only after the age range where you do not have to serve. (33-35 i believe but I haven't looked up the particulars) |
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winterfall
Joined: 21 May 2009
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Posted: Tue Apr 12, 2011 8:04 pm Post subject: |
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1. Are you sure your name's not on the hojuk? There's no reason for you to owe service unless your name is on it. Yes it is possible to get citizenship from your parents if they didn't give up Korean citizenship by the time you were born. In that case, the citizenship passed by blood. The same would happen if you had a kid with a Korean girl, the kid would have American citizenship.
2. There's a specific law that says that if you do in fact have dual citizenship. You have to choose one and renounce the other by the time you become a legal adult.
3. This is not new. If you owe service you can't get a job unless you show discharge papers.
4. Military obligation has a cut off age. I think over 30 you can't be drafted. And then you can apply for dual citizenship. If you decide to take the back door, completely your choice. Know that you WILL BE ostracized by society. Any exemption in military service is listed in your discharge papers. It also gives a reason if you did alternative service instead (Like a prison or subway guard)
Every korean employer is required by law to check if men did their service.
5. Do not listen to other posters who say come in on a different visa. Draft dodging is a very, very serious crime. They don't play around here. They WILL SEND YOU TO PRISON. After prison then you'll do service.
Here's a case that's happening now with a singer that ripped out 4 of his teeth so he could get a medical waiver to avoid the draft. He got off fairly light. Safe to say his career is over.
http://www.allkpop.com/2011/04/mc-mongs-draft-dodging-case-finally-comes-to-a-close
Last edited by winterfall on Tue Apr 12, 2011 8:26 pm; edited 1 time in total |
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pkang0202

Joined: 09 Mar 2007
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Posted: Tue Apr 12, 2011 8:25 pm Post subject: |
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| If you have a US green card, I believe you can get a waiver. Back when I had a Korean Passport, I got a waiver from the Korean embassy. They put a big stamp in your passport saying you are exempt from the military. |
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peterpan1110
Joined: 06 Apr 2011
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Posted: Wed Apr 13, 2011 10:31 am Post subject: |
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| winterfall wrote: |
1. Are you sure your name's not on the hojuk? There's no reason for you to owe service unless your name is on it. Yes it is possible to get citizenship from your parents if they didn't give up Korean citizenship by the time you were born. In that case, the citizenship passed by blood. The same would happen if you had a kid with a Korean girl, the kid would have American citizenship.
2. There's a specific law that says that if you do in fact have dual citizenship. You have to choose one and renounce the other by the time you become a legal adult.
3. This is not new. If you owe service you can't get a job unless you show discharge papers.
4. Military obligation has a cut off age. I think over 30 you can't be drafted. And then you can apply for dual citizenship. If you decide to take the back door, completely your choice. Know that you WILL BE ostracized by society. Any exemption in military service is listed in your discharge papers. It also gives a reason if you did alternative service instead (Like a prison or subway guard)
Every korean employer is required by law to check if men did their service.
5. Do not listen to other posters who say come in on a different visa. Draft dodging is a very, very serious crime. They don't play around here. They WILL SEND YOU TO PRISON. After prison then you'll do service.
Here's a case that's happening now with a singer that ripped out 4 of his teeth so he could get a medical waiver to avoid the draft. He got off fairly light. Safe to say his career is over.
http://www.allkpop.com/2011/04/mc-mongs-draft-dodging-case-finally-comes-to-a-close |
Yeah, I am not in the hojok for sure. Apparently, it doesnt even matter anymore because they changed the law just recently? In the past, if you weren't in the hojok, you were not required to serve in the military. According to the new ruling, men of certain age are required to serve in the army regardless of if they are in the hojok or not. I find this quite strange because the Korean Gov. has no record of me and I only have an American name. I'm not going to risk it, but I must say the rules are becoming more and more ridiculous especially for those who have never even set foot in the country. |
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ssuprnova
Joined: 17 Dec 2010 Location: Saigon
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Posted: Wed Apr 13, 2011 11:37 am Post subject: |
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할 수없죠... 한국에서 일 하고싶으려면 군역 해야 해요
At the same time, the gyopo NETs I know here are treated rather poorly here (compared to Caucasian NETs). |
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dmah1988
Joined: 13 Apr 2011
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Posted: Tue Apr 19, 2011 12:17 pm Post subject: |
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| peterpan1110 wrote: |
| I believe those born after May 4, 1988 are now forced into the military regardless if they are in the Korean family registry or not. I asked if I could renounce my Korean citizenship, but apparently the Korean government are no longer accepting applications for this procedure? Anybody hear about this? |
Were your parents US citizens or permanent residents when you were born? I think that is what makes the difference for the point you made.
Also, what area of the United States are you from? It seems some Korean Consulates have different information, but perhaps the ones we are talking to have more updated information. |
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