– Response to inquiry about registering a foreign spouse for veterans’ compensation: “Foreigners cannot be registered.”

– ACRC expressed the opinion that “it is harsh to recognize only those who have Korean nationality as veterans’ compensation family members, even when substantial conditions for simplified naturalization, such as language and culture, are met.”

Anti-Corruption & Civil Rights Commission (ACRC, Chairperson Ryu Chul Whan) has determined that it is desirable to register foreign spouses who have met the residency period requirements and established a solid living foundation in Korea, including language and cultural integration, as eligible family members for veterans’ compensation.

Mr. Kim registered as a soldier wounded by disaster under the Act on Support for Persons Eligible for Veteran’s Compensation in June 2017 due to an injury sustained during his military service. In February 2023, he married Ms. A, a foreign national, who had been in a relationship with him for seven years. Ms. A obtained a marriage immigrant visa, thereby officially establishing them as an international couple.

Upon inquiring about employment support for the family members of veteran compensation recipients, Mr. Kim was informed by the Regional Office of Patriots and Veterans Affairs that foreign nationals could not be registered as family members unless they acquired Korean nationality.

*Article 6, Paragraph 2, Sub paragraph 1 of the Nationality Act stipulates that a person may be granted naturalization if he/she has maintained a residence in the Republic of Korea for at least two consecutive years while married to a Korean national.

In response, Mr. Kim filed a complaint with the ACRC, arguing that it was unreasonable for the government to deny recognition of foreign spouses as family members when providing employment support for stable economic activities of veteran compensation recipients. He emphasized the need for proactive administrative service as society increasingly supports multicultural families.

ACRC’s investigation revealed that:

1. Ms. A has been residing at the same address as Mr. Kim since 2019 and has lived in Korea for at least five years.
2. Ms. A graduated from a four-year university in Busan in February 2023.
3. Ms. A demonstrated proficiency in listening, writing, and reading Korean at a level sufficient for daily life activities by passing the Test of Proficiency in Korean (TOPIK II) in November 2022.

ACRC has received feedback from the Ministry of Justice indicating that the requirement for foreigners to reside in Korea for a certain period before obtaining Korean citizenship ensures their adaptation to the Korean community and the establishment of a stable living foundation.

ACRC expressed its opinion to the Ministry of Patriots and Veterans Affairs to reconsider Ms. A’s status as a family member eligible for veterans’ compensation. This recommendation takes into account her residence period exceeding five years, graduating from a four-year university, and her proficiency in Korean as demonstrated by the TOPIC results. These aspects indicate that she meets the conditions for simplified naturalization under the Nationality Act.

Furthermore, ACRC recommended the establishment of specific and reasonable criteria for registering family members of veteran compensation recipients. It is deemed undesirable to uniformly require foreign spouses to meet the conditions for simplified naturalization when they already fulfill the substantial requirements.

Vice Chairperson Kim Tae-Gyu of the ACRC stated, “Given the growing presence of multicultural families, it is essential to carefully examine and enhance awareness and standards for recognizing, supporting, and treating veteran families to prevent any neglect.”