(a) Purpose
The purpose of this section is to clarify that North Koreans are not barred from eligibility for refugee status or asylum in the United States on account of any legal right to citizenship they may enjoy under the Constitution of the Republic of Korea. It is not intended in any way to prejudice whatever rights to citizenship North Koreans may enjoy under the Constitution of the Republic of Korea, or to apply to former North Korean nationals who have availed themselves of those rights.
(b) Treatment of nationals of North Korea For purposes of eligibility for refugee status under section
1157 of title
8, or for asylum under section
1158 of title
8, a national of the Democratic Peoples Republic of Korea shall not be considered a national of the Republic of Korea.