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ENFORCEMENT DECREE OF THE IMMIGRATION ACT

Wholly Amended by Presidential Decree No. 13872, Mar. 30, 1993

Amended by Presidential Decree No. 14301, jun. 30, 1994

Presidential Decree No. 14447, Dec. 23, 1994

Presidential Decree No. 14486, Dec. 31, 1994

Presidential Decree No. 14817, Dec. 1, 1995

Presidential Decree No. 15417, jun. 28, 1997

Presidential Decree No. 15764, Apr. 1, 1998

Presidential Decree No. 16120, Feb. 26, 1999

Presidential Decree No. 16211, Mar. 31, 1999

Presidential Decree No. 16603, Nov. 27, 1999

Presidential Decree No. 17305, Jul. 16, 2001

Presidential Decree No. 17579, Apr. 18, 2002

Presidential Decree No. 17769, Nov. 6, 2002

Presidential Decree No. 18097, Sep. 1, 2003

Presidential Decree No. 18130, Nov. 20, 2003

Presidential Decree No. 18312, Mar. 17, 2004

Presidential Decree No. 18520, Aug. 17, 2004

Presidential Decree No. 18934, Jul. 5, 2005

Presidential Decree No. 19657, Aug. 24, 2006

Presidential Decree No. 19904, Feb. 28, 2007

Presidential Decree No. 20076, jun. 1, 2007

Presidential Decree No. 20257, Sep. 10, 2007

Presidential Decree No. 20456, Dec. 20, 2007

Presidential Decree No. 20674, Feb. 29, 2008

Presidential Decree No. 20749, Mar. 21, 2008

Presidential Decree No. 20892, Jul. 3, 2008

Presidential Decree No. 21087, Oct. 20, 2008

Presidential Decree No. 21377, Mar. 31, 2009

Presidential Decree No. 21534, jun. 16, 2009

Presidential Decree No. 21917, Sep. 9, 2009

Presidential Decree No. 21942, Dec. 31, 2009

Presidential Decree No. 22127, Apr. 20, 2010

Presidential Decree No. 22151, May 4, 2010

Presidential Decree No. 22269, Jul. 12, 2010

Presidential Decree No. 22338, Aug. 13, 2010

Presidential Decree No. 22483, Nov. 15, 2010

Presidential Decree No. 23274, Nov. 1, 2011

Presidential Decree No. 23488, Jan. 6, 2012

Presidential Decree No. 23506, Jan. 13, 2012

Presidential Decree No. 23620, Feb. 3, 2012

Presidential Decree No. 23631, Feb. 28, 2012

Presidential Decree No. 23818, May 25, 2012

Presidential Decree No. 24139, Oct. 15, 2012

Presidential Decree No. 24213, Nov. 30, 2012

Presidential Decree No. 24340, Jan. 28, 2013

Presidential Decree No. 24628, jun. 21, 2013

Presidential Decree No. 24788, Oct. 10, 2013

Presidential Decree No. 25669, Oct. 28, 2014

Presidential Decree No. 26311, jun. 15, 2015

Presidential Decree No. 26473, Aug. 3, 2015

Presidential Decree No. 26922, Jan. 22, 2016

Presidential Decree No. 27303, Jul. 5, 2016

Presidential Decree No. 27520, Sep. 29, 2016

Presidential Decree No. 27751, Dec. 30, 2016

Presidential Decree No. 27972, Mar. 29, 2017

Presidential Decree No. 28211, Jul. 26, 2017

Presidential Decree No. 28244, Aug. 16, 2017

CHAPTER I DEPARTURE AND ENTRY OF NATIONALS
 Article 1 (Departure and Entry Inspections)
(1) When a national of the Republic of Korea undergoes a departure inspection under Article 3 of the Immigration Act (hereinafter referred to as the "Act") or entry inspection under Article 6 of the Act, he/she shall present his/her passport to an immigration control official and answer questions: Provided, That an immigration control official may require a national to present a departure/arrival card, along with his/her passport, in any of the following cases: <Amended by Presidential Decree No. 23274, Nov. 1, 2011; Presidential Decree No. 27520, Sep. 29, 2016>
1. Where the immigration control official is unable to obtain departure/entry records of individuals by using informatization devices, such as automatic passport readers, in conducting a departure or entry inspection;
2. Where the immigration control official conducts a departure or entry inspection at any place other than a port of entry and departure;
3. Other cases specified by Ordinance of the Ministry of Justice.
(2) When an immigration control official conducts a departure inspection or entry inspection under paragraph (1), he/she shall check a national's eligibility for departure from or entry into the Republic of Korea, and other necessary matters. <Amended by Presidential Decree No. 23274, Nov. 1, 2011>
(3) When an immigration control official completes a departure or entry inspection under paragraph (1) or (2), he/she shall place an entry or exit stamp on the passport: Provided, That the immigration control official may omit the entry or exit stamp in any of the cases determined by the Minister of Justice, such as cases where the Minister of Justice holds that the omission of such stamp will not cause any trouble to the departure or entry of nationals. <Amended by Presidential Decree No. 23274, Nov. 1, 2011; Presidential Decree No. 27520, Sep. 29, 2016>
(4) Where a national who is a crew member of a ship or such departs from or enters the Republic of Korea, an immigration control official may verify a crew member registration card or a seafarer's identity document in lieu of a departure/arrival card and the entry or exit stamp, notwithstanding the proviso to paragraph (1) and the main sentence of paragraph (3): Provided, That this shall not apply where a crew member of a ship, etc. departs from the Republic of Korea for the first time or enters the Republic of Korea for the last time. <Amended by Presidential Decree No. 23274, Nov. 1, 2011; Presidential Decree No. 27520, Sep. 29, 2016>
(5) Where a national who is a crew member of a ship, etc. departs from the Republic of Korea for the first time, he/she shall register himself/herself with the immigration authorities as a crew member: Provided, That this shall not apply where the national is a crew member of a ship, etc. operating irregularly. <Amended by Presidential Decree No. 23274, Nov. 1, 2011>
(6) Where a national liable for military service undergoes a departure inspection, the national shall submit a written confirmation attesting that he has obtained permission for overseas travel (including permission for an extension of the period) under Article 70 of the Military Service Act: Provided, That an immigration control official may allow a national liable for military service to omit the submission of a written confirmation if he/she is notified from the Commissioner of the Military Manpower Administration via an information and communications network, etc. that such national has obtained permission for overseas travel. <Amended by Presidential Decree No. 23274, Nov. 1, 2011>
(7) Deleted. <by Presidential Decree No. 18934, Jul. 5, 2005>
(8) An immigration control official shall require a national who intends to enter the Republic of Korea without a valid passport pursuant to Article 6 (2) of the Act to submit a document attesting that he/she is a national of the Republic of Korea for the entry inspection, and verify whether he/she has ever left the Republic of Korea. <Amended by Presidential Decree No. 23274, Nov. 1, 2011>
(9) When a person is identified as a national of the Republic of Korea as a result of the inspection under paragraph (8), the immigration control official shall require the person to submit a departure/arrival card. <Amended by Presidential Decree No. 23274, Nov. 1, 2011; Presidential Decree No. 27520, Sep. 29, 2016>
(10) Deleted. <by Presidential Decree No. 27520, Sep. 29, 2016>
 Article 1-2 (Departure or Entry Inspections Using Informatization Devices)
(1) A national meeting all of the following requirements may undergo a departure inspection or entry inspection using an informatization device pursuant to Articles 3 (2) and 6 (3) of the Act. If a person holding a resident registration certificate has no problem in a departure or entry inspection using an informatization device in such cases, the person shall be deemed to meet the requirement referred to in subparagraph 2: <Amended by Presidential Decree No. 23274, Nov. 1, 2011; Presidential Decree No. 23506, Jan. 13, 2012; Presidential Decree No. 23631, Feb. 28, 2012; Presidential Decree No. 24551, May 31, 2013; Presidential Decree No. 25669, Oct. 28, 2014; Presidential Decree No. 27303, Jul. 5, 2016>
1. He/she shall have a valid multiple-use passport;
2. He/she shall have registered information about his/her fingerprints and a photograph of his/her face, as prescribed by Ordinance of the Ministry of Justice;
3. He/she shall not be subject to the prohibition of departure from the Republic of Korea under Article 4 (1) and (2) of the Act or the emergency prohibition of departure from the Republic of Korea under Article 4-6 (1) of the Act and shall fall under any of the following items:
(a) He/she shall be at least 14 years of age and have been registered as a resident;
(b) He/she shall be at least 7 but less than 14 years of age, have been registered as a resident, and have registered information on his/her fingerprints and a photograph of his/her face under subparagraph 2 with consent of his/her legal representative;
4. He/she shall not otherwise be subject to inspections by an immigration control official, such as cases where he/she has a passport the use of which is restricted or the surrender of which is ordered pursuant to the Passport Act.
(2) The placement of the exit and entry stamp under the main sentence of Article 1 (3) shall be omitted for a person who has undergone a departure or entry inspection pursuant to paragraph (1). <Amended by Presidential Decree No. 27520, Sep. 29, 2016>
(3) Procedures and methods for registration under paragraph (1) 2 and other relevant matters shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 1-3 (Criteria for Prohibition of Departure due to Nonpayment of Fines, etc.)
(1) "Amount prescribed by Presidential Decree" in Article 4 (1) 3 of the Act means any of the following amounts: <Amended by Presidential Decree No. 23506, Jan. 13, 2012>
1. Fines: 10 million won;
2. Punitive collection charges: 20 million won.
(2) "Amount prescribed by Presidential Decree" in Article 4 (1) 4 of the Act means 50 million won. <Amended by Presidential Decree No. 23506, Jan. 13, 2012>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 1-4 (Period for Prohibition of Departure)
In computing a period for prohibition of departure from the Republic of Korea under Article 4 (1) or (2) of the Act, if the period is calculated by day, the first day shall be calculated as one day with no regard to hours, and if the period is calculated by month, it shall be calculated in accordance with the calendar. In such cases, even if the last day of such period falls on a holiday or Saturday, it shall be counted in the period.
[This Article Wholly Amended by Presidential Decree No. 23506, Jan. 13, 2012]
 Article 2 (Procedures for Prohibition of Departure)
(1) Where the Minister of Justice intends to prohibit a national from departing from the Republic of Korea pursuant to Article 4 (1) or (2) of the Act, he/she shall seek opinions of, or request related data from, the heads of relevant agencies. <Amended by Presidential Decree No. 23506, Jan. 13, 2012>
(2) Where the head of a central administrative agency or the head of a relevant agency prescribed by the Minister of Justice makes a request prohibiting a national’s departure from the Republic of Korea pursuant to Article 4 (3) of the Act, to the Minister of Justice, he/she shall submit a written request prohibiting the national’s departure from the Republic of Korea that contains the grounds therefor and the period during which the national’ departure from the Republic of Korea shall be prohibited, and shall be accompanied by documents prescribed by Ordinance of the Ministry of Justice, to the Minister of Justice: Provided, That a request prohibiting a national’ departure from the Republic of Korea in connection with the affairs under the jurisdiction of the head of a Si/Gun/Gu (including the head of an administrative Si established under Article 11 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City, and the head of a Gu includes the head of an autonomous Gu; hereinafter the same shall apply) shall be made by the Special Metropolitan City Mayor, the Metropolitan City Mayors or the Do Governors (including the Special Self-Governing Province Governor; hereinafter the same shall apply). <Amended by Presidential Decree No. 23506, Jan. 13, 2012; Presidential Decree No. 26922, Jan. 22, 2016>
(3) No period during which a national’s departure from the Republic of Korea shall be prohibited under the main sentence of paragraph (2) shall exceed the period prescribed under Article 4 (1) or (2) of the Act. <Amended by Presidential Decree No. 23506, Jan. 13, 2012>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 2-2 (Procedures for Extending Period for Prohibition of Departure)
(1) Where the Minister of Justice intends to extend the period for prohibition of departure from the Republic of Korea pursuant to Article 4-2 (1) of the Act, he/she shall extend such period upon setting a period within the periods provided for in Article 4 (1) or (2) of the Act. In such cases, the Minister of Justice may seek the opinions of, or request related data from, the heads of relevant agencies. <Amended by Presidential Decree No. 23506, Jan. 13, 2012>
(2) Where the head of a central administrative agency or the head of a relevant agency prescribed by the Minister of Justice that has made a request prohibiting a national’s departure from the Republic of Korea (hereinafter referred to as "head of an agency that has requested the prohibition of departure") pursuant to Article 2 (2) requests an extension of the period for prohibition of departure from the Republic of Korea pursuant to Article 4-2 (2) of the Act, he/she shall submit a written request for an extension of the period for prohibition of departure from the Republic of Korea that shall contain the grounds therefor, and the intended period of extension and be accompanied by documents prescribed by Ordinance of the Ministry of Justice, to the Minister of Justice. <Amended by Presidential Decree No. 23506, Jan. 13, 2012>
(3) No period for which the prohibition of departure can be extended under paragraph (2) shall exceed the period for prohibition of departure provided for in Article 4 (1) or (2) of the Act. <Amended by Presidential Decree No. 23506, Jan. 13, 2012>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 2-3 (Examinations of, and Decisions on, Requests for Prohibition of Departure, etc.)
(1) Upon receipt of a written request prohibiting a national’s departure from the Republic of Korea submitted under Article 2 (2), the Minister of Justice shall examine and decide whether to prohibit the national’s departure from the Republic of Korea and the period for prohibition of departure within the following periods from the date of receipt of the written request:
1. Where an emergency measure is required: Within one day;
2. Where consultations with the head of a central administrative agency and the head of a relevant agency prescribed by the Minister of Justice are deemed necessary: Within ten days;
3. Other cases: Within three days.
(2) Upon receipt of a written request for an extension of the period for prohibition of departure from the Republic of Korea submitted under Article 2-2 (2), the Minister of Justice shall examine and decide whether to grant an extension within three days from the date of receipt of the written request.
(3) Where deemed necessary to examine a request prohibiting a national’s departure from the Republic of Korea or a request for an extension of the period for prohibition of departure, the Minister of Justice may request the head of the agency that has requested the prohibition of departure to submit related data.
(4) Where the Minister of Justice decides to reject a request prohibiting a national’s departure from the Republic of Korea or a request for an extension of the period for prohibition of departure as a result of the examination under paragraphs (1) and (2), he/she shall notify the head of an agency that has requested the prohibition of departure of such decision, specifying the explicit grounds therefor.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 3 (Procedures for Revoking Prohibition of Departure)
(1) Where the Minister of Justice intends to revoke prohibition of departure pursuant to Article 4-3 (1) of the Act, he/she may seek opinions of or request related data from the head of the relevant agency or the head of the agency that has requested the prohibition of departure, in order to determine whether the grounds for such prohibition of departure have ceased to existor prohibition of departure is necessary: Provided, That the Minister of Justice shall immediately revoke the prohibition of departure where it is evident that the grounds for such prohibition of departure have ceased to exist or prohibition of departure is unnecessary.
(2) Upon revoking the prohibition of departure pursuant to paragraph (1), the Minister of Justice shall without delay notify the head of the agency that has requested the prohibition of departure of such revocation, specifying the explicit grounds therefor: Provided, That the Minister of Justice need not notify the head of the said agency of such revocation where it is confirmed that the passport of a person prohibited from departing from the Republic of Korea has been surrendered or seized.
(3) Where the head of an agency that has requested the prohibition of departure intends to request revocation of the prohibition of departure pursuant to Article 4-3 (2) of the Act, he/she shall prepare a written request for revocation of the prohibition of departure and submit it to the Minister of Justice.
(4) Upon receipt of a written request for revocation of the prohibition of departure submitted under paragraph (3), the Minister of Justice shall without delay examine and decide whether to revoke such prohibition.
(5) Where the Minister of Justice decides not to revoke the prohibition of departure as a result of the examination under paragraph (4), he/she shall without delay notify the head of the agency that has requested the prohibition of departure of such decision, specifying the explicit grounds therefor.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 3-2 (Preparation and Management of Book of Requests for Prohibition of Departure)
The head of every agency that has requested prohibition of departure shall keep a book of requests for prohibition of departure that contains requests for prohibition of departure and changes related thereto, including requests for extensions of the period for prohibition of departure, requests for revocation of such prohibition, and the revocation thereof.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 3-3 (Exclusion from Written Notice of Decisions, etc. on Prohibition of Departure)
(1) Where the head of an agency that has requested the prohibition of departure from the Republic of Korea requests the prohibition of departure from the Republic of Korea pursuant to Article 4 (3) of the Act or an extension of the period for prohibition of departure from the Republic of Korea pursuant to Article 4-2 (2) of the Act, he/she shall request the Minister of Justice not to give written notice under Article 4-4 (1) of the Act if he/she deems the relevant person falls under any subparagraph of Article 4-4 (3) of the Act. <Amended by Presidential Decree No. 23506, Jan. 13, 2012>
(2) Where the Minister of Justice examines and decides on a request for prohibition of departure or request for an extension of the period for prohibition of departure, he/she shall also examine and decide on a request for exclusion of written notice under paragraph (1).
(3) Except as otherwise provided for in paragraphs (1) and (2), detailed matters necessary for methods and procedures for exclusion of written notice of decisions, etc. on prohibition of departure shall be prescribed by Ordinance of the Ministry of Justice. <Newly Inserted by Presidential Decree No. 23506, Jan. 13, 2012>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 3-4 (Examinations of and Decisions on Objections)
(1) Where the Minister of Justice deems it necessary for examining and deciding on an objection filed under Article 4-5 (2) of the Act, he/she may request a person who has filed the objection or the head of an agency that has requested the prohibition of departure to submit necessary documents or state his/her opinion.
(2) Where the Minister of Justice examines and decides on an objection pursuant to Article 4-5 (2) of the Act, he/she shall notify a person who has filed the objection or the head of an agency that has requested the prohibition of departure of the decision.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 4 Deleted. <by Presidential Decree No. 21087, Oct. 20, 2008>
 Article 5 (Management of Data on Persons Prohibited from Departing from the Republic of Korea)
Pursuant to the procedures for information-processing work, the Minister of Justice shall without delay manage data on persons whom he/she has decided to prohibit from leaving the Republic of Korea pursuant to Article 4 of the Act and persons on whom he/she has placed the emergency prohibition of departure from the Republic of Korea or he/she has granted approval for the emergency prohibition of departure from the Republic of Korea pursuant to Article 4-6 of the Act. The same shall also apply where the Minister of Justice revokes the prohibition of departure or the emergency prohibition of departure. <Amended by Presidential Decree No. 23506, Jan. 13, 2012>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 5-2 (Procedures for Emergency Prohibition of Departure)
(1) The head of an investigative agency who intends to request prohibition of departure (hereinafter referred to as "emergency prohibition of departure”) under Article 4-6 (1) of the Act shall submit, to an immigration control official, a written request for emergency prohibition of departure that shall contain the grounds therefor and the intended period for prohibition of departure and be accompanied by documents prescribed by Ordinance of the Ministry of Justice.
(2) If necessary to conduct affairs related to emergency prohibition of departure, an immigration control official may seek the opinion of or request related data from the head of an investigative agency that has requested the emergency prohibition of departure.
(3) The Minister of Justice may designate public officials exclusively in charge of affairs related to emergency prohibition of departure from among immigration control officials.
[This Article Newly Inserted by Presidential Decree No. 23506, Jan. 13, 2012]
 Article 5-3 (Procedures for Approval for Emergency Prohibition of Departure)
(1) When the head of an investigative agency that has requested emergency prohibition of departure requests approval for such emergency prohibition of departure pursuant to Article 4-6 (3) of the Act, he/she shall submit, to the Minister of Justice, a written request for approval for the emergency prohibition of departure that shall be accompanied by documents prescribed by Ordinance of the Ministry of Justice, such as a written direction of investigation and a report on the emergency prohibition of departure.
(2) Upon receipt of a request for approval for emergency prohibition of departure pursuant to paragraph (1), the Minister of Justice shall examine and decide whether to approve such emergency prohibition of departure and a period for the prohibition of departure from the Republic of Korea.
(3) If necessary for examining and deciding on a request under paragraph (2), the Minister of Justice may seek the opinion of or request related data from the head of the investigative agency that has requested approval.
(4) When the Minister of Justice decides not to approve the emergency prohibition of departure, he/she shall notify the head of the investigative agency that has requested approval for the emergency prohibition of departure of such decision, specifying the explicit grounds therefor.
(5) Where the Minister of Justice approves the emergency prohibition of departure, Articles 2-2, 2-3 (2) through (4), 3, 3-3 and 3-4 shall apply mutatis mutandis to requests for, examinations of, and decisions on extensions of the period for prohibition of departure, procedures for revoking the prohibition of departure, exclusion of written notice of decisions, etc. on the prohibition of departure, examinations of or decisions on objections. In such cases, the period for prohibition of departure shall be calculated from the time the emergency prohibition of departure is placed.
[This Article Newly Inserted by Presidential Decree No. 23506, Jan. 13, 2012]
 Article 5-4 (Preparation and Management of Book of Requests for Emergency Prohibition of Departure)
The head of every investigative agency that has requested the emergency prohibition of departure shall keep a book of requests for the emergency prohibition of departure that shall contain requests for the emergency prohibition of departure, approval therefor or changes, such as requests for the revocation thereof, extensions of the period or the revocation of such extensions.
[This Article Newly Inserted by Presidential Decree No. 23506, Jan. 13, 2012]
 Article 6 (Custody and Notification of Passports, etc.)
(1) When an immigration control official takes custody of a passport or a seafarer's identity document under Article 5 of the Act, he/she shall notify the holder of the passport or seafarer's identity document of the ground therefor and may notify the head of an issuing agency of such fact. <Amended by Presidential Decree No. 26311, Jun. 15, 2015; Presidential Decree No. 27520, Sep. 29, 2016>
(2) In either of the following cases, the head of an immigration office (hereinafter referred to as "head of an office") or the head of an immigration branch office (hereinafter referred to as "head of a branch office") may send a passport or a seafarer's identity document in his/her custody under Article 5 of the Act to the head of a requesting agency or issuing agency: <Amended by Presidential Decree No. 26311, Jun. 15, 2015; Presidential Decree No. 27520, Sep. 29, 2016>
1. Where requested to submit by the head of an investigative agency for investigations;
2. Where requested by the head of the issuing agency.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
CHAPTER II ENTRY AND LANDING OF ALIENS
SECTION 1 Entry of Aliens
 Article 7 (Issuance of Visas)
(1) An alien who intends to obtain a visa pursuant to Article 7 (1) of the Act shall submit a visa application accompanied by documents prescribed by Ordinance of the Ministry of Justice, to the head of an overseas diplomatic mission.
(2) If an alien submits a visa application pursuant to paragraph (1), the head of an overseas diplomatic mission shall issue a visa to the alien, as prescribed by Ordinance of the Ministry of Justice. In such cases, the visa shall contain necessary matters, such as the status and period of stay under Article 12.
(3) When the Minister of Justice deems it necessary for issuing a visa, he/she may require an alien who has applied for a visa to submit a letter of recommendation issued by the head of the related central administrative agency, or seek the opinion of the head of the related central administrative agency.
(4) Criteria for the issuance of letters of recommendation under paragraph (3) shall be separately prescribed by the head of the related central administrative agency in consultation with the Minister of Justice.
(5) Where the Minister of Justice issues a visa allowing its holder to engage in job-seeking activities, he/she shall consider the domestic employment situation.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 7-2 (Online Applications, etc. for Issuance of Visas)
(1) The Minister of Justice may establish and operate an information and communications network for online applications for visas under Article 7 (1) of the Act or visa issuance certificates under Article 9 (1) of the Act (hereinafter referred to as "visa, etc.").
(2) A person who intends to apply for a visa, etc. via the information and communications network established under paragraph (1) may submit an application and documents prescribed by Ordinance of the Ministry of Justice via online service.
(3) A person who intends to apply for a visa, etc. via the information and communications network pursuant to paragraph (2) shall first complete user registration.
(4) Where an alien prescribed by Ordinance of the Ministry of Justice submits a visa application under Article 7 (1) of the Act via online service pursuant to paragraph (2), the Minister of Justice may issue a visa to the alien via online service. <Newly Inserted by Presidential Decree No. 24139, Oct. 15, 2012>
(5) A person who intends to invite an alien may apply for a visa issued via online service (hereinafter referred to as "electronic visa") pursuant to paragraph (4) and pay a fee for the issuance thereof on behalf of the alien. <Newly Inserted by Presidential Decree No. 24139, Oct. 15, 2012>
(6) Detailed matters necessary for the establishment and operation of the information and communications network referred to in paragraph (1), application forms for the issuance of visas, etc. via online service under paragraph (2) and the issuance, etc. of electronic visas under paragraph (4) shall be prescribed by the Minister of Justice. <Amended by Presidential Decree No. 24139, Oct. 15, 2012>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 8 (Entry Permission for International Friendship, etc.)
(1) An alien who may enter the Republic of Korea without a visa pursuant to Article 7 (2) 3 of the Act shall be as follows:
1. A person who intends to enter the Republic of Korea without a visa due to inevitable circumstances, to conduct the affairs of a foreign government or international organization;
2. A person who intends to enter the Republic of Korea for tourism or transit purpose within the period prescribed by Ordinance of the Ministry of Justice;
3. Other persons whose entry into the Republic of Korea is deemed necessary by the Minister of Justice for the national interest, etc.
(2) Procedures for granting entry permission to aliens who may enter the Republic of Korea without a visa pursuant to Article 7 (2) 3 of the Act shall be prescribed by Ordinance of the Ministry of Justice.
(3) The specific scope of aliens who may enter the Republic of Korea without a visa pursuant to Article 7 (2) 3 of the Act shall be separately prescribed by the Minister of Justice in consideration of national and social security or orderly stay of aliens.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 9 (Temporary Suspension of Application of Visa Exemption Agreements)
(1) The Minister of Justice shall consult with the Minister of Foreign Affairs before temporarily suspending the application of the Visa Exemption Agreement pursuant to Article 7 (3) of the Act. <Amended by Presidential Decree No. 24415, Mar. 23, 2013>
(2) Where the Minister of Justice decides to temporarily suspend the application of the Visa Exemption Agreement pursuant to paragraph (1), he/she shall without delay notify the relevant country of such decision via the Minister of Foreign Affairs. <Amended by Presidential Decree No. 24415, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 10 (Issuance, etc. of Alien Entry Permits)
(1) Upon designating a country in consultation with the Minister of Foreign Affairs pursuant to Article 7 (4) of the Act, he/she shall, without delay, notify the head of an overseas diplomatic mission, the head of an office or the head of a branch office of such designation. <Amended by Presidential Decree No. 24415, Mar. 23, 2013>
(2) A person who intends to obtain an alien entry permit pursuant to Article 7 (4) of the Act shall submit a visa application accompanied by documents prescribed by Ordinance of the Ministry of Justice to the head of an overseas diplomatic mission, the head of an office or the head of a branch office.
(3) The head of an overseas diplomatic mission, the head of an office or the head of a branch office shall issue an alien entry permit to an alien who has applied for such entry permit under paragraph (2), as prescribed by Ordinance of the Ministry of Justice. In such cases, the alien entry permit shall contain the status of stay, period of stay, workplace, etc.
(4) The period of validity of an alien entry permit shall be three months, and it shall be valid for only one-time entry into the Republic of Korea: Provided, That a person who is eligible for one of the status of stay for 1. Diplomat (A-1) through 3. International Agreements (A-3) in attached Table 1 and intends to enter the Republic of Korea to be stationed therein shall be granted an entry permit valid for a period of three years and multiple-entries.
(5) When an alien who has entered the Republic of Korea with an alien entry permit granted under paragraph (3) departs from the Republic of Korea, an immigration control official shall collect the alien entry permit: Provided, That the immigration control official shall collect an alien entry permit from an alien at his/her final departure from the Republic of Korea if the alien entered the Republic of Korea with the entry permit granted under the proviso to paragraph (4).
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 11 (Delegation of Authority to Issue Visas)
(1) Pursuant to Article 8 (2) of the Act, the Minister of Justice shall delegate to the head of an overseas diplomatic mission, his/her authority to issue visas to persons eligible for the status of stay for 1. Diplomat (A-1) through 3. International Agreements (A-3) in attached Table 1.
(2) Pursuant to Article 8 (2) of the Act, the Minister of Justice shall delegate to the head of an overseas diplomatic mission, his/her authority to issue visas (excluding his/her authority to issue electronic visas) to persons eligible for the status of stay for 6. Short-Term News Coverage (C-1) through 31. Work and Visit (H-2) in attached Table 1, upon prescribing the scope therefor by Ordinance of the Ministry of Justice. <Amended by Presidential Decree No. 24139, Oct. 15, 2012>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 11-2 (Period of Retention of Visa Applications)
(1) The head of an overseas diplomatic mission shall retain every application for a visa submitted by an applicant to examine the issuance of the visa for a period of three years.
(2) A period of retention of an application for a visa under paragraph (1) shall be counted from January 1 of the year following the year in which the processing of such application is completed.
[This Article Newly Inserted by Presidential Decree No. 24551, May 31, 2013]
 Article 12 (Classification of Status of Stay)
Status of stay granted to aliens under Article 10 (1) of the Act is as specified in attached Table 1.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 13 (Management of Data on Persons Prohibited from Entering the Republic of Korea)
The Minister of Justice shall without delay manage data on persons whom he/she has decided to prohibit from entering the Republic of Korea pursuant to Article 11 of the Act pursuant to procedures for information-processing work. The same shall also apply where the Minister of Justice revokes the prohibition of entry into the Republic of Korea.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 14 (Requests for and Revocation of Prohibition of Entry)
(1) The head of a central administrative agency or the head of a relevant agency prescribed by the Minister of Justice may request the Minister of Justice to prohibit or refuse the entry of an alien deemed to fall under grounds for the prohibition of entry into the Republic of Korea referred to in Article 11 (1) of the Act or for the refusal of entry into the Republic of Korea referred to in paragraph (2) of the same Article in relation to his/her duties: Provided, That a request prohibiting an alien from entering the Republic of Korea in relation to the duties of the head of a Si/Gun/Gu shall be made by the Special Metropolitan City Mayor, a Metropolitan City Mayor or a Do Governor.
(2) Articles 2 (2), 2-2 (2), and 2-3 (3) and (4) shall apply mutatis mutandis to procedures for requesting the prohibition or refusal of entry into the Republic of Korea under paragraph (1): Provided, That such provisions shall not apply to matters concerning the intended period for prohibition or refusal of entry into the Republic of Korea.
(3) The head of an agency that has requested prohibition or refusal of entry into the Republic of Korea shall without delay request the Minister of Justice to revoke such prohibition or refusal of entry into the Republic of Korea when the grounds therefor have ceased to exist.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 15 (Entry Inspections)
(1) An alien who undergoes an entry inspection under Article 12 (1) of the Act shall present his/her passport and entry card to the immigration control official and answer questions: Provided, That the presentation of an entry card may be omitted in any of the following cases: <Amended by Presidential Decree No. 27520, Sep. 29, 2016>
1. Where an alien's registration under Article 31 of the Act is valid;
2. Where an alien's report on the place of residence in the Republic of Korea under Article 6 of the Act on the Immigration and Legal Status of Overseas Koreans is valid;
3. Other cases determined by the Minister of Justice.
(2) When an immigration control official conducts an entry inspection under paragraph (1), he/she shall check an alien’s eligibility for entry into the Republic of Korea and other necessary matters. <Newly Inserted by Presidential Decree No. 27520, Sep. 29, 2016>
(3) When an immigration control official completes an entry inspection under paragraphs (1) and (2), he/she shall place the entry stamp on a passport presented. In such cases, the permitted status of stay and the period of stay shall be stated in the entry stamp. <Newly Inserted by Presidential Decree No. 27520, Sep. 29, 2016>
(4) An alien meeting all of the following requirements may undergo an entry inspection using informatization devices pursuant to Article 12 (2) of the Act. In such cases, if an alien who has provided information about his/her fingerprints and face pursuant to Article 38 (1) 1 of the Act has no problem in undergoing an entry inspection by using informatization devices, the alien shall be deemed to meet the requirement under subparagraph 2: <Amended by Presidential Decree No. 23631, Feb. 28, 2012; Presidential Decree No. 24551, May 31, 2013; Presidential Decree No. 27520, Sep. 29, 2016>
1. An alien shall be at least 17 years of age and shall fall under any of the following categories:
(a) The alien shall be either of the following persons:
(i) A person whose alien registration under Article 31 of the Act is valid;
(ii) A person whose report on the place of residence in the Republic of Korea under Article 6 of the Act on the Immigration and Legal Status of Overseas Koreans is valid;
(b) The alien shall be a person identified by the Minister of Justice as a national of a country with which the Republic of Korea has a valid memorandum of understanding, agreement, etc. or has agreed in any other manner to conduct entry and departure inspections by using informatization devices mutually;
(c) The alien shall be a person whom the Minister of Justice identifies as a person required to undergo an entry inspection by informatization devices on any other ground;
2. An alien shall have been fingerprinted, and his/her face shall have been photographed, as prescribed by Ordinance of the Ministry of Justice;
3. An alien shall satisfy other requirements prescribed and publicly notified by the Minister of Justice.
(5) The presentation of an entry card under the main sentence of paragraph (1) and the placement of an entry stamp under paragraph (3) shall be omitted for an alien who has undergone an entry inspection under paragraph (4). <Amended by Presidential Decree No. 27520, Sep. 29, 2016>
(6) Where an immigration control official decides not to permit the entry of an alien into the Republic of Korea pursuant to Articles 12 (4) and 12-2 (2) of the Act and if he/she deems the case important, he/she shall without delay report such case to the Minister of Justice.
(7) Where an immigration control official permits the entry of an alien eligible under Article 7 (2) 2 of the Act into the Republic of Korea, he/she shall place an entry stamp under paragraph (3) in the alien’s passport and enter the status and period of stay prescribed in 4. Visa Exempted (B-1) in attached Table 1: Provided, That where the immigration control official permits the entry of an alien intending to reside in the Republic of Korea, who is subject to the Visa Exemption Agreement for diplomats and government officials, into the Republic of Korea, he/she shall enter the status and period of stay prescribed in 1. Diplomat (A-1) or 2. Foreign Government Official (A-2) in attached Table 1. <Amended by Presidential Decree No. 27520, Sep. 29, 2016>
(8) Where any of the following applies to an alien who undergoes an entry inspection, an immigration control official may permit the alien to enter the Republic of Korea after correcting the details of his/her visa, as prescribed by Ordinance of the Ministry of Justice:
1. Where the classification of a visa issued by the head of an overseas diplomatic mission, the status of stay, the period of stay, etc. are clearly erroneous;
2. Where the expiration date of the period of stay stated in a multiple-entry visa for the status of stay for 31. Work and Visit (H-2) in attached Table 1 goes beyond the expiration date of the period of validity of such multiple-entry visa.
(9) Article 6 (1) (excluding notification to the head of an issuing agency) and (2) shall apply mutatis mutandis to the custody of forged or altered passports and seafarers' identity documents under Article 12-4 (1) of the Act and procedures for the notification thereof. <Amended by Presidential Decree No. 26311, Jun. 15, 2015; Presidential Decree No. 27520, Sep. 29, 2016>
(10) Article 1 (4) shall apply mutatis mutandis to procedures for entry of alien crew members employed in a ship, etc. of the Republic of Korea.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 15-2 (Exemption from Obligations to Be Fingerprinted and Photographed)
(1) "Person prescribed by Presidential Decree" in Article 12-2 (1) 3 of the Act means any of the following persons:
1. A person deemed by the Minister of Justice as needing to be exempted from the obligation to be fingerprinted and photographed at the request of the head of a central administrative agency among any of the following aliens:
(a) A former or incumbent head of a State, minister or the equivalent high-ranking public official who intends to enter the Republic of Korea for the promotion of international friendship;
(b) A renowned person in the field of education, science, culture, arts, sports, etc.;
(c) A person whose entry is deemed necessary for the promotion of economic activities, such as investment delegation;
2. A person who falls under status of stay for 3. International Agreements (A-3) in attached Table 1;
3. Any other person deemed by the Minister of Justice as needing to be exempted from the obligation to be fingerprinted and photographed, in consideration of the national interest, etc. of the Republic of Korea.
(2) Where the head of a central administrative agency intends to make a request in order to exempt an alien from the obligation to be fingerprinted and photographed pursuant to paragraph (1) 1, he/she shall verify the identity of the alien and submit the grounds for such request, the scheduled date of entry into and departure from the Republic of Korea, etc. to the Minister of Justice by no later than 24 hours before his/her entry into the Republic of Korea.
(3) Upon receipt of a request under paragraph (2), the Minister of Justice shall without delay examine and decide whether to exempt the relevant alien from the obligation to be fingerprinted and photographed.
(4) Where the Minister of Justice decides not to exempt the relevant alien from the obligation to be fingerprinted and photographed as a result of the examination under paragraph (3), he/she shall notify the head of a requesting agency of such decision, specifying the explicit grounds therefor.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 16 (Conditional Entry Permission)
(1) The head of an office or the head of a branch office may set the period of permission for up to 72 hours upon granting conditional entry permission to an alien pursuant to Article 13 (1) of the Act.
(2) When an alien granted conditional entry permission fails to meet or unlikely to meet the conditions within the period of such permission due to extenuating circumstances, the head of an office or the head of a branch office may extend the period of such conditional entry permission by up to the period of permission initially set under paragraph (1).
(3) When an immigration control official deems that an alien granted conditional entry permission meets the requirements referred to in Article 12 (3) of the Act within the period of such permission, he/she shall conduct an entry inspection pursuant to Article 15 (1) through (3). In such cases, the date of entry into the Republic of Korea shall be the date of the conditional entry permission. <Amended by Presidential Decree No. 27520, Sep. 29, 2016>
(4) When an immigration control official conducts an entry inspection pursuant to paragraph (3), he/she shall require the relevant alien to surrender the conditional entry permit.
(5) When an alien granted conditional entry permission leaves the Republic of Korea without undergoing an entry inspection under paragraph (3), an immigration control official shall require the relevant alien to surrender the conditional entry permit.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 17 (Deposit and Return of Bonds, and Procedures for Transfer of such Bonds to National Treasury)
(1) When the head of an office or the head of a branch office requires an alien to deposit a bond pursuant to Article 13 (2) of the Act, he/she shall set the amount of the bond in consideration of money in hand, the purpose of entry into the Republic of Korea, expenses for stay, and other circumstances of the alien.
(2) When the head of an office or the head of a branch office receives a bond deposited under paragraph (1), he/she shall inform the alien of the intent that such bond may be transferred to the fund of the National Treasury if he/she violates any of the conditions imposed under Article 13 (2) of the Act, and procedures for the deposit, payment, etc. of bonds shall follow the procedures for managing the money under the Government’s custody.
(3) A bond deposited by an alien under paragraph (1) shall be returned to the alien when he/she undergoes an entry inspection pursuant to Article 16 (3), or when he/she leaves the Republic of Korea due to his/her failure to meet any of the requirements referred to in the subparagraphs of Article 12 (3) of the Act within the period of permission.
(4) When an alien granted conditional entry permission has fled or fails, without good cause, to comply with a request to appear on at least two occasions, the head of an office or the head of a branch office may fully transfer the bond to the fund of the National Treasury, and when the alien violates any term or condition of the permission on other grounds, the head of an office or the head of a branch office may partially transfer the bond to the fund of the National Treasury.
(5) If the head of an office or the head of a branch office decides to transfer a bond to the fund of the National Treasury pursuant to paragraph (4), he/she shall issue a notice of transfer of the bond to the fund of the National Treasury, stating the grounds for such decision, the amount of the bond transferred to the fund of the National Treasury and other relevant matters.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
SECTION 2 Landing of Aliens
 Article 18 (Landing Permission for Crew Members)
(1) To apply for landing permission for an alien crew member pursuant to Article 14 (1) of the Act, an application for landing permission shall be submitted (including submission via the Integrated National Logistics Information Center established under Article 30-2 (1) of the Framework Act on Logistics Policies) to an immigration control official. <Amended by Presidential Decree No. 24213, Nov. 30, 2012>
(2) "Document prescribed by Presidential Decree" in the main sentence of Article 14 (2) 2 of the Act means a written confirmation of scheduled boarding or an electronic document containing the fact that the alien crew member is scheduled to enter the Republic of Korea.
(3) An application for landing permission for an alien crew member submitted under paragraph (1) to transfer the alien crew member to another ship, etc. or land at any other port of entry and departure in the Republic of Korea pursuant to Article 14 (6) of the Act shall be accompanied by materials explaining the grounds therefor.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 18-2 (Multiple Landing Permission for Crew Members)
(1) When an immigration control official grants landing permission to an alien crew member of a ship, etc. which regularly plies or frequently enters or leaves a port of the Republic of Korea pursuant to Article 14 (1) of the Act, he/she may grant multiple landing permission that enables the alien crew member to land at least twice within the period of validity of such permission.
(2) When granting permission under paragraph (1), an immigration control official shall issue a multiple crewman’s landing permit, which is valid for a period of one year with the permitted period for landing of up to 15 days.
(3) Specific criteria for granting multiple landing permission for crew members under paragraph (1) shall be separately prescribed by the Minister of Justice.
(4) Article 18 (1) shall apply mutatis mutandis to cases falling under paragraph (1).
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 18-3 (Criteria for Landing Permission for Tourism)
(1) The captain of a ship or the forwarding agent that applies for landing permission for alien passengers on board the passenger ship making a tour and operating internationally in the seas of the Republic of Korea and foreign countries for the purpose of tourism pursuant to Article 14-2 (1) of the Act after reviewing whether alien passengers meet the criteria provided for in paragraph (2).
(2) An immigration control official shall consider the following matters when granting landing permission for tourism: <Amended by Presidential Decree No. 26922, Jan. 22, 2016>
1. Whether an alien passenger holds his/her valid passport;
2. Whether an alien passenger plans to depart from the Republic of Korea after he/she left a ship for the purpose of tourism and returned to the ship he/she left at the port of call he/she left the ship;
3. Whether an alien passenger falls any of the following and is prescribed by the Minister of Justice:
(a) A person who may enter the Republic of Korea without a visa under the Visa Exemption Agreement, etc.;
(b) A person who intends to stay in Jeju Special Self-Governing Province after entering Jeju Special Self-Governing Province without a visa pursuant to Article 197 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City;
(c) A national of a country that has entered into an agreement on the mutual attraction of group tourists or has agreed otherwise with the Republic of Korea;
(d) A person to whom it is necessary to grant landing permission for tourism in accordance with items (a) through (c);
4. Whether an alien passenger meets other requirements prescribed by the Minister of Justice in consideration of the national interest, such as promoting international friendship and tourism.
(3) In any of the following circumstances, no immigration control official shall grant landing permission for tourism:
1. Where an alien passenger is subject to prohibition or refusal of entry into the Republic of Korea under Article 11 of the Act;
2. Where the captain of a ship or the forwarding agent is deemed to have failed in managing alien passengers conscientiously considering that the rate of no return to the ship of alien passengers for whom the captain of the ship or the forwarding agent obtained landing permission for tourism in the past surpassed the threshold prescribed by the Minister of Justice;
3. Where the Minister of Justice deems it necessary not to grant landing permission for tourism in consideration of border controls for the security of the Republic of Korea, the necessity of the management of stay, etc.
(4) Landing permission for tourism becomes void immediately after a ship that alien passengers left departs from the port. The same shall also apply where a period of landing permission is extended.
(5) Paragraphs (2) and (3) shall apply mutatis mutandis to criteria for extension of the period of landing permission pursuant to Article 14-2 (3) of the Act.
[This Article Newly Inserted by Presidential Decree No. 23818, May 25, 2012]
 Article 18-4 (Procedures for Landing Permission for Tourism)
(1) When the captain of a ship or the forwarding agent applies for landing permission for tourism pursuant to Article 14-2 (1) of the Act, he/she shall submit an application for landing permission for tourism and documents referred to in the subparagraphs of Article 14-2 (2) of the Act to an immigration control official.
(2) Where an immigration control official issues a landing permit for tourism pursuant to Article 14-2 (3) of the Act, he/she may issue a landing permit for group tourism in consideration of the sameness of travel itinerary of alien passengers in the Republic of Korea.
(3) Except as otherwise provided for in paragraphs (1) and (2), detailed matters regarding the procedures for landing permission for tourism shall be prescribed by the Minister of Justice.
[This Article Newly Inserted by Presidential Decree No. 23818, May 25, 2012]
 Article 19 (Emergency Landing Permission)
When the captain of a ship, etc. or a forwarding agent applies for emergency landing permission for an alien on board the ship, etc. pursuant to Article 15 (1) of the Act, he/she shall submit an application for landing permission that shall be accompanied by documents explaining the grounds therefor to an immigration control official.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 20 (Landing Permission in Distress)
When the captain of a ship, etc., a forwarding agent, a person conducting rescue operations, the captain of a ship, etc. that has rescued an alien etc. applies for landing permission in distress pursuant to Article 16 (1) of the Act, he/she shall submit an application for landing permission that shall be accompanied by an accident report that contains the name of the ship, etc. in distress, the place where the accident has occurred, the date and time the accident has occurred, and the grounds therefor, to the head of an office or the head of a branch office.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 20-2 (Temporary Landing Permission for Refugees)
(1) When an alien on board of a ship, etc. applies for temporary landing permission for refugees pursuant to Article 16-2 (1) of the Act, he/she shall submit an application for temporary landing permission for refugees that shall be accompanied by documents explaining the grounds therefor, to the head of an office or the head of a branch office.
(2) Upon receipt of an application submitted under paragraph (1), the head of an office or the head of a branch office shall send the application to the Minister of Justice along with his/her opinion.
(3) When the Minister of Justice grants approval of an application submitted under paragraph (1), the head of an office or the head of a branch office shall issue a temporary landing permit for refugee to the alien and designate his/her abode in a facility, etc. prescribed by the Minister of Justice.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 21 (Extension of Period of Landing Permission)
(1) Where a person who has obtained landing permission under Article 14 (1), 14-2 (1), 15 (1), 16 (1) or 16-2 (1) of the Act is unable to depart from the Republic of Korea within the permitted period, the applicant for landing permission shall submit an application for an extension of the period of landing permission that shall contain the grounds for such extension, to the head of an office or the head of a branch office. <Amended by Presidential Decree No. 23818, May 25, 2012>
(2) The period that may be extended on one occasion when an application for an extension is filed under paragraph (1) shall not exceed the period provided for in Article 14 (1), 14-2 (1), 15 (1), 16 (1) or 16-2 (1) of the Act. <Amended by Presidential Decree No. 23818, May 25, 2012>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
CHAPTER III STAY AND DEPARTURE OF ALIENS
SECTION 1 Stay of Aliens
 Article 22 (Suspension Orders)
Where the Minister of Justice intends to order an alien to suspend activities pursuant to Article 17 (3) of the Act, he/she shall directly issue a written order of suspension, stating the following matters, to the relevant alien or via the head of an office or the head of a branch office:
1. To suspend such activities immediately;
2. The Minister of Justice will take measures, such as deportation, if the alien fails to comply with the suspension order;
3. Other necessary matters.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 23 (Employment and Status of Stay of Aliens)
(1) Status of stay that entitles an alien to engage in job-seeking activities under Article 18 (1) of the Act shall be such status of stay as 9. Short-Term Employee (C-4), 19. Professor (E-1) through 25. Foreign National of Special Ability (E-7), 25-3. Non-Professional (E-9), 25-4. Maritime Crew (E-10), and 31. Work and Visit (H-2) in attached Table 1. In such cases, "job-seeking activities" means all activities permitted under the relevant status of stay.
(2) Notwithstanding paragraph (1), none of the following persons shall be subject to restrictions on job-seeking activities based on the classification of status of stay specified in attached Table 1:
1. A person holding the status of stay falling under any of items (a) through (c) and (i) through (k) of 27. Residence (F-2) in attached Table 1;
2. A person who holds the status of stay referred to in item (d), (f) or (g) of 27. Residence (F-2) in attached Table 1 and continues to engage in activities in the field falling under his/her former status of stay;
3. A person holding the status of stay of 28-4. Marriage Migrant (F-6) in attached Table 1.
(3) Notwithstanding paragraph (1), no person holding the status of stay of 28-2. Overseas Korean (F-4) in attached Table 1 shall be subject to restrictions on activities based on the classification of status of stay specified in attached Table 1, except in any of the following circumstances: Provided, That even where job seeking is allowed, when a specific qualification is required under the statutes of the Republic of Korea, he/she shall obtain such qualification:
1. Where he/she engages in unskilled labor;
2. Where he/she engages in conduct disturbing good morals or other social order;
3. Where restrictions on his/her employment are deemed necessary for maintaining public interests, employment order, etc. in the Republic of Korea.
(4) Notwithstanding paragraph (1), no person holding the status of stay of 28-3. Permanent Resident (F-5) in attached Table 1 shall be subject to restrictions on activities based on the classification of status of stay as specified in attached Table 1.
(5) Where a person holding the status of stay for 30. Working Holiday (H-1) in attached Table 1 engages in job-seeking activities, he/she shall be deemed to have the status of stay that entitles him/her to engage in job-seeking activities under paragraph (1).
(6) The specific scope of each subparagraph of paragraph (3) shall be prescribed by Ordinance of the Ministry of Justice.
(7) When the following matters are discussed by the Foreign Manpower Policy Committee pursuant to Article 4 (2) of the Act on the Employment, etc. of Foreign Workers, the Vice Minister of Justice and the Vice Minister of Employment and Labor shall first consult about the matters to be discussed and jointly bring them up for discussion, and the Minister of Justice and the Minister of Employment and Labor shall jointly give public notice of the matters discussed and a resolution passed:
1. An annual quota for persons who fall under item (a) (ⅶ) of the status of stay for 31. Work and Visit (H-2) in attached Table 1;
2. The ceiling on the number of employees for each place of business for the persons holding the status of stay for 31. Work and Visit (H-2) in attached Table 1.
(8) Where the Minister of Justice determines the following matters, he/she may publicly notify such matters:
1. Important matters concerning the issuance of visas for persons falling under item (a) (ⅶ) of the status of stay for 31. Work and Visit (H-2) in attached Table 1;
2. Matters concerning the detailed allotment by nationality of the annual quota for persons decided pursuant to paragraph (7) 1 (in such cases, the number of Korean nationals in each country in which they reside, economic level, diplomatic relations with the Republic of Korea, etc. shall be considered);
3. Other important matters concerning the entry and scope of activities of persons holding the status of stay for 31. Work and Visit (H-2) in attached Table 1.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 24 (Reporting by Employers, etc. of Aliens)
(1) Where an employer of an alien or the head of an establishment providing industrial technology training for aliens intends to file a report pursuant to Article 19 of the Act, he/she shall submit a report on the occurrence of reasons for any change regarding aliens he/she employs and trains, to the head of an office or the head of a branch office.
(2) Circumstances in which an employer of an alien amends the important terms of the employment contract under Article 19 (1) 3 of the Act mean any of the following:
1. Where he/she has changed the period of the employment contract;
2. Where the employer or the representative is changed, the name of workplace is changed, or the location thereof is changed following the relocation of the workplace: Provided, That any of the following cases shall be excluded herefrom:
(a) Where a State agency or local government employs an alien;
(b) Where a school defined in Article 2 of the Elementary and Secondary Education Act or Article 2 of the Higher Education Act or a higher educational institution established under special Acts employs an alien;
(c) Where the representative of a corporation is changed;
(d) Where an alien changes his/her workplace pursuant to Article 21 (1) of the Act;
3. Where an employee is placed under other Acts, such as the Act on the Protection, etc. of Temporary Agency Workers (including where the workplace to which the employee has been placed is changed).
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 24-2 (Technical Training Establishments, etc.)
Industrial establishments in which aliens are able to engage in technical training activities pursuant to Article 19-2 of the Act are as follows: <Amended by Presidential Decree No. 24139, Oct. 15, 2012>
1. An industrial establishment which has made an overseas direct investment as defined in Article 3 (1) 18 of the Foreign Exchange Transactions Act;
2. An industrial establishment that exports technologies to foreign countries and that the Minister of Justice deems required conducting technical training;
3. An industrial establishment which exports industrial plants to foreign countries pursuant to Article 32 (1) of the Foreign Trade Act;
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 24-3 Deleted. <by Presidential Decree No. 20076, Jun. 1, 2007>
 Article 24-4 (Recruitment and Management of Technical Trainees)
(1) Industrial establishments referred to in the subparagraphs of Article 24-2 shall recruit aliens as technical trainees according to the following classification: <Amended by Presidential Decree No. 23274, Nov. 1, 2011; Presidential Decree No. 24139, Oct. 15, 2012>
1. An industrial establishment referred to in subparagraph 1 of Article 24-2: Employees who work as production workers for a joint venture corporation or local corporation of the industrial establishment;
2. An industrial establishment referred to in subparagraph 2 of Article 24-2: Employees who work as production workers for a foreign company, from which the amount of contract for technology introduction, or with which technical tie-up is at least USD 100,000;
3. An industrial establishment referred to in subparagraph 3 of Article 24-2: Employees who work as production workers for a foreign company which imports the relevant industrial plants.
(2) Deleted. <by Presidential Decree No. 20076, Jun. 1, 2007>
(3) No head of an industrial establishment referred to in paragraph (1) shall recruit any of the following aliens as technical trainees: <Amended by Presidential Decree No. 23274, Nov. 1, 2011; Presidential Decree No. 24139, Oct. 15, 2012>
1. A person who has been sentenced to imprisonment without labor or heavier punishment in the Republic of Korea, or has been sentenced to a corresponding punishment in a foreign country;
2. A person who has left the Republic of Korea after receiving a departure order or deportation order;
3. A person who has ever stayed illegally in the Republic of Korea for at least six months;
4. A person deemed likely to enter the Republic of Korea for an illegal employment;
5. A person who falls under any subparagraph of Article 11 (1) of the Act.
(4) If requested by the head of the competent regional employment and labor office, the head of an office or the head of a branch office may provide him/her with the departure and entry records of technical trainees. <Amended by Presidential Decree No. 23274, Nov. 1, 2011; Presidential Decree No. 24139, Oct. 15, 2012>
(5) Deleted. <by Presidential Decree No. 17579, Apr. 18, 2002>
(6) Deleted. <by Presidential Decree No. 20076, Jun. 1, 2007>
(7) Except as otherwise provided for in paragraphs (1), (3) and (4), matters necessary for the recruitment and management of technical trainees shall be separately prescribed by the Minister of Justice. <Amended by Presidential Decree No. 23274, Nov. 1, 2011; Presidential Decree No. 24139, Oct. 15, 2012>
[This Article Newly Inserted by Presidential Decree No. 15764, Apr. 1, 1998]
 Articles 24-5 through 24-7 Deleted. <by Presidential Decree No. 20076, Jun. 1, 2007>
 Article 24-8 (Management, etc. of Alien Students)
(1) The head of a school referred to in Article 19-4 (1) of the Act shall conduct the following affairs:
1. Administration of attendance issues, acquisition of credits, etc. of alien students under Article 19-4 (1) of the Act (hereinafter referred to as "alien students");
2. Counseling necessary to prevent the secession of alien students;
3. Notifying the head of an office or the head of a branch office of the status of administration and counseling under subparagraphs 1 and 2 (including notification via an information and communications network).
(2) A staff member in charge of the management of alien students designated under Article 19-4 (1) of the Act may conduct the affairs referred to in paragraph (1).
(3) The Minister of Justice may prescribe detailed matters regarding the procedures for conducting the affairs referred to in paragraph (1).
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 25 (Permission to Engage in Activities not Covered by Original Status of Stay)
(1) An alien who intends to obtain permission to engage in activities corresponding to another status of stay while engaging in activities covered by his/her original status of stay pursuant to Article 20 of the Act shall file an application for permission to engage in activities not covered by his/her original status of stay that shall be accompanied by documents prescribed by Ordinance of the Ministry of Justice with the head of an office or the head of a branch office.
(2) Upon receipt of an application filed under paragraph (1), the head of an office or the head of a branch office shall without delay send the application to the Minister of Justice along with his/her opinion.
(3) When the Minister of Justice approves the application filed under paragraph (1), the head of an office or the head of a branch office shall place a stamp on the passport or affix a sticker permitting the applicant to engage in activities not covered by his/her original status of stay on the passport: Provided, That when an applicant has no passport or the head of an office or the head of a branch office deems it necessary, he/she may issue a permit to engage in activities not covered by his/her original status of stay, in lieu of placing a stamp or affixing a sticker permitting the applicant to engage in activities not covered by his/her original status of stay on the passport.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 26 (Permission to Change or Add Workplace)
(1) A person who intends to obtain permission to change or add his/her workplace pursuant to the main sentence of Article 21 (1) of the Act shall file an application for permission to change or add a workplace that shall be accompanied by documents prescribed by Ordinance of the Ministry of Justice with the head of an office or the head of a branch office.
(2) Upon receipt of an application filed under paragraph (1), the head of an office or the head of a branch office shall without delay send the application to the Minister of Justice along with his/her opinion.
(3) When the Minister of Justice approves an application for permission to change a workplace filed under paragraph (1), the head of an office or the head of a branch office shall place a stamp permitting the change of a workplace and enter the changed workplace and the period of stay in the passport or affix a sticker permitting the change of the workplace on the passport.
(4) When the Minister of Justice approves an application for permission to add a workplace filed under paragraph (1), the head of an office or the head of a branch office shall place a stamp permitting the addition of a workplace and enter the added workplace and the period of validity in the passport or affix a sticker permitting the addition of the workplace on the passport.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 26-2 (Reporting on Change or Addition of Workplace)
(1) "Person prescribed by Presidential Decree" in the proviso to Article 21 (1) of the Act means an alien holding the status of stay for 19. Professor (E-1) through 25. Foreign National of Special Ability (E-7) in attached Table 1, satisfying requirements publicly announced by the Minister of Justice.
(2) A person who intends to report the change or addition of his/her workplace pursuant to the proviso to Article 21 (1) of the Act shall submit a report on the change or addition of workplace that shall be accompanied by documents prescribed by Ordinance of the Ministry of Justice, to the head of an office or the head of a branch office.
(3) The head of an office or branch office shall without delay send a report and accompanying documents submitted under paragraph (2) to the Minister of Justice. <Amended by Presidential Decree No. 24139, Oct. 15, 2012>
(4) When the Minister of Justice has accepted a report on the change or addition of workplace under paragraph (2), the head of an office or branch office shall place a report stamp on the change or addition of workplace on the passport of a reporter and enter the changed or added workplace and the period of stay or the period of validity therein or affix a report sticker on the change or addition of workplace on the passport. <Amended by Presidential Decree No. 24139, Oct. 15, 2012>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 27 (Restrictions on Scope of Activities)
When the Minister of Justice restricts the residence or scope of activities of an alien or prescribes matters to be observed pursuant to Article 22 of the Act, he/she shall issue a notice of restrictions on the scope of activities, etc. stating the restrictions or matters to be observed and the grounds therefor, directly to the relevant alien or via the head of an office or the head of a branch office.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 28 (Exception to Methods of Giving Notice)
(1) When the Minister of Justice issues a suspension order of activity under Article 22 or a notice of restrictions on the scope of activities, etc. under Article 27, if the person in question is not available or there is a reason making it impossible for the Minister to issue the order or notice directly to the person, he/she may issue such order or notice to whom the person lives with or the head of an organization to which the person belongs. In such cases, the order or notice shall be deemed issued to the person.
(2) In emergencies, in cases referred to in Article 22 or 27, the order or notice may be first delivered verbally. In such cases, a suspension order of activity or a notice of restrictions on the scope of activities, etc. shall be issued without delay after the verbal delivery.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 29 (Granting Status of Stay)
(1) A person who intends to obtain status of stay pursuant to Article 23 of the Act shall file an application for status of stay that shall be accompanied by documents prescribed by Ordinance of the Ministry of Justice with the head of an office or the head of a branch office, who shall without delay send the application and documents to the Minister of Justice.
(2) When the Minister of Justice grants status of stay based on an application filed under paragraph (1), he/she shall notify the head of an office or the head of a branch office of the prescribed period of stay.
(3) Upon receipt of notification under paragraph (2), the head of an office or the head of a branch office shall place a stamp permitting status of stay, and enter status of stay and a period of stay in the applicant’s passport or affix a sticker permitting status of stay on the applicant’s passport.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 30 (Permission to Change Status of Stay)
(1) A person who intends to obtain permission to change his/her status of stay pursuant to Article 24 (1) of the Act shall file an application for change of status of stay that shall be accompanied by documents prescribed by Ordinance of the Ministry of Justice with the head of an office or the head of a branch office.
(2) Upon receipt of an application filed under paragraph (1), the head of an office or the head of a branch office shall without delay send the application to the Minister of Justice along with his/her opinion.
(3) When the Minister of Justice approves an application for change of status of stay filed under paragraph (1), the head of an office or the head of a branch office shall place a stamp permitting the change of status of stay and enter status of stay, a period of stay and a workplace in the applicant’s passport, or affix a sticker permitting the change of status of stay on the applicant’s passport: Provided, That when an alien registration certificate is issued or reissued, the issuance or reissuance of the certificate shall substitute for the placement of such stamp and entry of status of stay, period of stay, and workplace in or affixing such sticker on the passport.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 31 (Permission to Extend Period of Stay)
(1) A person who intends to obtain permission to extend his/her period of stay under Article 25 of the Act shall file an application for an extension of the period of stay that shall be accompanied by documents prescribed by Ordinance of the Ministry of Justice with the head of an office or the head of a branch office, before the expiration of the permitted period of stay.
(2) Upon receipt of an application filed under paragraph (1), the head of an office or the head of a branch office shall without delay send the application to the Minister of Justice along with his/her opinion.
(3) When the Minister of Justice permits an extension of the period of stay in response to an application under paragraph (1), the head of an office or the head of a branch office shall place a stamp permitting the extension of the period of stay and enter the period of stay in the passport, or affix a sticker permitting the extension of the period of stay on the passport: Provided, That when the Minister of Justice grants an extension of the period of stay to a person who has filed for alien registration, stating the permitted period in the person’s alien registration certificate shall substitute for the placement of such stamp and entry of the period of stay in or affixing such sticker on the passport.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 32 Deleted. <by Presidential Decree No. 15417, Jun. 28, 1997>
 Article 33 (Notice of Departure when Extension of Period of Stay, etc. Is not Permitted)
(1) When the Minister of Justice does not grant permission, etc. under Articles 29 through 31, he/she shall issue a notice of decision on disapproval for an extension of the period of stay, etc. to the applicant. In such cases, when he/she does not permit the change of status of stay under Article 30, he/she may allow the applicant to stay under the initially granted status of stay. <Amended by Presidential Decree No. 24551, May 31, 2013>
(2) The Minister of Justice shall specify, in a notice of decision on disapproval for an extension of the period of stay, etc. issued under paragraph (1), the deadline for departure from the Republic of Korea within a period of up to 14 days from the date of issuance of such notice: Provided, That, if deemed necessary, the Minister of Justice may determine the expiration date of the period of stay already granted as the deadline for departure from the Republic of Korea, and when he/she allows an applicant to stay under the initially granted status of stay pursuant to the latter part of paragraph (1), he/she may choose not to specify the deadline for departure from the Republic of Korea. <Amended by Presidential Decree No. 24551, May 31, 2013>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 34 (Advance Notice of Departure Following Grant of Status of Stay, etc.)
Where the Minister of Justice grants status of stay or permits the change of status of stay, etc. in accordance with Articles 23 through 25 of the Act, and when he/she decides not to permit an extension of the period of stay thereafter, the head of an office or the head of a branch office shall state in the passport that its holder shall leave the Republic of Korea within the permitted period of stay.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
SECTION 2 Departure of Aliens
 Article 35 (Departure Inspections)
(1) Procedures for departure inspections of nationals under Article 1 (1) through (3) shall apply mutatis mutandis to departure inspections of aliens under Article 28 (1) of the Act. <Amended by Presidential Decree No. 27520, Sep. 29, 2016>
(2) Where an alien crew member employed in a ship, etc. of the Republic of Korea leaves the Republic of Korea, Article 1 (4) and (5) shall apply mutatis mutandis to procedures for departure of such alien crew member from the Republic of Korea.
(3) Article 6 (1) (excluding notification to the head of an issuing agency) and (2) shall apply mutatis mutandis to the custody of forged or altered passports and seafarers' identity documents under Article 28 (3) of the Act and procedures for notification thereof. <Amended by Presidential Decree No. 27520, Sep. 29, 2016>
(4) An alien who meets all the requirements under Article 15 (4) may undergo a departure inspection by informatization devices under Article 3 (2) of the Act, which shall apply mutatis mutandis pursuant to Article 28 (5) of the Act. In such cases, if an alien who has provided information about his/her fingerprints and face pursuant to Article 12-2 (1) or 38 (1) 1 of the Act has no problem in undergoing a departure inspection by using informatization devices, the alien shall be deemed to meet the requirements under Article 15 (4) 2. <Amended by Presidential Decree No. 27520, Sep. 29, 2016>
(5) The departure stamp shall be omitted for the aliens who complete a departure inspection under paragraph (4). <Newly Inserted by Presidential Decree No. 27520, Sep. 29, 2016>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 36 (Period during which Aliens’ Departure from Republic of Korea Is Suspended)
(1) A period during which an alien shall be suspended from departing from the Republic of Korea under Article 29 of the Act is as follows: <Amended by Presidential Decree No. 23506, Jan. 13, 2012>
1. An alien falling under any subparagraph of Article 4 (1) of the Act: Within three months;
2. An alien falling under Article 4 (2) of the Act: Within ten days: Provided, That any of the following aliens shall be suspended from departing from the Republic of Korea for the period prescribed by each item:
(a) An alien in whose case it is impracticable to proceed with an investigation due to special grounds, such as abscondence: Within one month;
(b) An alien in whose case a stay of prosecution has been decided due to his/her unknown whereabouts: Within three months;
(c) An alien in whose case a stay of prosecution has been decided and an arrest warrant or bench warrant has been issued: Within the period of validity of the warrant.
(2) Where the whereabouts of a person in whose case a stay of prosecution has been decided is discovered among persons falling under paragraph (1) 2, an intended period of the suspension of departure from the Republic of Korea shall be within ten days from the date his/her whereabouts is discovered. <Newly Inserted by Presidential Decree No. 23506, Jan. 13, 2012>
(3) The provisions of Articles 1-4 shall apply mutatis mutandis to the calculation of a period for suspending an alien from departing from the Republic of Korea under paragraph (1). In such cases, "period for prohibition of departure from the Republic of Korea" shall be construed as "period for suspending an alien from departing from the Republic of Korea." <Amended by Presidential Decree No. 23506, Jan. 13, 2012>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 36-2 (Procedures, etc. for Suspending Aliens from Departing from the Republic of Korea)
The provisions of Articles 2, 2-2, 2-3, 3, 3-2 through 3-4 and 5 shall apply mutatis mutandis to the procedures for suspending aliens from departing from the Republic of Korea and procedures, etc. for extension of a period of suspension of departure of an alien from the Republic of Korea. In such cases, "prohibition of departure from the Republic of Korea" shall be construed as "suspension of departure from the Republic of Korea" and "period for prohibition of departure from the Republic of Korea under Article 4 (1) or (2) of the Act" as "period for suspension of departure from the Republic of Korea under the subparagraphs of Article 36 (1)," respectively. <Amended by Presidential Decree No. 23506, Jan. 13, 2012>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 37 (Alien’s Departure from the Republic of Korea upon Revocation of Suspension of Departure)
An alien who fails to depart from the Republic of Korea until the expiration date of the permitted period of stay due to the suspension of departure may depart from the Republic of Korea without following separate procedures, such as an extension of the period of stay, within ten days from the date of revocation of the suspension of departure from the Republic of Korea.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 38 (Delegation of Authority to Grant Extensions of Permitted Period of Reentry)
The Minister of Justice shall delegate his/her authority to grant extensions of the permitted period of reentry to the head of an overseas diplomatic mission pursuant to Article 30 (4) of the Act where a person who has obtained permission for reentry (including a person exempted from obtaining permission for reentry) pursuant to Article 30 (1) of the Act cannot reenter the Republic of Korea within the permitted period or the exemption period due to no available ship, etc., a disease or other exceptional circumstances after his/her departure from the Republic of Korea.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 39 Deleted. <by Presidential Decree No. 18097, Sep. 1, 2003>
CHAPTER IV REGISTRATION OF ALIENS AND SOCIAL INTEGRATION PROGRAMS
SECTION 1 Registration of Aliens
 Article 40 (Registration of Aliens, etc.)
(1) A person who intends to file for alien registration pursuant to Article 31 of the Act shall file an application for alien registration that shall be accompanied by his/her passport and other documents prescribed by Ordinance of the Ministry of Justice with the head of an office or the head of a branch office having jurisdiction over his/her place of stay.
(2) The head of an office or the head of a branch office having jurisdiction over the place of stay shall assign an alien registration number to a person registered as an alien pursuant to paragraph (1) and enter the alien registration number in the register of registered aliens.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 40-2 Deleted. <by Presidential Decree No. 27520, Sep. 29, 2016>
 Article 40-3 (Numbering System, etc. of Alien Registration)
(1) An alien registration number assigned pursuant to Article 40 shall be a 13-digit number indicating the date of birth, gender, registration office, etc. <Amended by Presidential Decree No. 27520, Sep. 29, 2016>
(2) One alien registration number shall be assigned to one person, and no number already assigned shall be assigned to another person.
(3) Except as otherwise provided for in paragraphs (1) and (2), matters necessary for the numbering system of alien registration and procedures for assigning alien registration numbers shall be prescribed by the Minister of Justice.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 41 (Issuance of Alien Registration Certificates)
(1) Where the head of an office or the head of a branch office having jurisdiction over the place of stay of an alien registered under Article 31 of the Act (hereinafter referred to as "registered alien") issues an alien registration certificate pursuant to Article 33 of the Act, he/she shall enter the fact in the register of issuance of alien registration certificates.
(2) For an alien who is under 17 years of age to whom the head of an office or the head a branch office having jurisdiction over the place of stay has not issued an alien registration certificate pursuant to the proviso to Article 33 (1) of the Act, he/she shall affix a sticker bearing the alien registration number on the alien’s passport.
(3) Where an alien intends to apply for an alien registration certificate pursuant to Article 33 (2) of the Act, he/she shall file an application for an alien registration certificate with the head of an office or the head of a branch office having jurisdiction over the place of stay, along with his/her passport and one copy of his/her photograph. <Amended by Presidential Decree No. 27520, Sep. 29, 2016>
(4) The material and dimensions of the alien registration certificate, entries therein, the official seal to be used in the alien registration certificate, and other necessary matters shall be prescribed by the Minister of Justice.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 42 (Reissuance of Alien Registration Certificates)
(1) Where any of the following grounds arises for a person issued an alien registration certificate, the head of an office or the head of a branch office having jurisdiction over the place of stay may reissue an alien registration certificate to the person:
1. Where he/she has lost his/her alien registration certificate;
2. Where an alien registration certificate is no longer usable as it is worn-out;
3. Where space in an alien registration certificate is not enough to mention items;
4. Where he/she has obtained permission to change his/her status of stay pursuant to Article 24 of the Act;
5. Where he/she has reported the change in the matters referred to in subparagraph 1 of Article 35 of the Act with respect to his/her alien registration;
6. Where it is necessary to renew alien registration certificates completely in order to prevent the forgery thereof.
(2) A person who intends to be reissued an alien registration certificate pursuant to paragraph (1) shall file an application therefor with one copy of his/her photograph with the head of an office or the head of a branch office having jurisdiction over the place of stay within 14 days from the date the ground therefor arises. In such cases, where he/she applies for reissuance of an alien registration certificate on any of the grounds provided for in paragraph (1) 2 through 6, he/she shall submit an application accompanied by his/her original alien registration certificate.
(3) When the head of an office or the head of a branch office having jurisdiction over the place of stay reissues an alien registration certificate, he/she shall enter the ground for the reissuance thereof in the register of issuance of alien registration certificates, and destroy the original alien registration certificate he/she has received pursuant to the latter part of paragraph (2).
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 43 (Preparation and Management of Registered Alien Records)
(1) The head of an office or the head of a branch office having jurisdiction over the place of stay shall prepare and keep a registered alien record for each alien under Article 34 (1) of the Act.
(2) When the head of an office or the head of a branch office having jurisdiction over the place of stay grants various permission to, gives notice to, or receives reports, etc. from a registered alien, he/she shall enter and manage the details thereof in the registered alien record.
(3) The head of a Si/Gun/Gu shall keep the register of aliens pursuant to Article 34 (2) of the Act and enter and manage the relevant details in the register of aliens upon receiving an alien registration card after an alien first files for alien registration or move to a district under his/her jurisdiction, and when the alien moves his/her place of stay to a district under another jurisdiction or receives a notice of cancellation of alien registration from the head of an office or branch office having jurisdiction over the place of stay, he/she shall cross out the relevant matters with red lines and enter the ground therefor and date in the register of aliens.
(4) Upon receipt of a notice of the cancellation of alien registration, the head of a Si/Gun/Gu shall keep the alien registration card of the relevant alien for one year from the date of cancellation.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 44 (Reporting on Changes in Matters Registered by Aliens)
(1) An alien who intends to report a change in registered matters under Article 35 of the Act shall submit a report on the change in registered matters along with his/her alien registration certificate and passport, to the head of an office or the head of a branch office having jurisdiction over the place of stay.
(2) Upon receipt of a report on changes under paragraph (1), the head of an office or the head of a branch office having jurisdiction over the place of stay shall adjust the relevant registered alien record, reissue an alien registration certificate if the matters referred to in subparagraph 1 of Article 35 of the Act are changed, and forward a copy of the report on changes in registered matters to the head of a Si/Gun/Gu where the alien stays.
(3) Upon receipt of a copy of a report on changes in registered matters pursuant to paragraph (2), the head of a Si/Gun/Gu shall without delay adjust the relevant alien registration card.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 45 (Reporting on Change in Place of Stay)
(1) A registered alien who intends to file a moving-in report pursuant to Article 36 (1) of the Act shall submit a report on the change of his/her place of stay to the head of a Si/Gun/Gu (including the head of a non-autonomous Gu; hereafter the same shall apply in this Article) or the head of a Eup/Myeon/Dong having jurisdiction over the new place of stay or to the head of an office or of a branch office having jurisdiction over the new place of stay. <Amended by Presidential Decree No. 27520, Sep. 29, 2016>
(2) Upon receipt of a moving-in report filed under paragraph (1), the head of a Si/Gun/Gu, the head of an Eup/Myeon/Dong, or the head of an office or of a branch office shall enter changed descriptions in the alien registration certificate, deliver it to the reporting person after placing a stamp confirming the report on the change of the place of stay, and then send a written notice of the change of the place of stay to the head of the office or the branch office having jurisdiction over the former place of stay pursuant to Article 36 (7) of the Act. <Amended by Presidential Decree No. 27520, Sep. 29, 2016>
(3) The head of an office or the head of a branch office having jurisdiction over the former place of stay in receipt of the written notice of changed descriptions pursuant to paragraph (2) shall send an alien registration card to the head of an office or a branch office having jurisdiction over the new place of stay, who shall promptly adjust such card.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 46 (Surrender, etc. of Alien Registration Certificates)
(1) When an immigration control official receives an alien registration certificate surrendered pursuant to Article 37 (1) or (5) of the Act, he/she shall without delay notify the alien's departure from the Republic of Korea to the head of an office or the head of a branch office having jurisdiction over the place of stay.
(2) A registered alien shall surrender his/her alien registration certificate pursuant to Article 37 (2) of the Act at the time and in the manner prescribed in the following: <Amended by Presidential Decree No. 27520, Sep. 29, 2016>
1. Where the registered alien becomes a Korean national, the person himself/herself, his/her spouse, either of his/her parents, or a person specified in Article 89 (1) shall surrender his/her alien registration certificate to the head of an office or the head of a branch office having jurisdiction over the place of stay, within 30 days from the date of filing resident registration;
2. If the registered alien is dead, his/her spouse, either of his/her parents, or a person specified in Article 89 (1) shall surrender his/her alien registration certificate to the head of an office or the head of a branch office having jurisdiction over the place of stay, along with a medical certificate, a death certificate, or any similar document certifying his/her death, within 30 days from the date when his/her death is known to them;
3. Where the registered alien falls under any subparagraph of Article 31 (1) of the Act, he/she shall surrender his/her alien registration certificate to the head of an office or the head of a branch office having jurisdiction over the place of stay at the time he/she obtains permission to change his/her status of stay.
(3) When the head of an office or the head of a branch office having jurisdiction over the place of stay is notified of departure of an alien from the Republic of Korea or receives an alien registration certificate surrendered under paragraphs (1) and (2), he/she shall notify the cancellation of alien registration to the head of a Si/Gun/Gu having jurisdiction over the alien's place of stay.
(4) The head of a Si/Gun/Gu in receipt of a notification under paragraph (3) shall without delay adjust the relevant alien registration card.
(5) Where the head of an office or the head of a branch office takes temporary custody of an alien registration certificate pursuant to Article 37 (4) of the Act, he/she shall issue a certificate of custody after entering the fact in the book of articles in custody and keep the certificate, and promptly return the alien registration certificate in his/her custody upon receipt of a request for return under paragraph (5) of the same Article.
(6) Upon receipt of an alien registration certificate surrendered pursuant to paragraphs (1) and (2), an immigration control official, the head of an office, or the head of a branch office shall destroy the alien registration certificate after completing the procedures under paragraphs (1) and (3). <Newly Inserted by Presidential Decree No. 26311, Jun. 15, 2015>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 47 (Procedure, etc. for Cancellation of Alien Registration)
(1) Pursuant to Article 37-2 (2), the head of an office or the head of a branch office may cancel an alien's registration at the time specified in any of the following subparagraphs:
1. Where an alien surrenders his/her alien registration certificate pursuant to the main sentence of Article 37 (1) of the Act: At the time the alien registration certificate is surrendered;
2. Where a registered alien becomes a national: At the time it is confirmed that the registered alien has obtained the nationality of the Republic of Korea;
3. Where a registered alien is dead: At the time the death of the registered person is confirmed by means of a medical certificate, a death certificate, or any similar document;
4. Where an alien falls under any subparagraph of Article 31 (1) of the Act: At the time it is confirmed that the alien has been permitted to change his/her status of stay to the relevant status of stay, such as Diplomat (A-1), Foreign Government Official (A-2), or International Agreements (A-3);
5. Where a registered alien fails to enter during the permitted period of reentry after departure (the exempted period or the permitted period of stay if the alien has been exempted from the permission for reentry): After the expiration of the permitted period of reentry;
6. Where an alien's registration shall be cancelled on any of the grounds prescribed by Ordinance of the Ministry of Justice: At the time the ground is confirmed.
(2) When the head of an office or the head of a branch office cancels an alien's registration, he/she shall record the cancellation in the register of registered aliens and shall describe the ground for cancellation, the date of cancellation, and the name of a public official in charge therein.
(3) When the head of an office or the head of a branch office cancels aliens' registration under paragraph (2), he/she shall make a register of cancellation of registered aliens for separate management.
(4) When an alien whose registration was cancelled under paragraph (2) files for new alien registration under Article 31 of the Act, the head of an office or the head of a branch office shall give the alien registration number same as the number given to the alien before it was cancelled.
(5) Except as otherwise provided for in paragraphs (1) through (4), matters necessary for the procedure for cancelling alien registration shall be determined by the Minister of Justice.
[This Article Newly Inserted by Presidential Decree No. 27520, Sep. 29, 2016]
SECTION 2 Social Integration Programs
 Article 48 (Details and Development of Social Integration Programs)
(1) Social integration programs (hereinafter referred to as "social integration program") referred to in Article 39 (1) of the Act shall consist of the following:
1. Education of the Korean language;
2. Education for understanding of Korean society;
3. Other education, provision of information, counseling, etc. deemed necessary by the Minister of Justice to support the social adaptation of aliens.
(2) The Minister of Justice may conduct the following evaluations on those who participate in social integration programs (hereinafter referred to as "participants in social integration programs"):
1. Preliminary evaluation;
2. Evaluation in each stage for the measurement of learning outcomes;
3. General evaluation deciding whether a participant has completed social integration programs.
(3) The Minister of Justice shall endeavor to make social integration standardized, systematic and effective.
(4) The Minister of Justice may outsource the development of social integration programs or evaluations on participants in social integration programs to a university, corporation, institution, organization, etc. specialized in the related field, if necessary.
(5) Except as otherwise provided for in paragraphs (1) through (4), matters necessary for the development and operation of social integration programs shall be prescribed by the Minister of Justice.
[This Article Newly Inserted by Presidential Decree No. 24139, Oct. 15, 2012]
 Article 49 (Designation of Operating Institutions)
(1) An institution, corporation or organization intending to be designated as an institution operating social integration programs (hereinafter referred to as "operating institution") under Article 39 (2) of the Act shall meet the following requirements and file an application accompanied by an operational plan, etc., prescribed by Ordinance of the Ministry of Justice, with the Minister of Justice:
1. To have an office and a place of education available at any time;
2. To secure experts prescribed by Ordinance of the Ministry of Justice;
3. To have subscribed to indemnity insurance and fire insurance for facilities;
4. Other requirements prescribed and publicly notified or posted on the Ministry’s website by the Minister of Justice, which are necessary for designing operational institutions, such as securing human resources to operate social integration programs.
(2) Upon receipt of an application for designation filed under paragraph (1), the Minister of Justice shall decide whether to approve the application for designation in consideration of the following matters:
1. Experience and expertise in conducting affairs related to social integration programs;
2. A level of experts and educational facilities or equipment and materials the applicant has secured;
3. Fidelity and feasibility of the operational plan;
4. Whether designation has ever been cancelled pursuant to Article 50 (3) within the last three years;
5. A method and ability to supply funds for the operation of an operating institution;
6. Other matters deemed important by the Minister of Justice, such as participants’ accessibility to and convenience in the use of social integration programs.
(3) Where any of the following institutions, corporations or organizations receives sufficient subsidies to cover expenses incurred in operating social integration programs from the State or a local government, the Minister of Justice may give additional marks when evaluating the requirements referred to in paragraph (2) 5:
1. A local government and its affiliated agency;
2. A multicultural family support center established under Article 12 of the Multicultural Families Support Act;
3. A social welfare center which is established and operated consolidating at least two social welfare facilities or which provides social welfare services consolidating at least two social welfare services pursuant to Article 34-2 of the Social Welfare Services Act among the social welfare centers established under Article 34-5 of the same Act;
4. A university defined in subparagraphs 1 through 6 of Article 2 of the Higher Education Act and its affiliated institution;
5. Other institutions, corporations or organizations deemed equivalent to those referred to in subparagraphs 1 through 4 by the Minister of Justice.
(4) The designation of an operating institution shall be valid for a period up to two years.
(5) A designated operating institution shall conduct the following affairs:
1. Operating social integration programs;
2. Providing information related to entry into and departure from the Republic of Korea and alien-related policies and public relations thereof;
3. Promoting social integration of aliens and raising public awareness of multiculture;
4. Other affairs necessary to support the social adaptation of aliens.
(6) Except as otherwise provided for in paragraphs (1) through (5), matters necessary for the designation of operating institutions shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Newly Inserted by Presidential Decree No. 24139, Oct. 15, 2012]
 Article 50 (Management and Revocation of Designation of Operating Institutions)
(1) If necessary to ascertain the actual conditions of operating social integration programs of an operating institution, the Minister of Justice may request the operating institution to submit related data or file a report.
(2) The Minister of Justice may give warning or request correction to an operating institution that violates the Act or fails to comply with a request to submit data or file a report under paragraph (1).
(3) Where an operating institution falls under any of the following, the Minister of Justice may revoke the designation of the operating institution:
1. Where it has obtained a designation as an operating institution by fraud or other improper means;
2. Where it fails to meet any of the requirements referred to in the subparagraphs of Article 49 (1);
3. Where it misappropriates a subsidy granted pursuant to Article 39 (4) of the Act;
4. Where it fails to comply with a request for correction under paragraph (2) without justifiable grounds;
5. Where it repeatedly fails to comply with a request for correction or to heed the warning issued under paragraph (2).
(4) Detailed matters concerning the management and cancellation of designation of operating institutions, such as warning and requests for correction under paragraph (2) and criteria for the revocation of designation under paragraph (3), shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Newly Inserted by Presidential Decree No. 24139, Oct. 15, 2012]
 Article 51 (Training of Experts, etc.)
(1) The Minister of Justice shall establish and operate an expert training program, such as experts in multicultural society, in order to train experts necessary for implementing social integration programs pursuant to Article 39 (3) of the Act.
(2) If necessary for improving the qualities of experts, the Minister of Justice may provide refresher training.
(3) In order to efficiently train experts, the Minister of Justice may outsource the expert training program referred to in paragraph (1) or refresher training referred to in paragraph (2) to a university defined in subparagraphs 1 through 6 of Article 2 of the Higher Education Act or to an institution, corporation or organization which specializes in the field of social integration programs. <Amended by Presidential Decree No. 26311, Jun. 15, 2015>
(4) Except as otherwise provided for in paragraphs (1) through (3), matters necessary for the training of experts shall be prescribed by the Minister of Justice.
[This Article Newly Inserted by Presidential Decree No. 24139, Oct. 15, 2012]
 Article 52 Deleted. <by Presidential Decree No. 24551, May 31, 2013>
 Articles 53 through 56 Deleted. <by Presidential Decree No. 16120, Feb. 26, 1999>
CHAPTER V DEPORTATION, ETC.
SECTION 1 Investigations
 Article 57 (Reporting on Recognition)
When an immigration control official starts an investigation under Article 47 of the Act, he/she shall prepare and submit a report on the recognition of suspicion to the head of an office or the head of a branch office or the head of an immigration detention center (hereinafter referred to as "head of a detention center").
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 58 (Requests to Appear)
(1) When an immigration control official requests a suspect or witness to appear pursuant to Article 48 (1) or 49 (1) of the Act, he/she shall issue a request for appearance stating the purport of such request, the date and hour and place of appearance, and enter such issuance in the book of issuance of requests for appearance.
(2) An immigration control official may make a request for appearance under paragraph (1) verbally in an emergency.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 59 (Interrogatories)
(1) The following shall be entered in an interrogatory of suspect under Article 48 (3) of the Act:
1. The suspect’s nationality, name, gender, date of birth, address and occupation;
2. Matters concerning the suspect’s entry into or departure from, stay in the Republic of Korea;
3. Details of suspicion;
4. Other necessary matters, such as a criminal history.
(2) When an immigration control official has assigned a person to interpret or translate pursuant to Article 48 (6) or (7) of the Act, he/she may have the interpreter or translator affix his/her seal across the folds of the relevant interrogatory, and sign on or affix his/her signature and seal to the interrogatory.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 60 (Record of Statement of Witnesses)
(1) Article 59 (2) shall apply mutatis mutandis to the interpretation or translation of records of statement by witnesses under Article 49 of the Act.
(2) Where the content of a statement is complicate or a witness wishes to make a statement in writing, an immigration control official may allow the witness to make his/her statement in writing.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 61 (Inspections and Requests for Presentation of Documents, etc.)
Where a suspect denies his/her suspicion or an immigration control official deems that documents alone submitted by the suspect are not enough to prove his/her suspicion when investigating the suspect pursuant to Article 47 of the Act, the immigration control official may inspect residence or articles of a third person related to the suspect or request the third person to present documents or articles. In such cases, the immigration control official shall obtain prior consent from the third person.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 62 (Record of Presented Articles, etc.)
(1) Upon receipt of documents or articles presented pursuant to Article 50 of the Act and Article 61 of this Decree, an immigration control official shall prepare a record of presented articles, stating the particulars of submission, etc., and a list of presented articles, stating the features and quantity of presented articles.
(2) Entry of items concerning presented articles in an interrogatory under Article 59 (1) or a record of statement under Article 60 may substitute for the preparation of a record of presented articles and a list of presented articles under paragraph (1).
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
SECTION 2 Detention
 Article 63 (Detention Orders)
(1) When an immigration control official applies for a detention order pursuant to Article 51 (2) of the Act, he/she shall file an application for a detention order that shall contain the grounds for detention and be accompanied by investigation records, etc. with the head of an office, the head of a branch office or the head of a detention center.
(2) When the head of an office, the head of a branch office or the head of a detention center decides to issue a detention order in response to an application under paragraph (1), an immigration control official shall be issued a detention order stating the grounds for detention, a place and period of detention, etc. by the head of the office, the head of the branch office or the head of the detention center and produce it to a suspect.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 64 (Requests, etc. for Detention)
(1) Where an immigration control official intends to detain an alien issued a detention order pursuant to Article 51 (1) of the Act or a deportation order pursuant to Article 63 (1) of the Act in an immigration detention unit, immigration detention center, or other place prescribed by the Minister of Justice (hereinafter referred to as "detention facility"), he/she shall be issued a request for detention, stating the grounds and basis for making such request by the head of an office, the head of a branch office or the head of a detention center to which he/she belongs, and send such request for detention to the head of the detention facility who is requested to detain the alien.
(2) Where a reason corresponding to any of the following occurs to an alien whose detention has been requested pursuant to paragraph (1), an immigration control official may change his/her place of detention to another detention facility:
1. Investigations of the alien under the Act;
2. Enforcement of departure from the Republic of Korea;
3. Maintenance of safety and order in the detention facility;
4. Necessary treatment for the alien, such as the provision of medical services.
(3) Where an immigration control official intends to change a place of detention pursuant to paragraph (2), he/she shall be issued a request for change of a place of detention, stating grounds therefor change, etc. by the head of an office, the head of a branch office or the head of a detention center to which he/she belongs, and send such request to the head of the detention facility who detains an alien and the head of another detention facility to which the alien is transferred, respectively.
(4) When an immigration control official prepares an emergency detention note pursuant to Article 51 (4) of the Act, he/she shall enter grounds for emergency detention, a place and time of emergency detention, etc. in the emergency detention note.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 65 (Extension of Period of Detention)
(1) Where an immigration control official intends to extend a period of detention pursuant to the proviso to Article 52 (1) of the Act, he/she shall obtain a permit to extend the period of detention, stating the extended period, grounds for an extension, applicable legal provisions, etc. from the head of an office, the head of a branch office or the head of a detention center.
(2) Where a suspect in respect to whom a permit to extend the period of detention has been issued under paragraph (1) is detained in a detention facility, an immigration control official shall obtain a copy of the permit to extend the period of detention, stating the extended period, grounds for an extension, etc. from the head of an office, the head of a branch office or the head of a detention center, and send such copy to the head of the detention facility who detains the alien.
(3) Where the head of an office, the head of a branch office or the head of a detention center does not permit an extension of the period of detention under paragraph (1), an immigration control official shall without delay release a suspect from detention. In such cases, where the suspect is detained in a detention center, the immigration control official shall be issued a request for release from detention, stating grounds for release from detention, etc. by the head of an office, the head of a branch office or the head of a detention center, and send such request to the head of the detention facility who detains the alien.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 66 (Release from Detention during Period of Detention)
Where an immigration control official deems it unnecessary to detain a suspect even before the termination of the period of detention, he/she may release the suspect from detention with permission from the head of an office, the head of a branch office or the head of a detention center. In such cases, where the suspect is detained in a detention facility, the latter part of Article 65 (3) shall apply mutatis mutandis to release from detention.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 67 (Obligation of Heads of Detention Facilities)
When the head of a detention facility is requested to detain an alien or release the alien from detention by the head of an office, the head of a branch office or the head of a detention center, he/she shall without delay detain the alien or release him/her from detention.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 68 (Notification of Detention)
Notice of detention under Article 54 of the Act shall be made by giving written notice of detention, stating the grounds for, and the date, time and place of detention, and the purport that an objection may be filed.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 69 (Objections to Detention)
(1) A person who intends to file an objection pursuant to Article 55 (1) of the Act shall submit an objection accompanied by data explaining the grounds for the objection, to the head of an office, the head of a branch office or the head of a detention center.
(2) Upon receipt of an objection submitted under paragraph (1), the head of an office, the head of a branch office or the head of a detention center shall without delay send the objection to the Minister of Justice, along with his/her opinion.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 70 (Decisions on Objections)
(1) When the Minister of Justice has made a decision on an objection filed under Article 55 (2) of the Act, he/she shall prepare and send a written decision on the objection stating the adjudication, grounds, applicable legal provisions to a person who filed the objection via the head of an office, the head of a branch office or the head of a detention center.
(2) In cases falling under paragraph (1), where the Minister of Justice decides to release a detainee from detention, the head of an office, the head of a branch office or the head of a detention center shall without delay release the detainee from detention. In such cases, if a suspect is detained in a detention facility, the head of an office, the head of a branch office or the head of a detention center shall send a request for release from detention to the head of the detention facility.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 71 (Temporary Detention of Aliens)
(1) When an immigration control official temporarily detains an alien pursuant to Article 56 (1) of the Act, he/she shall be issued a temporary detention order by the head of an office or the head of a branch office, and produce such order to the alien.
(2) Grounds for temporary detention and a place and time of detention, etc. shall be stated in a temporary detention order issued under paragraph (1).
(3) Where an immigration control official extends the period of temporary detention pursuant to Article 56 (2) of the Act, he/she shall obtain a permit for an extension of the period of temporary detention, stating the extended period, grounds for extension, applicable legal provisions, etc. from the head of an office or branch office, and produce such permit to the alien.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
SECTION 3 Examinations and Filing Objections
 Article 72 (Examinations and Decisions)
When the head of an office, the head of a branch office or the head of a detention center has examined and made a decision pursuant to Article 58 of the Act, he/she shall prepare a written examination and decision, stating the adjudication, grounds for such decision, applicable legal provisions, etc.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 73 (Procedures after Examinations)
Where the head of an office, the head of a branch office or the head of a detention center decides to releases detention pursuant to Article 59 (1) of the Act, he/she shall send a request for release from detention, stating the grounds therefor, etc. to the head of a detention facility if a suspect is detained in the detention facility.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 74 (Deportation Orders)
When the head of an office, the head of a branch office or the head of a detention center decides to issue a deportation order pursuant to Article 59 (2) of the Act, he/she shall issue a written order of deportation containing the intent of, and grounds for such order, and the purport that a suspect may file an objection, and deliver its duplicate to the suspect.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 75 (Filing Objections and Decisions)
(1) The head of an office, the head of a branch office or the head of a detention center in receipt of a written objection filed under Article 60 (1) of the Act shall immediately send the written objection to the Minister of Justice, along with his/her opinion.
(2) When the Minister of Justice makes a decision under Article 60 (3) of the Act, he/she shall prepare a written decision on an objection, stating the adjudication, grounds, applicable legal provisions, etc., and issue such written decision to a suspect via the head of an office, the head of a branch office or the head of a detention center: Provided, That he/she may issue the written decision after notifying the suspect of the decision verbally in an emergency.
(3) When a suspect is detained in a detention facility where the head of an office, the head of a branch office, or the head of a detention center decides to release the suspect from detention pursuant to Article 60 (4) of the Act, he/she shall send a written request for release from detention stating the grounds therefor, etc. to the head of the detention facility.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 76 (Special Cases on Permission to Stay)
(1) Exceptional circumstances in which a suspect needs to stay in the Republic of Korea under Article 61 (1) of the Act mean any of the following cases:
1. Where the suspect holds the status of stay for 28-3. Permanent Resident (F-5) in attached Table 1;
2. Where the suspect has been awarded a decoration by or has won official commendation from the Government of the Republic of Korea, or has made a special contribution to the Republic of Korea;
3. Where the suspect is deemed to be in exceptional circumstances to stay in the Republic of Korea in view of the national interest and humanitarianism.
(2) When the Minister of Justice has granted permission to stay pursuant to Article 61 (1) of the Act, he/she shall issue a permit for special stay specifying the status of stay, a period of stay and other necessary matters to be observed, and deliver it to a suspect via the head of an office, the head of a branch office or the head of a detention center.
(3) When the Minister of Justice has granted permission under paragraph (2), he/she shall enter the purport of the permission to stay in a written decision under Article 75 (2).
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
SECTION 4 Execution of Deportation Orders
 Article 77 (Execution of Written Orders of Deportation)
(1) An immigration control official shall confirm whether money or articles kept by him/her have been returned to the relevant alien in executing a written order of deportation pursuant to Article 62 (1) of the Act.
(2) When the head of an office, the head of a branch office or the head of a detention center requests a judicial police officer to execute a written order of deportation pursuant to Article 62 (2) of the Act, he/she shall issue a request for execution and deliver it along with the written order of deportation: Provided, That he/she may deliver a written order of deportation only and request the execution thereof verbally in an emergency.
(3) When an immigration control official or a judicial police officer has completed repatriation based upon a written order of deportation under Article 62 of the Act, or has failed to execute such order because it is impossible to execute the order, he/she shall enter grounds for fulfillment or non-fulfillment in the written order of deportation, and without delay submit it to the head of an office, the head of a branch office or the head of a detention center.
(4) When an immigration control official transfers an person subject to a deportation order to the captain of a ship, etc. or the forwarding agent pursuant to the proviso to Article 62 (3) of the Act, he/she shall issue a repatriation order stating personal matters, grounds for deportation, and that he/she is obligated to repatriate the person pursuant to Article 76 of the Act, and receive a receipt stating the purport that the captain of a ship, etc. or the forwarding agent shall fulfill such obligation and has taken over such person subject to the deportation order.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 78 (Detention of Persons subject to Deportation Orders, or Release from Detention)
(1) Where the head of an office, the head of a branch office or the head of a detention center intends to detain a person subject to a deportation order until he/she can repatriate the person pursuant to Article 63 (1) of the Act, he/she shall issue a detention order for deportation, and produce it to the person subject to a deportation order.
(2) Where the head of an office, the head of a branch office or the head of a detention center intends to obtain approval from the Minister of Justice pursuant to Article 63 (2) of the Act, he/she shall explain the necessity of extending the period of detention.
(3) Where the head of an office, the head of a branch office or the head of a detention center releases a person subject to a deportation order from detention pursuant to Article 63 (3) or (4) of the Act, he/she shall issue a notice of release from detention, stating grounds therefor, restrictions on residence, and other necessary conditions, to the person subject to a deportation order. In such cases, where a person subject to a deportation order is detained in a detention facility, the head of an office, the head of a branch office or the head of a detention center shall send a request for release from detention, stating grounds therefor, etc. to the head of the detention facility.
(4) The head of an office, the head of a branch office or the head of a detention center shall ascertain the movements of a person released from detention under paragraph (3), such as whether he/she follows restrictions on residence and other conditions.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
SECTION 5 Temporary Release from Detention
 Article 79 (Temporary Release from Detention)
(1) A person who intends to request temporary release from detention pursuant to Article 65 (1) of the Act shall submit a request for temporary release from detention that shall be accompanied by data explaining grounds for such request and his/her ability to deposit a bond, to the head of an office, the head of a branch office or the head of a detention center.
(2) Upon receipt of a request submitted under paragraph (1), the head of an office, the head of a branch office or the head of a detention center shall without delay examine related documents and issue a written decision on the request for release from detention, stating the adjudication of, grounds for and the applicable legal provisions of the Act to a requester, except in extenuating circumstances. <Amended by Presidential Decree No. 23506, Jan. 13, 2012>
(3) In cases falling under paragraph (2), where the head of an office, the head of a branch office or the head of a detention center has decided on temporary release from detention, he/she shall state a period of temporary release from detention, the amount of, and deadline for payment of a bond, the place of payment, restrictions on residence, other necessary conditions and the purport that a suspect will be temporarily released from detention upon depositing the bond, and if he/she violates any of the conditions, temporary release from detention may be revoked and the bonds may be transferred to the fund of the National Treasury, in such written decision.
(4) When a suspect is detained in a detention facility where the head of an office, the head of a branch office or the head of a detention center decides to temporarily release the suspect from detention, he/she shall send a request for temporary release from detention, stating a period of temporary release from detention to the head of the detention facility.
(5) Article 17 (2) shall apply mutatis mutandis to procedures for the deposit of bonds under Article 65 (2) of the Act.
(6) A bond deposited pursuant to paragraph (5) shall be returned to a person who has deposited the bond when the relevant alien leaves the Republic of Korea or temporary release from detention is revoked, except where it is transferred to the fund of the National Treasury pursuant to Article 66 (2) of the Act.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 79-2 (Criteria for Examination of Temporary Release from Detention)
(1) Upon receipt of a request for temporary release from detention pursuant to Article 65 (1) of the Act, the head of an office, the head of a branch office or the head of a detention center shall examine the following matters:
1. Whether a grave threat to life or health, or irretrievable property loss of a person detained in a detention facility (hereinafter referred to as "immigration detainee") is likely to occur by execution of a detention order or a deportation order;
2. Whether an immigration detainee is likely to harm the national interest, such as national security, social order and public health;
3. Violation of the law, age, character and living attitude of an immigration detainee in the process of investigations and in a detention facility;
4. Whether an immigration detainee is likely to flee;
5. Whether there are other important humanitarian reasons.
(2) Matters necessary for detailed criteria and methods for temporary release from detention under paragraph (1) shall be prescribed by the Minister of Justice.
[This Article Newly Inserted by Presidential Decree No. 23506, Jan. 13, 2012]
 Article 80 (Revocation of Temporary Release from Detention)
(1) Where the head of an office, the head of a branch office or the head of a detention center issues a written revocation of release from detention pursuant to Article 66 (2) of the Act, he/she shall deliver such written revocation, stating grounds for revocation, the place of detention, etc. to a requester for temporary release from detention and without delay re-detain the suspect.
(2) Article 17 (4) and (5) shall apply mutatis mutandis to procedures for transferring a bond to the fund of the National Treasury under Article 66 (2) of the Act.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
SECTION 6 Recommendations, etc. for Departure
 Article 81 (Recommendations for Departure from the Republic of Korea)
A minor offense referred to in Article 67 (1) 1 of the Act means a violation of Article 17 or 20 of the Act first committed by an alien for a period of not exceeding ten days.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
CHAPTER VI SEARCH OF SHIPS, ETC.
 Article 82 (Searches and Examinations of Ships, etc.)
(1) An immigration control official shall check the following when conducting a search and an examination on board a ship, etc. under Articles 69 and 70 of the Act:
1. Whether the passports or seafarers’ identity documents are valid;
2. Whether crew members or passengers are on board the ship following proper procedures;
3. Whether crew members or passengers on board the ship coincide with those on the list of crew members and passengers submitted pursuant to Article 75 (1) of the Act;
4. Whether any of crew members or passengers is prohibited from entry into or departure from the Republic of Korea;
5. Whether any of crew members or passengers has disembarked before searching the ship that entered a port;
6. Whether any of crew members or passengers has not returned to the ship that is to leave a port by the time of search;
7. Whether any person, other than crew members or passengers, has trespassed the ship, etc. without obtaining permission for embarkation;
8. Whether any person who intends to enter or leave the Republic of Korea without following proper procedures is hiding in the ship, etc.
(2) Where departure of a ship, etc. from a port is likely to be delayed due to an immigration control official's search on board the ship, etc. under paragraph (1), or where it is deemed necessary, the head of an office or the head of a branch office may allow the immigration control official to examine the eligibility of crew members and passengers beforehand by requiring them to submit necessary documents, such as passports and seafarers’ identity documents before the ship, etc. leaves a port.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 82-2 (Scope of Ships, etc. subject to Searches and Examinations)
The scope of ships, etc. to be searched and examined by immigration control officials pursuant to Article 69 of the Act is as follows:
1. Ships, etc. of the Republic of Korea or foreign countries that ply between domestic ports and foreign ports;
2. Ships of the Republic of Korea or foreign countries that ply between domestic ports and pelagic areas (excluding fishing ships which no alien crew members are on board);
3. Ships, etc. falling under subparagraph 1 or 2, which ply between domestic ports after calling at a domestic port.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 83 (Searches and Entry or Departure Inspections at Places Other than Ports of Entry and Departure)
(1) When the captain of a ship, etc. or the forwarding agent has given a notice of scheduled entry and departure to the head of an office or branch office pursuant to Article 69 (2) of the Act, he/she shall be deemed to have applied for any of the following permission:
1. Permission under the proviso to Articles 3 (1) and the proviso to Article 6 (1) of the Act;
(2) When the competent authorities of a ship, etc. have permitted the relevant ship, etc. to enter or leave a port, the head of an office or the head of a branch office shall conduct a search under Article 69 (2) of the Act in the absence of exceptional circumstances.
(3) When an immigration control official has initiated a search and an examination under Article 69 of the Act, the head of an office or the head of a branch office shall be deemed to have approved an application for permission referred to in each subparagraph of paragraph (1): Provided, That when there exist exceptional circumstances under which the head of an office or the head of a branch office cannot grant permission referred to in each subparagraph of paragraph (1), an immigration control official shall without delay notify the captain of a ship, etc. or a forwarding agent thereof.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 84 (Permission to Embark)
(1) A person who intends to obtain permission to embark pursuant to Article 72 (1) of the Act shall file an application for embarkation that shall be accompanied by data explaining the reason for embarkation with the head of an office or the head of a branch office: Provided, That the captain of a ship, etc. or a forwarding agent may submit such application on his/her behalf in extenuating circumstances.
(2) When a person intends to obtain permission to embark on a ship, etc. under Article 72 (1) of the Act to enter the ship, etc. for repair, cleaning of or work in such ship, etc., or for other necessary purposes while the ship, etc. is plying the ports of entry and departure or between places other than ports of entry and departure in the Republic of Korea, the captain of the ship, etc. or the forwarding agent shall file an application for embarkation that shall be accompanied by data explaining the reason for embarkation with the head of an office or the head of a branch office.
(3) A place of entry and departure inspections under Article 72 (2) of the Act means a place established in a port of entry and departure for entry and departure inspections.
(4) The head of an office or branch office having jurisdiction over the port of entry and departure may take measures necessary for preventing illegal entry into and departure from the Republic of Korea at any place of entry and departure inspections referred to in paragraph (3).
(5) A person who intends to obtain permission to enter a place of entry and departure inspections pursuant to Article 72 (2) of the Act shall file an application therefor that shall be accompanied by data explaining the reason therefor with the head of an office or the head of a branch office.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
CHAPTER VII RESPONSIBILITIES OF CAPTAINS OF SHIPS, ETC. AND FORWARDING AGENTS
 Article 85 (Timing, etc. for Perusal or Submission of Passenger Reservation Information)
(1) Where necessary to conduct investigations, an immigration control official may keep data referred to in Article 73-2 (2) and (3) of the Act either by noting down such data in an inspection report, etc. or attaching outputs from automated systems.
(2) The head of an office or the head of a branch office shall assign personal identification numbers to immigration control officials designated pursuant to Article 73-2 (4) of the Act.
(3) The timing a forwarding agent allows an immigration control official to peruse data on passenger reservation information or submits such information to the immigration control official pursuant to Article 73-2 (7) of the Act is as follows: <Amended by Presidential Decree No. 27520, Sep. 29, 2016>
1. Where the forwarding agent allows the immigration control official to peruse passenger reservation information for investigations referred to in the subparagraphs of Article 73-2 (1) of the Act: Immediately after requested by the immigration control official;
2. Where the forwarding agent submits passenger reservation information referred to in subparagraph 1 in electronic documents: Within 30 minutes after requested by the immigration control official;
3. Where the forwarding agent submits data on passengers requested by the immigration control official pursuant to Article 73-2 (3) in electronic documents: By 30 minutes prior to the departure of the relevant ship, etc.: Provided, That such data shall be submitted before the departure of the relevant ship, if a change occurs in connection with any data specified in the subparagraphs of Article 73-2 (3) of the Act after electronic documents are submitted.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 86 (Notice of Scheduled Arrival or Departure)
The captain of a ship, etc. or a forwarding agent shall give notice of scheduled arrival or departure under Article 74 of the Act by at least 24 hours prior to the arrival or departure of the ship, etc.: Provided, That this shall not apply to the arrival or departure of a ship, etc. operating on a regular basis or in exceptional circumstances.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 87 (Obligation to Report)
(1) The captain of every ship, etc. or every forwarding agent shall submit an entry or departure report under Article 75 (1) of the Act when undergoing a search under Article 69 of the Act: Provided, That when he/she undergoes an examination of documents pursuant to Article 69 (6) of the Act, he/she shall submit such report at the time of the examination.
(2) Of an entry or departure report referred to in Article 75 (1) of the Act, the following matters on individual crew members and passengers shall be mentioned in a list of crew members and a list of passengers to be submitted by the captain of a ship, etc. entering or departing from the port of entry and departure or a forwarding agent conducting a business related to a ship, etc.: <Amended by Presidential Decree No. 23818, May 25, 2012>
1. Nationality;
2. Name entered in the passport;
3. Date of birth;
4. Gender;
5. Kind and number of a travel document;
6. Whether he/she is a transfer passenger (only applicable to passengers);
7. Data on the face of a passenger (only applicable where the captain of a ship or the forwarding agent intends to apply for landing permission for tourism pursuant to Article 14-2 of the Act).
(3) Of an entry or departure report referred to in Article 75 (1) of the Act, the following matters shall be mentioned in the information about a ship, etc. to be submitted by the captain of the ship, etc. entering or departing from the port of entry and departure or a forwarding agent conducting a business related to a ship, etc.: <Amended by Presidential Decree No. 23818, May 25, 2012>
1. Type of the ship, etc.;
2. Registered number and its name;
3. Registered country;
4. Place and time of departure;
5. Place and time of stop;
6. Place and time of arrival;
7. Number of crew members, passengers and transfer passengers.
(4) Where any matters need to be supplemented, such as persons omitted from a list of crew members or a list of passengers in an entry or departure report submitted in the standardized electronic document pursuant to Article 75 (1) and (2) of the Act, the head of an office or the head of a branch office may without delay request the captain of a ship, etc. or a forwarding agent to submit the supplemented entry or departure report. <Amended by Presidential Decree No. 23818, May 25, 2012>
(5) The timing for submission of an entry or departure report under Article 75 (1) of the Act is as follows: <Amended by Presidential Decree No. 23818, May 25, 2012; Presidential Decree No. 24139, Oct. 15, 2012>
1. In cases of entry into a port: By no later than two hours before entry into a port of the Republic of Korea (referring to no later than 24 hours before entry into a port of the Republic of Korea where the captain of a ship or the forwarding agent intends to apply for landing permission for tourism pursuant to Article 14-2 of the Act): Provided, That where it takes less than two hours (referring to 24 hours where the captain of a ship or the forwarding agent intends to apply for landing permission for tourism) for a ship, etc. to enter a port of the Republic of Korea after departing from a port of a foreign country, an entry report may be filed within 20 minutes after departure from the port of a foreign country;
2. In cases of departure from a port: Immediately after the completion of preparation for departure.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 88 (Obligation to Repatriate)
(1) When the head of an office or the head of a branch office requests the captain of a ship, etc. or a forwarding agent to repatriate a person falling under any subparagraph of Article 76 of the Act, he/she shall issue a repatriation order: Provided, That he/she may make such request verbally in an emergency, and he/she shall without delay issue a repatriation order thereafter in such cases.
(2) Upon completing the repatriation of an alien under paragraph (1), the captain of a ship, etc. or a forwarding agent shall report the result thereof to the head of an office or the head of a branch office in writing.
(3) The captain of a ship, etc. or a forwarding agent shall bear expenses, etc. incurred in transporting, boarding and lodging an alien and physically restrain the alien until he/she repatriates such alien he/she is requested to repatriate pursuant to paragraph (1).
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
CHAPTER VII-2 ISSUANCE OF REFUGEE TRAVEL DOCUMENTS, ETC.
 Articles 88-2 through 88-4 Deleted. <by Presidential Decree No. 24628, Jun. 21, 2013>
 Article 88-5 (Issuance of Refugee Travel Documents)
(1) An alien who intends to apply for a refugee travel document pursuant to Article 76-5 (1) of the Act shall file an application for a refugee travel document with the Minister of Justice, along with a certificate of refugee status recognition, an alien registration certificate (only applicable where he/she has filed for alien registration), and two copies of his/her photograph. <Amended by Presidential Decree No. 27520, Sep. 29, 2016>
(2) When the Minister of Justice issues a refugee travel document in response to an application under paragraph (1), he/she shall record such fact in the register of issuance of refugee travel documents and deliver the refugee travel document to the relevant applicant. <Amended by Presidential Decree No. 27520, Sep. 29, 2016>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 88-6 (Reissuance of Refugee Travel Documents)
(1) Where a person issued with a refugee travel document falls under any of the following, the Minister of Justice may reissue a refugee travel document to him/her:
1. Where his/her refugee travel document is lost or missing;
2. Where his/her refugee travel document is damaged and becomes unusable;
3. Where the Minister of Justice deems it necessary to reissue a refugee travel document for other reasons.
(2) A person who wishes to have a refugee travel document reissued pursuant to paragraph (1) shall file an application for reissuance of the refugee travel document with the Minister of Justice, along with documents demonstrating the reasons therefor and two copies of his/her photograph, within 14 days from the date such reasons have occurred: Provided, That a person who wishes to have a refugee travel document reissued in any area outside of the Republic of Korea shall file the application with the Minister of Justice via the head of an overseas diplomatic mission. <Amended by Presidential Decree No. 27520, Sep. 29, 2016>
(3) Where a refugee applies for reissuance of a refugee travel document due to the reason referred to in paragraph (1) 2 or 3, his/her application shall be accompanied by the original refugee travel document.
(4) Article 88-5 (2) shall apply mutatis mutandis to the procedures, etc. for reissuing and delivering refugee travel documents: Provided, That if an applicant is in any area outside of the Republic of Korea, a refugee travel document shall be delivered to the applicant via the head of an overseas diplomatic mission. <Amended by Presidential Decree No. 27520, Sep. 29, 2016>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 88-7 (Extension of Period of Validity of Refugee Travel Documents)
(1) The Minister of Justice shall delegate his/her authority to grant extensions of the period of validity of refugee travel documents to the heads of overseas diplomatic missions pursuant to Article 76-5 (6) of the Act.
(2) An alien who intends to apply for an extension of the period of validity of his/her refugee travel document pursuant to Article 76-5 (5) of the Act shall file an application for an extension of the period of validity of a refugee travel document that shall be accompanied by documents explaining the reason therefor, with the head of an overseas diplomatic mission.
(3) When the head of an overseas diplomatic mission grants an extension of the period of validity to an alien who has applied for an extension of the period of validity pursuant to paragraph (2), he/she shall enter the extended period of validity in the alien’s refugee travel document.
(4) When the head of an overseas diplomatic mission has granted an extension of the period of validity of a refugee travel document pursuant to paragraph (3), he/she shall report the fact to the Minister of Justice without delay.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 88-8 (Surrender of Refugee Travel Documents)
When the Minister of Justice intends to order an alien to surrender his/her refugee travel document pursuant to Article 76-6 (2) of the Act, he/she shall issue a written order to surrender the refugee travel document to the alien via the head of an office or the head of a branch office.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 88-9 (Treatment of Refugees, etc.)
(1) When the Minister of Justice decides to grant an alien permission to stay in the Republic of Korea for humanitarian reasons defined in subparagraph 3 of Article 2 of the Refugee Act, he/she shall determine necessary matters, including the status and period of stay and give notice of such matters to the head of an office or the head of a branch office.
(2) Upon receipt of the notice under paragraph (1), the head of an office or the head of a branch office shall affix a seal bearing the status of stay, a seal bearing permission to change the status of stay, or a seal bearing permission to extend the period of stay on the passport of an alien granted permission to stay under subparagraph 3 of Article 2 of the Refugee Act, either mention the status and period of stay, etc. in the passport, or affix a sticker bearing the status of stay, permission to change status of stay, or an extension of the period of stay period on the passport: Provided, That mentioning such facts in the alien registration certificate of a person who has completed alien registration shall substitute for affixing aforesaid seals or sticker.
[This Article Wholly Amended by Presidential Decree No. 24628, Jun. 21, 2013]
 Article 88-10 (Performance of Entrusted Administrative Affairs, such as Issuance of Refugee Travel Documents)
(1) Pursuant to Article 76-8 of the Act, the Minister of Justice shall entrust the performance of the following administrative work to the head of an office or the head of a branch office having jurisdiction over a place of stay:
1. Receipt of applications for issuance or reissuance of a refugee travel document under Articles 88-5 (1) and 88-6 (2);
2. Examination of applicants, including verifying identity of applicants;
3. Production of refugee travel documents;
4. Issuance, reissuance, and delivery of refugee travel documents under Articles 88-5 (2) and 88-6 (4);
5. Collection of fees under Article 87 of the Act;
6. Other administrative affairs that the Minister of Justice deems necessary to entrust in connection with the issuance and reissuance of refugee travel documents.
(2) The head of an office or the head of a branch office having jurisdiction over a place of stay shall report the current status of administrative affairs entrusted under paragraph (1) to the Minister of Justice.
(3) If the head of an office or the head of a branch office having jurisdiction over a place of stay rejects an application for issuing or reissuing a refugee travel document filed by an alien who falls under the proviso to Article 76-5 (1) of the Act, he/she shall report the fact to the Minister of Justice.
[This Article Wholly Amended by Presidential Decree No. 27520, Sep. 29, 2016]
CHAPTER VIII SUPPLEMENTARY PROVISIONS
 Article 89 (Persons Obligated to File Applications, etc. for Permission)
(1) "Other persons prescribed by Presidential Decree" in Article 79 of the Act mean any of the following persons:
1. A de facto supporter;
2. A sibling;
3. A referee;
4. Other cohabitant.
(2) Where the father or mother is unable to file an application for permission under Article 79 of the Act, persons in the order referred to in paragraph (1) are obligated to file an application for permission, etc.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 90 (Fact-Finding Investigations)
When an authorized public official discovers that the content of a report or registration is different from the fact as a result of the fact-finding investigation conducted under Article 80 (1) of the Act, he/she shall without delay notify such fact to the head of an office or the head of a branch office.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 91 (Investigation of Movements of Aliens)
(1) When an immigration control official has investigated the movements of aliens, etc. pursuant to Article 81 (1) and (2) of the Act, he/she shall keep the record thereof.
(2) An immigration control official shall keep checking whether a person in receipt of an order to suspend activities under Article 22 or notice of restrictions on the scope of activities, etc. under Article 27 complies with such order or restrictions, and keep the record thereof.
(3) Matters necessary for reporting and keeping the record of investigations on the movements of aliens shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 91-2 (Public Officials Belonging to Related Agencies)
(1) "Public officials belonging to related agencies prescribed by Presidential Decree" in Article 81 (1) of the Act mean any of the following: <Amended by Presidential Decree No. 24139, Oct. 15, 2012; Presidential Decree No. 28211, Jul. 26, 2017>
1. A public official designated by the Minister of Employment and Labor from among the public officials belonging to the Ministry of Employment and Labor;
2. A public official designated by the Minister of SMEs and Startups from among public officials of the Ministry of SMEs and Startups;
3. A police official designated by the Commissioner General of the Korean National Police Agency from among police officials;
4. Other public officials belonging to the related central administrative agencies who are deemed necessary by the Minister of Justice for the protection and management of technical trainees.
(2) Upon having investigated the movements of aliens pursuant to Article 81 (1) of the Act, public officials referred to in paragraph (1) shall notify the head of an office or the head of a branch office of the findings of the investigation.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 92 (Uniforms and Identification Cards of Immigration Control Officials)
(1) An immigration control official shall wear a uniform when performing duties relating to immigration control: Provided, That this shall not apply when he/she has obtained permission from the Minister of Justice or in exceptional circumstances.
(2) When an immigration control official performs the duties of judicial police officers pursuant to Article 3 (5) of the Act on the Persons Performing the Duties of Judicial Police Officers and the Scope of Their Duties, he/she shall carry an identity card of judicial police officer.
(3) Matters necessary in relation to uniforms under paragraph (1) shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 92-2 (Exemption from Obligation to Notify)
"Circumstances prescribed by Presidential Decree" in the proviso to Article 84 (1) of the Act mean any of the following: <Amended by Presidential Decree No. 24340, Jan. 28, 2013>
1. Where a public official of the State or a local government becomes aware of personal information of an alien student in relation to his/her school life from a school defined in Article 2 of the Elementary and Secondary Education Act;
2. Where a public official in charge becomes aware of personal information of a patient in relation to health care activity in a public health and medical institution defined in subparagraph 3 of Article 2 of the Public Health and Medical Services Act;
3. Where the Minister of Justice deems that the relief of the relevant alien suffering from damage is necessary on a preferential basis while a public official conducts affairs prescribed by the Minister of Justice, such as rescue of victims of crimes and remedies for human rights violations.
[This Article Newly Inserted by Presidential Decree No. 24139, Oct. 15, 2012]
 Article 93 (Relationship to Criminal Procedure)
(1) When the head of an office, the head of a branch office, or the head of a detention center issues a written order of deportation or departure to a person on whom a prosecutor has requested a court to issue a summary order, if the director of the competent district prosecutors’ office gives an opinion that his/her departure from the Republic of Korea does not impede a trial, and the person has paid the amount equivalent to a fine, he/she may execute the written order of deportation prior to a summary order issued by a district court, and allow a person subject to the written order of departure to leave the Republic of Korea.
(2) When the head of an office, the head of a branch office, or the head of a detention center issues a written order of deportation or departure to a person who fails to pay a fine or punitive collection charge in full, if the director of the competent district prosecutors’ office gives an opinion that he/she has no ability to pay such fine or punitive collection charge, he/she may execute the written order of deportation even if the person fails to pay the fine or punitive collection charge in full, and allow a person subject to the written order of departure to leave the Republic of Korea.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 94 (Revocation and Change of Various Permission, etc.)
(1) When the Minister of Justice has revoked or changed permission to extend the period of stay of an alien or other permission pursuant to Article 89 (1) of the Act, he/she shall notify the alien of the revocation or change thereof, and enter the purport thereof in the alien’s passport.
(2) When a permit held by an alien, such as a visa issuance certificate under Article 9 of the Act, a conditional entry permit under Article 13 of the Act, a crewman’s landing permit under Article 14 of the Act, a landing permit for tourism under Article 14-2 of the Act or a permit to engage in activities not covered by his/her original status of stay issued pursuant to Article 20 of the Act, is revoked pursuant to paragraph (1), an immigration control official shall withdraw the permit. <Amended by Presidential Decree No. 24139, Oct. 15, 2012>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 94-2 (Procedures for Stating Opinions)
(1) The Minister of Justice shall give a written notice under Article 89 (3) of the Act: Provided, That this shall not apply where he/she cannot give such notice because the whereabouts of an alien or applicant is unknown.
(2) An alien or applicant in receipt of a notice under paragraph (1) may appear at a given time and place and state his/her opinion, or submit a statement of opinion (including an electronic document) to the Minister of Justice. In such cases, if he/she fails to state his/her opinion or to submit a statement of his/her opinion (including an electronic document) by the given date, he/she shall be deemed to have no opinion.
(3) When an alien or applicant appears and states his/her opinion pursuant to paragraph (2), a related public official shall prepare a written summary thereof (including an electronic document), and require the alien or applicant who has made the statement to verify it and sign and seal (including an electronic signature) on it.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 94-3 (Electronic Window for Civil Petitions)
(1) The Minister of Justice may install and operate an electric window for civil petitions under Article 9 (2) of the Electronic Government Act.
(2) The installation and operation of the electronic window for civil petitions, procedures for the processing of civil petitions and other necessary matters shall be separately prescribed and publicly notified by the Minister of Justice.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 95 (References)
(1) Article 17 (2) shall apply mutatis mutandis to procedures for the deposit of bonds under Article 90 (4) of the Act.
(2) If a referee referred to in Article 90 (1) of the Act fails to fulfill his/her obligation to guarantee an alien, a bond deposited under paragraph (4) of the same Article shall be used for expenses incurred in relation to the guaranteed alien’s stay and detention in and departure from the Republic of Korea pursuant to paragraph (2) of the same Article.
(3) A bond deposited under Article 90 (4) of the Act shall be returned to the referee if he/she fulfills his/her obligation to guarantee or if the purpose of guarantee is deemed achieved.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 95-2 (Procedures for Exercise of Right to Indemnity)
(1) Where the Minister of Justice intends to exercise the right to indemnity pursuant to Article 90 (3) or 90-2 (2) of the Act, he/she shall notify a referee or illegal employer of his/her claim for indemnity in writing, specifying the basis for the calculation of the amount claimed for indemnity.
(2) A referee or illegal employer in receipt of a notice for payment of the amount claimed for indemnity under paragraph (1) shall pay the amount claimed for indemnity within 15 days of receipt of the notice.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 96 (Delegation of Authority)
(1) Pursuant to Article 92 (1) of the Act, the Minister of Justice shall delegate his/her authority provided for in Articles 7 (1), 9, 11, 20, 21, 23 through 25, 25-2, 25-3, 30 (1), 78 (2), 89, 90, and 90-2 of the Act to the head of an office, the head of a branch office, or the head of a detention center, as prescribed by Ordinance of the Ministry of Justice. <Amended by Presidential Decree No. 24551, May 31, 2013; Presidential Decree No. 24628, Jun. 21, 2013; Presidential Decree No. 26311, Jun. 15, 2015; Presidential Decree No. 27303, Jul. 5, 2016; Presidential Decree No. 27520, Sep. 29, 2016>
(2) Pursuant to Article 92 (2) of the Act, the head of a Si (excluding the Special Metropolitan City Mayor and Metropolitan City Mayors) shall delegate his/her authority provided for in Article 34 (2) of the Act to the head of a Gu. (excluding the head of an autonomous Gu). <Amended by Presidential Decree No. 27520, Sep. 29, 2016>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 97 (Procedures for Immigration Inspections for Travel, etc. between South and North Korea)
(1) Article 1 shall apply mutatis mutandis to immigration inspections of nationals under Article 93 (1) of the Act. In such cases, an immigration control official shall verify matters referred to in Article 22 (1) 1, 4 and 5 of the Enforcement Decree of the Inter-Korean Exchange and Cooperation Act.
(2) Articles 15 and 35 shall apply mutatis mutandis to inspections of aliens under Article 93 (2) and (3) of the Act.
(3) When the Minister of Justice conducts an immigration inspection under paragraphs (1) and (2), if he/she deems that a national or an alien is likely to harm national security or public order of the Republic of Korea or to bring a serious impact to the relationship between South and North Korea, he/she shall consult with the heads of related agencies, such as the Minister of Unification.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 98 (Ports of Entry and Departure)
(1) Ports of entry and departure defined in subparagraph 6 of Article 2 of the Act shall be designated as follows: <Amended by Presidential Decree No. 24415, Mar. 23, 2013; Presidential Decree No. 26473, Aug. 3, 2015; Presidential Decree No. 27972, Mar. 29, 2017>
1. International airports designated by the Minister of Land, Infrastructure and Transport pursuant to subparagraph 3 of Article 2 of the Airport Facilities Act;
3. International trade ports defined under subparagraph 1 of Article 2 of the Act on the Arrival, Departure, etc. of Ships;
4. Osan Military Airfield, Daegu Military Airfield, Gwangju Military Airfield, Gunsan Military Airfield, and Seoul Airport.
(2) The City Air Terminal shall be deemed part of facilities of ports of entry and departure defined under subparagraph 7 of Article 2 of the Airport Facilities Act. <Amended by Presidential Decree No. 27972, Mar. 29, 2017>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 99 (Safekeeping of Temporary Payments, etc.)
Procedures for the safekeeping or returning of temporary payments, articles kept or submitted under the Act or this Decree shall be prescribed by Ordinance of the Ministry of Justice, unless otherwise provided for in the Act or this Decree.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 100 (Establishment of Due Forms)
Due forms of various applications, reports, etc. under the Act or this Decree shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 101 (Management of Sensitive Information and Personally Identifiable Information)
Where it is inevitable to conduct affairs concerning entry or departure inspections of nationals, entry or departure inspections of aliens and permission related to their landing or stay, the management of stay and various reporting, registration, investigation, detention or deportation of an alien, searching ships, etc., reporting by the captain of a ship, etc. or forwarding agent, recognition as a refugee, the issuance of certificates of fact, affairs relevant to travel between South and North Korea, and other equivalent affairs under the Act or this Decree, the Minister of Justice, the head of an office, the head of a branch office, the head of a detention center, the head of a Si/Gun/Gu, or the head of an Eup/Myeon/Dong (where the relevant authority has been delegated or entrusted, including a person to whom the authority has been delegated or entrusted) may manage information about ideology, belief and health under Article 23 of the Personal Information Protection Act, biometric information or information constituting criminal history records under subparagraph 1 or 2 of Article 18 of the Enforcement Decree of the same Act, and data containing resident registration numbers, passport numbers, or alien registration numbers under subparagraph 1, 2 or 4 of Article 19 of the same Decree. <Amended by Presidential Decree No. 23631, Feb. 28, 2012; Presidential Decree No. 27520, Sep. 29, 2016>
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
 Article 101-2 (Re-Examination of Regulation)
The Minister of Justice shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements.: <Amended by Presidential Decree No. 27751, Dec. 30, 2016>
1. The procedure for applying for issuance of an alien registration certificate under Article 41 (3): January 1, 2017;
2. The procedure for applying for reissuance of an alien registration certificate under Article 42 (2): January 1, 2017;
3. The procedure for reporting the change of the place of stay under Article 45 (1): January 1, 2017.
[This Article Newly Inserted by Presidential Decree No. 25954, Dec. 31, 2014]
CHAPTER IX ADMINISTRATIVE FINES
 Article 102 (Criteria for Imposition of Administrative Fines)
(1) Criteria for the imposition of administrative fines under Article 100 (4) of the Act shall be as specified in attached Table 2.
(2) Deleted. <by Presidential Decree No. 23506, Jan. 13, 2012>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
CHAPTER X ACCUSATION AND DISPOSITION OF NOTICE
SECTION 1 Accusation
 Article 103 (Notification of Results of Dealing with Cases)
The head of an office, the head of a branch office or the head of a detention center shall notify the head of an agency that has transferred a case of the result of dealing with the case that he/she has taken over pursuant to Article 101 (2) of the Act in writing.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
SECTION 2 Disposition of Notice
 Article 104 (Procedures for Disposition of Notice)
(1) When the head of an office, the head of a branch office, or the head of a detention center makes a disposition of notice pursuant to Article 102 (1) of the Act, he/she shall prepare a written decision on examination and a written notice under Article 72.
(2) The head of an office, the head of a branch office, or the head of a detention center shall enter the following matters in a written notice under paragraph (1) and sign and seal on it: <Amended by Presidential Decree No. 27520, Sep. 29, 2016>
1. Name, gender, date of birth and domicile of a person to receive a disposition of notice;
2. The amount of the penalty;
3. An offense;
4. Applicable provisions of statutes;
5. Place of payment and deadline for payment;
6. Date of a disposition of notice.
(3) With respect to an immigration offender whose offense is clearly recognized by his/her passport, documents, etc. as a result of the investigation and from whose disposition no dispute arises, the head of an office, the head of a branch office, or the head of a detention center may prepare a written decision on examining the immigration offender in lieu of a report on the recognition of suspicion under Article 57, an interrogatory of a suspect under Article 59 (1), and a written decision on examination and a written notice under paragraph (1).
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 105 (Procedures, etc. for Payment of Penalties)
(1) A person in receipt of a disposition of notice pursuant to Article 102 (1) of the Act shall pay a penalty to a national treasury bank, its branch or agency, or post office (hereinafter referred to as "receiving agency") designated by the head of an office, the head of a branch office or the head of a detention center by the payment deadline set under Article 105 of the Act.
(2) A receiving agency that has collected a penalty pursuant to paragraph (1) shall issue a receipt to a person who has paid the penalty.
(3) Upon issuing a receipt under paragraph (2), a receiving agency shall without delay forward a written notice confirming the receipt of a penalty to the head of an office, the head of a branch office or the head of a detention center who issued the written notice.
(4) No penalty shall be paid in installments.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 106 (Service of Written Notice)
A written notice referred to in Article 104 of the Act shall be served, as prescribed in Article 91 of the Act.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
 Article 107 (Provisional Payment of Penalties)
(1) A person who intends to pay a penalty provisionally pursuant to Article 102 (2) of the Act shall submit an application for provisional payment and pay the penalty to the head of an office, the head of a branch office or the head of a detention center.
(2) When the head of an office, the head of a branch office or the head of a detention center collects a penalty provisionally paid pursuant to paragraph (1), he/she shall without delay enter the receipt of the penalty in the provisional custody register of penalties, and issue a receipt of the provisionally paid penalty to the payer thereof.
(3) The head of an office, the head of a branch office or the head of a detention center shall transfer penalties provisionally paid pursuant to paragraph (2) to a receiving agency.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on April 1, 1993.
Article 2 (Repeal of Statutes)
The Rules for Designation of Ports of Entry and Departure are hereby repealed.
Article 3 (Transitional Measures concerning Status of Stay, etc.)
(1) A status of stay specified in a visa, a visa issuance certificate or an entry permit for an alien issued under the previous provisions as at the time this Decree enters into force shall be deemed a status of stay granted under this Decree by no later than the time it is revised, but the status of stay granted under the previous provisions shall be revised by the head of a office or branch office when he/she first grants various permissions relating to stay or renews a residence report certificate with an alien registration certificate after this Decree enters into force.
(2) The period of stay permitted under the previous provisions as at the time this Decree enters into force shall be deemed the period permitted under this Decree.
Article 4 (Transitional Measures concerning Validity of Written Order of Departure)
A written order of departure issued under the previous provisions as at the time this Decree enters into force shall remain valid until the expiration of the deadline for departure.
Article 5 (Transitional Measures concerning Assignment, etc. of Alien Registration Numbers)
(1) The registration number of an alien who has filed a residence report under the previous provisions before this Decree enters into force shall be assigned by the head of the office or branch office having jurisdiction over the place of stay when the alien renews his/her residence report certificate with an alien registration certificate, notwithstanding Article 40 (2).
(2) The record of a resident alien prepared under the previous provisions as at the time this Decree enters into force shall be deemed a registered alien record prepared under this Decree.
(3) An alien registration card prepared and kept on file by the head of a Si/Gu/Eup/Myeon under the previous provisions as at the time this Decree enters into force shall, if a residence report certificate is renewed to a alien registration certificate, be replaced when it is newly prepared by the head of the office or branch office and forward it to the head of a Si/Gun/Gu.
Article 6 (Transitional Measures concerning Written Request for Detention)
A written request for confinement, notice of confinement, notice of extending the confinement period, written request for cancelling the confinement, notice of cancelling the confinement, written request for temporary cancellation of confinement, and written notice of decision on temporary cancellation of confinement, that have been issued under the previous provisions as at the time this Decree enters into force shall be deemed the written request for detention, notice of detention, notice of extending the detention period, written request for cancelling detention, notice of cancelling detention, written request for cancellation of temporary detention, and written notice of decision on cancellation of temporary detention, respectively, under this Decree.
Article 7 Omitted.
ADDENDA <Presidential Decree No. 14301, Jun. 30, 1994>
(1) (Enforcement Date) This Decree shall enter into force on July 1, 1994.
(2) (Transitional Measures concerning Status of Stay) A person eligible for no visa entry (B-2) under the previous provisions as at the time this Decree enters into force shall be deemed eligible for sightseeing or transit entry (B-2) under this Decree.
ADDENDA <Presidential Decree No. 14447 Dec. 23, 1994>
Articles 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 14486, Dec. 31, 1994>
This Decree shall enter into force on January 1, 1995.
ADDENDA <Presidential Decree No. 14817, Dec. 1, 1995>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Status of Stay) The status of Foreign National of Special Ability (E-7) granted under the previous provisions as at the time this Decree enters into force shall be deemed the status of Foreign National of Special Ability (E-7) under this Decree, until the status of stay is revised.
ADDENDA <Presidential Decree No. 15417, Jun. 28, 1997>
(1) (Enforcement Date) This Decree shall enter into force on July 1, 1997.
(2) (Transitional Measures concerning Status of Stay) The status of stay for business purpose (D-7) granted under the previous provisions as at the time this Decree enters into force shall be deemed the status of stay (D-7) granted under this Decree.
ADDENDA <Presidential Decree No. 15764, Apr. 1, 1998>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Applicability to Permission to Change Status of Stay) The amended provisions of Article 24-5 (1) shall apply to industrial trainees entering the Republic of Korea after this Decree enters into force.
(3) (Transitional Measures concerning Permission to Extend Period of Stay) Permission to extend the period of stay granted to those who entered the Republic of Korea as industrial trainees before this Decree enter into force shall be governed by the previous provisions.
ADDENDUM <Presidential Decree No. 16120, Feb. 26, 1999>
This Decree shall enter into force on March 1, 1999.
ADDENDA <Presidential Decree No. 16211, Mar. 31, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 16603, Nov. 27, 1999>
This Decree shall enter into force on December 3, 1999.
ADDENDA <Presidential Decree No. 17305, Jul. 16, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 17, 2001.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 17579, Apr. 18, 2002>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Requirements, etc. for Training Employment)
(1) The amended provisions of Article 24-5 (1) shall apply from the industrial trainees who first enter the Republic of Korea after this Decree enters into force.
(2) Not later than the time the Minister of Labor determines pursuant to the amended provisions of Articles 24-5 (1) 3 and 24-6 (4) the requirements, etc. for the training employment in consultation with the head of a competent central administrative agency, it shall be governed by what the head of a competent central administrative agency determines pursuant to the previous provisions.
Article 3 (Transitional Measures for Status of Stay, etc.)
(1) A spouse of a national who has the Visit Cohabiting (F-1) status among the status of stay under the previous provisions as at the time this Decree enters into force, and a spouse of a person holding Permanent Resident status (F-5) who has a Residence (F-2) status, shall be changed into the Residence (F-2) status under this Decree, but the status of stay under the previous provisions shall be revised by the head of the office or branch office when obtaining a permit as to various status of stay for the first time after this Decree enters into force, or receiving a re-issuance of an alien registration certificate, or when the principal or a person liable for applying for permits under Article 79 of the Act files an application.
(2) The head of the office or branch office may change into a status of Permanent Resident (F-5) for the person corresponding to a status of Permanent Resident (F-5) among those who have a status of Residence (F-2) under the previous provisions as at the time this Decree enters into force, for whom five years elapsed from the date of acquiring such status as at the time this Decree enters into force, upon request of the principal or a person liable for applying for permits under Article 79 of the Act.
(3) A person who has the Residence (F-2) status among the status of stay under the previous provisions as at the time this Decree enters into force, who has failed to obtain permission to change his/her status of stay into the Permanent Resident (F-5) status under this Decree, shall be exempted from the restriction on his/her activities pursuant to classifications of the status of stay under the previous provisions, not later than the date of obtaining a permit for a change of his/her status of stay into Permanent Resident (F-5).
ADDENDUM <Presidential Decree No. 17769, Nov. 6, 2002>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18097, Sep. 1, 2003>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Special Cases concerning Extension of Period of Stay for Training Employees and Industrial Trainees) Notwithstanding the amended provisions of Article 24-6, the Minister of Justice may grant an extension of the period of stay up to August 31, 2005 to the persons who stay with the status of employment for training (E-8) and the industrial trainees who have failed to obtain permission to change his/her status of stay to the status of employment for training (E-8) since they entered the Republic of Korea prior to April 27, 2002, as at the time this Decree enters into force, within the limit of not exceeding the domestic period of five years in total.
(3) (Transitional Measures concerning Administrative Fines) Criteria for imposition of administrative fines to any offense committed before this Decree enters into force shall be governed by the previous provisions.
ADDENDUM <Presidential Decree No. 18130, Nov. 20, 2003>
This Decree shall enter into force on December 29, 2003.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18520, Aug. 17, 2004>
(1) (Enforcement Date) This Decree shall enter into force on August 17, 2004.
(2) (Transitional Measures concerning Recognition of Activities not Covered by Status of Stay of Persons Holding Visit Cohabiting Status) Persons engaged in activities not covered by the status of stay referred to the previous Article 23 (2) 1 as at the time this Decree enters into force may engage in employment by not later than the period for activities other than status of stay recognized as referred to in the previous provisions and procedures, notwithstanding the amended provisions of Article 23 (2), and persons intending to continue engaging in such employment after the expiration of the authorized period to engage in activities not covered by their original status of stay shall obtain permission to change his/her status of stay to the Non-Professional (E-9) pursuant to Article 12 (5) of the Act on the Employment, etc. of Foreign Workers.
(3) (Transitional Measures concerning Recommendation of Industrial Training, etc.) The amended provisions of Article 24-2 (3) and (4) shall not apply to the establishments employing the foreign workers pursuant to Article 2 (1) and (2) of the Addenda to the Act on the Employment, etc. of Foreign Workers until the expiration of the period of stay permitted for such foreign workers.
(4) Omitted.
ADDENDA <Presidential Decree No. 18934, Jul. 5, 2005>
(1) (Enforcement Date) This Decree shall enter into force on September 25, 2005: Provided, That the amended provisions concerning the seafarers’ identity documents and the amended provisions concerning the exclusion of the effects of the seafarers’ pocketbooks as passports among the provisions of Articles 1 (1), (3), (4), (7) and (8), 6 (1), 18 (2) and 88-2 (2) 1 and the amended provisions of Article 24-2 shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Administrative Fines) Criteria for imposition of administrative fines to any offense committed before this Decree enters into force shall be governed by the previous provisions.
ADDENDA <Presidential Decree No. 19657, Aug. 24, 2006>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures for Administrative Fines) Criteria for imposition of administrative fines to any offense committed before this Decree enters into force shall be governed by the previous provisions.
ADDENDA <Presidential Decree No. 19904, Feb. 28, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 4, 2007.
Article 2 (Transitional Measures concerning Applications for Visas and Visa Issuance Certificates)
With respect to anyone who applied for a visa for the status of stay that falls under item (b) of the status of stay for 26. Visit and Cohabiting (F-1) in the previous attached Table 1 before this Decree enters into force, but his/her visa has not issued before this Decree enters into force, the visa provided for in the amended provisions of the status of stay for 31. Work and Visit (H-2) in attached Table 1 shall be issued to him/her.
Article 3 (Transitional Measures concerning Permission to Grant Status of Stay and Extension of Period of Stay)
(1) The status of stay of the persons who fall under Article 19 (1) of the Enforcement Decree of the previous Act on the Employment, etc. of Foreign Workers and the persons staying in the Republic of Korea after having entered the Republic of Korea with the visas of the status of stay that falls under item (b) of the status of stay for 26. Visit and Cohabiting (F-1) in the previous attached Table 1 shall be deemed the status of stay provided for in the amended provisions of the status of stay for 31. Work and Visit (H-2) in attached Table 1, and where the head of the office or the head of the branch office first permits extending the status of stay after the this Decree enters into force, he/she shall also change his/her status of stay into the status of stay provided for in the amended provisions of the status of stay for 31. Work and Visit (H-2) in attached Table 1 with the permission for extending the stay status.
(2) With respect to any person who enters the Republic of Korea after this Decree enters into force after having obtained the visa of the status of stay that falls under item (b) of the status of stay for 26. Visit and Cohabiting (F-1) (b) in the previous attached Table 1 before this Decree enters into force, the head of the office or the head of the branch office shall permit changing his/her status of stay into the status of stay provided for in the amended provisions of the status of stay for 31. Work and Visit (H-2) attached Table 1 only if he/she files an application for registering him/her as an alien.
Article 4 Omitted.
ADDENDA <Presidential Decree No. 20076, Jun. 1, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 23 (2) 1 and 2 and subparagraph 27 (g) in attached Table 1 shall enter into force on January 1, 2008, and the amended provisions of Articles 23 (1) (limited to the part regarding the deletion of status of stay for 25-2. Employment for Training (E-8)), 24-2 (1) 4, 24-4 (6) and (7), 24-5 through 24-7, and subparagraph 25-2 in attached Table 1 shall enter into force on October 1, 2010.
Article 2 (Transitional Measures on Discontinuance of Organization- Recommended Industrial Training)
(1) As at the time this Decree enters into force (referring to the time of promulgation), a person with a status of stay of Domestic Vessel Crew (E-10) under the previous provisions shall be deemed to have a status of stay for Crew Employment (E-10) under this Decree.
(2) As of June 1, 2007, a person with a status of stay for Employment for Training (E-8) as a national of an emigrant nation, pursuant to subparagraph 3 of Article 3 of the Enforcement Decree of the Act on the Employment, etc. of Foreign Workers, shall be deemed to have a status for stay of Non-Professional (E-9).
(3) As at the time this Decree enters into force (referring to the time of promulgation), a person working on board a ship of at least 20 ton that is subject to the Seafarers Act, with a status of stay for Employment for Training (E-8), shall be deemed to have a status of stay for Crew Employment (E-10) under this Decree until the valid date of stay, regardless whether or not he is a national of an emigrant nation pursuant to subparagraph 3 of Article 3 of the Enforcement Decree of the Act on the Employment, etc. of Foreign Workers.
(4) When a visitor, who is staying with the status of stay for Industrial Training (D-3) under the previous provisions of Article 24-4 (2) as of June 1, 2007, or who has entered and is staying in Korea with such status after June 1, 2007, applies for permission to change his/her status of stay under the procedures provided for in this Decree, the head of office or branch office shall change such status into Non-Professional (E-9), if such visitor is a national of an emigrant nation pursuant to subparagraph 3 of Article 3 of the Enforcement Decree of the Act on the Employment, etc. of Foreign Workers: Provided, That in the case of industrial trainees, recommended by the National Federation of Fisheries Cooperatives which is a training-recommending organization under the previous provisions of Article 24-2 (1) 4, it shall be limited to those under training at a ship smaller than 20 ton or at fishery farms, and not subject to the application of the Seafarers Act.
(5) When a visitor, who is staying with a status of stay for Industrial Training (D-3) under the previous provisions of Article 24-4 (2) as at the time this Decree enters into force (referring to the time of promulgation) or who entered and is staying in Korea with such status after this Decree enters into force (referring to the time after the promulgation of this Decree), applies for permission to change his/her status of stay under the procedures provided for in this Decree, the head of office or branch office shall change such status into Crew Employment (E-10) under this Decree, if such trainees are recommended by the National Federation of Fisheries Cooperatives which is a training-recommending organization under the previous provisions of Article 24-2 (1) 4, and they are under training at a ship of at least 20 ton that is subject to the Seafarers Act.
Article 3 (Transitional Measures on Permission, etc. to Stay)
(1) Various permissions applied before this Decree enters into force shall be deemed applied under this Decree.
(2) When a person who falls under Article 2 (1) or (2) of the Addenda first applies for permissions, etc. after this Decree enters into force, the head of office or branch office shall correct the status of stay on his/her passport, alien registration card, etc. into changed status of stay, respectively.
ADDENDA <Presidential Decree No. 20257, Sep. 10, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 20456, Dec. 20, 2007>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of item (a) (i); 31. Work and Visit (H-2) in attached Table 1 shall enter into force on January 1, 2008.
ADDENDA <Presidential Decree No. 20674, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 20749, Mar. 21, 2008>
This Decree shall enter into force on March 22, 2008.
ADDENDUM <Presidential Decree No. 20892, Jul. 3, 2008>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of the status of stay for 18-2. Employment (D-10) and item (c) of the status of stay for 28-3. Permanent Resident (F-5) in attached Table 1 shall enter into force on September 1, 2008.
ADDENDA <Presidential Decree No. 21087, Oct. 20, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 21377, Mar. 31, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21534, Jun. 16, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 20, 2009.
Article 2 (Applicability)
In respect of a person who has applied for refugee status before this Decree enters into force, the period referred to in the amended provisions of Article 88-9 (4) shall be counted from the date this Decree enters into force.
ADDENDA <Presidential Decree No. 21719, Sep. 9, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 10, 2009.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 21942, Dec. 31, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22127, Apr. 20, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 23, 2010.
Articles 2 through 11 Omitted.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 22338, Aug. 13, 2010>
This Decree shall enter into force on August 15, 2010.
ADDENDA <Presidential Decree No. 22483, Nov. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 15, 2010.
Article 2(Applicability to Delegation of Authority)
The amended provisions of Article 96 (1) shall begin to apply to the first application for the recognition of refugee status filed or the first revocation of refugee status after this Decree enters into force.
ADDENDA <Presidential Decree No. 23274, Nov. 1, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 15, 2011.
Article 2 (Transitional Measures concerning Applications for Visas, etc.)
(1) Where a person applied for a visa, etc. for status of stay for Short-Term Business (C-2) referred to in subparagraph 7 or Short-Term General (C-3) referred to in subparagraph 8 of attached Table 1, but has not been issued a visa, etc. before this Decree enters into force, he/she shall be deemed to have applied for a visa, etc. for status of stay for Short-Term Visit (C-3) under the amended provision of subparagraph 8 of attached Table 1, and shall be issued such visa, etc.
(2) Where a person who is a spouse of a national under subparagraph 27 (a) of the previous attached Table 1 or the father or mother who brings up a child born from marital relationship (including common-law marriage) with a national under item (b) of the same subparagraph applied for a visa, etc. for status of stay for Residence (F-2) (hereinafter referred to as "status of stay for the former Residence (F-2) of a spouse, etc. of a national") of a person recognized by the Minister of Justice before this Decree enters into force but has not been issued a visa, etc. until this Decree enters into force, he/she shall be deemed to have applied for a visa, etc. for status of stay for Marriage Migrant (F-6) under the amended provision of subparagraph 28-4 in attached Table 1, and shall be issued a visa, etc.
Article 3 (Transitional Measures concerning Status of Stay)
(1) A person holding the status of stay for Short-Term Business (C-2) or Short-Term General (C-3) under the previous provisions as at the time this Decree enters into force shall be deemed holding the status of stay for Short-Term Visit (C-3) under this Decree.
(2) A person holding the status of stay for the former Residence (F-2), such as a spouse of a national under the previous provisions as at the time this Decree enters into force, shall be deemed holding the status of stay for Marriage Migrant (F-6) under this Decree, however, when he/she first files for alien registration or obtains various permits, etc. in relation to stay, the head of an office or the head of a branch office shall correct his/her status of stay mentioned in his/her alien registration certificate or visa to status of stay for Marriage Migrant (F-6).
Article 4 Deleted.
Article 5 (Relationship to Other Statutes)
A citation of the provisions of the previous Enforcement Decree of the Immigration Act in other statutes shall be deemed a citation of the corresponding provisions of this Decree, in lieu of the previous provisions, if such corresponding provisions exist herein.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 23506, Jan. 13, 2012>
This Decree shall enter into force on January 19, 2012.
ADDENDA <Presidential Decree No. 23620, Feb. 3, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 5, 2012. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 23631, Feb. 28, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 23818, May 25, 2012>
This Decree shall enter into force on May 27, 2012.
ADDENDA <Presidential Decree No. 24139, Oct. 15, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Applications, etc. for Visas, etc.)
The amended Provisions of attached Table 1 shall begin to apply to the first person who files an application for a visa, etc. or to change his/her status of stay after this Decree enters into force.
Article 3 (Transitional Measures concerning Change in Status of Stay)
A person holding the status of stay for Industrial Training (D-3) under the previous provisions as at the time this Decree enters into force shall be deemed holding the status of stay for Technical Training (D-3) under this Decree.
ADDENDA <Presidential Decree No. 24213, Nov. 30, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 2, 2012.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24340, Jan. 28, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 2, 2013.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24415, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24551, May 31, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provision of Article 96 (1) shall enter into force on September 1, 2013.
Article 2 (Applicability to Change of Status of Stay)
The amended provisions of attached Table 1 shall begin to apply to the first person who files an application for a visa, etc. or to change his/her status of stay after this Decree enters into force.
ADDENDA <Presidential Decree No. 24628, Jun. 21, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2013.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 24788, Oct. 10, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25669, Oct. 28, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 1-2 shall enter into force on January 22, 2015.
Article 2 (Applicability to Change, etc. in Status of Stay)
The amended provisions of attached Table 1 shall begin to apply to the first person who files an application for a visa or to change his/her status of stay after this Decree enters into force.
Article 3 (Transitional Measures concerning Reporting on Residence in Republic of Korea and Certificates of Residence in Republic of Korea)
Notwithstanding the amended provisions of Article 1-2, the previous provisions shall apply, until June 30, 2016, to the departure and entry inspection of a person who fails to report him/her as an overseas Korean under Article 10-2 of the partially amended Resident Registration Act (Act No. 12279), but a report on whose residence in the Republic of Korea and whose certificate of residence in the Republic of Korea remain valid under Article 2 of Addenda to the partially amended Act on the Immigration and Legal Status of Overseas Koreans (Act No. 12593) among overseas Koreans who reported their residence in the Republic of Korea under Article 6 of the previous Act on Immigration and Legal Status of Overseas Koreans (referring to the Act in force prior to the partial amendment by Act No. 12593) before January 22, 2015.
ADDENDUM <Presidential Decree No. 25954, Dec. 31, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 26311, Jun. 15, 2015>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 25-4 (c) of attached Table 1 shall enter into force on August 4, 2015.
ADDENDA <Presidential Decree No. 26473, Aug. 3, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 4, 2015.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 26922, Jan. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 27303, Jul. 5, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27520, Sep. 29, 2016>
This Decree shall enter into force on September 30, 2016.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 27972, Mar. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2017.
Articles 2 through 10 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That, among the Presidential Decrees amended by Article 8 of the Addenda, amendments to the Presidential Decrees, which were promulgated before this Decree enters into force but the enforcement date of which have yet arrived, shall enter into force on the enforcement dates of the respective Presidential Decrees.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 28244, Aug. 16, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Imposition of Administrative Fines)
A disposition of imposing an administrative fine taken for a violation committed before this Decree enters into force shall not be counted in the number of violations referred to in the amended provisions of subparagraph 2 (b), (g), (h), (k), and (l) of attached Table 2.