SPECIAL ACT ON THE CONSERVATION OF THE ECOSYSTEMS IN ISLAND AREAS INCLUDING DOKDO
Act No. 5447, Dec. 31, 1997
Amended by Act No. 5982, May 24, 1999
Act No. 6846, Dec. 30, 2002
Act No. 7019, Dec. 30, 2003
Act No. 7167, Feb. 9, 2004
Act No. 8465, May 17, 2007
Act No. 9696, May 21, 2009
Act No. 10612, Apr. 28, 2011
Act No. 10977, Jul. 28, 2011
Act No. 10974, Jul. 28, 2011
Act No. 11257, Feb. 1, 2012
Act No. 12458, Mar. 18, 2014
| (1) | The Minister of Justice may issue a visa issuance certificate to an alien who intends to enter the Republic of Korea, upon application of the alien, before issuing a visa under Article 7 (1), if deemed particularly necessary. |
| (2) | An application for a visa issuance certificate under paragraph (1) may be filed by any person who intends to invite an alien to the Republic of Korea on behalf of the alien. |
| (3) | Eligibility, criteria and procedures for the issuance of visa issuance certificates under paragraph (1) shall be prescribed by Ministerial Decree of Justice. |
[This Article Wholly Amended on May 14, 2010]
The terms used in this Act shall be defined as follows:
| 1. | The term "specified island" means any island designated and publicly notified by the Minister of Environment as an island with no human inhabitants or with human inhabitants only residing in an extremely limited area (hereinafter referred to as "uninhabited islands, etc."), but with remarkable natural ecosystems, geographical or geological features, or natural environments (hereinafter referred to as "natural ecosystems, etc."), such as Dokdo Island; |
| 2. | The term "natural ecosystem" means the physical world or a functional unit consisting of the organism complex in a certain area and the non-living environment sustaining such organism complex, which includes substances naturally created by sedimentation, weathering, erosion, or volcanic activities, such as fossils and stalactites. |
[This Article Wholly Amended by Act No. 10974, Jul. 28, 2011]
| Article 3 (Scope of Application) |
| (1) | The standard status of stay under subparagraph 1 of Article 10 (hereinafter referred to as “standard status of stay”) shall be classified as follows: |
| 1. | Status of short-term stay: a status of stay by which it is permitted to stay in the Republic of Korea for not more than 90 days (where a period of stay exceeds 90 days pursuant to a visa exemption agreement or the reciprocity, such period of stay) for the purpose of tourism, visit, etc.; |
| 2. | Status of long-term stay: a status of stay by which it is permitted to stay in the Republic of Korea within a maximum period exceeding 90 days prescribed by Ministerial Decree of Justice for the purpose of study, training, investment, presence for business, marriage, etc. |
| (2) | Types of status of short-term stay and status of long-term stay under paragraph (1), persons eligible for any type of status of stay or extent of activities under such status shall be prescribed by Presidential Decree in consideration of the purpose of stay, whether employment activities are permissible, etc. |
[This Article Added on Mar. 20, 2018]
| Article 4 (Designation, etc. of Specified Islands) |
| (1) | Limitations on the extent of activities and the period of stay shall not apply to an alien granted the status of permanent residency under subparagraph 2 of Article 10 (hereinafter referred to as “status of permanent residency”). |
| (2) | Persons who intend to acquire the status of permanent residency shall be persons eligible for the status of permanent residency prescribed by Presidential Decree and meet each of the following requirements: |
| 1. | He or she shall be of good conduct, such as observing the Acts and subordinate statutes of the Republic of Korea; |
| 2. | He or she shall be able to make a living, relying on the income, assets, etc. of his or her own or of a family member with whom he or she share livelihood; |
| 3. | He or she shall have basic knowledge necessary to continuously live as a national of the Republic of Korea, such as Korean language capability and the understanding of Korean society and culture. |
| (3) | Notwithstanding paragraph (2) 2 and 3, the Minister of Justice shall wholly or partially alleviate or exempt the requirements referred to in paragraph (2) 2 and 3 for the persons prescribed by Presidential Decree, such as those rendering distinguished services to the Republic of Korea, those with excellent capabilities in a specific field, including science, management, education, culture and arts, and athletics, and those making investment of a certain amount or more in the Republic of Korea. |
| (4) | Matters necessary for the standards, extent, etc. of the requirements under each subparagraph of paragraph (2) shall be prescribed by Ministerial Decree of Justice. |
[This Article Added on Mar. 20, 2018]
| Article 5 (Master Plans for Conservation of Specified Islands) |
| (1) | The Minister of Environment shall prepare a master plan for the conservation of specified islands every ten years (hereinafter referred to as "master plan") for the conservation of natural ecosystems, etc. on specified islands and finalize such plan after consultations with the heads of relevant central administrative agencies. |
| (2) | Master plans under paragraph (1) shall include the following matters: |
| 1. | The basic direction for the conservation of natural ecosystems, etc.; |
| 2. | Matters concerning the conservation of natural ecosystems, etc.; |
| 3. | Other matters prescribed by Presidential Decree. |
| (3) | The methods of, and the procedures for, the establishment of master plans under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10974, Jul. 28, 2011]
| Article 6 (Basic Investigations, etc.) |
| (1) | Every alien who intends to enter the Republic of Korea shall submit his or her passport and entry form to an immigration control official for an entry inspection at a port of entry and departure, as prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
| (2) | The proviso of Article 6 (1) and paragraph (3) of the same Article shall apply mutatis mutandis to paragraph (1). |
| (3) | In conducting an entry inspection, an immigration control official shall grant entry permission to an alien after examining whether the alien satisfies the following requirements that: <Amended on Feb. 4, 2020> |
| 1. | His or her passport and the visa shall be valid: Provided, That the visa requirement shall be met only in cases required by this Act; |
| 1-2. | His or her prior permit for travel referred to in Article 7-3 (2) shall be valid; |
| 2. | The purpose of his or her entry shall comply with the status of stay; |
| 3. | The period of stay shall have been determined, as prescribed by Ministerial Decree of Justice; |
| 4. | He or she shall not be subject to prohibition or refusal of entry under Article 11. |
| (4) | If an alien fails to prove that he or she satisfies the requirements provided for in the subparagraphs of paragraph (3), an immigration control official may refuse his or her entry into the Republic of Korea. |
| (5) | Upon granting entry permission to an alien falling under Article 7 (2) 2 or 3, an immigration control official shall grant the status of stay to the alien and determine the period of stay, as prescribed by Presidential Decree. |
| (6) | An immigration control official may enter ships, etc. for the purpose of conducting inspections under paragraph (1) or (2). |
[This Article Wholly Amended on May 14, 2010]
| Article 6-2 (Island Researchers) |
| (1) | Every alien who intends to enter the Republic of Korea shall provide his or her biometrics information in the manner prescribed by Ministerial Decree of Justice and follow the procedures for verifying his or her identity when undergoing an entry inspection pursuant to Article 12: Provided, That this shall not apply to any of the following persons: <Amended on Jun. 9, 2020> |
| 1. | A person under 17 years of age; |
| 2. | A person who enters the Republic of Korea to perform the affairs of a foreign government or international organization, and his or her accompanying family; |
| 3. | A person prescribed by Presidential Decree as needing to be exempted from provision of his or her biometrics information, in light of the promotion of friendly relationship and cultural exchange with a foreign country, facilitation of economic activities, the interests of the Republic of Korea, etc. |
| (2) | When an alien refuses to provide his or her biometrics information pursuant to the main clause of paragraph (1), an immigration control official may refuse the alien’s entry into the Republic of Korea. <Amended on Jun. 9, 2020> |
| (3) | The Minister of Justice may request relevant administrative agencies to submit an alien’s biometrics information retained by them, if necessary for conducting entry inspections. <Amended on Jun. 9, 2020> |
| (4) | No relevant administrative agency in receipt of a request for cooperation under paragraph (3) shall refuse such request without justifiable grounds. |
| (5) | An immigration control official may use the biometrics information provided or submitted under paragraph (1) or (3) for entry inspections. <Amended on Jun. 9, 2020> |
| (6) | The Minister of Justice shall keep and manage the biometrics information provided or submitted under paragraph (1) or (3), as prescribed by the Personal Information Protection Act. <Amended on Mar. 29, 2011; Jun. 9, 2020> |
[This Article Added on May 14, 2010]
[Title Amended on Jun. 9, 2020]
[Previous Article 12-2 moved to Article 12-3 <May 14, 2010>]
| Article 6-3 (Honorary Rangers of Specified Islands) |
| (1) | The Minister of Environment may commission members of a corporation or organization related to the conservation of a specified island and residents in a nearby area to act as honorary rangers of the specified island to efficiently conserve the specified island. |
| (2) | The qualifications of, and the methods of commissioning honorary rangers of specified islands and the scope of their activities, and other matters shall be prescribed by Ministerial Decree of Environment. |
[This Article Wholly Amended by Act No. 10974, Jul. 28, 2011]
| Article 7 (Access, etc. to another's Land) |
| (1) | If necessary for investigations under Article 6, the Minister of Environment may permit relevant public officials or researchers under Article 6-2 (hereafter referred to as "relevant public officials, etc. in this Article) to access another person's land or alter or remove obstacles, such as standing trees, soil, and rocks, from the land: Provided, That prior consultation with the Administrator of the Cultural Heritage Administration or the competent Mayor/Do Governor is required for such activities on an island designated as a cultural heritage pursuant to the Cultural Heritage Protection Act (including protective facilities and protective zones thereof; hereinafter the same shall apply). |
| (2) | Public officials, etc. who intend to access another person's land or alter or remove any obstacle from such person's land pursuant to paragraph (1) shall obtain consent from the owner, occupant, or manager thereof (hereafter referred to as "owner, etc." in this Article): Provided, That this shall not apply where 14 days elapse after the relevant fact is posted on the board of the Eup/Myeon/Dong office having jurisdiction over the relevant island or is published on a daily newspaper because the owner, etc. of the land or obstacles is unknown. |
| (3) | No one shall enter another person's residential premises or land enclosed with walls or fences before sunrise or after sunset without the consent of its owner, etc. |
| (4) | No owner, etc. of land shall refuse, interfere with, or evade an investigation under paragraph (1) without a justifiable reason. |
| (5) | Any relevant public official, etc. who intends to gain access to another person's land pursuant to paragraph (1) shall carry with him/her a certificate indicating his/her authority, as prescribed by Ministerial Decree of Environment, and present it to related persons. |
[This Article Wholly Amended by Act No. 10974, Jul. 28, 2011]
| Article 8 (Restrictions on Activities) |
| (1) | No one shall conduct, or permit another person to conduct, any of the following activities on a specified island: <Amended by Act No. 10977, Jul. 28, 2011; Act No. 11257, Feb. 1, 2012> |
| 1. | Construction or extension of a building or structure; |
| 2. | Development for cultivation, reclamation, dredging, or dyking; |
| 3. | Development of housing sites, alteration of the form or quality of land, division of land; |
| 4. | Reclamation of public waters; |
| 5. | Cutting or decomposition of standing trees or bamboo trees; |
| 6. | Extraction of soil, sand, gravel, stones or minerals or development of ground water; |
| 7. | Pasturing of livestock, capture or culling of wild animals or gathering of their eggs or wild plants; |
| 8. | Construction of a road; |
| 9. | Taking wild fauna or flora inhabiting, or migrating to, a specified island or natural products existing in a specified island off the island; |
| 11. | Burying or dumping wastes; |
| 12. | Cooking foods with inflammable substances or camping; |
| 13. | Destruction of the shape of a geological, geographical, or natural product or any other similar activity thereto. |
| (2) | Notwithstanding paragraph (1), paragraph (1) shall not apply to any of the following activities: |
| 1. | Activities for military operations, navigation, or relief of victims of a disaster; |
| 2. | Activities necessary for the prevention of and response to a natural disaster or other calamities; |
| 3. | Activities by the State for the development of marine resources; |
| 5. | Activities recognized as necessary by the Administrator of the Cultural Heritage Administration or the competent Mayor/Do Governor pursuant to the Cultural Heritage Protection Act. |
| (3) | Any person who conducts an activity under paragraph (2) shall report details and consequences of such activity to the Minister of Environment or notify him/her of such details, etc., as prescribed by Presidential Decree: Provided, That the foregoing shall not apply to activities conducted with the permission of the Minister of Environment. |
[This Article Wholly Amended by Act No. 10974, Jul. 28, 2011]
| (1) | The Minister of Environment may permit any of the following activities, if he/she considers such activity does not disturb purposes of the designation of specified islands: Provided, That prior consultation with the Administrator of the Cultural Heritage Administration or the competent Mayor/Do Governor is required for such activities on an island designated as a cultural heritage pursuant to the Cultural Heritage Protection Act: |
| 1. | Construction by the State or a local government of mountaineering routes, promenades, roads, public toilets, gazeboes, etc.; |
| 2. | Activities for research or survey of natural ecosystems, etc.; |
| 3. | Repair or upgrading of existing buildings or structures; |
| 4. | Other activities recognized as necessary by the Minister of Environment within the extent not deteriorating or altering the original state of natural ecosystems, etc. |
| (2) | The Minister of Environment may attach necessary conditions or a deadline to the permission granted pursuant to paragraph (1). |
[This Article Wholly Amended by Act No. 10974, Jul. 28, 2011]
| Article 10 (Prohibition of Access, etc.) |
| (1) | If the Minister of Environment deems it necessary for protecting and developing a specified island or for restoring damaged natural ecosystems, etc., he/she may designate all or some area of such specified island and restrict or prohibit access to the area for a specific period: Provided, That the foregoing shall not apply to any of the following cases: |
| 1. | Access for making a living by residents in the island; |
| 2. | Access for military activities, navigation, or relief of victims of a disaster; |
| 3. | Access for taking measures for the prevention of and response to a natural disaster or other calamities; |
| 4. | Access with the permission of the Minister of Environment for research on natural ecosystems, etc.; |
| 5. | Access deemed necessary by the Administrator of the Cultural Heritage Administration or the competent Mayor/Do Governor pursuant to the Cultural Heritage Protection Act. |
| (2) | When the Minister of Environment intends to restrict or prohibit access pursuant to paragraph (1), he/she shall give public notice thereof, as prescribed by Ministerial Decree of Environment. |
| (3) | When the Minister of Environment recognizes that grounds of restriction on, or prohibition of, access cease to exist, he/she shall lift such restriction or prohibition without delay and give public notice thereof. |
[This Article Wholly Amended by Act No. 10974, Jul. 28, 2011]
| Article 11 (Orders, etc. to Restore to Original State) |
| (1) | Where the captain of a ship or the forwarding agent applies for landing permission for alien passengers on board the ship prescribed by Ministerial Decree of Justice from among passenger ships making a tour and operating internationally in the seas of the Republic of Korea and foreign countries for the purpose of tourism, an immigration control official may grant landing permission for tourism to such alien passengers for up to three days: Provided, That this shall not apply to alien passengers falling under any of the subparagraphs of Article 11 (1). |
| (2) | Upon receipt of an application for landing permission filed under paragraph (1), an immigration control official shall verify following documents: |
| 1. | Passports of alien passengers; |
| 2. | A list of alien passengers; |
| 3. | Other documents prescribed by Ministerial Decree of Justice. |
| (3) | Article 14 (3) and (5) shall apply mutatis mutandis to landing permits for tourism and extensions of the period of landing permission under paragraph (1). In such cases, "crewman’s landing permit" shall be construed as "landing permit for tourism," "landing permission for crew" as "landing permission for tourism" and "alien crew member" as "alien passenger," respectively. |
| (4) | Article 12-2 shall apply mutatis mutandis to fingerprinting and photographing of alien passengers who intend to obtain landing permission for tourism under paragraph (1): Provided, That this shall not apply where it is impracticable for an alien passenger to be fingerprinted and photographed in following the procedures for obtaining landing permission. |
| (5) | Except as otherwise expressly provided for in paragraphs (1) through (4), criteria and procedures for the granting of landing permission for tourism and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Added on Jan. 26, 2012]
| Article 12 (Dispositions concerning Violations of Acts or Subordinate Statutes) |
| (1) | If a person falls under any of the following cases, the Minister of Environment may cancel permission rendered to him/her pursuant to this Act or order the person to suspend or alter his/her activities: Provided, That such permission must be cancelled if a person falls under subparagraph 1: |
| 1. | A person who obtains permission under Article 9 (1) by fraud or other wrongful means; |
| 2. | A person who breaches any condition or deadline of permission under Article 9 (2). |
| (2) | When the Minister of Environment intends to cancel permission pursuant to paragraph (1), he/she shall hold a hearing |
[This Article Wholly Amended by Act No. 10974, Jul. 28, 2011]
| Article 12-2 (Purchase of Land, etc.) |
| (1) | If the Minister of Environment deems it necessary for the conservation of natural ecosystems, etc. on a specified island, he/she may purchase land, buildings, or other articles (hereinafter referred to as "land, etc.") through negotiations with their owners. |
| (2) | When the Minister of Environment purchases land, etc. pursuant to paragraph (1), the purchase price of such land, etc. shall be calculated in accordance with the provisions of the Act on Acquisition of and Compensation for Land, etc. for Public Works. |
| (3) | Procedures for the purchase of land, etc. under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10974, Jul. 28, 2011]
| Article 12-3 Deleted. <by Act No. 10974, Jul. 28, 2011> |
| Article 13 (Delegation or Entrustment of Authority) |
| (1) | Authority of the Minister of Environment under this Act may be partially delegated to each Mayor/Do Governor or the head of each regional environmental office, as prescribed by Presidential Decree. |
| (2) | Duties of the Minister of Environment under this Act may be partially entrusted to an environment-related organization, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10974, Jul. 28, 2011]
A person who commits an activity falling under Article 8 (1) 1 through 11 and 13 (excluding an activity under Article 8 (2)) shall be punished by imprisonment with prison labor for not more than five years, or by a fine not exceeding fifty million won. <Amended by Act No. 12458, Mar. 18, 2014> [This Article Wholly Amended by Act No. 10974, Jul. 28, 2011]
| Article 15 (Joint Penal Provisions) |
If a representative of a corporation or an agent, employee, or other servant of a corporation or an individual commits an offense under Article 14 in connection with the business of the corporation or the individual, not only shall such an offender be punished, but also the corporation or the individual shall be punished by a fine under the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due care and supervision concerning the relevant duties to prevent such offense. [This Article Wholly Amended by Act No. 10974, Jul. 28, 2011]
| Article 16 (Fines for Negligence) |
| (1) | A person falling under any of the following subparagraphs shall be punished by a fine for negligence not exceeding three million won: |
| 1. | A person who refuses, interferes with, or evades an investigation, in violation of Article 7 (4); |
| 2. | A person who cooks food with inflammable substances or camps in a specified island, in violation of Article 8 (1) 12; |
| 3. | A person who fails to report or notify, in violation of Article 8 (3); |
| 4. | A person who gains access to a specified island, in violation of the restriction or prohibition of access under Article 10; |
| 5. | A person who fails to comply with an order issued under Article 11. |
| (2) | Fines for negligence under paragraph (1) shall be imposed and collected by the Minister of Environment, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10974, Jul. 28, 2011]
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures) Article 8 shall not apply to persons who were legitimately conducting activities under any subparagraph of Article 8 (1) in accordance with applicable Acts or subordinate statutes at the time this Act enters into force. |
ADDENDA <Act No. 5982, May 24, 1999>
| (1) | An employer of an alien granted status of stay that entitles the alien to engage in job-seeking activities under Article 18 (1) shall report any of the following circumstances to the head of the competent Regional Immigration Service within 15 days, as prescribed by Presidential Decree, if: <Amended on Mar. 18, 2014; Jun. 9, 2020> |
| 1. | He or she has dismissed the alien or the alien has resigned or died; |
| 2. | The whereabouts of the employed alien becomes unknown; |
| 3. | He or she has amended the important terms of the employment contract with the alien. |
| (2) | Paragraph (1) shall apply mutatis mutandis to the heads of establishments which provide aliens with industrial technology training pursuant to Article 19-2. |
| (4) | Upon receipt of a report under paragraph (1), the head of the competent Regional Immigration Service shall, without delay, give notice to the head of the employment security office defined in subparagraph 1 of Article 2-2 of the Employment Security Act having jurisdiction over the location of the employer of the alien in question, if the details of the report fall under paragraph (3). <Added on Oct. 15, 2014> |
[This Article Wholly Amended on May 14, 2010]
ADDENDA <Act No. 6846, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 7019, Dec. 30, 2003>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 6-2, 12-2, and 12-3 shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 7167, Feb. 9, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 30 Omitted.
ADDENDUM <Act No. 8465, May 17, 2007>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 9696, May 21, 2009>
| (1) | (Enforcement Date) This Act shall enter into on the date of its promulgation. |
| (2) | (Transitional Measure) Acts performed before this Act enters into force shall be governed by the former penal provisions. |
ADDENDA <Act No. 10612, Apr. 28, 2011>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Ongoing Activities) Any disposition, or any activity by or against an administrative agency as at the time this Act enters into force shall be construed as a disposition or any activity by or against an administrative agency under this Act. |
| (3) | (Transitional Measures concerning Si/Do-Specified Islands) Si/Do-specified islands designated and publicly notified by a Mayor/Do Governor pursuant to the former provisions as at the time this Act enters into force shall be construed as the specified islands designated and publicly notified under Article 4. |
ADDENDUM <Act No. 10974, Jul. 28, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10977, Jul. 28, 2011>
| (1) | Where any of the following aliens stays in the Republic of Korea without obtaining a status of stay under Article 10, he or she shall obtain a status of stay, as prescribed by Presidential Decree, within the period classified as follows: |
| 1. | An alien born in the Republic of Korea: 90 days from the date of his or her birth; |
| 2. | An alien who has any other reason, such as loss or renunciation of the nationality of the Republic of Korea while staying in the Republic of Korea: 60 days from the date such reason occurs. |
| (2) | Standards for examining whether to grant a status of stay under paragraph (1) shall be prescribed by Ministerial Decree of Justice. |
[This Article Wholly Amended on Jun. 9, 2020]
ADDENDA <Act No. 11257, Feb. 1, 2012>
| (1) | If an alien staying in the Republic of Korea intends to engage in any activity permitted under a status of stay not covered by his or her original status of stay, the alien shall obtain prior permission to change his or her original status of stay from the Minister of Justice, as prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
| (2) | A person who falls under any subparagraph of Article 31 (1) and intends to change his or her status of stay due to a change of his or her status shall obtain permission to change his or her original status of stay from the Minister of Justice within 30 days of the change of his or her status. |
| (3) | Standards for examining whether to grant permission to change a status of stay under paragraph (1) shall be prescribed by Ministerial Decree of Justice. <Added on Jun. 9, 2020> |
[This Article Wholly Amended on May 14, 2010]
ADDENDUM <Act No. 12458, Mar. 18, 2014>
| (1) | Every alien who intends to continue to stay in excess of the permitted period of stay shall obtain permission to extend his or her period of stay from the Minister of Justice before the expiration of the permitted period of stay, as prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
| (2) | Standards for examining whether to grant permission to extend the period of stay under paragraph (1) shall be prescribed by Ministerial Decree of Justice. <Added on Jun. 9, 2020> |
[This Article Wholly Amended on May 14, 2010]