ENFORCEMENT DECREE OF THE FRAMEWORK ACT ON TREATMENT OF FOREIGNERS RESIDING IN THE REPUBLIC OF KOREA
Presidential Decree No. 20170, Jul. 18, 2007
Amended by Presidential Decree No. 20674, Feb. 29, 2008
Presidential Decree No. 21214, Dec. 31, 2008
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 22269, Jul. 12, 2010
Presidential Decree No. 24415, Mar. 23, 2013
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 28211, Jul. 26, 2017
| Article 2 (Formulation of Basic Plans for Policies on Foreigners) |
| (2) | The heads of relevant central administrative agencies shall prepare their draft basic plans under their jurisdictions in accordance with the guidelines on formulating basic plans under paragraph (1) and submit such draft basic plans to the Minister of Justice, and the Minister of Justice shall compile such draft basic plans submitted and formulate a basic plan specified in Article 5 (1) of the Act. |
| (3) | When a basic plan is finalized under Article 5 (3) of the Act, the Minister of Justice shall inform it to the heads of relevant central administrative agencies and local governments. |
| Article 3 (Amendments to Basic Plans) |
| (1) | If the head of a relevant central administrative agency intends to make amendments under his/her jurisdiction to a finalized basic plan, he/she shall prepare an amended version of the basic plan and submit it to the Minister of Justice. |
| (2) | Considering an amended version of the basic plan under paragraph (1), the Minister of Justice shall amend and finalize the basic plan under Article 5 (3) of the Act. |
| Article 4 (Formulation of Annual Implementation Plans) |
| (1) | The Minister of Justice shall decide guidelines on formulating annual implementation plans (hereinafter referred to as "implementation plan") specified in Article 6 (1) and (2) of the Act and inform such guidelines to the heads of relevant central administrative agencies and local governments by the end of July every year, in order to effectively formulate implementation plans. |
| (2) | The heads of relevant central administrative agencies shall formulate their annual implementation plans under their jurisdiction for the next year in accordance with the guidelines on formulating implementation plans under paragraph (1), and inform such plans to the heads of local governments. |
| (3) | The heads of relevant central administrative agencies shall compile implementation plans formulated by the heads of local governments under Article 6 (2) of the Act, to the annual implementation plan for the next year, and submit it under their jurisdiction to the Minister of Justice by the end of October every year, pursuant to Article 6 (4) of the Act. |
| (4) | After an implementation plan submitted to the Minister of Justice under paragraph (3) is reviewed and coordinated by the Foreigner Policy Committee specified in Article 8 of the Act (hereinafter referred to as the "Committee"), the Minister of Justice shall inform the heads of relevant central administrative agencies and local governments of the results thereof. |
| Article 5 (Implementation Performance and Results of Evaluation of Implementation Plans) |
| (1) | The Minister of Justice shall in advance decide guidelines on preparing implementation performance and results of evaluation and inform the heads of relevant central administrative agencies and local governments of such guidelines, in order to effectively prepare the implementation performance and results of evaluation for the previous year under Article 6 (4) and (5) of the Act. |
| (2) | The heads of local governments shall prepare their implementation performance and results of evaluation for the previous year, according to the guidelines on preparing implementation performance and results of evaluation under paragraph (1), and submit such to the heads of relevant central administrative agencies by the end of January every year. |
| (3) | The heads of relevant central administrative agencies shall compile the implementation performance and results of evaluation for the previous year submitted by the heads of local governments under paragraph (2) to the implementation performance and results of evaluation for the previous year and submit it under their jurisdiction to the Minister of Justice by the end of February every year, pursuant to Article 6 (4) of the Act. |
| (4) | The Minister of Justice shall compile the implementation performance and results of evaluation for the previous year submitted under paragraph (3), send the results to the Committee for review and coordination, and inform the heads of relevant central administrative agencies and local governments of the results of such review and coordination. |
| (5) | The heads of relevant central administrative agencies and local governments shall reflect the results informed under paragraph (4) to the formulation and implementation of their annual implementation plans under their jurisdiction for the next year. |
| (6) | The Minister of Justice may compile and examine the implementation status of implementation plans by quarter, and take necessary measures for the heads of relevant central administrative agencies and local governments to share the results of examination. |
| Article 6 (Cooperation in Work) |
"Heads of public organizations determined by Presidential Decree" in Article 7 (1) of the Act means the heads of the following agencies or organizations: | 3. | Local government-invested public corporations and local government public corporations established under the Local Public Enterprises Act; |
| 4. | Special corporations established under special Acts; |
| Article 7 (Organization and Operation of Committee) |
| (1) | “Heads of central administrative agencies determined by Presidential Decree" in Article 8 (3) 1 of the Act means the Minister of Strategy and Finance; Minister of Education; Minister of Science and ICT; Minister of Foreign Affairs; Minister of Justice; Minister of the Interior and Safety; Minster of Culture, Sports and Tourism; Minister of Agriculture, Food and Rural Affairs; Minister of Trade, Industry and Energy; Minister of Health and Welfare; Minister of Employment and Labor; Minister of Gender Equality and Family; Minister of Land, Infrastructure and Transport; Minster of Oceans and Fisheries; Minister of SMEs and Startups; and other heads of central administrative agencies that the chairperson of the Committee (hereinafter referred to as "Chairperson") deems necessary through resolution by the Committee. <Amended by Presidential Decree No. 20674, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 24415, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (3) | The term of office of members appointed under paragraph (2) shall be three years. |
| (4) | The Chairperson may invite the heads of administrative agencies (including the Director of the National Intelligence Service and the Minister of the Prime Minister's Office), the heads of local governments, and the heads of agencies or organizations specified under Article 6, who are relevant to the pending issues of deliberation, to a meeting, if he/she deems necessary. <Amended by Presidential Decree No. 21214, Dec. 31, 2008; Presidential Decree No. 24415, Mar. 23, 2013> |
| Article 7-2 (Dismissal of Committee Members) |
Where a member appointed under Article 7 (2) falls under any of the following, the Chairperson may dismiss the relevant member: | 1. | Where he/she becomes unable to perform his/her duties due to mental disabilities; |
| 2. | Where he/she engages in any misconduct in connection with his/her duties; |
| 3. | Where he/she is deemed unsuitable as a member due to neglect of his/her duties, injury to dignity or on other grounds; |
| 4. | Where he/she personally expresses that it is impracticable to perform his/her duties. |
[This Article Newly Inserted by Presidential Decree No. 27129, May 10, 2016]
| (1) | The Chairperson shall represent the Committee and be in charge of the overall management of the Committee. |
| (2) | The Minister of Justice shall act on the Chairperson’s behalf when the Chairperson is unable to conduct any of his/her duties due to unavoidable causes. |
| Article 9 (Meetings of Committee) |
| (1) | The Chairperson shall convene and chair meetings of the Committee. |
| (2) | To convene a meeting, the Chairperson shall notify members and participants of a meeting pursuant to Article 7 (4), on the date, time, venue, and pending issues for deliberation, in writing, at least five days before the meeting: Provided, That the same shall not apply where the meeting shall be convened in an emergency or other inevitable circumstance exist. |
| (3) | The quorum for opening a meeting shall be a majority of all incumbent members, and the quorum for passing a resolution shall be a majority of those present in the meeting. |
The Committee shall have one secretary to manage its affairs, and the secretary shall be the Commissioner of the Korea Immigration Service within the Ministry of Justice.
| Article 11 (Composition and Operation of Working Committee) |
| (1) | The Foreigner Policy Working Committee (hereinafter referred to as "Working Committee") provided for in Article 8 (4) of the Act shall be comprised of up to 30 members, including one chairperson, and the chairperson shall be the Vice Minister of Justice, and the other committee members shall be those falling under one of the followings: <Amended by Presidential Decree No. 20674, Feb. 29, 2008; Presidential Decree No. 24415, Mar. 23, 2013> |
| 1. | Public officials in the Senior Civil Service of administrative agencies to which the heads of central administrative agencies specified in Article 7 (1), the Director of the National Intelligence Service, and the Minister of the Office for Government Policy Coordination belong, or other designated public officials of Grade 1 to Grade 3 who are not in the Senior Civil Service; |
| 2. | Persons appointed by the chairperson of the Working Committee, from among persons who have abundant expertise and experience in foreigner policy. |
| (2) | The chairperson of the Working Committee may invite persons designated by the heads of administrative agencies, the heads of local governments, or the heads of agencies or organizations specified under Article 6, who are relevant to the pending issues of the Working Committee, to a meeting of the Working Committee, if he/she deems necessary. |
| (3) | The Working Committee shall establish subcommittees by sector for research, review, or consultation regarding any of the following: |
| 1. | Among pending issues, matters the Working Committee acknowledges consultation on which is necessary as members have differences of opinion thereon; |
| 2. | Among implementation performance and results of evaluation under Article 5, matters regarding pending issues which shall be handled by the Working Committee; |
| 3. | Other matters to which the Working Committee gives mandate. |
| Article 11-2 (Dismissal of Working Committee Members) |
Article 7-2 shall apply mutatis mutandis to dismissal of members of the Working Committee (limited to members appointed under Article 11 (1) 2). In this case, "Chairperson" shall be deemed "Chairperson of the Working Committee." [This Article Newly Inserted by Presidential Decree No. 27129, May 10, 2016]
| Article 12 (Allowances, etc.) |
Members who attend the meetings of the Committee, Working Committee, or subcommittee may be paid allowances, travel expenses, and other costs, within budgetary limits: Provided, That the same shall not apply when public officials attend the meeting to address the issue directly related to his/her duty.
| Article 13 (Detailed Operational Rules) |
Except as expressly provided for in this Decree, matters necessary for the composition and operation of the Committee shall be prescribed by the Chairperson of the Committee, following resolution by the Committee, and matters necessary for the composition and operation of the Working Committee and subcommittee shall be prescribed by the chairperson of the Working Committee, following resolution by the Working Committee.
| Article 14 (Outsourcing Policy Research, etc.) |
The Minister of Justice may outsource status surveys or research to research institutes, colleges, or other agencies or organizations deemed necessary, for the effective fulfillment of duties specified in each subparagraph of Article 9 (1) of the Act.
| Article 15 (Category, etc. of Former Korean Nationals) |
| (1) | "Those determined by Presidential Decree" in Article 17 of the Act means those who prove they or one of their parents or grandparents had Korean nationality, except any of the following persons: |
| (2) | The heads of central administrative agencies and the heads of local governments may seek advice or cooperation from the heads of relevant administrative agencies, the heads of local governments, and the heads of other agencies or organizations specified under Article 6, to review whether the treatment under Article 17 of the Act satisfies national security, social order, and public interest of the Republic of Korea, or to confirm matters falling under each subparagraph of paragraph (1). |
| Article 16 (Civil Service and Consultation for Foreigners) |
"Persons determined by Presidential Decree" in Article 20 (2) of the Act means foreigners who reside in the Republic of Korea.
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
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.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 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.
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. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That, among the Presidential Decrees amended pursuant to Article 5 of the Addenda, each amended provision of a Presidential Decree, promulgated before this Decree enters into force, but the date on which it is to enter into force, has not arrived, shall enter into force on the date the relevant Presidential Decree enters into force, respectively.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 27129, May 10, 2016>
This Decree shall enter into force on the date of its promulgation.
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 pursuant to Article 8 of the Addenda, each amended provision of a Presidential Decree, promulgated before this Decree enters into force, but the date on which it is to enter into force, has not arrived, shall enter into force on the date the relevant Presidential Decree enters into force, respectively.
Articles 2 through 8 Omitted.