EMIGRATION ACT
Act No. 1030, Mar. 9, 1962
Amended by Act No. 1271, Feb. 9, 1963
Act No. 1439, Nov. 5, 1963
Act No. 2531, Feb. 16, 1973
Act No. 3552, Apr. 2, 1982
Act No. 3672, Dec. 30, 1983
Act No. 4413, Dec. 14, 1991
Act No. 4602, Dec. 27, 1993
Act No. 5453, Dec. 13, 1997
Act No. 5754, Feb. 5, 1999
Act No. 8683, Dec. 14, 2007
Act No. 9286, Dec. 31, 2008
Act No. 9877, Dec. 30, 2009
Act No. 11690, Mar. 23, 2013
Act No. 12276, Jan. 21, 2014
Act No. 12772, Oct. 15, 2014
Act No. 13629, Dec. 29, 2015
Act No. 14406, Dec. 20, 2016
Act No. 15430, Mar. 13, 2018
The purpose of this Act is to prescribe matters necessary to help people who emigrate to overseas and to facilitate procedures for emigration.
[This Article Wholly Amended by Act No. 9286, Dec. 31, 2008]
"Emigrants" in this Act mean persons who emigrate to foreign countries to make a living and their families (referring to persons who are related to emigrants as prescribed by Article 779 of the Civil Act), or the persons who emigrate to foreign countries for marriage with foreigners (including marriage with nationals of the Republic of Korea who have obtained permanent residence in foreign countries) or any other special relationship with foreigners. [This Article Wholly Amended by Act No. 9286, Dec. 31, 2008]
| Article 3 (Restriction on Emigration) |
| (1) | Any person falling under any of the following subparagraphs shall not be permitted to emigrate overseas under this Act: |
| 1. | A person who has been evading military service; |
| 2. | A person for whom his/her imprisonment without prison labor or severer punishment declared by a court has been not completely executed or the non-execution of such sentence has not become final. |
| (2) | Any person who is prescribed by Presidential Decree, such as an active duty soldier or full-time reservist, who is performing military service or fulfilling mandatory service pursuant to the Military Service Act, shall not be permitted to emigrate overseas under this Act unless his whole family members in the scope prescribed by Presidential Decree emigrate overseas. <Newly Inserted by Act No. 14406, Dec. 20, 2016> |
| (3) | Any person who is prescribed by Presidential Decree, such as an officer or warrant officer in active duty, shall not be permitted to emigrate overseas under this Act unless the relevant military service or mandatory service is completed or exempted. <Newly Inserted by Act No. 14406, Dec. 20, 2016> |
[This Article Wholly Amended by Act No. 9286, Dec. 31, 2008]
| Article 4 (Categories of Emigration) |
Emigration prescribed in this Act shall be categorized as follows: <Amended by Act No. 14406, Dec. 20, 2016>
| 1. | Relationship-based emigration: Emigration based on marriage, engagement, or kinship; |
| 2. | Non-relationship-based emigration: Emigration based on reasons other than those provided for in subparagraphs 1 and 3, including emigration for employment based on employment contracts with foreign companies, and emigration for business based on contracts between emigration agents prescribed in Article 10 (3) and government agencies, emigration agencies, or business owners in immigration countries, or based on permission granted by government agencies of immigration countries; |
| 3. | Locally obtained emigration: Emigration by persons who had left Korea for reasons other than emigration, but obtained the permanent residency or other long-term residency equivalent thereto. |
[This Article Wholly Amended by Act No. 9286, Dec. 31, 2008]
| Article 5 Deleted. <by Act No. 5754, Feb. 5, 1999> |
| Article 6 (Report of Emigration) |
Any person falling under any of the following subparagraphs shall report to the Minister of Foreign Affairs in accordance with Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14406, Dec. 20, 2016>
| 1. | Any person who seeks relationship-based emigration or non-relationship-based emigration; |
| 2. | Any person who has emigrated overseas in the form of locally obtained emigration. |
[This Article Wholly Amended by Act No. 9286, Dec. 31, 2008]
| Article 7 Deleted. <by Act No. 4602, Dec. 27, 1993> |
| Article 8 (Overseas Transfer of Property) |
[This Article Wholly Amended by Act No. 9286, Dec. 31, 2008]
| Article 9 Deleted. <by Act No. 5754, Feb. 5, 1999> |
| Article 10 (Registration, etc. of Emigration Agency Business) |
| (1) | Any person who intends to engage in the business of soliciting emigrants, emigration agency, or the following business affairs concerning emigration (hereinafter referred to as "emigration agency business") shall register with the Minister of Foreign Affairs: <Amended by Act No. 9877, Dec. 30, 2009; Act No. 11690, Mar. 23, 2013> |
| 1. | Report of emigration on behalf of emigrants; |
| 2. | Application processes for the issuance of entry visas on behalf of emigrants; |
| 3. | Counselling and guidance related to emigration; |
| 4. | Support of migration and settlement of emigrants. |
| (2) | A capital and guaranty insurance money required for registration under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
| (3) | When registered matters are modified, a person who has registered the emigration agency business under paragraph (1) (hereinafter referred to as "migration agent") shall register such modification within one month from the date the reason therefor arises: Provided, That the same shall not apply where he/she intends to modify minor matters prescribed by Ordinance of the Ministry of Foreign Affairs. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Deleted. <by Act No. 13629, Dec. 29, 2015> |
| (5) | A migration agent shall post a certificate of registration and the details of fees and charges on bulletin boards at his/her place of business. <Amended by Act No. 13629, Dec. 29, 2015> |
[This Article Wholly Amended by Act No. 9286, Dec. 31, 2008]
| Article 10-2 (Disqualifications for Registration) |
| (1) | No person other than a corporation shall register emigration agency business. |
| (2) | A corporation whose executive officers fall under any of the following subparagraphs shall not register emigration agency business: <Amended by Act No. 12772, Oct. 15, 2014; Act No. 14406, Dec. 20, 2016> |
| 1. | Persons who shall not emigrate overseas pursuant to Article 3 (1) 2; |
| 2. | Persons under adult guardianship or persons under limited guardianship; |
| 3. | Persons who were executive officers of a corporation at the time the registration of the corporation was revoked under this Act and for whom three years have not yet elapsed since such revocation (excluding a case where the registration was revoked in accordance with subparagraph 2). |
[This Article Wholly Amended by Act No. 9286, Dec. 31, 2008]
| Article 10-3 (Report of Relocation, etc. of Business Place) |
| (1) | If an emigration agent intends to move his/her place of business or establish a branch office, or intends to transfer his/her business or merge with another emigration agent, he/she shall report to the Minister of Foreign Affairs. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Where an emigration agent intends to suspend or discontinue or resume the business, he/she shall report such to the Minister of Foreign Affairs pursuant to Ordinance of the Ministry of Foreign Affairs. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | The Minister of Foreign Affairs shall inform a reporter as to whether a report is accepted, within 10 days from the date of receiving the report filed under paragraphs (1) and (2). <Newly Inserted by Act No. 15430, Mar. 13, 2018> |
| (4) | If the Minister of Foreign Affairs does not inform, within specified period referred to in paragraph (3), a reporter as to whether the report is accepted or that the period of handling civil petitions is prolonged pursuant to related statutes, such report shall be deemed to have been accepted on the following day of the end of the specified period. <Newly Inserted by Act No. 15430, Mar. 13, 2018> |
[This Article Wholly Amended by Act No. 9286, Dec. 31, 2008]
| Article 10-4 (Prohibited Conducts of Emigration Agents) |
Emigration agents shall be prohibited from engaging in the following:
| 1. | Soliciting emigrants or engaging in emigration agency by deceit or other wrongful means; |
| 2. | Engaging in acts of impairing the national dignity, including violation of statutes of the immigration countries, etc.; |
| 3. | Engaging in other acts of impairing the orderly functioning of emigration agency business including false or exaggerated advertisements, provision of false information, unreasonable charge of agency fees or commissions, etc. |
[This Article Wholly Amended by Act No. 9286, Dec. 31, 2008]
| Article 10-5 (Revocation, etc. of Registration of Emigration Agency Business) |
| (1) | If an emigration agent falls under any of the following subparagraphs, the Minister of Foreign Affairs shall revoke his/her registration: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Where an emigration agent is registered as prescribed in Article 10 (1) by deceitful means or other wrongful means; |
| 2. | Where an executive officer of an emigration agency falls under any subparagraph of Article 10-2 (2): Provided, that this shall not apply if a new executive office is appointed by replacing the relevant executive officer within three months; |
| 3. | Where an emigration agent violates the provisions of subparagraph 1 of Article 10-4. |
| (2) | If an emigration agent falls under any of the following subparagraphs, the Minister of Foreign Affairs may revoke his/her registration or issue an order to suspend all or part of his/her business for the prescribed period of not more than six months: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13629, Dec. 29, 2015> |
| 1. | Where an emigration agent fails to commence his/her business within three months from the registration date without any justifiable reason; |
| 2. | Where an emigration agent fails to meet registration requirements prescribed in Article 10 (2); |
| 3. | Where an emigration agent fails to register modifications prescribed in Article 10 (3); |
| 4. | Where an emigration agent fails to post a certificate of registration and the details of agency fees and commissions on bulletin boards at his/her place of business in violation of Article 10 (5); |
| 5. | Where an emigration agent fails to report relocation of the place of business, establishment of a branch office, transfer of business, merger with another emigration agent, or suspension or resumption of the business prescribed in Article 10-3; |
| 6. | Where an emigration agent violates subparagraphs 2 and 3 of Article 10-4. |
[This Article Wholly Amended by Act No. 9286, Dec. 31, 2008]
If the Minister of Foreign Affairs intends to revoke the registration of an emigration agent or to issue orders to suspend the business under Article 10-5, he/she shall hold a hearing. <Amended by Act No. 11690, Mar. 23, 2013> [This Article Wholly Amended by Act No. 9286, Dec. 31, 2008]
| Article 11 (Renunciation of Emigration) |
Any person who has reported emigration under Article 6 but renounces the emigration due to changed circumstances or any other reasons before departing from Korea, shall submit, to the Minister of Foreign Affairs, such documents substantiating his/her renunciation of emigration prescribed in Ordinance of the Ministry of Foreign Affairs. In such cases, the key person of such emigration reporters shall not renounce to emigrate separately from other reporters. <Amended by Act No. 11690, Mar. 23, 2013> [This Article Wholly Amended by Act No. 9286, Dec. 31, 2008]
| Article 12 (Report of Permanent Return from Overseas) |
Where a person who has emigrated and obtained the permanent residency or other equivalent long-term residency thereto intends to return to Korea from overseas permanently for purposes such as to earn his/her living in Korea, he/she shall report to the Minister of Foreign Affairs by filing documents substantiating his/her permanent return from overseas in accordance with Ordinance of the Ministry of Foreign Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9286, Dec. 31, 2008]
| Article 13 Deleted. <by Act No. 5754, Feb. 5, 1999> |
Any person who intends to obtain a written confirmation of emigration shall pay fees as provided for in Ordinance of the Ministry of Foreign Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9286, Dec. 31, 2008]
| Article 15 (Penalty Provisions) |
| (1) | Any person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: <Amended by Act No. 12276, Jan. 21, 2014> |
| 1. | A person who conducts an emigration agency business without making registration prescribed in Article 10 (1); |
| 2. | A person who solicits emigrants or acts as an agent by deceit or other wrongful means in violation of subparagraph 1 of Article 10-4. |
| (2) | Any person who provides false information in the written report of emigration submitted under Article 6 shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won. <Amended by Act No. 12276, Jan. 21, 2014> |
[This Article Wholly Amended by Act No. 9286, Dec. 31, 2008]
| Article 16 (Joint Penalty Provisions) |
Where the representative of a corporation, or an agent or employee of, or other persons employed by, the corporation or an individual commits any violations described in Article 15 (1) in conducting the business affairs of the corporation or individual, the corporation or individual shall, in addition to punishing the violators accordingly, be subject to a fine prescribed in that Article. in addition to punishment of the person who has actually committed such act: Provided, That if the said corporation or individual provided considerable attention and supervision over the relevant affairs in order to prevent such act of violation, this shall not apply. [This Article Wholly Amended by Act No. 9286, Dec. 31, 2008]
| Article 17 Deleted. <by Act No. 5754, Feb. 5, 1999> |
ADDENDUM
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 1271, Feb. 9, 1963>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 1439, Nov. 5, 1963>
This Act shall enter into force 30 days after the date of its promulgation.
ADDENDUM <Act No. 2531, Feb. 16, 1973>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 3552, Apr. 2, 1982>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures on Emigration Arrangement Agent) Incorporated foundations which obtained permission for emigration agency business under the previous provisions at the time this Act enters into force, shall be deemed to have obtained the permission in accordance with this Act, except for the requirement that the necessary conditions for permission prescribed in Article 10 (2) be satisfied within one year after the promulgation day of this Act. |
ADDENDA <Act No. 3672, Dec. 30, 1983>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 1984. |
| (2) | (Transitional Measures on Persons who have Obtained Permission for Emigration, etc.) Persons who have obtained permission for emigration under the previous provisions before this Act enters into force, shall be deemed as persons who have obtained the decision of qualification for emigration in accordance with amended Article 6 of this Act, and corporations who have obtained permission for emigration agency business under the previous provisions before this Act enters into force, shall be deemed as corporations who have obtained permission for emigration agency business in accordance with amended Article 10 of this Act. |
ADDENDA <Act No. 4413, Dec. 14, 1991>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures on Persons who have Obtained Decision of Qualification for Emigration) Persons who have obtained the decision of qualification for emigration under the previous provisions before this Act enters into force shall be deemed as persons who have reported their emigration in accordance with this Act. |
ADDENDUM <Act No. 4602, Dec. 27, 1993>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 5754, Feb. 5, 1999>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Transitional Measures on Emigration Agent) A person who has obtained permission of emigration agency business under the previous provisions shall be deemed to be a person who has registered the emigration agency business under this Act when this Act enters into force: Provided, That if the requisites for registration as referred to in the amended provisions of Article 10 (2) are not met, such requisites for registration shall be met within six months after this Act enters into force, and the executive officers falling under disqualifications for registration referred to in the amended provisions of Article 10-2 (2) shall be replaced within six months after this Act enters into force. |
| (3) | (Transitional Measures on Penalty Provisions) The application of penalty provisions to acts taken before this Act enters into force shall be pursuant to the previous provisions. |
ADDENDUM <Act No. 8683, Dec. 14, 2007>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 9286, Dec. 31, 2008>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 10-5 (2) 3 shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 9877, Dec. 30, 2009>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force three months after the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 12276, Jan. 21, 2014>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 12772, Oct. 15, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures on Incompetent Persons, etc.)
Notwithstanding the amended provisions of subparagraph 2 of Article 10-2 (2), previous provisions shall apply to a person for whom the declaration of incompetence or quasi-incompetence remains effective pursuant to Article 2 of Addenda to the Civil Act (Act No.10429).
ADDENDA <Act No. 13629, Dec. 29, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures on Administrative Measures, etc.)
With respect to the administrative measures concerning violations committed before this Act enters into force, previous provisions shall apply.
ADDENDA <Act No. 14406, Dec. 20, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Article 10-2 (2) 3 shall enter into force on the date of its promulgation.
Article 2 (Applicability to Report of Locally Obtained Emigration)
The amended provisions of Article 6 shall also apply to the persons who have emigrated overseas before this Act enters into force.
Article 3 (Transitional Measures on Persons Excluded from Locally Obtained Emigration)
Notwithstanding the amended provisions of the proviso to subparagraph 3 of Article 4, previous provisions shall apply to the overseas Koreans who have been living in a foreign country since before August 15, 1945 and who have been excluded from locally obtained emigration before this Act enters into force.
ADDENDA <Act No. 15430, Mar. 13, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Article 2 (Applicability to Reports on Relocation of Place of Business, etc.)
The amended provisions of Article 10-3 (3) and (4) shall apply from the cases where reports are made on the relocation of the place of business, establishment of a branch office, transfer of business, merger with another emigration agent, or suspension, resumption, or closure of the business after this Act enters into force.