REGISTRATION OF OVERSEAS KOREAN NATIONALS ACT
Wholly Amended by Act No. 6057, Dec. 28, 1999
Amended by Act No. 8435, May 17, 2007
Act No. 8682, Dec. 14, 2007
Act No. 11690, Mar. 23, 2013
Act No. 16026, Dec. 24, 2018
The purpose of this Act is to understand the current status of the nationals of the Republic of Korea residing or staying abroad by having them registered, in order to promote conveniences of their activities at home and abroad, execute relating administrative affairs properly, and contribute to the formulation of protection policies for them.
[This Article Wholly Amended by Act No. 8682, Dec. 14, 2007]
| Article 2 (Persons Subject to Registration) |
Any national of the Republic of Korea who stays in a certain area of a foreign country with the intention of residing or staying there continuously for a period in excess of 90 days shall register under this Act. <Amended by Act No. 16026, Dec. 24, 2018>
[This Article Wholly Amended by Act No. 8682, Dec. 14, 2007]
| Article 3 (Diplomatic Missions of Registration and Matters to Be Registered) |
Any overseas Korean national who intends to register under Article 2 (hereinafter referred to as "overseas Korean national subject to registration") shall register the following matters with an embassy, a consulate general, a consulate, a sub-consulate, or a consulate branch office (hereinafter referred to as "diplomatic mission of registration") of the Republic of Korea that has jurisdiction over his/her address or residence: <Amended by Act No. 8435, May 17, 2007; Act No. 16026, Dec. 24, 2018> | 2. | Resident registration number (referring to gender and the date of birth in cases of a person who has not completed resident registration in the Republic of Korea); |
| 4. | Place of registration (limited to a person whose family relation is registered); |
| 5. | Military service (limited to a male); |
| 6. | Date of the first entry into the country of stay (referring to the date of re-entry where a person leaves the country of stay to another country and re-enters the country of stay after more than 90 days); |
| 7. | Purpose and status of stay; |
| 8. | Address or residence in the country of stay (where there exists a separate address registered with the government of the country of stay, such address shall also be stated); |
| 9. | Telephone number in the country of stay; |
| 10. | Occupation and the name of the institution to which he/she belongs in the country of stay (limited to where a person has an occupation and belongs to an institution); |
| 11. | Email address (limited to where a person has an email address); |
| 12. | Contact information of a relative in the Republic of Korea (limited to where a person has a relative in the Republic of Korea). |
[This Article Wholly Amended by Act No. 8682, Dec. 14, 2007]
| Article 4 (Registration Period) |
Any overseas Korean national subject to registration shall register with the relevant diplomatic mission of registration within 90 days from the date of having his/her address or residence in a certain area of a foreign country. <Amended by Act No. 16026, Dec. 24, 2018>
[This Article Wholly Amended by Act No. 8682, Dec. 14, 2007]
| Article 5 (Prohibition of Duplicative Registration) |
Any overseas Korean national shall be prohibited from filing duplicate registrations.
[This Article Wholly Amended by Act No. 8682, Dec. 14, 2007]
| Article 6 (Administration of Registration of Overseas Korean Nationals) |
The head of diplomatic mission of registration shall keep the overseas Korean national register within the diplomatic mission concerned and submit a copy of such register to the Minister of Foreign Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 8682, Dec. 14, 2007]
| Article 7 (Certified Copy of Overseas Korean National Register) |
| (1) | Any overseas Korean national who has registered with a diplomatic mission of registration pursuant to Article 4 (hereinafter referred to as "registered overseas Korean national") may apply to the Minister of Foreign Affairs or the head of the relevant diplomatic mission of registration for the issuance of a certified copy of the overseas Korean national register. |
| (2) | A certified copy of the overseas Korean national register may be issued by means of a document, facsimile, or electronic document, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 16026, Dec. 24, 2018]
| Article 8 (Report on Change) |
When any registered matters in each subparagraph of Article 3 change, a registered overseas Korean national shall report such change within 30 days from the date of the change. <Amended by Act No. 16026, Dec. 24, 2018> [This Article Wholly Amended by Act No. 8682, Dec. 14, 2007]
| Article 9 (Report on Change in Address or Residence) |
| (1) | If a registered overseas Korean national changes his/her address or residence and belongs to the jurisdiction of a different diplomatic mission of registration, he/she shall file a report on the change of address or residence to the head of a diplomatic mission of registration having jurisdiction over his/her new address or residence (hereinafter referred to as "head of a diplomatic mission of registration at new address") within 90 days from the date of such change, notwithstanding Article 8. <Amended by Act No. 16026, Dec. 24, 2018> |
| (2) | Upon receiving a report on the change of address or residence under paragraph (1), the head of a diplomatic mission of registration at new address shall, without delay, notify the head of a diplomatic mission of registration having jurisdiction over old address or residence (hereinafter referred to as "head of a diplomatic mission of registration at old address"), by forwarding a request for transfer of the overseas Korean national register along with a copy of the report on the change of address or residence. <Amended by Act No. 16026, Dec. 24, 2018> |
| (3) | The head of a diplomatic mission of registration at old address who has been notified under paragraph (2) shall transfer the overseas Korean national register to the head of a diplomatic mission of registration at new address within 7 days from the date when he/she receives a request for transfer. |
| (4) | Where the head of a diplomatic mission of registration at new address receives the overseas Korean national register pursuant to paragraph (3), he/she shall file such register without delay, after comparing it with the details of the report on the change of address or residence referred to in paragraph (1). <Amended by Act No. 16026, Dec. 24, 2018> |
[This Article Wholly Amended by Act No. 8682, Dec. 14, 2007]
| Article 9-2 (Report on Return from Overseas) |
Where a registered overseas Korean national returns from overseas with the intention of residing or staying continuously in the Republic of Korea for a period exceeding 90 days, he/she shall report such fact to the Minister of Foreign Affairs within 90 days from the date of his/her return from overseas.
[This Article Newly Inserted by Act No. 16026, Dec. 24, 2018]
| Article 9-3 (Cancellation of Registration) |
Where a registered overseas Korean national falls under any of the following cases, the Minister of Foreign Affairs or the head of the relevant diplomatic mission of registration shall cancel his/her registration:
| 1. | Where he/she reports his/her return from overseas under Article 9-2; |
| 2. | Where he/she does not reside continuously in his/her registered area for a period in excess of 183 days; |
| 3. | Where he/she resides continuously in the Republic of Korea for at least 183 days; |
| 4. | Where he/she loses his/her nationality of the Republic of Korea or dies. |
[This Article Newly Inserted by Act No. 16026, Dec. 24, 2018]
| Article 10 (Administration of Overseas Korean National Registration through Data Processing) |
Where registered matters referred to in Article 3 are processed by computerized data-processing system, computer files regarding overseas Korean national register (referring to the recording and keeping of data using magnetic tapes, magnetic disks and other similar methods) shall be deemed overseas Korean national registers under Article 6. [This Article Wholly Amended by Act No. 8682, Dec. 14, 2007]
| Article 11 (Methods of Registration and Report) |
The applications for registration and for issuance of a certified copy of the overseas Korean national register, a report on change, a report on change in address or residence, and a report on return from overseas under Articles 3, 7 through 9, and 9-2 may be filed in the following methods, as prescribed by Presidential Decree: <Amended by Act No. 16026, Dec. 24, 2018> [This Article Wholly Amended by Act No. 8682, Dec. 14, 2007]
| Article 12 (Request for Data) |
| (1) | The Minister of Foreign Affairs may request the heads of relevant agencies to provide the following data on a person subject to the cancellation of registration under Article 9-3, which are necessary to conduct fact-finding investigations in order to ascertain such person: |
| 1. | Electronic data on registered matters concerning family relations under Article 9 (1) of the Act on the Registration of Family Relationships; |
| 2. | Data concerning entries into and departures from the Republic of Korea; |
| 3. | Data concerning the loss of nationality of the Republic of Korea. |
| (2) | The heads of relevant agencies who are requested to provide data under paragraph (1) shall not refuse such request without good cause. |
[This Article Newly Inserted by Act No. 16026, Dec. 24, 2018]
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force two months after the date of its promulgation. |
| (2) | (Transitional Measures) Any overseas Korean national who filed a registration under the previous provisions at the time of enforcing this Act shall be deemed to have completed a registration under this Act. |
ADDENDA <Act No. 8435, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2008. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 8682, Dec. 14, 2007>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 16026, Dec. 24, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Report on Return from Overseas)
The amended provisions of Article 9-2 shall apply, beginning with a person who returns to the Republic of Korea from overseas after this Act enters into force.