ENFORCEMENT DECREE OF THE PASSPORT ACT
Wholly Amended by Presidential Decree No. 20857, jun. 25, 2008
Amended by Presidential Decree No. 21614, Jul. 7, 2009
Presidential Decree No. 21914, Dec. 30, 2009
Presidential Decree No. 22564, Dec. 29, 2010
Presidential Decree No. 23181, Sep. 30, 2011
Presidential Decree No. 23847, jun. 8, 2012
Presidential Decree No. 24089, Sep. 7, 2012
Presidential Decree No. 24459, Mar. 23, 2013
Presidential Decree No. 24852, Nov. 20, 2013
Presidential Decree No. 25106, Jan. 21, 2014
Presidential Decree No. 26043, Jan. 12, 2015
Presidential Decree No. 27166, May 13, 2016
Presidential Decree No. 27620, Nov. 29, 2016
Presidential Decree No. 28146, jun. 27, 2017
Presidential Decree No. 28473, Dec. 19, 2017
Presidential Decree No. 28782, Apr. 3, 2018
Presidential Decree No. 29187, Sep. 28, 2018
Presidential Decree No. 30182, Nov. 5, 2019
CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to provide for matters delegated by the Passport Act and those necessary for its enforcement.
| Article 2 (Dimensions of Passport) |
| (1) | The dimensions of a passport and a certificate substituted for a passport (hereinafter referred to as "travel certificate") under Article 14 (1) of the Passport Act (hereinafter referred to as the "Act") shall be 8.8 centimeters wide and 12.5 centimeters long. |
| (2) | The name of the Republic of Korea and classification of a passport shall be inscribed in Korean and Roman alphabet at the top and bottom of the cover of each passport and travel certificate (hereinafter referred to as "passport, etc."), respectively, and the national emblem shall be inscribed at the center of their cover: Provided, That in cases of a passport in which information referred to in Article 7 (1) of the Act is electronically stated, a mark shall be added to the bottom of its cover indicating that information is electronically included according to standards determined by the International Civil Aviation Organization. <Amended by Presidential Decree No. 28782, Apr. 3, 2018> |
| (3) | The color tone of the cover of a passport, etc. and the number of its pages according to the classification of a passport, etc. shall be as follows: <Amended by Presidential Decree No. 21914, Dec. 30, 2009; Presidential Decree No. 25106, Jan. 21, 2014; Presidential Decree No. 26043, Jan. 12, 2015> |
| 1. | Ordinary passport: Green (single-use: 12 pages, multiple: 24 or 48 pages): Provided, That a multiple passport the term of validity of which is shorter than five years shall have 24 pages and a single-use passport with a photograph attached shall have 14 pages; |
| 2. | Official passport: Yellowish brown (24 or 48 pages); |
| 3. | Diplomatic passport: Indigo (24 or 48 pages); |
| 4. | Travel certificate: Light blue (8 pages): Provided, That a travel certificate with a photograph attached shall have 10 pages. |
| Article 3 (Information Stated in Passport and Method of Stating Information) |
| (1) | Information referred to in each subparagraph of Article 7 (1) of the Act shall be printed on the page for identity information in the passport and shall be electronically stated in the passport. In such cases, the name of a passport holder written in the Roman alphabet (hereinafter referred to as "name in Roman alphabet") shall be based on his/her Korean name in accordance with the relevant provisions of the International Civil Aviation Organization, and detailed matters related thereto shall be prescribed by Ordinance of the Ministry of Foreign Affairs. <Amended by Presidential Decree No. 21914, Dec. 30, 2009; Presidential Decree No. 23181, Sep. 30, 2011; Presidential Decree No. 23847, Jun. 8, 2012; Presidential Decree No. 24459, Mar. 23, 2013; Presidential Decree No. 28782, Apr. 3, 2018> |
| (2) | In any of the following cases, information of the passport, etc. need not be stated electronically under the proviso of Article 7 (2) of the Act (including cases applied mutatis mutandis in accordance with Article 14 (3) of the Act): <Amended by Presidential Decree No. 21914, Dec. 30, 2009; Presidential Decree No. 24459, Mar. 23, 2013> |
| 1. | Where a single-use passport is issued under Article 6 (1) 1 of the Act in a circumstance deemed by the Minister of Foreign Affairs so urgent that there is insufficient time to be issued or reissued a passport; |
| 2. | Where a travel certificate is issued. |
| (3) | The following persons need not provide their fingerprints when applying for the issuance of a passport under the proviso of Article 9 (1) of the Act: <Amended by Presidential Decree No. 21914, Dec. 30, 2009; Presidential Decree No. 28146, Jun. 27, 2017> |
| 1. | Those who cannot have their fingerprints taken due to medical reasons; |
| (4) | A passport printed in braille designed for visually impaired persons under Article 9 (2) of the Act shall have a transparent sticker printed in braille to state the passport number, name in Roman alphabet, date of issue, and date of expiry. <Newly Inserted by Presidential Decree No. 28146, Jun. 27, 2017; Presidential Decree No. 28782, Apr. 3, 2018> |
| Article 3-2 (Change of Name in Roman Alphabet on Passport) |
| (1) | Where any of the following reasons is deemed to exist, at request of a person wishing to be reissued his/her passport due to its expired effect or other reasons, the Minister of Foreign Affairs may correct or change the person’s name in Roman alphabet among the information stated in the passport under Article 3: Provided, That where it is deemed that the correction or change of the name in Roman alphabet is certainly intended to be used for criminal or other illegal purposes, the Minister of Foreign Affairs may refuse such correction or change: <Amended by Presidential Decree No. 24089, Sep. 7, 2012; Presidential Decree No. 24459, Mar. 23, 2013; Presidential Decree No. 28782, Apr. 3, 2018> |
| 1. | Where the pronunciation of the name in Roman alphabet stated in the passport is clearly different from that of his/her Korean name: Provided, That this shall not apply to a person whose name in Roman alphabet in the passport, used for the relevant Korean name, is the same as the name in Roman alphabet used by a person who exceeds the standard set by the Minister of Foreign Affairs according to the statistics on the name in Roman alphabet stated in passports; |
| 2. | Where the applicant intends to continue to use his/her name in Roman alphabet different from the name in Roman alphabet stated in his/her passport for the reason that he/she has used such name for a long period for the purpose of finding a job, studying overseas, etc.; |
| 3. | Where the applicant needs to change his/her family name in Roman alphabet stated in the passport (hereinafter referred to as "family name in Roman alphabet") into a family name in Roman alphabet used by his/her family members for the reason that he/she has to leave the Republic of Korea with them for the purpose of an overseas trip, immigration, study, etc.; |
| 4. | Where the applicant intends to add, change or eliminate the family name in Roman alphabet of his/her spouse in his/her family name in Roman alphabet stated in the passport; |
| 5. | Where the spelling of the name in Roman alphabet stated in the passport obviously has a negative meaning; |
| 6. | Where the applicant intends to change his/her name in Roman alphabet after he/she has changed his/her Korean name; |
| 7. | Where the applicant intends to change his/her name in Roman alphabet before he/she uses his/her passport issued for the first time; |
| 8. | Where the applicant continues to use the name in Roman alphabet that he/she has used before 18 years old even after he/she turns 18 years old and intends to change the same Korean name into the name in Roman alphabet differently; |
| 9. | Other cases of particular necessity recognized by the Minister of Foreign Affairs for humanitarian reasons. |
| (2) | Where the Minister of Foreign Affairs deems it necessary to state a previously used name in Roman alphabet in a newly issued passport after the applicant’s name in Roman alphabet is corrected or changed pursuant to paragraph (1), the previously used name in Roman alphabet may be stated in the newly issued passport. <Amended by Presidential Decree No. 24459, Mar. 23, 2013; Presidential Decree No. 28782, Apr. 3, 2018> |
| (3) | Matters necessary for correcting or changing the applicant’s name in Roman alphabet, except for matters prescribed in paragraphs (1) and (2), shall be prescribed by Ordinance of the Ministry of Foreign Affairs. <Amended by Presidential Decree No. 23847, Jun. 8, 2012; Presidential Decree No. 24459, Mar. 23, 2013; Presidential Decree No. 28782, Apr. 3, 2018> |
[This Article Newly Inserted by Presidential Decree No. 23181, Sep. 30, 2011]
| Article 4 (Identification of Applicants through Comparison of Fingerprints) |
Where the Minister of Foreign Affairs is provided with fingerprints from applicants intending to be issued their passport under Article 9 (1) of the Act, he/she may compare such fingerprints with those kept and maintained by the relevant administrative agencies under Article 10 of the Act, for the purpose of identification only. <Amended by Presidential Decree No. 24459, Mar. 23, 2013>
CHAPTER II ORDINARY PASSPORT
| Article 5 (Applications for Issuance of Ordinary Passports) |
Any person intending to be issued with an ordinary passport shall submit the following documents (including electronic documents) to the Minister of Foreign Affairs: Provided, That if the person intending to be issued with a passport stays overseas, the Minister of Foreign Affairs may exempt him/her from furnishing some of the said documents, as prescribed by Ordinance of the Ministry of Foreign Affairs: <Amended by Presidential Decree No. 24089, Sep. 7, 2012; Presidential Decree No. 24459, Mar. 23, 2013; Presidential Decree No. 25106, Jan. 21, 2014>
| 1. | A written application for the issuance of a passport; |
| 2. | One copy of a photograph for a passport (referring to a 3.5㎝ × 4.5㎝ color hatless photo of upper half-length and front portrait, the head (from chin to crown) of which shall be 3.2 through 3.6 centimeters long, taken within six months prior to the date of the application for the issuance of a passport; hereinafter the same shall apply): Provided, That in cases of applying for the issuance of a passport, etc. under any subparagraph of Article 3 (2), two copies of the same photograph shall be submitted; |
| 3. | Other documents prescribed by Ordinance of the Ministry of Foreign Affairs, such as those related to military service. |
| Article 6 (Term of Validity of Ordinary Passport) |
| (1) | The term of validity of an ordinary passport shall be 10 years. <Amended by Presidential Decree No. 21914, Dec. 30, 2009> |
| (2) | Notwithstanding the provision of paragraph (1), the Minister of Foreign Affairs may issue the ordinary passport with the following period of validity: Provided, That whether a person falls under subparagraph 5 shall be determined after consultation with a relevant administrative agency: <Amended by Presidential Decree No. 22393, Sep. 20, 2010; Presidential Decree No. 23181, Sep. 30, 2011; Presidential Decree No. 23847, Jun. 8, 2012; Presidential Decree No. 24459, Mar. 23, 2013; Presidential Decree No. 26043, Jan. 12, 2015; Presidential Decree No. 27620, Nov. 29, 2016; Presidential Decree No. 30182, Nov. 5, 2019> |
| 1. | Persons under age 18: Five years; |
| 2. | Persons over age 18 and under age 25 who fall under the preliminary military service, reserve service on board, or replacement status (excluding cases where the expiry term of their duty is less than six months, their duty is completed or they have obtained permission to travel abroad pursuant to Article 70 of the Military Service Act by the last day of the year they turn 37 years old): Five years: Provided, That except for the following cases, where they are under age 24 in the year when the passport is issued, the term of the passport shall be valid by the end of the year when they turn 24 years old: |
| (a) | Where they obtain permission to travel abroad from the pertinent director of the Regional Military Manpower Office or the Military Manpower Branch Office under Article 70 of the Military Service Act; |
| (b) | Where deemed by the Minister of Foreign Affairs unavoidable to obtain the visa; |
| 3. | The following persons over age 25 who fall under the preliminary military service, reserve service on board, or replacement status (excluding cases where the expiry term of their duty is less than six months, their duty is completed or they have obtained the overseas travel certificate pursuant to Article 70 of the Military Service Act by the last day of the year they turn 37 years old): |
| (a) | Persons who fall under the reserve service on board or replacement status, and serve in the duty: Five years; |
| (b) | Persons who fall under the preliminary military service or reserve service and do not serve in the duty: Where the period for permission to travel abroad is six months to one year, the term of validity shall be granted for one year; where the period of permission exceeds one year, the term of validity shall be granted until such period of permission expires; |
| 4. | Persons to whom the head of a related administrative agency has given notice that they are permitted to travel abroad during a certain period only for the reasons such as pending litigation, etc.: Period referred to in the notice; |
| 5. | Members of anti-government organizations under Article 2 of the National Security Act who are residing in a foreign country and are likely to seriously compromise national security, maintenance of order, or unification or foreign policies of the Republic of Korea: One year to five years; the exact period shall be determined by the standards set by the Minister of Foreign Affairs depending on the potential effect; |
| 6. | The following persons who have lost their passports: Provided, That where their passport have been lost for unavoidable reasons, such as a natural disaster, such occasion shall be excluded from counting: |
| (a) | Persons who have lost their passports on two occasions within the latest five years from the date application for the reissuance of a passport is filed: Five years; |
| (b) | Persons who have lost their passports on three or more occasions within the latest five years from the date application for the reissuance of a passport is filed: Two years; |
| (c) | Persons who have lost their passports on two occasions within the latest one year from the date application for the reissuance of a passport is filed, notwithstanding the provisions of item (a): Two years; |
| (3) | Notwithstanding the provisions of paragraphs (1) and (2) 1 through 3, in any of the following cases and where the applicants themselves want, the Minister of Foreign Affairs may issue an ordinary passport with the relevant term of validity: <Newly Inserted by Presidential Decree No. 21914, Dec. 30, 2009; Presidential Decree No. 23181, Sep. 30, 2011; Presidential Decree No. 23847, Jun. 8, 2012; Presidential Decree No. 24459, Mar. 23, 2013> |
| 1. | In cases of applying for reissuance of a passport under Article 11 of the Act: Period from the day when the passport is reissued to the expiry date of the term of validity referred to in the previous passport; |
| 2. | In cases of applying for issuance of a new passport since no pages remain for visa stamping: Period from the day when a new passport is issued to the expiry date of the term of validity referred to in the previous passport. |
| (4) | Deleted. <by Presidential Decree No. 22393, Sep. 20, 2010> |
| Article 6-2 Deleted. <by Presidential Decree No. 28473, Dec. 19, 2017> |
CHAPTER III OFFICIAL PASSPORT
| Article 7 (Persons Entitled to Issuance of Official Passport) |
The Minister of Foreign Affairs may issue an official passport to the following persons under Article 4 (2) of the Act: <Amended by Presidential Decree No. 21614, Jul. 7, 2009; Presidential Decree No. 24459, Mar. 23, 2013; Presidential Decree No. 24852, Nov. 20, 2013; Presidential Decree No. 26043, Jan. 12, 2015> | 1. | The following persons who travel abroad on official business, and their spouses, unmarried children under age 27 (including unmarried dependent children over age 27 with mental or physical disability or without a livelihood; hereinafter the same shall apply) and parents without a livelihood, who are recommended by the related agencies: |
| (b) | Officers, executives, and employees of the Bank of Korea, the Export-Import Bank of Korea and other public institutions under the Act on the Management of Public Institutions prescribed by the Minister of Foreign Affairs; |
| 2. | Overseas resident personnel of the Bank of Korea, the Export-Import Bank of Korea and other public institutions under the Act on the Management of Public Institutions prescribed by the Minister of Foreign Affairs, and their spouses and unmarried children under age 27; |
| 3. | Medical personnel, Taekwondo instructors, and teachers to educate Korean residents abroad, who are dispatched by the Government, and their spouses and unmarried children under age 27; |
| 5. | Persons accompanying the public officials belonging to the Ministry of Foreign Affairs or other public officials who serve in the diplomatic missions abroad under Article 31 of the Foreign Service Officials Act, for an assistance to their housework; |
| 6. | Other persons deemed by the Minister of Foreign Affairs as specially required to hold an official passport for a smooth performance of official business. |
| Article 8 (Applications for Issuance of Official Passports) |
Any person intending to be issued an official passport shall submit the following documents (including electronic documents) to the Minister of Foreign Affairs: <Amended by Presidential Decree No. 24089, Sep. 7, 2012; Presidential Decree No. 24459, Mar. 23, 2013>
| 1. | A written application for the issuance of a passport; |
| 2. | Documents attesting that he/she is entitled to issuance of an official passport under Article 7; |
| 3. | One copy of a photograph for a passport: Provided, That in cases of applying for the issuance of a passport, etc. falling under any subparagraph of Article 3 (2), two copies of the same photograph shall be submitted; |
| 4. | Other documents prescribed by Ordinance of the Ministry of Foreign Affairs, such as those related to military service. |
| Article 9 (Term of Validity of Official Passport) |
| (1) | The term of validity of an official passport shall be five years: Provided, That the following persons may be issued the official passport with the relevant term of validity: <Amended by Presidential Decree No. 21614, Jul. 7, 2009; Presidential Decree No. 24459, Mar. 23, 2013; Presidential Decree No. 26043, Jan. 12, 2015; Presidential Decree No. 27620, Nov. 29, 2016> |
| 1. | Persons who fall under subparagraph 5 or 6 of Article 7: Two years: Provided, That where deemed necessary by the Minister of Foreign Affairs, the term of validity may be three years; |
| 2. | Persons who fall under the preliminary military service or recruit service and do not serve in the duty: Where the period for permission to travel abroad is more than six months, but less than one year, the term of validity shall be one year; where the period of permission exceeds one year, the term of validity shall expire on the day when such period of permission expires; |
| 3. | Spouses, unmarried children under age 27 and parents without a livelihood among those entitled to the issuance under Article 7 shall be issued official passports with the term of validity corresponding to an official overseas travel period plus six months: Provided, That, in cases of unmarried children under age 27 (excluding unmarried dependent children with mental or physical disability or without a livelihood), when they become 27 years old prior to the expiry date of the term of validity, the term shall be valid until the date preceding the day when they become 27 years old. |
| (2) | Where a person subject to the issuance of official passport ceases to have the status under any subparagraph of Article 7, an official passport issued to him/her shall be ineffective from that time, even within the term of validity under paragraph (1): Provided, That where he/she stays overseas, this shall not apply to a reasonable period needed for returning home, as prescribed by Ordinance of the Ministry of Foreign Affairs. <Amended by Presidential Decree No. 24459, Mar. 23, 2013> |
CHAPTER IV DIPLOMATIC PASSPORT
| Article 10 (Persons Entitled to Issuance of Diplomatic Passport) |
The Minister of Foreign Affairs may issue a diplomatic passport to the following persons under Article 4 (2) of the Act: <Amended by Presidential Decree No. 21614, Jul. 7, 2009; Presidential Decree No. 24459, Mar. 23, 2013> | 1. | The President (including former Presidents; hereinafter the same shall apply), Prime Minister, former Prime Ministers, Minister of Foreign Affairs, former Minister of Foreign Affairs, Ambassadors extraordinary and plenipotentiary, members of the International Olympic Committee, public officials belonging to the Ministry of Foreign Affairs, other public officials serving in diplomatic missions abroad under Article 31 of the Foreign Service Officials Act, and the following persons: |
| (a) | Spouses and unmarried children under age 27 of the following persons: |
| (b) | Spouses and unmarried children under age 27 and parents without a livelihood of the following persons: |
| (i) | Minister of Foreign Affairs; |
| (ii) | Ambassadors extraordinary and plenipotentiary; |
| (iii) | Members of the International Olympic Committee; |
| (iv) | Public officials belonging to the Ministry of Foreign Affairs who travel abroad on official business; |
| (c) | Accompanying spouses of former Prime Ministers and former Minister of Foreign Affairs: Provided, That this shall be limited to those accredited by the Minister of Foreign Affairs; |
| (d) | Persons accompanying the President, Prime Minister, Minister of Foreign Affairs, Ambassadors extraordinary and plenipotentiary, and members of the International Olympic Committee, who are deemed specially necessary by the Minister of Foreign Affairs; |
| 2. | Speaker of the National Assembly, former Speakers of the National Assembly and the following persons: |
| (a) | Spouses and unmarried children under age 27 of the Speaker of the National Assembly; |
| (b) | Accompanying spouses of former Speakers of the National Assembly: Provided, That this shall be limited to those accredited by the Minister of Foreign Affairs; |
| (c) | Persons accompanying the Speaker of the National Assembly, who are deemed specially necessary by the Minister of Foreign Affairs; |
| 3. | Chief Justice of the Supreme Court, President of the Constitutional Court, and former Chief Justices of the Supreme Court, former Presidents of the Constitutional Court, and the following persons: |
| (a) | Spouses and unmarried children under age 27 of the Chief Justice of the Supreme Court and President of the Constitutional Court; |
| (b) | Accompanying spouses of former Chief Justices of the Supreme Court and former Presidents of the Constitutional Court: Provided, That this shall be limited to those accredited by the Minister of Foreign Affairs; |
| (c) | Persons accompanying the Chief Justice of the Supreme Court and President of the Constitutional Court, who are deemed specially necessary by the Minister of Foreign Affairs; |
| 4. | Special envoys, representatives of the Government and members of a mission headed by special envoys or representatives of the Government; |
| 5. | Other persons deemed specially required by the Minister of Foreign Affairs to hold diplomatic passport for performance of diplomatic mission or protection of identity. |
| Article 11 (Applications for Issuance of Diplomatic Passports) |
With respect to applications for the issuance of diplomatic passports, the provisions of Article 8 shall be applicable mutatis mutandis. In such cases, "Article 7" in subparagraph 2 of Article 8 shall be construed "Article 10."
| Article 12 (Term of Validity of Diplomatic Passport) |
| (1) | The term of validity of a diplomatic passport shall be five years: Provided, That the following persons may be issued the diplomatic passport with the relevant term of validity: <Amended by Presidential Decree No. 21614, Jul. 7, 2009; Presidential Decree No. 27620, Nov. 29, 2016> |
| 1. | Persons falling under subparagraph 4 or 5 of Article 10: One or two years according to the period required for performing a diplomatic mission: Provided, That in cases of the issuance of diplomatic passport for the diplomatic mission under subparagraph 5 of Article 10, if the period required for performing such mission is two consecutive years or more, the term of validity shall be the relevant period plus six months, within the limit of five years; |
| 2. | Persons who fall under the preliminary military service or reserve service and do not serve in the duty: Where the period of permission to travel abroad is more than six months but less than one year, the term of validity shall be one year and where the period of permission is more than one year, the term of validity shall expire when such period of permission expires; |
| 3. | Unmarried children under age 27 among those entitled to issuance of the diplomatic passport under Article 10 (excluding unmarried dependent children with mental or physical disability or without a livelihood): Five years: Provided, That when they become 27 years old prior to the expiry date of the term of validity, the term shall be valid until the date preceding day when they become 27 years old. |
| (2) | Where a person who has been issued the diplomatic passport does not fall under any requirement in each subparagraph of Article 10 (including cases where any public officials belonging to the Ministry of Foreign Affairs have completed the official overseas travel in cases of subparagraph 1 (b) (iv) of Article 10), such diplomatic passport shall be ineffective from that time, even within the term of validity: Provided, That where he/she stays overseas, this shall not apply to a reasonable period needed for returning from aborad, as prescribed by Ordinance of the Ministry of Foreign Affairs under the proviso to Article 9 (2). <Amended by Presidential Decree No. 21614, Jul. 7, 2009; Presidential Decree No. 24459, Mar. 23, 2013> |
CHAPTER V SINGLE-USE PASSPORT
| Article 13 (Persons Entitled to Issuance of Single-Use Passport) |
The Minister of Foreign Affairs shall issue a single-use passport to those who reach 25 years of age or more and have not fulfilled military service and for whom the period of permits for overseas travel certificate issued by the pertinent director of the Regional Military Manpower Office or the Military Manpower Branch Office is less than six months under Article 6 (1) 3: Provided, That he/she may issue the multiple passport with a one-year term of validity to any of the following persons: <Amended by Presidential Decree No. 24459, Mar. 23, 2013; Presidential Decree No. 26043, Jan. 12, 2015; Presidential Decree No. 30182, Nov. 5, 2019> | 1. | Any of the following persons recommended by the Minister of Culture, Sport and Tourism: |
| (a) | Outstanding cultural artists; |
| (b) | Members of the national team who should travel abroad over several times a year to participate in international games or overseas off-season training; |
| 2. | Military surgeon candidates, judicial officer candidates, military chaplain candidates, or veterinary officer candidates under Article 58 of the Military Service Act, and persons to be enrolled on the military register of officers in active duty service in the basic branches of the army under Article 59 of the same Act. |
| Article 14 (Application for Issuance of Single-Use Passport) |
Any person intending to be issued a single-use passport shall submit the following documents (including electronic documents) to the Minister of Foreign Affairs: <Amended by Presidential Decree No. 24089, Sep. 7, 2012; Presidential Decree No. 24459, Mar. 23, 2013>
| 1. | A written application for the issuance of a passport; |
| 3. | One copy of photograph for a passport: Provided, That in cases of applying for the issuance of a passport, etc. falling under any subparagraph of Article 3 (2), two copies of the same photograph shall be submitted; |
| 4. | Other documents prescribed by Ordinance of the Ministry of Foreign Affairs, such as those related to military service. |
| Article 15 (Term of Validity of Single-Use Passport) |
| (1) | The term of validity of a single-use passport shall be one year. |
| (2) | Notwithstanding the provision of paragraph (1), the Minister of Foreign Affairs may issue a single-use passport to those who have been notified of making overseas travel only during a certain period by the head of an administrative agency due to a reason such as pending litigation, etc. with the term of validity to make such an overseas travel. <Amended by Presidential Decree No. 24459, Mar. 23, 2013> |
CHAPTER VI TRAVEL CERTIFICATE
| Article 16 (Persons Entitled to Issuance of Travel Certificate) |
The Minister of Foreign Affairs may issue a travel certificate to the following persons under Article 14 of the Act: <Amended by Presidential Decree No. 21614, Jul. 7, 2009; Presidential Decree No. 21914, Dec. 30, 2009; Presidential Decree No. 24459, Mar. 23, 2013; Presidential Decree No. 28782, Apr. 3, 2018> | 1. | Departing stateless persons; |
| 2. | Persons staying or residing abroad and required to return home urgently or travel to a third country without sufficient time to wait for the issuance of a passport on account of losing the passport or the expiration, etc. of its term of validity; |
| 3. | Persons residing abroad and required to leave for their country of residence without sufficient time to wait for issuance of a passport on account of losing the passport or the expiration, etc. of its term of validity after temporarily returning from abroad; |
| 4. | Internationally-adopted persons; |
| 5-2. | Persons staying or residing abroad who need to issue a travel certificate in order to return home after they are refused or restricted for issuance or reissuance of passports or forced to be expelled overseas; |
| 6. | Foreigners forced to be expelled from Korea under Article 46 of the Immigration Act cannot obtain any passport of the country where they have nationality or a certificate equivalent to a passport; |
| 7. | Persons deemed to be in a similar position as those in subparagraphs 1 through 5, 5-2 and 6 and deemed necessary by the Minister of Foreign Affairs to issue the travel certificate urgently. |
| Article 17 (Application for Issuance of Travel Certificate) |
The provisions of Article 5 shall apply mutatis mutandis to applications for the issuance of a travel certificate.
CHAPTER VII REISSUANCE, ETC. OF PASSPORTS
| Article 18 (Reissuance of Passports) |
| (1) | Any person intending to be reissued a passport under Article 11 of the Act shall apply for the reissuance of a passport, attaching the following documents (including electronic documents): <Amended by Presidential Decree No. 23847, Jun. 8, 2012; Presidential Decree No. 24089, Sep. 7, 2012; Presidential Decree No. 24459, Mar. 23, 2013> |
| 1. | A written application for the reissuance of a passport; |
| 2. | A statement of reasons for the reissuance: Provided, That this need not be submitted in cases prescribed by the Minister of Foreign Affairs; |
| 3. | Previous passport: Provided, That it shall be excluded where such passport has been lost; |
| 4. | One copy of a photograph for a passport: Provided, That in cases of applying for the issuance of a passport, etc. falling under any subparagraph of Article 3 (2), two copies of the same photograph shall be submitted; |
| 5. | Other documents prescribed by Ordinance of the Ministry of Foreign Affairs, such as those related to military service. |
| (2) | Where a passport is reissued under paragraph (1), any information and the entries therein shall be the same as those in the already-issued passport, except in extenuating circumstances. |
| Article 19 Deleted. <by Presidential Decree No. 23181, Sep. 30, 2011> |
| Article 20 (Provision of Information, Report as at the time of Loss of Passport) |
| (1) | Any person who has lost his/her passport may report such loss to the Minister of Foreign Affairs as prescribed by Ordinance of the Ministry of Foreign Affairs. <Amended by Presidential Decree No. 24459, Mar. 23, 2013; Presidential Decree No. 28146, Jun. 27, 2017> |
| (2) | Deleted. <by Presidential Decree No. 28146, Jun. 27, 2017> |
| (3) | When a passport ceases to be valid pursuant to Article 13 (1) 3, 5, 6 and 8 of the Act, the Minister of Foreign Affairs may, in order to prevent illegal use and international distribution of such passport, provide the related administrative agencies, such as the Minister of Justice and the National Police Agency or foreign governments or international organizations in accordance with the principle of reciprocity with the following information: <Amended by Presidential Decree No. 24459, Mar. 23, 2013; Presidential Decree No. 28782, Apr. 3, 2018> |
| 1. | Passport number, date of issue and date of expiry; |
| 2. | Date of loss of passport, the place of loss, and agency where such report on loss is accepted (limited to where a passport ceases to be valid due to the loss of a passport pursuant to Article 13 (1) 3 of the Act). |
| Article 21 (Reissuance of Passport Damaged) |
"When the passport issued to him/her has been damaged" referred to in Article 11 (1) 3 of the Act shall include cases where it is difficult to identify information specified in each subparagraph of Article 7 (1) of the Act and where any electronically stated information is damaged to be illegible although no special external problem of the passport exists.
| Article 22 (Change of Matters Stated in Passport) |
| (1) | Any person intending to apply to change the matters stated in a passport for the purposes of adding pages for visa stamping, stating a previous passport number, etc. under Article 15 of the Act shall file an application prescribed by Ordinance of the Ministry of Foreign Affairs, accompanied by a valid passport: <Amended by Presidential Decree No. 24089, Sep. 7, 2012; Presidential Decree No. 24459, Mar. 23, 2013> |
| 1. | and 2. Deleted. <by Presidential Decree No. 28782, Apr. 3, 2018> |
| (2) | Adding pages for visa stamping among the matters to be changed under paragraph (1) may be permitted only once where there are unused empty spaces on the left and right sides of pages for visa stamping, and the pages may be added up to 24 pages. <Amended by Presidential Decree No. 21914, Dec. 30, 2009; Presidential Decree No. 28782, Apr. 3, 2018> |
CHAPTER VIII REFUSAL OF AND RESTRICTION ON ISSUANCE AND REISSUANCE, ETC. OF PASSPORT
| Article 23 (Request for Refusal of or Restriction on Issuance, etc. of Passport and Order to Return Valid Passport) |
| (1) | Where the head of a related administrative agency deems that a person falling under any subparagraph of Article 12 (1) and (3) of the Act (including cases applied mutatis mutandis in accordance with Article 14 (3) of the Act) or any subparagraph of Article 19 (1) of the Act exists in connection with his/her official duties, he/she may request the Minister of Foreign Affairs to refuse or restrict the issuance or reissuance of the passport, etc. (hereinafter referred to as "issuance, etc. of the passport") or to order the return of a valid passport (hereinafter referred to as "refusal, restriction, etc."). <Amended by Presidential Decree No. 24459, Mar. 23, 2013> |
| (2) | Where the head of a related administrative agency requests a refusal of or restriction on, etc. issuance, etc. of a passport under paragraph (1), he/she shall clarify in writing the reason for such a request, the period of refusal or restriction, etc. or the period of keeping in custody of the returned valid passport, etc. (hereinafter referred to as "period of custody"). |
| Article 24 (Examination of Request for Refusal of or Restriction on, etc. Issuance, etc. of Passport and Notification of its Result) |
| (1) | Where deemed necessary to examine the request for a refusal of, restriction on, etc. the issuance, etc. of the passport or for an order to return a valid passport under Article 23, the Minister of Foreign Affairs may request the head of a requesting agency to furnish the relevant data. <Amended by Presidential Decree No. 24459, Mar. 23, 2013> |
| (2) | After examination of the request for refusal of or restriction on, etc. the issuance, etc. of a passport under paragraph (1), the Minister of Foreign Affairs shall notify the head of a requesting agency of the result of examination and the reason therefor. <Amended by Presidential Decree No. 24459, Mar. 23, 2013> |
| Article 25 (Re-request for Refusal of or Restriction on, etc. Issuance, etc. of Passport or Request for Cancellation) |
| (1) | Where the head of a relevant administrative agency deems it necessary to continue a refusal of or restriction on, etc. the issuance, etc. of the passport even after the period of refusal or restriction or the period of custody expires, he/she may re-request in writing such refusal or restriction, etc. within 30 days before the expiry of the period of such refusal or restriction or the period of custody. |
| (2) | Where the relevant reason ceases to exist even during the period of refusal of or restriction on, etc. the issuance of passport, etc. or the period of custody, the head of a related administrative agency shall, without delay, request in writing the cancellation thereof. |
| Article 26 (Cancellation of Refusal, Restriction, etc. of Issuance, etc. of Passport) |
The Minister of Foreign Affairs may cancel the refusal of, or restriction on, etc. the issuance, etc. of the passport in any of the following cases: Provided, That where he/she intends to cancel the refusal of, or restriction on, etc. the issuance, etc. of the passport which was done at the request of the head of a related administrative agency (excluding cases under subparagraph 1), he/she shall consult in advance the head of a requesting agency: <Amended by Presidential Decree No. 24459, Mar. 23, 2013>
| 1. | Where the head of a related administrative agency requests the cancellation; |
| 2. | Where the applicant is to depart from the country for the purpose of marrying a foreigner or a Korean national residing abroad who has emigrated to live overseas and residing with him/her; |
| 4. | Where the applicant has obtained, or is scheduled to obtain, permanent residency or a visa for long-term stay; |
| 5. | Deleted. <by Presidential Decree No. 27166, May 13, 2016> |
| Article 26-2 (Exceptional Issuance of Passports due to Urgent Humanitarian Reasons) |
| (1) | "Where any reason prescribed by Presidential Decree exists, such as urgent humanitarian reasons" in Article 12 (4) of the Act means cases where it is deemed necessary by the Minister of Foreign Affairs for a person to urgently leave the country on account of the decease or other equivalent serious disease or accident of any of the following persons sojourning abroad: |
| 2. | Lineal ascendants or descendants or siblings of the principal; |
| 3. | Lineal ascendants or descendants or siblings of the spouse. |
| (2) | The term of validity of a passport issued under Article 12 (4) of the Act shall be the minimum period required for achieving the relevant travel purposes. |
[This Article Newly Inserted by Presidential Decree No. 27166, May 13, 2016]
| Article 27 (Service of Decision on Return of Valid Passports) |
| (1) | Where the Minister of Foreign Affairs intends to decide on the return of valid passport against those who fall under any subparagraph of Article 19 (1) of the Act, he/she shall serve the relevant written decision on the address or place of residence of the relevant passport holder or their legal representative by registered mail. <Amended by Presidential Decree No. 24459, Mar. 23, 2013> |
| (2) | Where the registered mail under paragraph (1) has been returned twice or cannot be served by reason of unknown address, etc., such decision shall be announced by one of the following methods: |
| 1. | Posting the decision on the bulletin board of the agency to exercise the authority for passport by proxy under Article 21 (1) of the Act; |
| 2. | Posting the decision in the Official Gazette; |
| 3. | Announcing the decision by using electronic communications media. |
| Article 28 (Dangerous Circumstances in Locations Overseas) |
"Dangerous circumstances in locations overseas prescribed by Presidential Decree" in the main sentence of Article 17 (1) of the Act means any danger that occurs outside of Korea in the following situations: <Amended by Presidential Decree No. 22564, Dec. 29, 2010> | 1. | Large-scale typhoon, tidal wave, earthquake and other similar natural disaster; |
| 2. | Imminent situation in which war has broken out or is highly likely to break out; |
| 3. | Situation where civil war or riot has broken out and function, etc. to keep the security of the relevant country is extremely paralyzed and it cannot be performed normally; |
| 4. | Imminent situation in which large-scale terrorism has occurred or is highly likely to occur; |
| 5. | Large-scale explosion, chemical and biological accident, environmental pollution accident and other similar disaster; |
| 6. | Situation where a large-scale infectious disease has broken out and functions of health care in the relevant country is paralyzed and not performed normally. |
| Article 29 (Permission for Exceptional Use, etc. of Passport) |
| (1) | The Minister of Foreign Affairs may permit the use of the passport and visit or sojourn under the proviso to Article 17 (1) of the Act (including cases applied mutatis mutandis in accordance with Article 14 (3) of the Act) (hereinafter referred to as "exceptional use, etc. of passport") in the following cases of travel: <Amended by Presidential Decree No. 24459, Mar. 23, 2013; Presidential Decree No. 27166, May 13, 2016> |
| 1. | Where it is obvious that a person who has obtained permanent residency or any other equivalent right of a country or region subject to measures of restriction, etc. on use of passport (hereinafter referred to as "restriction, etc. on use of passport") under the main sentence of Article 17 (1) of the Act, intends to reside continuously in such country or region as his/her living base; |
| 2. | Where it is necessary for coverage or report for the public interest; |
| 3. | Where it is necessary to urgently leave the country on account of the decease or other equivalent serious disease or accident of any of the following persons sojourning abroad: |
| (b) | Lineal ascendants or descendants or siblings of the principal; |
| (c) | Lineal ascendants or descendants or siblings of the spouse; |
| 4. | Where it is necessary for performing public duties of national agencies or international organizations conducting diplomatic or security mission or duties of protecting Korean nationals residing abroad; |
| 5. | Where it is necessary for performing a mission related to national interest or enterprise's activities upon recommendation (referring to a recommendation specifying the purposes and details of the mission) of the head of the competent central administrative agency; |
| 6. | Other cases equivalent to those referred to in subparagraphs 1 through 5 and deemed specially necessary by the Minister of Foreign Affairs. |
| (2) | A person who intends to receive permission for the exceptional use, etc. of passport for any reason falling under paragraph (1) 2 or 5 shall receive a certificate from the head of the institution, organization, enterprise, etc. to which he/she belongs and submit it to the Minister of Foreign Affairs, as prescribed by Ordinance of the Ministry of Foreign Affairs. <Newly Inserted by Presidential Decree No. 27166, May 13, 2016> |
| (3) | Matters necessary for the application, etc. for the exceptional use, etc. of passport except for matters prescribed in paragraphs (1) and (2), shall be prescribed by Ordinance of the Ministry of Foreign Affairs. <Newly Inserted by Presidential Decree No. 27166, May 13, 2016> |
| Article 30 (Public Announcement of Restriction, etc. on Use of Passport) |
CHAPTER IX PASSPORT POLICY DELIBERATION COMMITTEE
| Article 31 (Composition of Passport Policy Deliberation Committee) |
The chairperson (hereinafter referred to as "chairperson") of the Passport Policy Deliberation Committee (hereinafter referred to as the "Committee") under Article 18 (1) of the Act shall be the Vice Minister II of Foreign Affairs, the vice-chairperson shall be the Deputy Minister of the Overseas Koreans and Consular Affairs Bureau of the Ministry of Foreign Affairs, and the following persons shall be members of the Committee: <Amended by Presidential Decree No. 24459, Mar. 23, 2013; Presidential Decree No. 29187, Sep. 28, 2018> | 1. | Persons commissioned by the Minister of Foreign Affairs from among experts in the areas of accounting, personal information protection, equipment for passport issuance or security technology; |
| 2. | Persons commissioned by the Minister of Foreign Affairs from among legal experts; |
| 3. | Persons designated by the Minister of Foreign Affairs from among public officials who perform duties related to international terrorism in the Ministry of Foreign Affairs and Director General who are in charge of the country or region subject to the restriction, etc. on use of passport, in the Ministry of Foreign Affairs; |
| 4. | Persons appointed by the Minister of Foreign Affairs upon recommendation of the head of a relevant administrative agency from among public officials who belong to a related administrative agency conducting the related duties, such as public security, national security, immigration, etc.; |
| 5. | Persons commissioned by the Minister of Foreign Affairs from among those who have professional knowledge and ample experience in duties related to consular services and who have advanced learning and moral influence. |
| Article 32 (Term of Office of Members) |
The term of office of the members shall be two years: Provided, That the term of office of the members who are public officials shall be the period during which they hold their official position.
| Article 32-2 (Removal, Dismissal, etc. of Committee Members) |
Where any member of the Committee (excluding the Director General in charge of the country or region subject to the restriction, etc. on use of passport referred to in subparagraph 3 of Article 31) falls under any of the following cases, the Minister of Foreign Affairs may remove or dismiss such member from his/her office or withdraw his/her designation:
| 1. | Where he/she becomes incapable of carrying out his/her duties due to mental illness; |
| 2. | Where he/she commits any misdeed in connection with his/her duties; |
| 3. | Where he/she is deemed unsuitable for a member due to delinquency of duties, injury to dignity, or any other reason; |
| 4. | Where he/she voluntarily confesses that it is difficult for him/her to carry out his/her duties. |
[This Article Newly Inserted by Presidential Decree No. 27166, May 13, 2016]
| Article 33 (Composition of Subcommittee) |
| (1) | The Committee shall have the following subcommittees and have each subcommittee deliberate on the matters under its jurisdiction: <Amended by Presidential Decree No. 27166, May 13, 2016> |
| 1. | Passport Administration Subcommittee: Matters delegated by the Committee among the matters to be deliberated upon referred to in Article 18 (1) 1, 2 and 6 of the Act (limited to the matters related to passport administration); |
| 2. | Passport Use Policy Subcommittee: Matters delegated by the Committee among matters to be deliberated upon referred to in Article 18 (1) 3 through 5 and 6 of the Act (limited to the matters related to passport use policy). |
| (2) | The number of members in each subcommittee shall not exceed 11 (hereinafter referred to as "members of subcommittee"), including one chairperson of the subcommittee (hereinafter referred to as "chairperson of subcommittee") and one vice-chairperson of the subcommittee (hereinafter referred to as "vice-chairperson of subcommittee"). |
| (3) | The chairperson and the vice-chairperson of the Committee shall concurrently take office of each chairperson of the subcommittee and vice-chairperson of the subcommittee, respectively; the members of the Committee shall be appointed as the members of the subcommittee by the chairperson, considering their specialty. |
| Article 34 (Duties of Chairperson, etc.) |
| (1) | The chairperson shall represent the Committee and exercise overall control over its duties. |
| (2) | The vice-chairperson of the Committee shall assist the chairperson, and when the chairperson is unable to perform his/her duties for unavoidable reasons, the vice-chairperson shall act on behalf of the chairperson. |
| (3) | Paragraphs (1) and (2) shall apply mutatis mutandis to subcommittees. |
| Article 35 (Meetings and Agenda) |
| (1) | The meeting of the Committee shall be convened by the chairperson when any matters to be deliberated upon exist under Article 18 (1) of the Act: Provided, That where there is insufficient time to convene the meeting or where the chairperson deems specially necessary, the deliberation may be made in writing. |
| (2) | The Committee may, if necessary, request experts in the relevant fields, such as persons of professional knowledge concerning the matters to be deliberated upon under its jurisdiction, to attend the meeting and listen to their opinions. |
| (3) | Meetings of the Committee shall be opened with the attendance of a majority of all incumbent members, and its resolutions shall require the consent of a majority of those present: Provided, That the Committee may conduct the meeting by strengthening the agenda and quorum for resolution by its resolution. |
| (4) | Meetings of the subcommittees shall be convened by the chairperson of each subcommittee and the procedures for the meetings and agenda of the Committee shall apply mutatis mutandis to those of the subcommittees. |
| (5) | Other matters necessary for meetings and agenda of the Committee, in addition to those provided for in this Decree, shall be prescribed by the chairperson through the resolution of the Committee. |
| Article 36 (Allowances, etc.) |
Allowances, travel expenses and other actual expenses may be paid to the members who attended the meeting of the Committee or subcommittee under Article 35 (2) and (4) within budgetary limits: Provided, That this shall not apply where members who are public officials attend a meeting directly related to their duties.
CHAPTER X VICARIOUS EXERCISE OF AUTHORITY AND FEES
| Article 37 (Vicarious Exercise of Authority) |
| (1) | The Minister of Foreign Affairs may delegate the following authority to any consul or the heads of local governments under Article 21 (1) of the Act: <Amended by Presidential Decree No. 24459, Mar. 23, 2013; Presidential Decree No. 26043, Jan. 12, 2015> |
| 1. | To accept the application for the issuance and reissuance of a passport, etc.; |
| 2. | To conduct an examination, such as confirmation of the applicant's identity; |
| 3. | To deliver a passport, etc.; |
| 4. | To alter matters stated in a passport; |
| 5. | Deleted; <by Presidential Decree No. 26043, Jan. 12, 2015> |
| 7. | To make a passport, etc. falling under any subparagraph of Article 3 (2); |
| 8. | Other duties deemed necessary by the Minister of Foreign Affairs to be exercised by proxy in regard to the issuance, reissuance and alternation of the matters stated in a passport, etc. |
| (2) | Any person exercising the authority by proxy under Article 21 (1) and (3) of the Act (hereinafter referred to as "locum tenens") shall file a report on the situation of his/her exercise of authority with the Minister of Foreign Affairs. <Amended by Presidential Decree No. 24459, Mar. 23, 2013; Presidential Decree No. 26043, Jan. 12, 2015> |
| (3) | When the Minister of Foreign Affairs intends to allow a person falling under any of Article 21 (3) of the Act to exercise an authority to directly collect the passport under Article 21 (3) of the Act on behalf of him/her, he/she shall request, in writing, the head of the local government or a relevant administrative agency to which such person belongs by clarifying the subject persons, passport subject to the collection, period of collection, etc. <Amended by Presidential Decree No. 24459, Mar. 23, 2013> |
| (4) | The Minister of Foreign Affairs may inspect whether a locum tenens is conducting the duties by proxy in an legitimate way, and may request him/her to submit data prescribed by Ordinance of the Ministry of Foreign Affairs where necessary to guide and supervise the authorized duties. In such cases, the locum tenens shall comply with the request to submit data except in extenuating circumstances. <Amended by Presidential Decree No. 26043, Jan. 12, 2015> |
| (5) | Where the Minister of Foreign Affairs deems that a locum tenens performs the authorized duties in an illegal or unjustifiable way, he/she may issue a corrective order, and may suspend, cancel or modify all or part of the authorized duties where he/she fails to comply with the corrective order. <Newly Inserted by Presidential Decree No. 26043, Jan. 12, 2015> |
| (6) | The Minister of Foreign Affairs may conduct education on the exercise of authority in paragraph (1) 1 through 4 and 6 through 8 for domestic agencies that vicariously exercise the authority regarding passports pursuant to Article 21 (1) of the Act. In such cases, the head of an agency that vicariously exercises the authority regarding passports in Article 21 (1) of the Act shall have employees under its control participate in the education, except in any extenuating circumstances. <Newly Inserted by Presidential Decree No. 30182, Nov. 5, 2019> |
| Article 38 (Method for Payment of Fees) |
| (1) | Any person intending to be issued or reissued the passport etc. or alter matters stated in it shall pay the fees under Article 22 (1) of the Act in cash or in a voucher verifying the cash payment or by credit card, as prescribed by Ordinance of the Ministry of Foreign Affairs: Provided, That in cases of a diplomatic mission abroad, the fees may be paid in the currency of the country of residence or that of the United States. <Amended by Presidential Decree No. 24459, Mar. 23, 2013> |
| (2) | The Minister of Foreign Affairs may exempt a refugee in need of relief or a person deemed to have a special inevitable reason, from paying the fee under paragraph (1). <Amended by Presidential Decree No. 24459, Mar. 23, 2013> |
| (3) | The Minister of Foreign Affairs shall not refund the fees for the issuance or reissuance of the passport, etc. or alternation of matters stated in it: Provided, That where the issuance, etc. of a passport is refused or restricted under Article 12 (1) or (3) of the Act or that the fees are paid erroneously is evident, he/she shall return the fees. <Amended by Presidential Decree No. 24459, Mar. 23, 2013> |
CHAPTER XI ELECTRONIC AUTHENTICATION SYSTEM FOR PASSPORTS
| Article 40 (Performance of Authority for Passport Electronic Authentication) |
The Minister of Foreign Affairs shall perform the authority for electronic authentication of passports, such as the issuance and verification of the electronic certificate for passports by using the public key (referring to electronic information used to issue the electronic certificate for passports) of the electronic certificate for passports which is consistent with the verification key (referring to electronic information used to verify the electronic certificate for passports; hereinafter the same shall apply) of the electronic certificate for passports under Article 23 (2) of the Act. <Amended by Presidential Decree No. 24459, Mar. 23, 2013>
| Article 41 (Issuance of Electronic Certificate for Passports) |
| (1) | The electronic certificate for passports issued by the Minister of Foreign Affairs may include the following matters: <Amended by Presidential Decree No. 24459, Mar. 23, 2013> |
| 1. | Name of the Ministry of Foreign Affairs which is the agency in charge of the electronic certification for passport; |
| 2. | Verification key for the electronic certificate for passports in the name of the Ministry of Foreign Affairs; |
| 3. | Method of the electronic signature to be used in electronic signature of a passport; |
| 4. | Serial number and the term of validity of electronic certificate for passports; |
| 5. | Where the scope of use or purpose of the electronic certificate for passports is restricted, the relevant matters. |
| (2) | The Minister of Foreign Affairs shall place an electronic signature on each electronic certificate for passports by using the public key of the electronic certificate for passports which is consistent with the verification key of the electronic certificate for passports under paragraph (1) 2. <Amended by Presidential Decree No. 24459, Mar. 23, 2013> |
| (3) | The term of validity of each electronic certificate for passports shall be prescribed by the Minister of Foreign Affairs, considering the scope of use, safety of technology used, etc. <Amended by Presidential Decree No. 24459, Mar. 23, 2013> |
| Article 42 (Provision of Public Key, etc. for Electronic Certificates for Passport) |
The Minister of Foreign Affairs may provide the International Civil Aviation Organization and foreign governments with the public key, verification key, etc. for electronic certificate for passports as a means to confirm whether the passport has been actually issued. <Amended by Presidential Decree No. 24459, Mar. 23, 2013>
| Article 43 (Keeping and Management of Records of Certification) |
The Minister of Foreign Affairs shall safely keep and manage the public key and verification key of the electronic certificate for passports as well as the records on authentication. <Amended by Presidential Decree No. 24459, Mar. 23, 2013>
| Article 44 (Management of Electronic Certificates for Passports) |
| (1) | The Minister of Foreign Affairs shall keep the electronic certificate for passports for at least ten years from the date of its issuance. <Amended by Presidential Decree No. 24459, Mar. 23, 2013> |
| (2) | The Minister of Foreign Affairs shall safely keep and manage the public key for the electronic certificate for passports and take measures to ensure the security and reliability of the authority for authentication. <Amended by Presidential Decree No. 24459, Mar. 23, 2013> |
| (3) | Detailed matters concerning the guideline to authority for the electronic authentication and management of passports shall be prescribed by the Minister of Foreign Affairs. <Amended by Presidential Decree No. 24459, Mar. 23, 2013> |
CHAPTER XII SUPPLEMENTARY PROVISIONS
| Article 45 (Prior Notice of Expiration of Term of Validity of Passports) |
Where a passport holder agrees to receive the prior notice services of the expiration of the term of validity of passport, the Minister of Foreign Affairs may notify the passport holder of the upcoming expiration of the term of validity of passport three months before the expiration via mobile phone text messages.
[This Article Newly Inserted by Presidential Decree No. 29187, Sep 28, 2018]
| Article 46 (Processing of Personally Identifiable Information) |
The Minister of Foreign Affairs (including a person who vicariously exercises the authority regarding passports pursuant to Article 21 of the Act) may process documents containing resident registration numbers, passport numbers, or alien registration numbers in Article 19 of the Enforcement Decree of the Personal Information Protection Act, where there exit extenuating circumstances to conduct any of the following affairs: | 2. | Authority regarding refusal of or restriction on issuance and reissuance of passports in Article 12 of the Act; |
| 8. | Authority regarding report on the loss of passports and provision of information about invalid passports in Article 20; |
| 9. | Authority regarding prior notice of the expiration of the term of validity of passports in Article 45. |
[This Article Newly Inserted by Presidential Decree No. 29187, Sep 28, 2018]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on June 29, 2008: Provided, That the provisions concerning fingerprints of passport holders referred to in Article 7 (1) 3 of the Act of the amended provisions of Articles 3 (1) and (3) and 4 and the payment of the fees by credit card of the amended provision of Article 38 shall enter into force on January 1, 2010. Article 2 (Transitional Measures concerning Extension of Term of Validity of Previous Ordinary Passports)
Where the term of validity of multiple ordinary passports issued prior to June 29, 2008 is less than ten years, the Minister of Foreign Affairs and Trade may extend its term of validity to the date for which ten years have elapsed from the first date of issuance pursuant to the previous provisions. In such cases, the application for extension of the term of validity shall be filed within the period from one year before the expiry of the term of validity of the passport to one year after the expiry.
Article 3 (Transitional Measures concerning Issuance of Passports to Dependant Children included in Passports)
Any dependent children who have been included in the passport already issued as at October 8, 2004 need not obtain a separate passport during the term of validity of such passport: Provided, That this shall not apply to those who become eight years old or more during the term of validity of such passport.
Article 4 Omitted.
ADDENDA <Presidential Decree No. 21614, Jul. 7, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
| (1) | Where a holder of a valid official passport at the time this Decree enters into force does not fall under a person entitled to issuance of the official passport under the amended provisions of Article 7, he/she shall, notwithstanding the amended provisions of Article 7, be subject to the previous provisions until six months elapse from the date this Decree enters into force. |
| (2) | Where a holder of valid diplomatic passport at the time this Decree enters into force does not fall under a person entitled to issuance of the diplomatic passport under the amended provisions of Article 10, he/she shall, notwithstanding the amended provisions of Article 10, be subject to the previous provisions until six months elapse from the date this Decree enters into force. |
ADDENDA <Presidential Decree No. 21914, Dec. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2010.
Article 2 (Applicability)
The amended provisions of Article 6 (3) and the attached Table shall apply to the person who, for the first time after this Decree enters into force, applies for the reissuance of a passport or issuance of a new passport as blank pages for visa stamping remain. Article 3 Omitted.
ADDENDA <Presidential Decree No. 22393, Sep. 20, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
Persons who applied for issuance of an ordinary passport as at the time this Decree enters into force, former provisions shall apply, notwithstanding the amended provisions of Article 6 (2).
ADDENDA <Presidential Decree No. 22564, Dec. 29, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 30, 2010. (Proviso omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 23181, Sep. 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Valid Term of Passports)
The amended provisions of Article 6 (2) 6 shall begin to apply to the first person who loses his/her passport after this Decree enters into force.
ADDENDA <Presidential Decree No. 23847, Jun. 8, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability)
The amended provisions of Article 6 (3) shall apply to those who apply for the issuance of passports on and after the enforcement of this Decree.
ADDENDA <Presidential Decree No. 24089, Sep. 7, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provision of the attached Table shall enter into force on January 1, 2013.
Article 2 (Applicability to Fees for Issuance of Passports, etc.)
The amended provisions of the attached Table shall apply to those who apply for the issuance of passports, etc. on and after January 1, 2013.
ADDENDA <Presidential Decree No. 24459, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures to Use of Papers of Passports, etc. in Accordance with Change in Name of Administrative Authority Issuing Passports)
| (1) | The papers of passports which were issued with a mark of the Minister of Foreign Affairs and Trade as the administrative authority issuing passports (including travel certificates issued in lieu of passports pursuant to Article 14 of the Act; hereinafter the same shall apply) before this Decree enters into force may continue to be used. In such case, the "Minister of Foreign Affairs and Trade" marked on the papers shall be construed the "Minister of Foreign Affairs." |
| (2) | Valid passports issued before this Decree enters into force and the passports issued using the previous papers pursuant to Article 1 shall be deemed to have been issued in accordance with this Decree. |
ADDENDA <Presidential Decree No. 24852, Nov. 20, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 12, 2013.
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 25106, Jan. 21, 2014>
This Decree shall enter into force on April 1, 2014.
ADDENDA <Presidential Decree No. 26043, Jan. 12, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Term of Validity of Passports Issued to Administrative Staff)
Where any application for issuance of passport is filed before this Decree enters into force, the term of validity of the relevant passport shall be governed by the former provisions.
ADDENDA <Presidential Decree No. 27166, May 13, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Certification of Exceptional Use, etc. of Passport)
The amended provisions of Article 29 (2) shall apply beginning with cases where an application for exceptional use, etc. of passport is filed after this Decree enters into force.
ADDENDA <Presidential Decree No. 27620, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 30, 2016.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 28146, Jun. 27, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Passports Reported Lost)
The former provisions shall apply where a passport is reported lost under the former Article 20 (1) before this Decree enters into force, notwithstanding the amended provisions of Article 20 (2).
ADDENDA <Presidential Decree No. 28473, Dec. 19, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 21, 2017.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 28782, Apr. 3, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 29187, Sep. 28, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 30182, Nov. 5, 2019>
This Decree shall enter into force on the date of its promulgation.