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
Presidential Decree No. 30498, Mar. 3, 2020
Presidential Decree No. 31262, Dec. 15, 2020
Presidential Decree No. 31865, Jul. 6, 2021
CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to prescribe matters mandated 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) | A certificate and travel certificate (hereinafter referred to as "passport, etc.") shall indicate the national emblem on the upper right side of its cover and, below the emblem, the name of the Republic of Korea and classification of the passport in Korean and Roman alphabet, respectively: Provided, That in cases of a passport in which information referred to in Article 7 (1) of the Act is recorded electronically, a mark shall be added to the bottom right side of its cover indicating that information is recorded electronically according to standards determined by the International Civil Aviation Organization. <Amended on Dec. 15, 2020> |
| (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 on Dec. 30, 2009; Jan. 21, 2014; Jan. 12, 2015; Mar. 3, 2020; Dec. 15, 2020; Jul. 6, 2021> |
| 1. | Ordinary passport: Indigo (14 pages for a single-use passport and 26 pages or 58 pages for a multiple-use passport): Provided, That a multiple-use passport of less than five years shall have 26 pages. |
| 2. | Official passport: Dark gray (26 or 58 pages); |
| 3. | Diplomatic passport: Red (26 or 58 pages). |
| 4. | Emergency passport: Blue (12 pages). |
| 5. | Travel certificate: Black (12 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 personal 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 or her Korean name in accordance with the relevant provisions of the International Civil Aviation Organization, and details related thereto shall be prescribed by Ordinance of the Ministry of Foreign Affairs. <Amended on Dec. 30, 2009; Sep. 30, 2011; Jun. 8, 2012; Mar. 23, 2013; Apr. 3, 2018; Dec. 15, 2020> |
| (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 on Dec. 30, 2009; Mar. 23, 2013; Jul. 6, 2021> |
| 1. | Issuance of emergency passports; |
| 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 on Dec. 30, 2009; 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 on Jun. 27, 2017; 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 or 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 on Sep. 7, 2012; Mar. 23, 2013; Apr. 3, 2018; Jul. 6, 2021> |
| 1. | Where the pronunciation of the name in Roman alphabet stated in the passport is clearly different from that of his or 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 a person has already used the name in Roman alphabet different from the name in Roman alphabet stated in the passport for reasons of employment or study abroad, and he or she is likely to suffer considerable inconvenience in his or her stay or activities abroad unless the name in Roman alphabet stated in his or her passport is changed or he or she has used such name for a long period; |
| 3. | Where the applicant needs to change his or 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 or her family members for the reason that he or 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 or her spouse in his or 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 or her name in Roman alphabet after he or she has changed his or her Korean name; |
| 7. | Where the applicant intends to change his or her name in Roman alphabet before he or she uses his or her passport issued for the first time; |
| 8. | Where the applicant continues to use the name in Roman alphabet that he or she has used before 18 years old even after he or she turns 18 years old and intends to change the same Korean name into the name in Roman alphabet differently; |
| 9. | Where it is necessary to match the name in Roman alphabet stated in the passport with that in the emigration entry visa for the purpose of emigration; |
| 10. | Where a person with the same name in Roman alphabet is registered as a person subject to entry control in a foreign country; |
| 11. | Other cases where the Minister of Foreign Affairs deems it necessary to correct or change the name in Roman alphabet stated in a passport for the purpose of arrival or departure or staying abroad. |
| (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 on Mar. 23, 2013; Apr. 3, 2018> |
| (3) | Matters necessary for correcting or changing the applicant’s name in Roman alphabet, except as provided in paragraphs (1) and (2), shall be prescribed by Ordinance of the Ministry of Foreign Affairs. <Amended on Jun. 8, 2012; Mar. 23, 2013; Apr. 3, 2018> |
[This Article Newly Inserted on Sep. 30, 2011]
[Title Amended on Apr. 3, 2018]
| Article 3-3 (Establishment and Operation of Integrated Passport Information Management System) |
| (1) | The Minister of Foreign Affairs shall regularly inspect and evaluate the adequacy of the information collected, stored, and managed by the integrated passport information management system referred to in Article 8 (2) of the Act on an annual basis. |
| (2) | The Minister of Foreign Affairs may request an agency that vicariously exercises the authority regarding passports under Article 21 (1) of the Act to submit materials necessary for the inspection and evaluation under paragraph (1) and the interlinked operation of the integrated passport information management system under Article 8 (2) of the Act. |
| (3) | Upon receiving a request to submit data under paragraph (2), an agency that vicariously exercises the authority regarding passports shall submit data within 30 days unless there is a compelling reason not to do so. |
| (4) | Matters necessary for the establishment and operation of the integrated passport information management system, other than those provided in paragraphs (1) through (3), shall be determined by the Minister of Foreign Affairs. |
[This Article Newly Inserted on Dec. 15, 2020]
| 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 or 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 on Mar. 23, 2013>
CHAPTER II ORDINARY PASSPORT
| Article 5 (Applications for Issuance of Ordinary Passports) |
| (1) | Any person intending to be issued an ordinary passport shall submit the following documents (including electronic documents) to the Minister of Foreign Affairs: <Amended on Jul. 6, 2021> |
| 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); |
| 3. | Other documents prescribed by Ordinance of the Ministry of Foreign Affairs as necessary for the issuance of an ordinary passport. |
| (2) | The issuance of an ordinary passport in cases publicly notified by the Minister of Foreign Affairs taking into account technical circumstances, such as the reissuance of a passport, may be applied through an electronic window for civil petitions established and operated pursuant to the main clause of Article 9 (2) of the Electronic Government Act (hereafter in this Article, referred to as "electronic civil petition window"). |
| (3) | Where the Minister of Foreign Affairs deems the details of a document submitted through an electronic window for civil petitions under paragraph (2) are different from facts, he or she may request the applicant to supplement or correct the document before granting the relevant passport. |
[This Article Wholly Amended on Dec. 15, 2020]
| Article 6 (Effective Period of Ordinary Passport) |
| (1) | The effective period of an ordinary passport shall be 10 years. <Amended on Dec. 30, 2009> |
| (2) | Notwithstanding paragraph (1), the Minister of Foreign Affairs may issue to any of the following persons an ordinary passport with an effective period categorized as below: Provided, That whether a person falls under subparagraph 5 shall be determined in consultation with a relevant administrative agency: <Amended on Sep. 20, 2010; Sep. 30, 2011; Jun. 8, 2012; Mar. 23, 2013; Jan. 12, 2015; Nov. 29, 2016; Nov. 5, 2019; Dec. 15, 2020; Jul. 6, 2021> |
| 1. | Persons under age 18: Five years; |
| 2. | Persons aged between 18 and 37 years who are on a preliminary military service, onboard ship reserve service, or supplementary or alternative service (excluding persons who are to be released from their duty within less than six months, have completed service, or have obtained an overseas travel certificate pursuant to Article 70 of the Military Service Act by the last day of the year they turn 37 years old): Five years; |
| (a) | Deleted. <Jul. 6, 2021> |
| (b) | Deleted. <Jul. 6, 2021> |
| 3. | Deleted; <Jul. 6, 2021> |
| 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 paragraphs (1) and (2) 1 and 2, in any of the following cases and where the applicants themselves want, the Minister of Foreign Affairs may issue an ordinary passport with an effective period categorized as follows: <Newly Inserted on Dec. 30, 2009; Sep. 30, 2011; Jun. 8, 2012; Mar. 23, 2013; Jul. 6, 2021> |
| 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 effective period 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 effective period referred to in the previous passport. |
| (4) | Deleted. <Sep. 20, 2010> |
| Article 6-2 Deleted. <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 (3) of the Act: <Amended on Jul. 7, 2009; Mar. 23, 2013; Nov. 20, 2013; Jan. 12, 2015; Dec. 15, 2020; Jul. 6, 2021> | 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) | Among executives and employees of the Bank of Korea and public institutions under the Act on the Management of Public Institutions, those deemed necessary by the Minister of Foreign Affairs to carry an official passport; |
| 2. | Persons recognized by the Minister of Foreign Affairs as having necessity to hold an official passport, from among overseas resident employees of the Bank of Korea and public institutions under the Act on the Management of Public Institutions, 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; |
| 4. | Administrative staff of overseas diplomatic missions of the Republic of Korea under Article 32 of the Foreign Service Officials Act, and their spouses, unmarried children under age 27, and parents with no ability to support themselves; |
| 5. | Persons accompanying the public officials belonging to the Ministry of Foreign Affairs or other national and local 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 on Sep. 7, 2012; Mar. 23, 2013; Dec. 15, 2020; Jul. 6, 2021>
| 1. | A written application for the issuance of a passport; |
| 2. | Documents attesting that he or she is entitled to issuance of an official passport under Article 7; |
| 3. | One copy of a photograph for a passport; |
| 4. | Other documents prescribed by Ordinance of the Ministry of Foreign Affairs as necessary for the issuance of official passports. |
| Article 9 (Effective Period of Official Passport) |
| (1) | The effective period of an official passport shall be five years: Provided, That the following persons may be issued an official passport with an effective period categorized as below: <Amended on Jul. 7, 2009; Mar. 23, 2013; Jan. 12, 2015; Nov. 29, 2016; Nov. 29, 2016; Dec. 15, 2020; Jul. 6, 2021> |
| 1. | Persons falling under subparagraph 1 (b) of Article 7: Within one year; |
| 2. | 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 effective period may be three years; |
| 3. | Deleted; <Jul. 6, 2021> |
| 4. | 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 effective period 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 effective period, 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 or her shall be ineffective from that time, even within the effective period under paragraph (1): Provided, That where he or 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 on Mar. 23, 2013> |
CHAPTER IV DIPLOMATIC PASSPORT
| Article 10 (Persons Entitled to Issuance of Diplomatic Passports) |
The Minister of Foreign Affairs may issue a diplomatic passport to any of the following persons under Article 4 (3) of the Act: <Amended on Jul. 7, 2009; Mar. 23, 2013; Dec. 15, 2020; Jul. 6, 2021> | 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, such public officials belonging to the Ministry of Foreign Affairs as designated by the Minister of Foreign Affairs, other public officials serving in diplomatic missions abroad under Article 31 of the Foreign Service Officials Act, local public officials, 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 (Effective Period of Diplomatic Passport) |
| (1) | The effective period of a diplomatic passport shall be five years: Provided, That the following persons may be issued the diplomatic passport with the relevant effective period: <Amended on Jul. 7, 2009; Nov. 29, 2016; Jul. 6, 2021> |
| 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 effective period shall be the relevant period plus six months, within the limit of five years; |
| 2. | Deleted; <Jul. 6, 2021> |
| 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 effective period, 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 effective period: Provided, That where he or she stays overseas, this shall not apply to a reasonable period needed for returning from abroad, as prescribed by Ordinance of the Ministry of Foreign Affairs under the proviso of Article 9 (2). <Amended on Jul. 7, 2009; Mar. 23, 2013> |
CHAPTER V SINGLE-USE PASSPORT
| Article 13 Deleted. <Jul. 6, 2021> |
| 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 on Sep. 7, 2012; Mar. 23, 2013; Dec. 15, 2020; Jul. 6, 2021>
| 1. | A written application for the issuance of a passport; |
| 3. | One copy of a photograph for a passport; |
| 4. | Other documents prescribed by Ordinance of the Ministry of Foreign Affairs as necessary for the issuance of a single-use passport. |
| Article 15 (Effective Period of Single-Use Passport) |
| (1) | The effective period 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 effective period to make such an overseas travel. <Amended on Mar. 23, 2013; Dec. 15, 2020> |
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 on Jul. 7, 2009; Dec. 30, 2009; Mar. 23, 2013; Apr. 3, 2018; Jul. 6, 2021> | 1. | Departing stateless persons; |
| 2. | Deleted; <Jul. 6, 2021> |
| 3. | Deleted; <Jul. 6, 2021> |
| 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 provided in subparagraphs 1, 4, 5, 5-2, and 6 and recognized by the Minister of Foreign Affairs as having an urgent need for the issuance of a travel certificate. |
| 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 OF PASSPORTS
| Article 18 (Reissuance of Passports) |
Any person seeking reissuance of a passport under Article 11 of the Act shall file an application accompanied by the following documents (including electronic documents): <Amended on Jul. 6, 2021> | 1. | A written application for the reissuance of a passport; |
| 2. | Previous passport: Provided, That it shall be excluded where such passport has been lost; |
| 3. | One copy of a photograph for a passport; |
| 4. | Other documents prescribed by Ordinance of the Ministry of Foreign Affairs as necessary for the reissuance of passports. |
[This Article Wholly Amended on Dec. 15, 2020]
| Article 19 Deleted. <Sep. 30, 2011> |
| Article 20 (Provision of Information, Report as at the time of Loss of Passport) |
| (1) | Any person who has lost his or her passport may report such loss to the Minister of Foreign Affairs as prescribed by Ordinance of the Ministry of Foreign Affairs. <Amended on Mar. 23, 2013; Jun. 27, 2017> |
| (2) | Deleted. <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 on Mar. 23, 2013; 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 Deleted. <Jul. 6, 2021> |
| Article 22 (Change of Matters Stated in Passport) |
A person who intends to apply for change of entries in his or her passport to enter the previous passport number and place of birth pursuant to Article 15 of the Act shall file an application prescribed by Ordinance of the Ministry of Foreign Affairs, accompanied by his or her valid passport. [This Article Wholly Amended on Dec. 15, 2020]
CHAPTER VIII REFUSAL OF AND RESTRICTION ON ISSUANCE AND REISSUANCE OF PASSPORTS
| Article 23 (Request for Refusal of or Restriction on Issuance 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 or her official duties, he or 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 on 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 or 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 Issuance 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 on 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 on Mar. 23, 2013> |
| Article 25 (Re-request for Refusal of or Restriction on Issuance 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 or 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 of Issuance 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 or 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 or she shall consult in advance the head of a requesting agency: <Amended on 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 or her; |
| 4. | Where the applicant has obtained, or is scheduled to obtain, permanent residency or a visa for long-term stay; |
| 5. | Deleted. <May 13, 2016> |
| Article 26-2 (Restrictions on Issuance of Passports) |
| (1) | With regard to a person against whom any of the following measures has been taken by a foreign government for committing a crime, robbery, abduction, human trafficking, sex crime, narcotics crime, stowaway, illegal immigration, or other serious unlawful conduct in a foreign country under Article 12 (3) 2 of the Act and such fact is notified by an overseas diplomatic mission or related administrative agency, the Minister of Foreign Affairs may restrict the issuance or reissuance of a passport: |
| 1. | Measures of deportation; |
| 2. | Filing complaints against the Government of the Republic of Korea, or requesting rectification, compensation for damages, or apologies from the Government of the Republic of Korea; |
| 3. | Measures to restrict the rights and interests, or to create or increase obligations, of the Government or citizens of the Republic of Korea. |
| (2) | The Minister of Foreign Affairs may restrict the issuance, etc. of passports to persons falling under the subparagraphs of Article 12 (3) of the Act during the following periods: |
| (a) | The statutory punishment for the relevant unlawful conduct under domestic Acts is imprisonment with or without labor for a minimum term of at least one year or heavier: Three years; |
| (b) | Where the statutory punishment for the relevant unlawful conduct under domestic Acts is imprisonment with or without labor for a minimum term of less than one year and the maximum term of at least three years: Two years; |
| (c) | Where the statutory punishment for the relevant unlawful conduct under domestic Acts is imprisonment with or without labor for a minimum term of less than one year and a maximum term of less than three years: One year. |
| (3) | Notwithstanding paragraph (2), the Minister of Foreign Affairs may increase or mitigate punishment within the limit of 1/2 of the period set forth in paragraph (2), if deemed necessary, taking into consideration the frequency and details of the unlawful conduct, the degree of damage to the national dignity, and other factors: Provided, That the period of increase shall not exceed three years. |
[This Article Newly Inserted on Jul. 6, 2021]
[Previous Article 26-2 moved to Article 26-3 <Jul. 6, 2021>]
| Article 26-3 (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 effective period 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 on May 13, 2016]
[Moved from Article 26-2 <Jul. 6, 2021>]
| 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 or 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 on 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 agency that vicariously exercises the authority regarding passports 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" referred to in the main clause of Article 17 (1) of the Act shall means any danger that occurs outside of Korea in the following situations: <Amended on 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 of Passport) |
| (1) | The Minister of Foreign Affairs may permit the use of the passport and visit or sojourn under the proviso of 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 on Mar. 23, 2013; 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 clause of Article 17 (1) of the Act, intends to reside continuously in such country or region as his or 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 or she belongs and submit it to the Minister of Foreign Affairs, as prescribed by Ordinance of the Ministry of Foreign Affairs. <Newly Inserted on 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 on May 13, 2016> |
[Title Amended on May 13, 2016]
| Article 30 (Public Announcement of Restriction on Use of Passport) |
The announcement of the restriction, etc. on use of passport and its cancellation under Article 17 (2) (including cases applied mutatis mutandis in accordance with Article 14 (3) of the Act) and (3) of the Act and (3) shall be made by posting in the Official Gazette. In such cases, the Minister of Foreign Affairs shall prepare the method to inform such fact to nationals residing in the country or region subject to the restriction, etc. on use of passport. <Amended on Mar. 23, 2013>
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 Second Vice Minister of Foreign Affairs, the vice-chairperson shall be the Deputy Minister of office of Overseas Koreans and Consular Affairs of the Ministry of Foreign Affairs, and the following persons shall be members of the Committee: <Amended on Mar. 23, 2013; 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 and Dismissal 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 or her office or withdraw his or her designation: | 1. | If the council member is unable to continue to perform his or her duties due to a mental or physical disorder; |
| 2. | If the council member is found to have committed irregularities in connection with his or her duties; |
| 3. | If the council member is found incompetent for the office due to dereliction of a duty or indecent conduct, or on other ground; |
| 4. | Where he or she directly expresses that he or she cannot perform his or her duties. |
[This Article Newly Inserted on 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 on 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) |
| (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 or 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 Proceedings) |
| (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. |
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 the heads of local governments under Article 21 (1) of the Act: <Amended on Mar. 23, 2013; Jan. 12, 2015; Jul. 6, 2021> |
| 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; <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 or her exercise of authority with the Minister of Foreign Affairs. <Amended on Mar. 23, 2013; 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 or her, he or 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 on Mar. 23, 2013> |
| (4) | The Minister of Foreign Affairs may inspect and evaluate whether a locum tenens is lawfully conducting the duties by proxy, and may request him or 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 unless there is a compelling reason not to do so. <Amended on Jan. 12, 2015; Dec. 15, 2020> |
| (5) | Where the Minister of Foreign Affairs deems that a locum tenens performs the authorized duties in an illegal or unjustifiable way, he or she may issue a corrective order, and may suspend, cancel or modify all or part of the authorized duties where he or she fails to comply with the corrective order. <Newly Inserted on 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 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, unless there is a compelling reason not to do so. <Newly Inserted on Nov. 5, 2019; Jul. 6, 2021> |
| 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 on Mar. 23, 2013> |
| (2) | The Minister of Foreign Affairs may exempt the following persons from payment of fees pursuant to Article 22 (3) of the Act: <Amended on Jul. 6, 2021> |
| 1. | A refugee requiring relief; |
| 2. | A person seeking reissuance of his or her passport, etc. due to loss or damage by a natural disaster or such; |
| 3. | A person who intends to have his or her passport, etc. reissued or to modify the matters stated in the passport, etc. issued in error without any reason attributable to the applicant; |
| 4. | Other persons recognized by the Minister of Foreign Affairs as having necessity for exemption of fees. |
| (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 or she shall return the fees. <Amended on Mar. 23, 2013> |
Fees under Article 22 (4) of the Act and other expenses paid to agents shall be listed in the attached Table. <Amended on Jul. 6, 2021>
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 on 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 on 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 effective period 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 on Mar. 23, 2013> |
| (3) | The effective period 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 on Mar. 23, 2013> |
| Article 42 (Provision of Public Key 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 on Mar. 23, 2013>
| Article 43 (Retention 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 on 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 on 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 on Mar. 23, 2013> |
| (3) | Details concerning the guideline to authority for the electronic authentication and management of passports shall be prescribed by the Minister of Foreign Affairs. <Amended on Mar. 23, 2013> |
| Article 44-2 (Establishment and Operation of Passport Information Connection System) |
| (1) | Any person who intends to use the passport information connection system referred to in Article 23-2 (1) of the Act (hereinafter referred to as "passport information connection system") shall file an application for use of the passport information connection system with the Minister of Foreign Affairs, specifying the purpose of use, scope of use, and safety management measures. |
| (2) | Where the Minister of Foreign Affairs in receipt of an application for use pursuant to paragraph (1) deems it unnecessary to use the passport information connection system based on the examination of the following matters, he or she may refuse to grant the use of the passport information connection system: |
| 1. | The legitimacy and necessity of the objectives of the verification as to whether the passport is authentic and the verification of the identity of the passport holder; |
| 2. | The adequacy of use of the passport information connection system and measures taken for security and safety control; |
| 3. | Whether processing the requested matters is likely to impede passport service. |
[This Article Newly Inserted on Dec. 15, 2020]
| Article 44-3 (Direction and Supervision of Users of Passport Information Connection System) |
| (1) | The Minister of Foreign Affairs may guide and supervise persons who use the passport information connection system referred to in Article 44-2 (hereafter referred to as "user" in this Article) with respect to matters regarding the use, management, etc. thereof. |
| (2) | If necessary for the guidance and supervision under paragraph (1), the Minister of Foreign Affairs may request users to submit materials prescribed by Ordinance of the Ministry of Foreign Affairs. |
| (3) | A user, upon receipt of a request pursuant to paragraph (2), shall comply with such request, unless there is a compelling reason not to do so. |
[This Article Newly Inserted on Dec. 15, 2020]
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 45 (Notification of Expiration and Issuance of Valid Passports) |
Where a passport holder agrees to receive services, such as an advance notice of the expiration of the effective period of a passport, a notice of the issuance or reissuance of a passport, and information on the receipt of a passport, the Minister of Foreign Affairs may notify the passport holder of the relevant fact by electronic mail or mobile phone text message. In such cases, advance notice of the expiration of the effective period of a passport shall be given three months before the expiration date of the effective period. <Amended on Dec. 15, 2020>
[This Article Newly Inserted on Sep. 28, 2018]
[Title Amended on Dec. 15, 2020]
| Article 46 (Processing of Personally Identifiable Information) |
| 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 the verification of the authenticity of passports, the verification of the identity of passport holders, and the issuance of passport information certificates prescribed in Article 44-2; |
| 10. | Authority regarding notice of the expiration of the effective period of passports, issuance of passports, and the like under Article 45. |
[This Article Newly Inserted on Sep. 28, 2018]
ADDENDA <Presidential Decree No. 20857, Jun. 25, 2008>
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.
ADDENDUM <Presidential Decree No. 30498, Mar. 3, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 31262, Dec 15, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 21, 2020: Provided, That the part concerning general passports in Article 2 (2), Article 2 (3) 1, Article 22 (limited to the part concerning general passports), and subparagraph 1 (a) of the attached Table shall enter into force on December 21, 2021, and the part concerning travel certificates in Article 2 (2) shall enter into force on July 6, 2021. <Amended on Jul. 6, 2021> Article 2 (Provisions on Enforcement of the Passport Act) "Date prescribed by Presidential Decree" in the Addenda to the partially amended Passport Act (Act No. 16025) means December 21, 2020. Article 3 (Applicability to Effective Period of Official Passports for Official Overseas Travel)
The amended provisions of Article 9 (1) 1 shall begin to apply to persons who apply for the issuance of an official passport for an official overseas travel after this Decree enters into force. Article 4 (Transitional Measures concerning Dimensions of Passports)
Passports and travel certificates issued pursuant to the previous provisions of Article 2 as at the time of the enforcement of this Decree shall be deemed to be passports and travel certificates issued in compliance with the dimensions of passports in accordance with this Decree. Article 5 (Transitional Measures concerning Effective Periods of Official Passports)
Previous provisions shall apply to the effective periods of official passports already issued as at the time of the enforcement of this Decree, notwithstanding the amended provisions of Article 9 (1) 1.
ADDENDA <Presidential Decree No. 31865, Jul. 6, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 6, 2021.
Article 2 (Applicability to Change of Effective Periods of Passports)
The amended provisions of Articles 6 (2) 2 and 3, 9 (1) 3, and 12 (1) 2 shall begin to apply where passports are issued after this Decree enters into force. Article 3 (Transitional Measures concerning Previously Issued Passports Following Change in Cover Colors and Number of Pages)
Passports previously issued pursuant to the previous provisions of Article 2 (3) before the enforcement of this Decree may continue to be used until the expiration of their effective period by deeming that the effective period thereof is in conformity with this Decree. Article 4 (Transitional Measures concerning Effective Period of Previously Issued Passports Following Change in Effective Periods of Passports)
Passports issued with an effective period provided by the previous provisions of Article 6 (2) 2 and 3, Article 9 (1) 3, and Article 12 (1) 2 before this Decree enters into force may be continuously used until the expiration of their effective period by deeming that they are in conformity with this Decree. Article 5 (Transitional Measures concerning Previously Issued Travel Certificates following Change of Persons Subject to Issuance of Travel Certificate)
Travel certificates issued to a person falling under the previous provisions of subparagraphs 2 and 3 of Article 16 before this Decree enters into force, may continue to be used until the expiration of their effective period by deeming that they are in compliance with this Decree. Article 6 (Transitional Measures concerning Change of Persons Exempt from Fees)
Notwithstanding the amended provisions of Article 38 (2), the previous provisions shall apply to the exemption from fees for applications for the issuance, re-issuance, or change of entries in a passport, etc. filed before this Decree enters into force.