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FRAMEWORK ACT ON TREATMENT OF FOREIGNERS RESIDING IN THE REPUBLIC OF KOREA

Act No. 8442, May 17, 2007

Amended by Act No. 10374, Jul. 23, 2010

Act No. 11298, Feb. 10, 2012

Act No. 14974, Oct. 31, 2017

Act No. 18793, Jan. 25, 2022

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to prescribe basic matters relating to the treatment, etc. of foreigners residing in the Republic of Korea to help them adjust to Korean society to make full use of their abilities and to create a social environment in which Korean nationals and foreigners in Korea understand and respect one another, thereby contributing to the development and social integration of the Republic of Korea.
 Article 2 (Definitions)
The terms used in this Act are defined as follows:
1. The term "foreigners in Korea" means those who do not possess the nationality of the Republic of Korea and who legally stay in Korea for the purpose of residing in Korea;
2. The term "treatment of foreigners in Korea" means the treatment of foreigners in Korea by the State and local governments according to their legal status;
3. The term "immigrant through marriage" means any foreigner in Korea who had or has a marital relationship with a Korean national.
 Article 3 (Responsibilities of the State and Local Governments)
The State and local governments shall endeavor to establish and implement policies for the treatment, etc. of foreigners in Korea with the aim of achieving the purposes of Article 1.
 Article 4 (Relationship to Other Statutes)
In enacting or amending other statutes related to the treatment, etc. of foreigners in Korea, the State shall adhere to the purposes of this Act.
CHAPTER II ESTABLISHMENT AND IMPLEMENTATION OF POLICIES FOR FOREIGNERS
 Article 5 (Basic Plans for Policies on Foreigners)
(1) The Minister of Justice shall develop a basic plan for policies on foreigners (hereinafter referred to as "basic plan") every five years in consultation with the heads of relevant central administrative agencies.
(2) Basic plans shall contain the following matters:
1. Basic objectives and direction of implementation of policies on foreigners;
2. Tasks, methods and periods for prospective policies on foreigners;
3. Scale of necessary funds and financing plans;
4. Other matters deemed necessary to establish policies on foreigners.
(3) The Minister of Justice shall finalize basic plans developed pursuant to paragraph (1) subject to deliberation by the Foreigners' Policy Committee provided for in Article 8.
(4) Necessary matters relating to the procedures, etc. for the establishment of basic plans shall be prescribed by Presidential Decree.
(5) The Minister of Justice shall take into consideration the principle of reciprocity when establishing basic plans.
 Article 6 (Annual Implementation Plans)
(1) The heads of relevant central administrative agencies shall establish and implement annual implementation plans within their respective jurisdictions in accordance with its basic plan.
(2) With regard to the business matters delegated by the heads of central administrative agencies according to statutes or regulations, the heads of local governments shall establish and implement their own annual implementation plans in accordance with the implementation plans established by the heads of the relevant central administrative agencies.
(3) When any implementation plans of a local government established pursuant to paragraph (2) is not in consistent with basic plans and implementation plans of relevant central administrative agencies, the heads of the relevant central administrative agencies may request the head of a local government concerned to make alterations thereto and may examine whether the outcomes of implementation plans established by the local government concerned conform to basic plans and implementation plans of the relevant central administrative agencies.
(4) The heads of relevant central administrative agencies shall submit to the Minister of Justice their implementation plans for the subsequent and the past year's implementation outcomes and the results of evaluation thereof for their respective jurisdictions, and the Minister of Justice shall compile them and place them on the agenda for the Foreigners' Policy Committee provided for in Article 8.
(5) Other necessary matters relating to the establishment, implementation, evaluation, etc. of the implementation plans shall be prescribed by Presidential Decree.
 Article 7 (Cooperation in Work)
(1) When it is necessary to establish, implement and evaluate basic plans and implementation plans thereof, the Minister of Justice may request the heads of state agencies, local governments and such public organizations determined by Presidential Decree (hereinafter referred to as "heads of public institutions") to provide necessary cooperation, including submission of related materials.
(2) When it is necessary to establish, implement and evaluate implementation plans for the work under their jurisdiction, the heads of central administrative agencies and local governments may request the heads of public institutions concerned to provide necessary cooperation, including submission of related materials.
 Article 8 (Foreigners' Policy Committee)
(1) The Foreigners' Policy Committee (hereinafter referred to as the "Committee") shall be established under the Prime Minister to deliberate and coordinate major matters concerning policies on foreigners.
(2) The Committee shall deliberate upon and coordinate the following matters:
1. Matters relating to the establishment of basic plans for policies on foreigners pursuant to Article 5;
2. Matters relating to the establishment of implementation plans for policies on foreigners and the implementation outcomes and the results of evaluation thereof pursuant to Article 6;
3. Major matters relating to adjustment to society pursuant to Article 15;
4. Other important matters relating to policies on foreigners.
(3) The Committee shall be comprised of not more than 30 members, including one Chairperson. The Prime Minister shall assume the position of the Chairperson thereof, and the members thereof shall be the following persons:
1. The heads of the central administrative agencies determined by Presidential Decree;
2. Persons commissioned by the Chairperson from among those with much knowledge and experience with policies on foreigners.
(4) The Foreigners' Policy Working Committee (hereinafter referred to as the "Working Committee") shall be established within the Committee to deal with matters to be presented to the Committee and delegated by the Committee.
(5) Necessary matters relating to the organization and management of the Committee and the Working Committee, except those provided for in paragraphs (1) through (4), shall be prescribed by Presidential Decree.
 Article 9 (Research and Implementation of Policies)
(1) The Minister of Justice shall perform the following works to efficiently establish basic plans and implementation plans, evaluate the outcomes thereof, organize, and manage the Committee and the Working Committee, etc.:
1. Fact-finding surveys on foreigners in Korea, illegal immigrants and naturalized persons under Article 15;
2. Research on matters necessary for the establishment of basic plans;
3. Pre-research on the matters that are to be placed on the agenda for the Committee and the Working Committee;
4. Management of materials and statistics concerning policies on foreigners, and the performance of the work of the Committee and the Working Committee;
5. Research on the measures for social adjustment and the use thereof pursuant to Article 15, and the implementation of policies therefor;
6. Research on matters deemed necessary for the establishment, etc. of policies on foreigners, and the implementation of policies therefor.
(2) Matters necessary to efficiently deal with the work provided for in subparagraphs of paragraph (1) shall be prescribed by Presidential Decree.
CHAPTER III TREATMENT OF FOREIGNERS IN KOREA
 Article 10 (Safeguarding Human Rights of Foreigners in Korea)
The State and local governments shall endeavor to take necessary measures, such as the conduct of education and publicity activities, to prevent unreasonable discrimination against foreigners in Korea and their children and to safeguard their human rights.
 Article 11 (Support for Social Adjustment of Foreigners in Korea)
The State and local governments may provide foreigners in Korea with education, information and counselling services with respect to basic common knowledge necessary to live in the Republic of Korea.
 Article 12 (Treatment of Immigrants through Marriage and Their Children)
(1) The State and local governments may assist immigrants through marriage and their children in quickly adjusting to the Korean society by providing them with education on Korean language, education on Korean institutions and culture, support for child care and education, medical services, etc. <Amended on Jul. 23, 2010>
(2) The provisions of paragraph (1) shall apply mutatis mutandis to foreigners in Korea who raise children born in a de facto marital relationship with Korean nationals and their children.
(3) The State and local governments may have immigrants through marriage and their children referred to in paragraph (1) and foreigners in Korea and their children referred to in paragraph (2) undergo health examination. <Newly Inserted on Oct. 31, 2017>
 Article 13 (Treatment of Persons with Permanent Residency)
(1) The State and local governments may guarantee foreigners who have the legal status to permanently reside in the Republic of Korea (hereinafter referred to as "permanent residents") the entry, stay, economic activities, etc. in Korea to the extent that security, social order, public welfare and other interests of the Republic of Korea are not undermined.
(2) The provisions of Article 12 (1) shall apply mutatis mutandis to permanent residents.
 Article 14 (Treatment of Refugees)
(1) If a refugee recognized under the Refugee Act wishes to reside in the Republic of Korea, the Sate may provide necessary support to such refugee by applying mutatis mutandis Article 12 (1). <Amended on Feb. 10, 2012>
(2) If a foreigner in Korea who is recognized as a refugee is to depart from the Republic of Korea with the aim of residing in a foreign country, the State may provide him or her with information necessary for departure, consultation, and other necessary support.
 Article 14-2 (Treatment of Special Contributors)
(1) Article 14, and Articles 31 through 36 and 38 of the Refugee Act shall apply mutatis mutandis to the treatment of foreigners and their accompanying family members who reside in the Republic of Korea if they are deemed to make special contribution to the Republic of Korea or to the enhancement of the public interest and therefor support for their settlement in the country is deemed necessary by the Minister of Justice (hereinafter referred to as "special contributor etc.").
(2) The State and a local government may provide special contributors, etc. with the following support:
1. Financial support for initial settlement, and other necessary support for everyday life;
2. Provision of information on employment, job placement, and other necessary support for employment.
[This Article Newly Inserted on Jan. 25, 2022]
 Article 15 (Social Adjustment after Acquiring Nationality)
If a foreigner in Korea acquires the nationality of the Republic of Korea, he or she may benefit from the measures and policies provided for in Article 12 (1) for three years from the day of acquisition of such nationality.
 Article 16 (Improvement of Treatment of Skilled Foreign Workers)
To advance the attraction of foreign workers who have specialized knowledge, technology or skills, the State and local governments shall endeavor to form institutions and policies needed for improvement of their legal status and treatment.
 Article 17 (Treatment of Persons Who Formerly Held Korean Nationality)
The State and local governments may guarantee those who formerly held the nationality of the Republic of Korea or their lineal descendants (excluding those who possess the nationality of the Republic of Korea), as prescribed by Presidential Decree, the entry, stay, economic activities, etc. in Korea to the extent that security, social order, public welfare and other interests of the Republic of Korea are not undermined.
CHAPTER IV CREATING SOCIETY WHERE KOREANS AND FOREIGNERS IN KOREA LIVE IN HARMONY
 Article 18 (Enhancement of Understanding about Cultural Diversity)
The State and local governments shall endeavor to take measures such as education, publicity, and correction of unreasonable institutions, etc. to ensure that Koreans and foreigners in Korea understand and respect each other's history, culture and institutions.
 Article 19 (Together Day)
(1) In order to create a society where Koreans and foreigners in Korea respect each other's culture and traditions, and live in harmony, May 20 shall be designated as 'Together Day', and a period of one week beginning with Together Day as Together Week.
(2) Necessary matters concerning Together Day event may be separately determined by the Minister of Justice, the Special Metropolitan City Mayor, a Metropolitan City Mayor, Do Governor or Special Self-Governing Province Governor.
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 20 (Civil Service and Consultation for Foreigners)
(1) The heads of public institutions may appoint officials to take exclusive charge of informing foreigners in Korea of civil service procedures and require the officials to complete required training courses.
(2) The State may install and manage an integrated information center for foreigners to provide foreigners in Korea and other persons determined by Presidential Decree with information and consultation in foreign languages via telephone or electronic communications networks.
 Article 21 (Cooperation with Private Sector)
The State and local governments may entrust nonprofit corporations or nonprofit organizations with part of their work regarding policies on foreigners and provide them with part of funds required for the performance of the entrusted work and other necessary supports.
 Article 22 (Facilitation of International Exchange)
The State and local governments shall endeavor to facilitate international exchange by participating in international organizations or conferences regarding policies on foreigners and implementing international cooperation work, such as information exchange, and joint surveys and research.
 Article 23 (Announcement and Delivery of Policies)
(1) The State and local governments may announce the basic plan, the implementation plans thereof, etc. established to perform policies on foreigners: Provided, That this shall not apply to matters which the Committee or the Working Committee opts not to promulgate in consideration of national interests, such as national security, social order, public welfare, diplomatic relations, or to matters which may violate privacy.
(2) The State and local governments shall endeavor to ensure that all Koreans and foreigners in Korea easily understand and utilize basic plans, implementation plans thereof, etc. regarding policies on foreigners promulgated in accordance with paragraph (1).
ADDENDUM <Act No. 8442, May 17, 2007>
This Act shall enter into force two months after the date of its promulgation.
ADDENDUM <Act No. 10374, Jul. 23, 2010>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11298, Feb. 10, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2013.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 14974, Oct. 31, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 18793, Jan. 25, 2022>
This Act shall enter into force on the date of its promulgation.