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IMMIGRATION ACT

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IMMIGRATION ACT No.17934 20210316
IMMIGRATION ACT No.17509 20210101
IMMIGRATION ACT No.17365 20201210
IMMIGRATION ACT No.17089 20200925
IMMIGRATION ACT No.16921 20200505
IMMIGRATION ACT No.16344 20190423
IMMIGRATION ACT No.15492 20180921
IMMIGRATION ACT No.15159 20171212
IMMIGRATION ACT No.14585 20170314
IMMIGRATION ACT No.14106 20160930
IMMIGRATION ACT No.13440 20160125
IMMIGRATION ACT No.13426 20160125
IMMIGRATION ACT No.12960 20160107
IMMIGRATION ACT No.12893 20150331
IMMIGRATION ACT No.12782 20150416
IMMIGRATION ACT No.12421 20140619
IMMIGRATION ACT No.12195 20140107
IMMIGRATION ACT No.11690 20130323
IMMIGRATION ACT No.11298 20130701
IMMIGRATION ACT No.11224 20120527
IMMIGRATION ACT No.10863 20120119
IMMIGRATION ACT No.10545 20110405
IMMIGRATION ACT No.10465 20110930
IMMIGRATION ACT No.10282 20101115
IMMIGRATION ACT No.9847 20101230
IMMIGRATION ACT No.9142 20090620
IMMIGRATION ACT No.8726 20080322
IMMIGRATION ACT No.7655 20050804
IMMIGRATION ACT No.7406 20050925
IMMIGRATION ACT No.7034 20031231
IMMIGRATION ACT No.6745 20030306
IMMIGRATION ACT No.6540 20020330
IMMIGRATION ACT No.5755 19990301
IMMIGRATION ACT No.5434 19980314
IMMIGRATION ACT No.5176 19970701
IMMIGRATION ACT No.4796 19950101
IMMIGRATION ACT No.4592 19940701
IMMIGRATION ACT No.4522 19930401
IMMIGRATION ACT No.3694 19840701
IMMIGRATION ACT No.3044 19780401
IMMIGRATION ACT No.2437 19730115
IMMIGRATION ACT No.1900 19670503
IMMIGRATION ACT No.1289 19630305
CHAPTER I GENERAL PROVISIONS
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Article 1 (Purpose)
The purpose of this Act is to provide for matters concerning safe border controls through the immigration control of all nationals and aliens who enter or depart from the Republic of Korea, control over the stay of aliens in the Republic of Korea, procedures for the recognition of refugees and other relevant matters. <Amended by Act No. 11224, Jan. 26, 2012>
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 2 (Definitions)
The terms used in this Act shall be defined as follows: <Amended by Act No. 11298, Feb. 10, 2012; Act No. 12421, Mar. 18, 2014>
1. The term "national" means a national of the Republic of Korea;
2. The term "alien" means any person who is not a national of the Republic of Korea;
3. The term "refugee" means a refugee defined in subparagraph 1 of Article 2 of the Refugee Act;
4. The term "passport" means a passport or refugee travel document issued by the Government of the Republic of Korea, any foreign government or competent international organization, or any other document substituting the passport, which are deemed valid by the Government of the Republic of Korea;
5. The term "seafarers’ identity document" means a document issued by the Government of the Republic of Korea or a foreign government, which certifies that its holder is a seafarer;
6. The term "port of entry and departure" means a harbor, airport or other places prescribed by Presidential Decree in the Republic of Korea, through which any person may enter or depart from the Republic of Korea;
7. The term "head of an overseas diplomatic mission" means an ambassador, minister, consul-general or consul of the Republic of Korea residing in a foreign country, or the head of an organization carrying out consular affairs;
8. The term "ship, etc." means any ship, airplane, train, automobile and other means of transportation which transport persons or things between the Republic of Korea and any area outside the Republic of Korea;
9. The term "crew member" means any person who is engaged in any capacity on board a ship, etc.;
10. The term "forwarding agent" means any person who operates any business using a ship, etc., and any person who executes any transaction belonging to the business of the said person on his/her behalf;
11. The term "detention" means an immigration control official’s enforcement activities taking into custody or impounding a person having reasonable grounds to be suspected of falling under persons subject to deportation under the subparagraphs of Article 46 (1) at an immigration detention unit, immigration detention center or other place designated by the Minister of Justice;
12. The term "immigration detention unit" means a place provided at a Regional Immigration Service for the purpose of detaining aliens under this Act;
13. The term "immigration detention center" means facilities established at a Regional Immigration Service for the purpose of detaining aliens under this Act, and prescribed by Presidential Decree;
14. The term "immigration offender" means any person deemed to have committed any of the offenses prescribed in Articles 93-2, 93-3, 94 through 99, 99-2, 99-3 and 100.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
CHAPTER II NATIONALS’ ENTRY INTO AND DEPARTURE FROM THE REPUBLIC OF KOREA
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Article 3 (Nationals’ Departure from the Republic of Korea)
(1) A national who intends to depart from the Republic of Korea to an area outside the Republic of Korea (hereinafter referred to as "departure") shall hold a valid passport and undergo a departure inspection conducted by an immigration control official at the port of entry and departure from which he/she departs: Provided, That if the national cannot depart from a port of entry and departure due to extenuating circumstances, he/she may depart after undergoing a departure inspection conducted by an immigration control official at a place, other than a port of entry and departure, with permission from the head of the competent Regional Immigration Service. <Amended by Act No. 12421, Mar. 18, 2014>
(2) A departure inspection using an informatization device may substitute for a departure inspection under paragraph (1), as prescribed by Presidential Decree.
(3) The Minister of Justice may request a related administrative agency to submit a national's fingerprint and facial data held by the administrative agency, if necessary for a departure inspection using an informatization device under paragraph (2). <Newly Inserted by Act No. 14106, Mar. 29, 2016>
(4) Upon receipt of a request for cooperation under paragraph (3), no related administrative agency shall reject the request without justifiable ground. <Newly Inserted by Act No. 14106, Mar. 29, 2016>
(5) Immigration control officials may utilize the data submitted under paragraph (3) for departure inspections. <Newly Inserted by Act No. 14106, Mar. 29, 2016>
(6) The Minister of Justice shall manage the data submitted under paragraph (3) in accordance with the Personal Information Protection Act. <Newly Inserted by Act No. 14106, Mar. 29, 2016>
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 4 (Prohibition of Departure)
(1) The Minister of Justice may prohibit a national from departing from the Republic of Korea for a prescribed period not exceeding six months if the national falls under any of the following persons: <Amended by Act No. 10863, Jul. 18, 2011>
1. A person pending in a criminal trial;
2. A person whose imprisonment with or without labor has not completed;
3. A person who fails to pay a fine or punitive collection charge of at least the amount prescribed by Presidential Decree;
4. A person who fails to pay national taxes, customs or local taxes of at least the amount prescribed by Presidential Decree by the deadline for payment without good cause;
5. A person equivalent to those subparagraphs 1 through 4, whose departure is determined inappropriate by Ordinance of the Ministry of Justice, as he/she is likely to harm the national interest, public security or economic order of the Republic of Korea.
(2) The Minister of Justice may prohibit a person from departing from the Republic of Korea for a prescribed period not exceeding one month, if his/her departure from the Republic of Korea is deemed inappropriate for criminal investigations: Provided, That any of the following persons shall be prohibited from departing from the Republic of Korea for the period prescribed in each subparagraph: <Newly Inserted by Act No. 10863, Jul. 18, 2011>
1. A person for whom it has been determined to stay prosecution due to his/her unknown whereabouts, or a person in whose case it is impracticable to proceed with investigations due to special reasons, such as flight: Within three months;
2. A person for whom it has been determined to stay prosecution and an arrest warrant or bench warrant has been issued: Within the period of validity of the warrant.
(3) The head of a central administrative agency or the head of a relevant agency determined by the Minister of Justice may request the Minister of Justice to prohibit a national’s departure from the Republic of Korea, when he/she deems that the national falls under any subparagraph of paragraph (1) or (2) in connection with the affairs under his/her jurisdiction. <Amended by Act No. 10863, Jul. 18, 2011>
(4) In conducting a departure inspection, no immigration control official shall permit any person whose departure is prohibited under paragraph (1) or (2), to depart from the Republic of Korea. <Amended by Act No. 10863, Jul. 18, 2011>
(5) Except as otherwise provided for in paragraphs (1) through (4), matters necessary in relation to the period of and procedures for prohibition of departure shall be prescribed by Presidential Decree. <Amended by Act No. 10863, Jul. 18, 2011>
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 4-2 (Extensions of Period of Prohibition of Departure)
(1) The Minister of Justice may extend the period of prohibition of departure, when deemed necessary to continue to prohibit departure.
(2) The head of an agency who has requested prohibition of departure under Article 4 (3) shall request an extension of the period of prohibition of departure to the Minster of Justice by no later than three days prior to the expiration of such period if it is necessary to continue to prohibit departure in excess of the initial period of prohibition. <Amended by Act No. 10863, Jul. 18, 2011>
(3) Except as otherwise provided for in paragraphs (1) and (2), matters necessary in relation to procedures for extending the period of prohibition of departure shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 4-3 (Revocation of Prohibition of Departure)
(1) The Minster of Justice shall revoke prohibition of departure immediately, when the grounds for prohibition of departure cease to exist or prohibition of departure is deemed unnecessary.
(2) The head of an agency who has requested prohibition of departure under Article 4 (3) shall immediately request the Minster of Justice to revoke the prohibition of departure when the grounds for prohibition of departure cease to exist. <Amended by Act No. 10863, Jul. 18, 2011>
(3) Except as otherwise provided for in paragraphs (1) and (2), matters necessary in relation to procedures for revoking prohibition of departure shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 4-4 (Notice of Decision, etc. on Prohibition of Departure)
(1) The Minister of Justice shall immediately give written notice stating the grounds for, and period of, departure prohibition and other matters to the person concerned when he/she prohibits such person’s departure under Article 4 (1) or (2), or extends the period of prohibition of departure under Article 4-2 (1). <Amended by Act No. 10863, Jul. 18, 2011>
(2) The Minister of Justice shall immediately give notice to the person concerned when he/she revokes prohibition of departure under Article 4-3 (1).
(3) Notwithstanding paragraph (1), the Minister of Justice need not give written notice under paragraph (1) in any of the following circumstances: <Amended by Act No. 10863, Jul. 18, 2011; Act No. 12893, Dec. 30, 2014>
1. Where such notice may substantially and obviously harm the national security of the Republic of Korea or public interests;
2. Where such notice may substantially and obviously interfere with a criminal investigation: Provided, That where the total period of prohibition of departure from the Republic of Korea, including an extension, exceeds three months, the Minister of Justice shall give notice to the person concerned;
3. Where the whereabouts of the person prohibited from departing from the Republic of Korea is unknown.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 4-5 (Filing Objections to Decisions, etc. on Prohibition of Departure)
(1) A person whose departure is prohibited under Article 4 (1) or (2), or whose period of prohibition of departure is extended under Article 4-2 (1) may file an objection to the decision on prohibition of departure or an extension of the period of prohibition of departure with the Minister of Justice, within ten days of receiving a notice thereof or becoming aware of such fact. <Amended by Act No. 10863, Jul. 18, 2011>
(2) The Minster of Justice shall decide the appropriateness of an objection filed under paragraph (1) within 15 days from the filing date of such objection: Provided, That the term may be extended only once by up to 15 days, in exceptional circumstances.
(3) The Minister of Justice shall immediately revoke prohibition of departure or withdraw an extension of such prohibition where an objection filed under paragraph (1) is deemed reasonable, and the Minister shall dismiss the objection and give written notice stating the grounds therefor to the person concerned if such objection is deemed groundless.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 4-6 (Emergency Prohibition of Departure from the Republic of Korea)
(1) Where an investigative agency has reasonable grounds to suspect that a person has committed a crime subject to death penalty, imprisonment with labor for an indefinite term or imprisonment of at least three years with or without labor, and there is an urgent need in any of the following circumstances, the investigative agency may request an immigration control official conducting departure inspections to prohibit the person from departing from the Republic of Korea, notwithstanding Article 4 (3):
1. Where a suspect is likely to destroy evidence;
2. Where a suspect has fled or is likely to flee.
(2) Upon receipt of a request prohibiting a person from departing from the Republic of Korea under paragraph (1), no immigration control official shall permit the person to depart from the Republic of Korea when conducting a departure inspection.
(3) An investigative agency shall lodge a request for approval with the Minister of Justice within six hours of making a request for emergency prohibition of departure from the Republic of Korea pursuant to paragraph (1). In such cases, such request shall be accompanied by a written direction of investigation signed by a public prosecutor and a report on the emergency prohibition of departure from the Republic of Korea stating the short summary of a crime, grounds for the emergency prohibition of departure from the Republic of Korea.
(4) Where an investigative agency fails to lodge a request for approval for emergency prohibition of departure from the Republic of Korea under paragraph (3), the Minister of Justice shall revoke the prohibition of departure from the Republic of Korea in force at the request made by the investigative agency under paragraph (1). The same shall also apply where the investigative agency fails to obtain approval for emergency prohibition of departure from the Republic of Korea from the Minister of Justice within 12 hours of lodging a request for approval.
(5) Where the prohibition of departure from the Republic of Korea is revoked pursuant to paragraph (4), no investigative agency shall re-request the emergency prohibition of departure from the Republic of Korea based on the same crime.
(6) Procedures for requesting the emergency prohibition of departure from the Republic of Korea, preparation of reports thereon and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted Amended by Act No. 10863, Jul. 18, 2011]
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Article 5 (Custody of Nationals’ Passport, etc.)
If an immigration control official finds a national in possession of a forged or altered passport or seafarers’ identity document, he/she may withdraw and take custody thereof.
[This Article Wholly Amended by Act No. 12893, Dec. 30, 2014]
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Article 6 (Nationals’ Entry into the Republic of Korea)
(1) A national who intends to enter the Republic of Korea from an area outside the Republic of Korea (hereinafter referred to as "entry") shall hold a valid passport and undergo an entry inspection conducted by an immigration control official at the port of entry and departure through which he/she enters the Republic of Korea: Provided, That if the national cannot enter the Republic of Korea through a port of entry and departure due to extenuating circumstances, he/she may enter after undergoing an entry inspection conducted by an immigration control official at a place, other than a port of entry and departure, with permission from the head of the competent Regional Immigration Service. <Amended by Act No. 12421, Mar. 18, 2014>
(2) If a national intends to enter the Republic of Korea without a valid passport as he/she has lost it or for any other reason, an immigration control official may permit the national to enter after verification.
(3) An entry inspection under paragraph (1) may be substituted by an entry inspection using an informatization device, as prescribed by Presidential Decree.
(4) The Minister of Justice may request a related administrative agency to submit a national's fingerprint and facial data held by the administrative agency, if necessary for an entry inspection using an informatization device under paragraph (3). <Newly Inserted by Act No. 14106, Mar. 29, 2016>
(5) Upon receipt of a request for cooperation under paragraph (4), no related administrative agency shall reject the request without justifiable ground. <Newly Inserted by Act No. 14106, Mar. 29, 2016>
(6) Immigration control officials may utilize the data submitted under paragraph (4) for entry inspections. <Newly Inserted by Act No. 14106, Mar. 29, 2016>
(7) The Minister of Justice shall manage the data submitted under paragraph (4) in accordance with the Personal Information Protection Act. <Newly Inserted by Act No. 14106, Mar. 29, 2016>
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
CHAPTER III ENTRY AND LANDING OF ALIENS
SECTION 1 Entry of Aliens
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Article 7 (Entry of Aliens)
(1) When an alien enters the Republic of Korea, he/she shall hold a valid passport and a visa issued by the Minister of Justice.
(2) Notwithstanding paragraph (1), any of the following aliens may enter the Republic of Korea without a visa:
1. A person who has obtained permission to reenter or is exempted from permission for reentry enters the Republic of Korea before the period of such permission or exemption expires;
2. A person who is a national of a country which has entered into the Visa Exemption Agreement with the Republic of Korea and eligible for a visa exemption under such Visa Exemption Agreement;
3. A person who enters the Republic of Korea for international friendship, sightseeing or in the interests of the Republic of Korea, etc., with entry permission he/she has obtained otherwise, as prescribed by Presidential Decree;
4. A person who departed from the Republic of Korea with a refuge travel document issued, and enters the Republic of Korea before the term of validity of such certificate expires.
(3) The Minister of Justice may temporarily suspend the application of the Visa Exemption Agreement to persons who fall under paragraph (2) 2 where deemed necessary for maintaining public order or in the interests of the Republic of Korea.
(4) Notwithstanding paragraph (1), any national of a country which has no diplomatic relationship with the Republic of Korea, or of a country designated by the Minister of Justice through consultation with the Minister of Foreign Affairs, may enter the Republic of Korea with an alien entry permit issued by the head of an overseas diplomatic mission or the head of a Regional Immigration Service, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12421, Mar. 18, 2014>
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 7-2 (Prohibition of False Invitations, etc.)
No one shall engage in any of the following conduct to enable an alien to enter the Republic of Korea:
1. Inviting an alien by improper means, such as making a false statement or providing a false reference, or assisting such invitation;
2. Falsely applying for a visa or a visa issuance certificate, or assisting such application.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 8 (Visas)
(1) A visa referred to in Article 7 shall be categorized as a single-entry visa valid for only one entry into the Republic of Korea and a multiple-entry visa valid for at least two entries.
(2) The Minister of Justice may delegate his/her authority to issue visas to the heads of overseas diplomatic missions, as prescribed by Presidential Decree.
(3) Criteria and procedures for the issuance of visas shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 9 (Visa Issuance Certificates)
(1) The Minister of Justice may issue a visa issuance certificate to an alien who intends to enter the Republic of Korea, upon application of the alien, before issuing a visa under Article 7 (1), if deemed particularly necessary.
(2) An application for a visa issuance certificate under paragraph (1) may be filed by any person who intends to invite an alien to the Republic of Korea on behalf of the alien.
(3) Eligibility, criteria and procedures for the issuance of visa issuance certificates under paragraph (1) shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 10 (Status of Stay)
(1) Every alien who intends to enter the Republic of Korea shall be granted status of stay prescribed by Presidential Decree.
(2) The maximum period of stay initially granted depending on an alien’s status of stay shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 11 (Prohibition, etc. of Entry)
(1) The Minister of Justice may prohibit an alien from entering the Republic of Korea if the alien falls under any of the following: <Amended by Act No. 12960, Jan. 6, 2015>
1. A patient with an infectious disease, an addict to narcotics, or a person deemed likely to pose a threat to public health;
2. A person who intends to enter the Republic of Korea unlawfully, carrying a firearm, knife, sword, explosives, etc. specified in the Act on the Safety Management of Guns, Swords, Explosives, Etc.;
3. A person deemed highly likely to engage in any conduct harming the interests or public security of the Republic of Korea;
4. A person deemed highly likely to engage in any conduct disturbing economic or social order or good morals;
5. A mentally disabled person who is void of a capacity of reasoning and has no person to assist his/her stay in the Republic of Korea, a person who cannot afford expenses incurred in his/her stay in the Republic of Korea, and a person in need of relief;
6. A person for whom five years have not elapsed after departure from the Republic of Korea under a deportation order;
7. A person who took part in the slaughter or cruel treatment of people on the grounds of race, ethnicity, religion, nationality, political opinion, etc. under an instruction from, or in liaison with, any of the following governments during the period from August 29, 1910 to August 15, 1945:
(a) The Japanese government;
(b) Any government in alliance with the Japanese government;
(c) Any government on which the Japanese government exercised predominant influence;
8. A person equivalent to those referred to in subparagraphs 1 through 7 whose entry into the Republic of Korea is deemed inappropriate by the Minister of Justice.
(2) If the home country of an alien who intends to enter the Republic of Korea refuses the entry of a Korean national for any reason, other than those referred to in the subparagraphs of paragraph (1), the Minister of Justice may refuse the entry of such alien for the same reason.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 12 (Entry Inspections)
(1) Every alien who intends to enter the Republic of Korea shall undergo an entry inspection conducted by an immigration control official at a port of entry and departure.
(2) The proviso to Article 6 (1) and paragraph (3) of the same Article shall apply mutatis mutandis to paragraph (1).
(3) In conducting an entry inspection, an immigration control official shall grant entry permission to an alien after examining whether the alien satisfies the following requirements:
1. His/her passport and visa shall be valid: Provided, That the visa requirement shall be met only in cases required by this Act;
2. The purpose of his/her entry shall comply with the status of stay;
3. The period of stay shall have been determined as prescribed by Ordinance of the Ministry of Justice;
4. He/she shall not be subject to prohibition or refusal of entry under Article 11.
(4) If an alien fails to prove that he/she satisfies the requirements provided for in the subparagraphs of paragraph (3), an immigration control official may refuse his/her entry into the Republic of Korea.
(5) Upon granting entry permission to an alien falling under Article 7 (2) 2 or 3, an immigration control official shall grant the status of stay to the alien and determine the period of stay, as prescribed by Presidential Decree.
(6) An immigration control official may enter ships, etc. for the purpose of conducting inspections under paragraph (1) or (2).
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 12-2 (Fingerprinting and Photographing at Time of Entry)
(1) Every alien who intends to enter the Republic of Korea shall be fingerprinted and photographed in the manner prescribed by Ordinance of the Ministry of Justice and follow the procedures for verifying his/her identity when undergoing an entry inspection pursuant to Article 12: Provided, That this shall not apply to any of the following persons:
1. A person under 17 years of age;
2. A person who enters the Republic of Korea to perform the affairs of a foreign government or international organization, and his/her accompanying family;
3. A person prescribed by Presidential Decree as needing to be exempted from fingerprinting and photographing, in light of the promotion of friendly relationship and cultural exchange with a foreign country, facilitation of economic activities or the interests of the Republic of Korea, etc.
(2) When an alien refuses to be fingerprinted and photographed pursuant to the main sentence of paragraph (1), an immigration control official may refuse the alien’s entry into the Republic of Korea.
(3) The Minister of Justice may request relevant administrative agencies to submit data on an alien’s fingerprints and photograph of his/her face retained by them, if necessary for conducting entry inspections.
(4) No relevant administrative agency in receipt of a request for cooperation under paragraph (3) shall refuse such request without justifiable grounds.
(5) An immigration control official may use information about fingerprints and photographs of faces provided under paragraph (1) and data submitted under paragraph (3) for entry inspections.
(6) The Minister of Justice shall keep and manage information about the fingerprints and photographs of faces provided under paragraph (1) and data submitted under paragraph (3), as prescribed by the Personal Information Protection Act. <Amended by Act No. 10465, Mar. 29, 2011>
[This Article Newly Inserted by Act No. 10282, May 14, 2010]
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Article 12-3 (Bans on Provision of Ships, etc.)
(1) No person shall engage in any of the following conduct for the purpose of illegally allowing any alien to enter or depart from the Republic of Korea or having any alien illegally enter other country via the Republic of Korea:
1. Providing a ship, etc., passport, visa, boarding pass, or other document or any materials usable for entry into or departure from the Republic of Korea;
2. Arranging the conduct referred to in subparagraph 1.
(2) No person shall engage in any of the following conduct in respect of an alien who has illegally entered the Republic of Korea:
1. Harboring or allowing the alien to escape from the Republic of Korea, or providing a means of transportation for such purposes;
2. Arranging any of the conduct referred to in subparagraph 1.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 12-4 (Custody of Alien’s Passport, etc.)
(1) Article 5 shall apply mutatis mutandis to forged or altered passports or seafarers’ identity documents of aliens. <Amended by Act No. 12893, Dec. 30, 2014>
(2) If an immigration control official finds the passport or seafarers’ identity document of an immigration offender who is currently under investigation for a violation of this Act, and subject to deportation under Article 46, he/she may withdraw and take custody thereof.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 13 (Conditional Entry Permission)
(1) The head of a Regional Immigration Service may grant conditional entry permission to any of the following aliens, as prescribed by Presidential Decree: <Amended by Act No. 12421, Mar. 18, 2014>
1. A person who fails to meet any of the requirements provided for in Article 12 (3) 1 due to extenuating circumstances but is deemed able to meet such requirements within a specified period;
2. A person who is suspected of falling under any subparagraph of Article 11 (1), or of failing to meet the requirement provided for in Article 12 (3) 2, and is thus deemed to be subject to a special inspection;
3. Any other person whose case is deemed, by the head of the Regional Immigration Service, to require conditional entry permission for any reasons other than those provided for in subparagraphs 1 and 2.
(2) In granting conditional entry permission under paragraph (1), the head of a Regional Immigration Service shall issue a conditional entry permit to an alien. In such cases, the head of a Regional Immigration Service shall restrict his/her residence, and impose obligation to comply with requests to appear, and impose necessary conditions on the permit and may require the alien to deposit a bond not exceeding ten million won, where deemed necessary. <Amended by Act No. 12421, Mar. 18, 2014>
(3) If an alien granted conditional entry permission under paragraph (1) violates any of the conditions for such permission, the head of the competent Regional Immigration Service may transfer the deposited bond, in whole or in part, to the fund of the National Treasury. <Amended by Act No. 12421, Mar. 18, 2014>
(4) The deposit and return of bonds and procedures for the transfer of such bonds to the fund of the National Treasury under paragraphs (2) and (3) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
SECTION 2 Landing of Aliens
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Article 14 (Landing Permission for Crew Members)
(1) An immigration control official may permit the landing of any of the following alien crew members for up to 15 days if an application for landing is filed by the captain of the ship, etc., the forwarding agent or the principal: Provided, That this shall not apply to an alien crew member falling under any subparagraph of Article 11 (1):
1. An alien crew member who intends to land for the purpose of recreation, etc. while the ship, etc. on which he/she serves moors at any port of entry and departure in the Republic of Korea;
2. An alien crew member who intends to transfer to a ship, etc. scheduled to enter any port of entry and departure in the Republic of Korea or to a ship, etc. which moors thereat.
(2) Upon receipt of an application filed under paragraph (1), an immigration control official shall verify the following documents: Provided, That where any agreement, etc. with foreign countries stipulates that a seafarers’ identity document may substitute for a passport, the immigration control official may verify a seafarers’ identity document, in lieu of a passport:
1. A seafarers’ identity document, where an alien crew member referred to in paragraph (1) 1 is a seafarer;
2. A passport and a document prescribed by Presidential Decree, where an alien crew member referred to in paragraph (1) 2 is a seafarer: Provided, That where such member falls under Article 7 (2) 3, the immigration control official shall verify his/her passport;
3. A passport in the case of other alien crew members.
(3) When an immigration control official grants permission under paragraph (1), he/she shall issue a crewman’s landing permit. In such cases, he/she may impose necessary conditions, such as the period permitted for landing, restrictions on districts within which a crew member can move, etc. on the crewman’s landing permit.
(4) Notwithstanding the latter part of paragraph (3), Article 12 shall apply mutatis mutandis to landing permission for crew members falling under paragraph (1) 2.
(5) The head of a Regional Immigration Service may extend the period of landing permission for an alien crew member granted landing permission, where deemed necessary. <Amended by Act No. 12421, Mar. 18, 2014>
(6) Crewman’s landing permits issued under paragraph (3) may be continuously used in any other port of entry and departure in the Republic of Korea until the relevant ship, etc. finally departs from the Republic of Korea.
(7) Article 12-2 shall apply mutatis mutandis to fingerprinting and photographing of alien crew members: Provided, That this shall not apply where a crew member is a seafarer and it is impracticable for him/her to be fingerprinted and photographed in following the procedures for obtaining landing permission.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 14-2 (Landing Permission for Tourism)
(1) Where the captain of a ship or the forwarding agent applies for landing permission for alien passengers on board the ship prescribed by Ordinance of the Ministry of Justice from among passenger ships making a tour and operating internationally in the seas of the Republic of Korea and foreign countries for the purpose of tourism, an immigration control official may grant landing permission for tourism to such alien passengers for up to three days: Provided, That this shall not apply to alien passengers falling under any of the subparagraphs of Article 11 (1).
(2) Upon receipt of an application for landing permission filed under paragraph (1), an immigration control official shall verify following documents:
1. Passports of alien passengers;
2. A list of alien passengers;
3. Other documents prescribed by Ordinance of the Ministry of Justice.
(3) Article 14 (3) and (5) shall apply mutatis mutandis to landing permits for tourism and extensions of the period of landing permission under paragraph (1). In such cases, "crewman’s landing permit" shall be construed as "landing permit for tourism," "landing permission for crew" as "landing permission for tourism" and "alien crew member" as "alien passenger," respectively.
(4) Article 12-2 shall apply mutatis mutandis to fingerprinting and photographing of alien passengers who intend to obtain landing permission for tourism under paragraph (1): Provided, That this shall not apply where it is impracticable for an alien passenger to be fingerprinted and photographed in following the procedures for obtaining landing permission.
(5) Except as otherwise provided for in paragraphs (1) through (4), criteria and procedures for the granting of landing permission for tourism and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11224, Jan. 26, 2012]
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Article 15 (Emergency Landing Permission)
(1) If it is deemed necessary for an alien on board a ship, etc. (including crew members) to land urgently due to a disease or any other accident, an immigration control official may permit an emergency landing for up to 30 days, upon receipt of an application filed by the captain of the ship, etc. or the forwarding agent.
(2) Article 14 (3) and (5) shall apply mutatis mutandis to paragraph (1). In such cases, "crewman’s landing permit" shall be construed as "emergency landing permit" and "landing permission for crew members" as "emergency landing permission."
(3) The captains of ships, etc. or forwarding agents shall bear the living, medical and funeral expenses of a person who makes an emergency landing, and all other expenses incurred during such landing.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 16 (Landing Permission in Distress)
(1) If the head of a Regional Immigration Service deems it necessary to urgently rescue aliens on board a ship, etc. in distress (including crew members), he/she may grant landing permission in distress for up to 30 days, upon the request of the captain of the ship, etc., the forwarding agent, the person conducting rescue operations under the Act on the Search and Rescue, etc. in Waters, or the captain of a ship, etc. that has rescued the aliens. <Amended by Act No. 12421, Mar. 18, 2014; Act No. 13440, Jul. 24, 2015>
(2) Article 14 (3) and (5) shall apply mutatis mutandis to paragraph (1). In such case, "crewman’s landing permit" shall be constructed as "landing permit in distress", and "landing permission for crew members", as "landing permission in distress".
(3) Article 15 (3) shall apply mutatis mutandis to living expenses, etc. of persons granted landing permission in distress. In such cases, "emergency landing" shall be construed as "landing in distress."
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 16-2 (Temporary Landing Permission for Refugees)
(1) Where an alien on board a ship, etc. escapes from a territory in which he/she is afraid that his/her life, body or physical freedom might be infringed for the reasons provided for in subparagraph 1 of Article 2 of the Refugee Act or other equivalent reasons, and requests his/her protection immediately to the Republic of Korea, the head of the competent Regional Immigration Service may grant temporary landing permission for a refugee for up to 90 days with approval from the Minister of Justice, if it is deemed well-grounded to allow the alien to land. In such cases, the Minister of Justice shall consult with the Minister of Foreign Affairs. <Amended by Act No. 11298, Feb. 10, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12421, Mar. 18, 2014>
(2) Article 14 (3) and (5) shall apply mutatis mutandis to paragraph (1). In such cases, "crewman’s landing permit" shall be construed as "temporary landing permit for refugees" and "landing permission for crew members" as "temporary landing permission for refugees", respectively.
(3) Article 12-2 shall apply mutatis mutandis to fingerprinting and photographing of aliens who request protection under paragraph (1).
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
CHAPTER IV STAY AND DEPARTURE OF ALIENS
SECTION 1 Stay of Aliens
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Article 17 (Stay and Scope of Activities of Aliens)
(1) Every alien may stay in the Republic of Korea as permitted by his/her status of stay and within the authorized period of stay.
(2) No alien staying in the Republic of Korea shall engage in any political activity unless otherwise permitted by this Act or other Acts.
(3) If an alien staying in the Republic of Korea engages in any political activity, the Minister of Justice may order the alien in writing to suspend such activity or may issue other necessary orders.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 18 (Restrictions on Employment of Aliens)
(1) Every alien who intends to engage in employment in the Republic of Korea shall obtain the status of stay that entitles him/her to engage in job-seeking activities, as prescribed by Presidential Decree.
(2) No alien having the status of stay referred to in paragraph (1) shall work at any place, other than the designated workplace.
(3) No person shall employ any person not holding the status of stay referred to in paragraph (1).
(4) No person shall arrange or solicit the employment of a person not holding the status of stay referred to in paragraph (1).
(5) No person shall place any alien not holding the status of stay referred to in paragraph (1) under his/her control in order to arrange the employment of such alien.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 19 (Obligation to Report by Employers, etc. of Aliens)
(1) An employer of an alien granted status of stay that entitles the alien to engage in job-seeking activities under Article 18 (1) shall report any of the following circumstances to the head of the competent Regional Immigration Service within 15 days of becoming aware of such circumstances: <Amended by Act No. 12421, Mar. 18, 2014>
1. He/she has dismissed the alien or the alien has resigned or died;
2. The whereabouts of the employed alien becomes unknown;
3. He/she has amended the important terms of the employment contract with the alien.
(2) Paragraph (1) shall apply mutatis mutandis to the heads of establishments which provide aliens with industrial technology training pursuant to Article 19-2.
(3) Where an employer of an alien subject to the Act on the Employment, etc. of Foreign Workers files a report under paragraph (1), he/she shall be deemed to file a report under the Article 17 (1) of the said Act if such report is filed on any of the grounds for reporting under Article 17 (1) of the said Act. <Newly Inserted by Act No. 12782, Oct. 15, 2014>
(4) Upon receipt of a report under paragraph (1), the head of the competent Regional Immigration Service shall, without delay, give notice to the head of the employment security office defined in subparagraph 1 of Article 2-2 of the Employment Security Act having jurisdiction over the location of the employer of the alien in question, if the details of the report fall under paragraph (3). <Newly Inserted by Act No. 12782, Oct. 15, 2014>
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 19-2 (Aliens’ Technical Training Activities)
(1) The Minister of Justice shall take necessary measures to support appropriate training activities of aliens (hereinafter referred to as "technical trainee") who are recruited for technical training activities in the Republic of Korea by designated industrial establishments, such as those that have made a direct investment in foreign countries and exporters of technologies or industrial facilities to foreign countries. <Amended by Act No. 11224, Jan. 26, 2012>
(2) The designation of industrial establishments, the recruitment of technical trainees and their entry into the Republic of Korea under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. <Amended by Act No. 11224, Jan. 26, 2012>
(3) Matters necessary for the management of technical trainees, such as investigations as to whether a technical trainee has absconded from the place of training, has engaged in activities other than training activities, or has violated any terms and conditions of permission, and measures requiring them to depart from the Republic of Korea, shall be separately prescribed by the Minister of Justice. <Amended by Act No. 11224, Jan. 26, 2012>
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 19-3 Deleted. <by Act No. 10282, May 14, 2010>
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Article 19-4 (Management, etc. of Alien Students)
(1) The head of a school (referring to schools referred to in the subparagraphs of Article 2 of the Higher Education Act; hereinafter the same shall apply) where aliens whose status of stay permits undergraduate or postgraduate studies or training activities in the Republic of Korea under Article 10 (hereinafter referred to as "alien student") are either taking a course or participating in a training program, shall designate a staff member to be in charge of the management of such alien students and notify the head of the competent Regional Immigration Service of such designation. <Amended by Act No. 12421, Mar. 18, 2014>
(2) When any of the following grounds occurs, the head of a school referred to in paragraph (1) shall report (including reporting via an information and communications network) thereon to the head of the competent Regional Immigration Service within 15 days of becoming aware of such fact: <Amended by Act No. 12421, Mar. 18, 2014>
1. When an alien student admitted to a course or training program fails to enroll by the enrollment deadline of each semester or is on temporary leave from school;
2. When an alien student fails to complete his/her study or training after expulsion from school, discontinued attendance, his/her disappearance, etc.
(3) Matters necessary for the management of alien students shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 20 (Activities not Covered by Status of Stay)
If an alien staying in the Republic of Korea intends to engage in activities permitted under a different status of stay, in addition to those activities permitted under his/her original status of stay, he/she shall obtain prior permission to engage in such activities, other than those permitted under his/her original status of stay, from the Minister of Justice.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 21 (Change and Addition of Workplace)
(1) If an alien staying in the Republic of Korea intends to change or add his/her workplace within the scope of his/her status of stay, he/she shall obtain prior permission from the Minister of Justice: Provided, That a person prescribed by Presidential Decree who has expert knowledge, skill or ability shall report to the Minister of Justice within 15 days of change or addition of his/her workplace.
(2) No person shall employ any alien who fails to obtain prior permission to change or add his/her workplace under the main sentence of paragraph (1), nor arrange the employment of such alien: Provided, That this shall not apply where the employment is arranged pursuant to other Acts.
(3) Article 18 (2) shall not apply to any person falling under the proviso to paragraph (1).
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 22 (Restrictions on Scope of Activities)
If it is deemed necessary for maintaining public peace and order or important interests of the Republic of Korea, the Minister of Justice may restrict the residence or scope of activities of any alien staying in the Republic of Korea or determine necessary matters to be observed by such alien.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 23 (Granting Status of Stay)
An alien born in the Republic of Korea and staying without being granted the status of stay under Article 10, and an alien staying without being granted the status of stay under Article 10 due to any other ground, such as loss or renunciation of the nationality of the Republic of Korea while staying in the Republic of Korea, shall obtain the status of stay, as prescribed by Presidential Decree, respectively within 90 days from the date of his/her birth and within 30 days from the date on which such ground occurs.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 24 (Permission to Change Status of Stay)
(1) If an alien staying in the Republic of Korea intends to engage in any activity permitted under a status of stay not covered by his/her original status of stay, the alien shall obtain prior permission to change his/her original status of stay from the Minister of Justice.
(2) A person who falls under any subparagraph of Article 31 (1) and intends to change his/her status of stay due to a change of his/her status shall obtain permission to change his/her original status of stay from the Minister of Justice within 30 days of the change of his/her status.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 25 (Permission to Extend Period of Stay)
Every alien who intends to continue to stay in excess of the permitted period of stay shall obtain permission to extend his/her period of stay from the Minister of Justice before the expiration of the permitted period of stay, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 25-2 (Special Rules for Immigrants through Marriage)
(1) Where an alien who is the spouse of a national of the Republic of Korea, in whose case a trial in a court, an investigation by an investigative agency or procedures for remedying an infringement of his/her right under other Acts due to domestic violence defined in subparagraph 1 of Article 2 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence is proceeding, applies for an extension of his/her period of stay, the Minister of Justice may grant an extension of the period of stay until such procedures for remedying an infringement of his/her right are completed.
(2) Where the Minister of Justice deems it necessary for an alien to recover from an injury, etc. even after the expiration of the period of stay extended under paragraph (1), he/she may grant an extension of the period of stay.
[This Article Newly Inserted by Act No. 10545, Apr. 5, 2011]
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Article 25-3 (Special Rules for Victims of Sexual Crimes)
(1) Where an alien, in whose case a trial in a court, an investigation by an investigative agency, or procedures for remedying an infringement of his/her right under other Acts due to the sexual crime defined in Article 2 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is proceeding, applies for an extension of his/her period of stay, the Minister of Justice may grant an extension of the period of stay until such procedures for remedying an infringement of his/her are completed.
(2) Where the Minister of Justice deems it necessary for an alien to recover from an injury, etc. even after the expiration of the period of stay extended under paragraph (1), he/she may grant an extension of the period of stay.
[This Article Newly Inserted by Act No. 12893, Dec. 30, 2014]
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Article 26 (Prohibition of Submission, etc. of False Documents)
No person shall engage in any of the following acts in connection with an application for permission under Articles 20, 21, 23 through 25, 25-2, and 25-3:
1. Submitting a forged or altered document, etc. as evidentiary materials, submitting an application with a false statement therein, or otherwise filing an application by other improper means;
2. Arranging or soliciting any of the acts specified in subparagraph 1.
[This Article Newly Inserted by Act No. 14106, Mar. 29, 2016]
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Article 27 (Carrying and Presentation of Passports, etc.)
(1) Every alien staying in the Republic of Korea shall always carry his/her passport, seafarers’ identity document, alien entry permit, alien registration certificate or landing permit (hereinafter referred to as "passport, etc."): Provided, That this shall not apply to any alien under 17 years of age.
(2) When an immigration control official or a competent public official demands an alien referred to in the main sentence of paragraph (1) to present his/her passport, etc. in connection with the performance of his/her duty, the alien shall present his/her passport, etc.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
SECTION 2 Departure of Aliens
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Article 28 (Departure Inspections)
(1) Every alien who departs from the Republic of Korea shall hold a valid passport and undergo a departure inspection conducted by an immigration control official at the port of entry and departure through which he/she departs.
(2) The proviso to Article 3 (1) shall apply mutatis mutandis to a departure inspection at a place, other than a port of entry and departure, in cases falling under paragraph (1).
(3) Article 5 shall apply mutatis mutandis to a forged or altered passport or seafarers’ identity document in the possession of an alien in cases falling under paragraphs (1) and (2). <Amended by Act No. 12893, Dec. 30, 2014>
(4) Article 12 (6) shall apply mutatis mutandis to the entry and departure of ships, etc. in cases falling under paragraphs (1) and (2).
(5) Article 3 (2) shall apply mutatis mutandis to the departure inspections of aliens.
(6) Immigration control officials may utilize information about fingerprints and faces provided under Article 12-2 (1) and the data submitted under Article 12-2 (3) for departure inspections. <Newly Inserted by Act No. 14106, Mar. 29, 2016>
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 29 (Suspension of Aliens’ Departure)
(1) The Minister of Justice may suspend the departure of an alien falling under any subparagraph of Article 4 (1) or (2). <Amended by Act No. 10863, Jul. 18, 2011>
(2) Article 4 (3) through (5) and Articles 4-2 through 4-5 shall apply mutatis mutandis to paragraph (1). <Amended by Act No. 10863, Jul. 18, 2011>
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 30 (Permission of Reentry)
(1) If an alien who has filed for alien registration or is exempted from such registration under Article 31 intends to reenter the Republic of Korea after departure within his/her permitted period of stay, the Minister of Justice may permit such reentry upon application of the alien: Provided, That exemption from reentry permission may apply to an alien granted status of stay that entitles him/her to permanent residency in the Republic of Korea from among the status of stay of aliens referred to in Article 10 (1) and a person determined by Ordinance of the Ministry of Justice as having a fair ground to be exempted from reentry permission.
(2) The reentry permission under paragraph (1) shall be classified into single reentry permission valid only once and multiple reentry permission valid for at least twice entries.
(3) If an alien is unable to reenter during the period permitted under paragraph (1) due to a disease or any other extenuating circumstance, the alien shall obtain an extension of the permitted reentry period from the Minister of Justice before the expiration of the permitted period.
(4) The Minister of Justice may delegate authority pertaining to the granting of extensions of the permitted reentry period to the heads of overseas diplomatic missions, as prescribed by Presidential Decree.
(5) Criteria and procedures concerning reentry permission, extensions of the permitted reentry period and exemption from reentry permission shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
CHAPTER V REGISTRATION OF ALIENS AND SOCIAL INTEGRATION PROGRAMS
SECTION 1 Registration of Aliens
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Article 31 (Registration of Aliens)
(1) If an alien intends to stay in the Republic of Korea for more than 90 days from the date of entry, the alien shall file for alien registration with the head of the Regional Immigration Service having jurisdiction over his/her place of stay within 90 days from the date of entry into the Republic of Korea, as prescribed by Presidential Decree: Provided, That this shall not apply to any of the following aliens: <Amended by Act No. 12421, Mar. 18, 2014>
1. Personnel of foreign diplomatic missions (including embassies and consulates) and international organizations in the Republic of Korea and their families;
2. Aliens who enjoy privileges and immunity similar to those of diplomats or consuls under any agreement entered into with the Government of the Republic of Korea and their families;
3. Persons, etc. invited by the Government of the Republic of Korea and prescribed by Ordinance of the Ministry of Justice.
(2) Notwithstanding paragraph (1), an alien referred to in any subparagraph of paragraph (1) may file for alien registration during his/her period of stay. <Newly Inserted by Act No. 14106, Mar. 29, 2016>
(3) Notwithstanding the main sentence of paragraph (1), with the exception of its subparagraphs, a person who is granted the status of stay under Article 23 and intends to stay for more than 90 days from the date on which he/she is granted the status of stay shall file for alien registration when he/she is granted the status of stay. <Amended by Act No. 14106, Mar. 29, 2016>
(4) Notwithstanding the main sentence of paragraph (1), with the exception of its subparagraphs, a person who obtains permission to change his/her status of stay under Article 24 and continues to stay for more than 90 days from his/her entry shall file for alien registration when he/she obtains permission to change his/her status of stay. <Amended by Act No. 14106, Mar. 29, 2016>
(5) The head of a Regional Immigration Service shall assign an identifiable registration number (hereinafter referred to as "alien registration number") to each alien who has filed for alien registration under paragraphs (1) through (4) in the manner prescribed by Presidential Decree. <Amended by Act No. 12421, Mar. 18, 2014; Act No. 14106, Mar. 29, 2016>
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 32 (Matters to Be Registered by Aliens)
Matters to be registered by every alien under Article 31 are as follows:
1. His/her name, gender, date of birth and nationality;
2. Number, date of issuance and term of validity of his/her passport;
3. His/her workplace and position or work scope;
4. Address in his/her home country and place of stay in the Republic of Korea;
5. His/her status and period of stay;
6. Other matters prescribed by Ordinance of the Ministry of Justice, in addition to those provided for in subparagraphs 1 through 5.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 33 (Issuance of Alien Registration Certificates)
(1) Upon receipt of an application for alien registration under Article 31, the head of the Regional Immigration Service shall issue an alien registration certificate to the applicant, as prescribed by Presidential Decree: Provided, That if the alien is under 17 years of age, the head of the Regional Immigration Service may choose not to issue such certificate. <Amended by Act No. 12421, Mar. 18, 2014>
(2) When an alien to whom no alien registration certificate has been issued under the proviso to paragraph (1) attains 17 years of age, the alien shall apply for an alien registration certificate to the head of the Regional Immigration Service having jurisdiction over his/her place of stay within 90 days. <Amended by Act No. 12421, Mar. 18, 2014>
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 33-2 (Prohibition against Use of Alien Registration Certificates, etc. as Means to Secure Fulfillment of Debt Obligation, etc.)
No person shall engage in any of the following conduct: <Amended by Act No. 14106, Mar. 29, 2016>
1. Having an alien provide his/her passport or alien registration certificate to a third person, coercing an alien into providing his/her passport or alien registration certificate to a third person, or arranging to have an alien provide his/her passport or alien registration certificate to a third person, as security for an employment agreement or for the fulfillment of an obligation;
2. Making a false alien registration number under Article 31 (5) and arrange to use such number for his/her own or a third person's interest in goods or property;
3. Passing on a program that creates alien registration numbers to a third person, spreading such program to other persons, or arranging to passing on or spreading such program to other persons;
4. Fraudulently using a third person's alien registration certificate, providing his/her own alien registration certificate to a third person, knowing that it will be used fraudulently, or arranging to provide a person's alien registration certificate to a third person;
5. Fraudulently using a third person's alien registration certificate or arranging to fraudulently use a third person's alien registration certificate, for his/her own or a third party's interest in goods or property;
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 34 (Preparation and Management of Alien Registration Cards, etc.)
(1) Upon receipt of an application for alien registration under Article 31, the head of a Regional Immigration Service shall prepare and keep a registered alien record, prepare an alien registration card, and send it to the head of the Si (including an administrative Si established under Article 10 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City, but excluding the Special Metropolitan City and Metropolitan Cities; hereinafter the same shall apply), Gun, or Gu (referring to an autonomous Gu; hereinafter the same shall apply) in which the alien stays. <Amended by Act No. 11224, Jan. 26, 2012; Act No. 12421, Mar. 18, 2014; Act No. 13426, Jul. 24, 2015>
(2) Upon receipt of the alien registration card under paragraph (1), the head of a Si/Gun/Gu shall enter the registered matters in the register of aliens to manage such information.
(3) Matters necessary for the preparation and management of the registered alien record, alien registration cards, and the register of aliens shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 35 (Reporting on Changes in Matters Registered by Aliens)
An alien who has filed for registration under Article 31 shall report changes in registered matters to the head of the Regional Immigration Service having jurisdiction over his/her place of stay within 14 days, as prescribed by Presidential Decree, if any of the following matters is changed: <Amended by Act No. 12421, Mar. 18, 2014>
1. His/her name, gender, date of birth, and nationality;
2. Number, date of issuance, and term of validity of his/her passport;
3. Matters prescribed by Ordinance of the Ministry of Justice, other than those prescribed in subparagraphs 1 and 2.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 36 (Reporting on Change in Place of Stay)
(1) If an alien who has filed for registration under Article 31 changes his/her place of stay, the alien shall file a moving-in report with the head of the Si/Gun/Gu (Gu includes a non-autonomous Gu; the same shall apply hereafter in this Article) or Eup/Myeon/Dong where the new place of stay is located, or with the head of the Regional Immigration Service having jurisdiction over the new place of stay, as prescribed by Presidential Decree, within 14 days from the date on which the alien moves into the new place of stay. <Amended by Act No. 12421, Mar. 18, 2014; Act No. 14106, Mar. 29, 2016>
(2) An alien shall present his/her alien registration certificate when filing a report under paragraph (1). In such cases, the head of the Si/Gun/Gu or Eup/Myeon/Dong or the head of the Regional Immigration Service shall enter details about the change in the place of stay in the alien registration certificate and return it to the alien. <Amended by Act No. 12421, Mar. 18, 2014; Act No. 14106, Mar. 29, 2016>
(3) Upon receipt of a moving-in report under paragraph (1), the head of the Regional Immigration Service shall without delay give notice of the change in the place of stay to the head of a Si/Gun/Gu or Eup/Myeon/Dong where the new place of stay is located. <Amended by Act No. 12421, Mar. 18, 2014; Act No. 14106, Mar. 29, 2016>
(4) Upon receipt of a moving-in report directly under paragraph (1) or the notice of the change in the place of stay from the head of a Regional Immigration Service under paragraph (3), the head of a Si/Gun/Gu or Eup/Myeon/Dong shall without delay request the transfer of the relevant alien registration card from the head of the Si/Gun/Gu or Eup/Myeon/Dong where the former place of stay is located, along with a copy of the report on the change in the place of stay. <Amended by Act No. 12421, Mar. 18, 2014; Act No. 14106, Mar. 29, 2016>
(5) Upon receipt of a request for the transfer of an alien registration card pursuant to paragraph (4), the head of the Si/Gun/Gu or Eup/Myeon/Dong where the former place of stay is located shall transfer the alien registration card to the head of the Si/Gun/Gu or Eup/Myeon/Dong where the new place of stay is located, within three days from the date of receipt of such request. <Amended by Act No. 14106, Mar. 29, 2016>
(6) Upon receipt of an alien registration card transferred under paragraph (5), the head of a Si/Gun/Gu or Eup/Myeon/Dong shall rearrange the applicant’'s alien registration card and manage it in accordance with Article 34 (2). <Amended by Act No. 14106, Mar. 29, 2016>
(7) Upon receipt of a moving-in report under paragraph (1), the head of a Si/Gun/Gu or Eup/Myeon/Dong or the head of a Regional Immigration Service shall without delay notify the relevant fact to the head of the Regional Immigration Service having jurisdiction over the former place of stay, as prescribed by Presidential Decree. <Amended by Act No. 12421, Mar. 18, 2014; Act No. 14106, Mar. 29, 2016>
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 37 (Surrender, etc. of Alien Registration Certificates)
(1) If an alien who has filed for registration under Article 31 departs from the Republic of Korea, the alien shall surrender his/her alien registration certificate to an immigration control official: Provided, That this shall not apply in any of the following cases:
1. Where the alien granted reentry permission intends to reenter within the permitted period after a temporary departure;
2. Where the alien holds a multiple-entry visa or is a national of the country exempt from reentry permission and intends to reenter within the permitted period of stay after a temporary departure;
3. Where the alien was issued a refugee travel document and intends to reenter within the term of validity of the refugee travel document after a temporary departure.
(2) If an alien who has filed for registration under Article 31 becomes a national of the Republic of Korea, dies, or falls under any subparagraph of Article 31 (1) (excluding where an alien has filed for alien registration under Article 31 (2)), the alien shall surrender his/her alien registration certificate, as prescribed by Presidential Decree. <Amended by Act No. 14106, Mar. 29, 2016>
(3) Upon receipt of an alien registration certificate surrendered under paragraph (1) or (2), the head of a Regional Immigration Service shall without delay notify the head of a Si/Gun/Gu of the place of stay thereof, as prescribed by Presidential Decree. <Amended by Act No. 12421, Mar. 18, 2014>
(4) If it is deemed necessaryfor the interests of the Republic of Korea, the head of a Regional Immigration Service may take temporary custody of the alien registration certificate of an alien falling under any subparagraph of paragraph (1). <Amended by Act No. 12421, Mar. 18, 2014>
(5) In cases falling under paragraph (4), if an alien reenters the Republic of Korea within the permitted period, he/she shall collect his/her alien registration certificate from the head of the competent Regional Immigration Service within 14 days after his/her reentry, and if he/she fails to reenter within the permitted period, his/her alien registration certificate shall be deemed surrendered under paragraph (1). <Amended by Act No. 12421, Mar. 18, 2014>
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 37-2 (Cancellation of Alien Registration)
(1) In any of the following cases, the head of a Regional Immigration Service may cancel the registration under Article 32 of an alien who has filed for registration in accordance with Article 31:
1. Where an alien surrenders his/her alien registration certificate in accordance with Article 37 (1) or (2);
2. Where an alien fails to enter the Republic of Korea during the permitted period of reentry after departure (or the period of exemption, if an alien is exempt from permission for reentry or the permitted period of stay);
3. Where an immigration control official finds any other ground for cancellation similar to that specified in subparagraph 1 or 2 in the course of performing his/her duties.
(2) Matters necessary regarding procedures for cancelling alien registration under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 14106, Mar. 29, 2016]
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Article 38 (Fingerprinting and Photographing)
(1) Any of the following aliens shall be fingerprinted and photographed, as prescribed by Ordinance of the Ministry of Justice: <Amended by Act No. 14106, Mar. 29, 2016>
1. The following person who is 17 years of age or older:
(a) A person who shall file for alien registration in accordance with Article 31 (excluding a person who intends to file for alien registration in accordance with Article 31 (2);
(b) A person who intends to report on his/her abode in the Republic of Korea in accordance with Article 6 of the Act on the Immigration and Legal Status of Overseas Koreans;
2. A person who is currently under investigation for a violation of this Act or under criminal investigation for a violation of other Acts;
3. A person whose identity is not verified;
4. Any other person not referred to in subparagraphs 1 through 3 and deemed, by the Minister of Justice, to be specifically fingerprinted and photographed for the security and interests of the Republic of Korea or of the alien in question.
(2) The head of a Regional Immigration Service may refuse to grant permission under this Act, such as an extension of period of stay, to an alien refusing to be fingerprinted and photographed under paragraph (1). <Amended by Act No. 12421, Mar. 18, 2014>
(3) The Minister of Justice shall keep and manage fingerprints records and photographs taken under paragraph (1) in accordance with the Personal Information Protection Act. <Amended by Act No. 10465, Mar. 29, 2011>
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
SECTION 2 Social Integration Programs
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Article 39 (Social Integration Programs)
(1) The Minister of Justice may implement social integration programs, including education, provision of information and counseling (hereinafter referred to as "social integration program"), in order to support the social adaptation of aliens who intend to acquire Korean nationality or to obtain status of stay that entitles them to permanent residency in the Republic of Korea, etc.
(2) The Minister of Justice may designate an institution, corporation or organization equipped with necessary experts and facilities as an operating institution of social integration programs in order to implement such social integration programs effectively.
(3) The Minister of Justice may train experts necessary for implementing social integration programs, as prescribed by Presidential Decree.
(4) The State and local governments may grant a subsidy to fully or partially cover the following expenses, within budgetary limits:
1. Expenses incurred in conducting the affairs of an operating institution designated under paragraph (2);
2. Expenses incurred in training experts under paragraph (3).
(5) The details and development of social integration programs, the designation and management of operating institutions, revocation of such designation and other matters necessary for the operation of social integration programs shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11224, Jan. 26, 2012]
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Article 40 (Favorable Treatment on Persons who Have Completed Social Integration Programs)
The Minister of Justice may accord favorable treatment to persons who have completed social integration programs, as prescribed by this Act or related statutes, when issuing visas, or granting various permission related to stay, etc.
[This Article Newly Inserted by Act No. 11224, Jan. 26, 2012]
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Article 41 (Social Integration Volunteer Officers)
(1) The Minister of Justice may post social integration volunteer officers (hereinafter referred to as “social integration officer”) in the Regional Immigration Services, as prescribed by Ordinance of the Ministry of Justice, to support the social integration of aliens.
(2) Social integration officers shall perform the following duties:
1. Campaigns in order for aliens, employers, etc. to comply with the statutes;
2. Support for aliens to settle in the Republic of Korea as sound social members of Korean society;
3. Support for aliens who intend to obtain permanent residency or to acquire Korean nationality;
4. Other matters prescribed by the Minister of Justice for social integration between nationals of the Republic of Korea and aliens residing in the Republic of Korea.
(3) A social integration officer shall be an honorary office, and may be fully or partially reimbursed for expenses incurred in performing his/her duties.
(4) The appointment and dismissal, prescribed number, and self-governing organization of social integration officers, reimbursement for expenses, and other necessary matters shall be determined by the Ordinance of the Ministry of Justice.
[This Article Newly Inserted by Act No. 12893, Dec. 30, 2014]
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Articles 42 through 45 Deleted. <by Act No. 5755, Feb. 5, 1999>
CHAPTER VI DEPORTATION, ETC.
SECTION 1 Persons subject to Deportation
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Article 46 (Persons subject to Deportation)
(1) The head of a Regional Immigration Service may deport any of the following aliens from the Republic of Korea according to the procedures prescribed in this Chapter: <Amended by Act No. 11224, Jan. 26, 2012; Act No. 12421, Mar. 18, 2014; Act No. 14106, Mar. 29, 2016>
1. A person who violates Article 7;
2. An alien who violates Article 7-2, or an alien who enters the Republic of Korea by such conduct as a false invitation, stipulated in the same Article;
3. A person who has become or is subsequently found to be subject to grounds for prohibition of entry provided for in the subparagraphs of Article 11 (1);
4. A person who violates Article 12 (1) or (2), or 12-3;
5. A person who violates any of the terms or conditions of permission imposed by the head of the Regional Immigration Service under Article 13 (2);
6. A person who lands without obtaining permission required under Article 14 (1), 14-2 (1), 15 (1), 16 (1) or 16-2 (1);
7. A person who violates any of the terms or conditions of permission imposed by the head of the Regional Immigration Service or an immigration control official under Article 14 (3) (including cases to which the aforesaid provision shall apply mutatis mutandis pursuant to Article 14-2 (3)), 15 (2), 16 (2) or 16-2 (2);
8. A person who violates Article 17 (1) or (2), 18, 20, 23, 24 or 25;
9. A person who changes or adds his/her workplace without obtaining permission, in violation of the main sentence of Article 21 (1), or a person who employs an alien or arranges the employment of an alien, in violation of paragraph (2) of the same Article;
10. A person who violates a restriction on his/her residence or the scope of activities, or other matters to be observed prescribed by the Minister of Justice under Article 22;
10-2. An alien who violates Article 26;
11. A person who attempts to depart from the Republic of Korea, in violation of Article 28 (1) or (2);
12. A person who violates the obligation to file for alien registration under Article 31;
12-2. A person who violates Article 33-2;
13. A person released after having been sentenced to imprisonment without labor or heavier punishment;
14. Any other person specified by Ordinance of the Ministry of Justice, equivalent to one of persons referred to in subparagraphs 1 through 10, 10-2, 11, 12, 12-2, and 13.
(2) Notwithstanding paragraph (1), no alien granted the status of stay that entitles him/her to permanent residency in the Republic of Korea among the status of stay referred to in Article 10 (1) shall be deported from the Republic of Korea: Provided, That this shall not apply to any of the following persons:
1. A person who has committed insurrection stipulated under Chapter I of Part II of the Criminal Act or foreign aggression stipulated under Chapter II of the same Act;
2. A person prescribed by Ordinance of the Ministry of Justice who is released after having been sentenced to imprisonment with or without labor for at least five years;
3. A person who has committed a violation provided for in Article 12-3 (1) or (2), or has abetted or aided a third person in such violation.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
SECTION 2 Investigations
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Article 47 (Investigations)
An immigration control official may investigate aliens suspected of falling under any subparagraph of Article 46 (1) (hereinafter referred to as "suspect").
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 48 (Requests to Appear and Interrogation of Suspects)
(1) If necessary for conducting an investigation under Article 47, an immigration control official may request a suspect to appear before him/her and may interrogate the suspect.
(2) An immigration control official shall conduct an interrogation under paragraph (1) in the presence of another immigration control official.
(3) In conducting an interrogation under paragraph (1), any statement made by a suspect shall be entered into the interrogatory.
(4) An immigration control official shall read the interrogatory prepared under paragraph (3) to the suspect or allow the suspect to inspect it and inquire of the suspect where any clerical error exists in the interrogatory, and if the suspect requests any addition to, deletion or change of the content thereof, the immigration control official shall enter such statement in the interrogatory.
(5) A suspect shall affix his/her seal across the folds of each page, and sign or affix his/her name and seal to the interrogatory, and if the suspect is unable or refuses to affix his/her name and seal, such fact shall be entered in the interrogatory.
(6) Any statement made by a person unable to make himself/herself understood in the Korean language or a person with hearing impairment or language impairment shall be interpreted by an interpreter: Provided, That a person with hearing impairment or language impairment may be interrogated or make a statement in writing.
(7) Any texts or signs in the statement made by a suspect, which are not in the Korean language, shall be translated into the Korean language.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 49 (Requests to Appear and Statement of Witnesses)
(1) If necessary for conducting an investigation under Article 47, an immigration control official may request a witness to appear before him/her to hear his/her statement.
(2) Article 48 (2) through (7) shall apply mutatis mutandis to statements of witnesses.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 50 (Inspections and Request for Presentation of Documents, etc.)
If necessary for conducting an investigation under Article 47, an immigration control official may inspect a suspect's residence or articles with the suspect’s consent, or request him/her to present documents or articles.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
SECTION 3 Detention for Examinations and Decisions
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Article 51 (Detention)
(1) If there are reasonable grounds to suspect that an alien falls under any subparagraph of Article 46 (1) and the alien has fled or might flee, an immigration control official may detain the alien upon obtaining a detention order issued by the head of the Regional Immigration Service. <Amended by Act No. 12421, Mar. 18, 2014>
(2) An application for a detention order filed by an immigration control official under paragraph (1) shall be accompanied by materials attesting the necessity for detention.
(3) If there are reasonable grounds to suspect that an alien falls under any subparagraph of Article 46 (1) and the alien has fled or might flee, leaving insufficient time for the head of the Regional Immigration Service to issue a detention order, an immigration control official may detain such alien for emergency reasons after informing the head of the Regional Immigration Service of the ground therefor. <Amended by Act No. 12421, Mar. 18, 2014>
(4) If an immigration control official has detained an alien for emergency reasons under paragraph (3), he/she shall immediately prepare an emergency detention note and produce it to the alien in question.
(5) If an immigration control official has detained an alien under paragraph (3), he/she shall obtain a detention order within 48 hours and produce it to the alien in question, and the official shall immediately release the alien from detention when failing to obtain such a detention order.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 52 (Period and Place of Detention)
(1) A period for which an alien can be detained under Article 51 to examine and decide whether the alien is subject to deportation, shall not exceed ten days: Provided, That the period may be extended only once, by up to ten days with permission from the head of the competent Regional Immigration Service in extenuating circumstances. <Amended by Act No. 12421, Mar. 18, 2014>
(2) Places to detain an alien shall be an immigration detention unit, immigration detention center or any other place designated by the Minister of Justice (hereinafter referred to as "detention facility").
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 53 (Execution of Detention Orders)
An immigration control official shall produce a detention order to the suspect in question when executing such a detention order.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 54 (Notice of Detention)
(1) When an immigration control official has detained a suspect, the official shall give written notice specifying the date, time and place of and grounds for detention to the suspect’s legal representative, spouse, lineal relative, sibling, family member or counsel or a person designated by the suspect (hereinafter referred to as "legal representative, etc."), who is in the Republic of Korea, within three days: Provided, That when the suspect has no legal representative, etc., the immigration control official may state such fact and need not give written notice to a legal representative, etc.
(2) In addition to written notice given under paragraph (1), an immigration control official shall given written notice specifying the date, time and place of and ground for detention to the consul in the Republic of Korea who represents the country of which the suspect is a national or citizen, if the suspect wants to do so, and unless urgent or extenuating circumstances exist.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 55 (Objections to Detention)
(1) A person detained under a detention order, or his/her legal representative, etc., may file an objection to his/her detention with the Minister of Justice via the head of the competent Regional Immigration Service. <Amended by Act No. 12421, Mar. 18, 2014>
(2) Upon receipt of an objection filed under paragraph (1), the Minister of Justice shall without delay examine the relevant documents, and if the application is deemed groundless, the Minister shall decide to reject such application, and if it is deemed reasonable, the Minister shall issue an order to release the detained person from detention.
(3) The Minister of Justice may hear statements from relevant persons if necessary before making a decision under paragraph (2).
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 56 (Temporary Detention of Aliens)
(1) An immigration control official may temporarily detain any of the following aliens in an immigration detention unit for up to 48 hours:
1. A person whose entry is not permitted under Article 12 (4);
2. A person granted conditional entry permission under Article 13 (1) and who has fled or appears very likely to flee;
3. A person subject to a departure order under Article 68 (1) who has fled or appears very likely to flee.
(2) Where an immigration control official is unable to repatriate an alien temporarily detained under paragraph (1) within 48 hours due to lack of transportation to repatriate the alien, illness, or other extenuating circumstances, the immigration control official may extend the period of detention only once by up to 48 hours with permission from the head of the competent Regional Immigration Service. <Amended by Act No. 12421, Mar. 18, 2014>
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 56-2 (Emergency Transfer, etc. of Detainees)
(1) When it is deemed that no means of evacuation are available at a detention facility due to an act of God, fire, or other accidents, the head of the Regional Immigration Service may transfer the persons detained in the detention facility (hereinafter referred to as "detainee") to other locations. <Amended by Act No. 12421, Mar. 18, 2014>
(2) Where transfer under paragraph (1) is deemed impossible, the head of the Regional Immigration Service may release aliens from detention. <Amended by Act No. 12421, Mar. 18, 2014>
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 56-3 (Respect, etc. of Detainees’ Human Rights)
(1) The human rights of detainees shall be respected to the utmost, and discrimination against detainees on grounds of their nationality, gender, religion, social position, etc. shall be prohibited. <Newly Inserted by Act No. 12893, Dec. 30, 2014>
(2) Men and women shall be separately detained: Provided, That this shall not apply to an exceptional situation, such as supporting a child. <Newly Inserted by Act No. 14106, Mar. 29, 2016>
(3) The head of the competent Regional Immigration Service shall provide a detainee with treatment adjusted to his/her specific needs, if the detainee falls under any of the following: <Newly Inserted by Act No. 12893, Dec. 30, 2014; Act No. 14106, Mar. 29, 2016>
1. A patient;
2. An expectant mother;
3. The old or the weak;
4. A person under 19 years of age;
5. A person equivalent to those referred to in subparagraphs 1 through 4, deemed by the head of the competent Regional Immigration Service to be in need of treatment adjusted to his/her needs.
(4) Further details concerning special measures and support for providing specific treatment under paragraph (3) shall be prescribed by Ordinance of the Ministry of Justice. <Newly Inserted by Act No. 12893, Dec. 30, 2014; Act No. 14106, Mar. 29, 2016>
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 56-4 (Exercise of Coercive Force)
(1) In any of the following circumstances, an immigration control official may exercise coercive force on a detainee, and detain the detainee separately from other detainees. In such cases, it shall be limited to the minimum extent necessary for the safety of a detainee’s life and body, prevention of his/her flight, and maintaining the security of and order in a detention facility:
1. When he/she intends to commit suicide or self-injury;
2. When he/she inflicts harms on other persons or intends to do so;
3. When he/she escapes or intends to do so;
4. When he/she refuses, interferes with or evades the performance of duties by an immigration control official without justifiable grounds;
5. When he/she engages in conduct obviously harming the detention facility and the safety and order of detainees, or intends to do so, in any other way than those provided for in subparagraphs 1 through 4.
(2) An immigration control official shall exercise physical tangible power or only use security equipment designated by the Minister of Justice, such as police clubs, gas jet guns, and electric shock gadgets when exercising coercive force under paragraph (1).
(3) An immigration control official who intends to exercise coercive force under paragraph (1) shall give advance warning to the detainee in question: Provided, That this shall not apply where there is no time to give advance warning to a detainee in emergency circumstances.
(4) When a detainee falls under any subparagraph of paragraph (1) or it is necessary to maintain order in a detention facility or to escort for deportation of a detainee or for any other purpose, an immigration control official may use any of the following protective equipment:
1. Handcuffs;
2. Ropes;
3. Protective headgear;
4. Other protective equipment not listed above in subparagraphs 1 through 3 that are prescribed by Ordinance of the Ministry of Justice and deemed particularly necessary to maintain order in a detention facility or to escort for deportation of detainees or for any other purpose.
(5) Requirements and procedures for the use of protective equipment under paragraph (4) and other necessary matters shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 56-5 (Examination of Bodies, etc.)
(1) Where it is necessary for the safety and maintenance of order in detention facilities, an immigration control official may examine bodies, clothing and personal belongings of detainees.
(2) Where a detainee is female, the examination under paragraph (1) shall be carried out by a female immigration control official: Provided, That when no female immigration control official is present, a female designated by the head of the Regional Immigration Service may conduct such examination. <Amended by Act No. 12421, Mar. 18, 2014>
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 56-6 (Visits, etc.)
(1) Detainees are allowed visitors, to exchange written correspondence, and to have telephone conversations with other persons (hereinafter referred to as "visit, etc.").
(2) If deemed inevitable for safety and order in detention facilities and for the safety, health and hygiene of detainees therein, the head of the Regional Immigration Service may restrict visits, etc. <Amended by Act No. 12421, Mar. 18, 2014>
(3) Detailed matters on the procedures for visits, etc. and restrictions thereon and other matters shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 56-7 (Safety Measures Using Image Data Processing Devices, etc.)
(1) The head of a Regional Immigration Service may install necessary equipment, such as an image data processing device, to the extent necessary to prevent the suicide, self-injury, escape, assault and damage of or by detainees, and to prevent detainees from harming the lives or bodies of any other detainee or from hindering safety or order in the detention facilities. <Amended by Act No. 12421, Mar. 18, 2014>
(2) The image data processing device referred to in paragraph (1) shall be installed and operated within the minimum extent necessary, with due regard for the human rights of detainees, etc.
(3) The installation and operation of the image data processing device, etc., the management of recorded materials and other necessary matters shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 56-8 (Petitions)
(1) Any detainee who is dissatisfied with treatment in a detention facility may file a petition with the Minister of Justice or the head of the competent Regional Immigration Service. <Amended by Act No. 12421, Mar. 18, 2014>
(2) A petition shall be prepared in writing and properly sealed before submission: Provided, That if the petition is filed with the head of a Regional Immigration Service, such petition may be made verbally. <Amended by Act No. 12421, Mar. 18, 2014>
(3) No detainee shall be subject to disadvantageous treatment for filing a petition.
(4) Procedures for the filing of petitions and other necessary matters shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Newly Inserted by Act No. 10282, May 14, 2010]
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Article 56-9 (Posting Procedures, etc. for Filing Objections)
The head of every Regional Immigration Service shall post the procedures for the filing of objections to detention under Article 55 and petitions under Article 56-8, matters, including visit, etc. under Article 56-6 at a conspicuous place within the detention facility. <Amended by Act No. 12421, Mar. 18, 2014>
[This Article Newly Inserted by Act No. 10282, May 14, 2010]
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Article 57 (Supplies to, Management, etc. of Detainees)
Except as otherwise provided for in Articles 56-2 through 56-9, matters concerning supplies to, management and treatment of detainees in detention facilities, matters concerning the guards of detention facilities and other necessary matters shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
SECTION 4 Examinations and Filing Objections
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Article 58 (Examinations and Decisions)
When an immigration control official has finished an investigation of a suspect, the head of the competent Regional Immigration Service shall without delay examine and decide whether the suspect falls under any subparagraph of Article 46 (1). <Amended by Act No. 12421, Mar. 18, 2014>
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 59 (Procedures after Examinations)
(1) If the head of a Regional Immigration Service determines after an examination that a suspect does not fall under any subparagraph of Article 46 (1), he/she shall without delay inform the suspect of the determination and immediately release the suspect if he/she is detained. <Amended by Act No. 12421, Mar. 18, 2014>
(2) If the head of a Regional Immigration Service determines after an examination that a suspect falls under any subparagraph of Article 46 (1), he/she may issue a deportation order. <Amended by Act No. 12421, Mar. 18, 2014>
(3) When issuing a deportation order under paragraph (2), the head of a Regional Immigration Service shall issue a written order of deportation to the suspect in question. <Amended by Act No. 12421, Mar. 18, 2014>
(4) In issuing a written order of deportation, the head of a Regional Immigration Service shall inform the suspect in question of the fact that the suspect may file an objection with the Minister of Justice. <Amended by Act No. 12421, Mar. 18, 2014>
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 60 (Filing Objections)
(1) If a suspect intends to protest a deportation order, the suspect shall file a written objection with the Minister of Justice through the head of the competent Regional Immigration Service within seven days after receipt of the written order of deportation. <Amended by Act No. 12421, Mar. 18, 2014>
(2) Upon receipt of the written objection filed under paragraph (1), the head of the Regional Immigration Service shall transfer the written objection accompanied by the written decision on examination and the record of investigation to the Minister of Justice. <Amended by Act No. 12421, Mar. 18, 2014>
(3) Upon receipt of the written objection, etc. under paragraphs (1) and (2), the Minister of Justice shall examine and decide whether the objection is well-grounded and notify the head of the competent Regional Immigration Service of the decision thereon. <Amended by Act No. 12421, Mar. 18, 2014>
(4) When the head of a Regional Immigration Service is notified by the Minister of Justice of the decision that the objection is well-grounded, he/she shall without delay inform the suspect of such decision and immediately release the suspect if the suspect is detained. <Amended by Act No. 12421, Mar. 18, 2014>
(5) When the head of a Regional Immigration Service is notified by the Minister of Justice of the decision that the objection is groundless, he/she shall without delay inform the suspect of such decision. <Amended by Act No. 12421, Mar. 18, 2014>
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 61 (Special Cases on Permission to Stay)
(1) In making a decision under Article 60 (3), even where the objection is deemed groundless, if a suspect was a former national of the Republic of Korea, or in exceptional circumstances under which a suspect needs to stay in the Republic of Korea, the Minister of Justice may permit his/her stay.
(2) In granting permission under paragraph (1), the Minister of Justice may impose necessary conditions, such as the period of stay.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
SECTION 5 Execution of Written Orders of Deportation
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Article 62 (Execution of Written Orders of Deportation)
(1) A written order of deportation shall be executed by an immigration control official.
(2) The head of a Regional Immigration Service may entrust a judicial police official to execute a written order of deportation. <Amended by Act No. 12421, Mar. 18, 2014>
(3) In executing a written order of deportation, the written order of deportation shall be produced to the person subject to such order, and the person shall be repatriated without delay to the country of repatriation under Article 64: Provided, That if the captain of a ship, etc. or a forwarding agent is required to repatriate him/her under Article 76 (1), an immigration control official may hand over such person to the captain of the ship, etc. or the forwarding agent. <Amended by Act No. 15159, Dec. 12, 2017>
(4) Notwithstanding paragraph (3), no person subject to a deportation order shall be repatriated in any of the following circumstances: Provided, That this shall not apply where a person who has applied for refugee status under the Refugee Act endangers or is likely to endanger the public security of the Republic of Korea: <Amended by Act No. 11298, Feb. 10, 2012>
1. Where he/she applied for refugee status pursuant to the Refugee Act but a decision on whether to grant refugee status has not been made;
2. Where he/she filed an objection pursuant to Article 21 of the Refugee Act, but the examination thereof has not yet finished.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 63 (Detention of Persons Subject to Deportation Orders or Release from Detention)
(1) If it is impossible to immediately repatriate a person subject to a deportation order out of the Republic of Korea as the person has no passport or no means of transportation is available, or for any other reason, the head of a Regional Immigration Service may detain the person in any detention facility until he/she can repatriate the person. <Amended by Act No. 12421, Mar. 18, 2014>
(2) When the period during which a person subject to a deportation order is detained under paragraph (1) exceeds three months, the head of a Regional Immigration Service shall obtain prior approval from the Minister of Justice every three months thereafter. <Amended by Act No. 12421, Mar. 18, 2014>
(3) The head of a Regional Immigration Service shall without delay release the person from detention if he/she fails to obtain approval under paragraph (2). <Amended by Act No. 12421, Mar. 18, 2014>
(4) If it becomes obviously impossible to repatriate a person subject to a deportation order for such reasons as his/her entry into another country being rejected, the head of a Regional Immigration Service may release the person from detention. <Amended by Act No. 12421, Mar. 18, 2014>
(5) When releasing a person subject to a deportation order from detention under paragraph (3) or (4), the head of a Regional Immigration Service may restrict his/her residence or may impose other necessary conditions. <Amended by Act No. 12421, Mar. 18, 2014>
(6) Articles 53 through 55, 56-2 through 56-9 and 57 shall apply mutatis mutandis to detention under paragraph (1).
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 64 (Country of Repatriation)
(1) A person subject to a deportation order shall be repatriated to the country of which the person is a national or has citizenship.
(2) If it is impossible to repatriate a person subject to a deportation order to the country provided for in paragraph (1), the person may be repatriated to any of the following countries:
1. A country in which he/she had resided before he/she entered the Republic of Korea;
2. The country where he/she was born;
3. The country to which the port at which he/she boarded the ship, etc. to enter the Republic of Korea belongs;
4. Any other country than those provided for in subparagraphs 1 through 3, to which he/she desires to be repatriated.
(3) Deleted. <by Act No. 11298, Feb. 10, 2012>
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
SECTION 6 Temporary Release from Detention
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Article 65 (Temporary Release from Detention)
(1) A person in detention after having received a written order of detention or deportation, his/her referee or legal representative, etc. may make a request to the head of the competent Regional Immigration Service for a temporary release from detention, as prescribed by Presidential Decree. <Amended by Act No. 12421, Mar. 18, 2014>
(2) Upon receipt of a request made under paragraph (1), the head of the Regional Immigration Service may temporarily release the detainee from detention on conditions that may include deposit of a bond not exceeding 20 million won and restrictions on his/her residence, taking into consideration the circumstances of such detainee, grounds for requesting a temporary release, assets and other matters. <Amended by Act No. 12421, Mar. 18, 2014>
(3) Procedures for the deposit and return of bonds under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 66 (Revocation of Temporary Release from Detention)
(1) If a person temporarily released from detention falls under any of the following cases, the head of a Regional Immigration Service may revoke the temporary release from detention and take the measure re-detaining the person: <Amended by Act No. 12421, Mar. 18, 2014>
1. Where the person has fled or is likely to flee;
2. Where the person fails to comply with an order to appear without justifiable grounds;
3. Where the person violates any of the conditions imposed on temporary release, in ways other than those provided for in subparagraphs 1 and 2.
(2) Where the head of a Regional Immigration Service revokes a temporary release from detention under paragraph (1), he/she may issue a written revocation of temporary release from detention and transfer bonds, in whole or in part, to the fund of the National Treasury. <Amended by Act No. 12421, Mar. 18, 2014>
(3) Procedures for the transfer of bonds to the fund of the National Treasury under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
SECTION 7 Recommendations, etc. for Departure
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Article 67 (Recommendations for Departure)
(1) If an alien staying in the Republic of Korea falls under any of the following circumstances, the head of a Regional Immigration Service may recommend the alien to voluntarily depart from the Republic of Korea: <Amended by Act No. 12421, Mar. 18, 2014>
1. A person who violates Article 17 or 20 through a minor offense;
2. A person who violates this Act or any order issued under this Act, in respect of whom the Minister of Justice deems it necessary to recommend departure.
(2) In making a recommendation for departure under paragraph (1), the head of a Regional Immigration Service shall issue a written recommendation for departure. <Amended by Act No. 12421, Mar. 18, 2014>
(3) Where a written recommendation for departure is issued under paragraph (2), the deadline for departure may be no later than five days from the date of issuance.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 68 (Departure Orders)
(1) The head of a Regional Immigration Service may order an alien to depart from the Republic of Korea in any of the following cases: <Amended by Act No. 12421, Mar. 18, 2014>
1. Where the alien is deemed to fall under any subparagraph of Article 46 (1), but intends to depart voluntarily at his/her own expense;
2. Where the alien has received a recommendation for departure under Article 67, but fails to comply therewith;
3. Where any of his/her permission, etc. has been revoked under Article 89;
4. Where it is deemed reasonable to take a measure requiring the alien to depart from the Republic of Korea after having imposed an administrative fine under Article 100 (1) through (3);
5. Where it is deemed reasonable to take a measure requiring the alien to depart from the Republic of Korea after having taken a disposition of notice under Article 102 (1).
(2) In issuing a departure order under paragraph (1), the head of the Regional Immigration Service shall issue a written order of departure. <Amended by Act No. 12421, Mar. 18, 2014>
(3) In issuing a written order of departure under paragraph (2), the head of the Regional Immigration Service may determine the deadline for departure, and impose restrictions on residence or other necessary conditions, as prescribed by Ordinance of the Ministry of Justice
(4) The head of a Regional Immigration Service shall without delay issue a written order of deportation to a person subject to a departure order who has failed to depart from the Republic of Korea by the designated deadline, or who has violated any of the conditions imposed under paragraph (3). <Amended by Act No. 12421, Mar. 18, 2014>
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
CHAPTER VII SEARCH OF SHIPS, ETC.
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Article 69 (Searches and Examinations of Ships, etc.)
(1) Every ship, etc. that enters or departs from any port of entry and departure shall undergo a search by an immigration control official.
(2) If any reason arises for a ship, etc. to inevitably enter or depart from a place, other than the port of entry and departure, the captain of the ship, etc. or the forwarding agent shall, in advance, give a notice of scheduled entry and departure under Article 74 accompanied by materials explaining the reasons therefor, to the head of the competent Regional Immigration Service, and the ship, etc. shall undergo a search pursuant to paragraph (1): Provided, That where any unforeseen accident occurs, such as emergency landing of aircraft or shipwreck, such fact shall be without delay reported to the head of the competent Regional Immigration Service to undergo a search. <Amended by Act No. 12421, Mar. 18, 2014>
(3) In conducting a search under paragraph (1) or (2), an immigration control official shall examine the following matters:
1. Whether the crew members or passengers meet the eligibility requirements for entry and departure, or any of them have left the ship, etc.;
2. Whether a person who attempts to enter or depart from the Republic of Korea in contravention of statutes is on board the ship, etc.;
3. Whether a person who has failed to obtain permission to embark under Article 72 is on board the ship, etc.
(4) In conducting a search and an examination under paragraphs (1) through (3), an immigration control official may request the presentation or inspection of the logbooks or other necessary documents to the captain of a ship, etc.
(5) In order to verify the identities of the crew members and passengers on board a ship, etc., and other persons, an immigration control official may ask questions to them or request them to present documents, etc. certifying their identity.
(6) The head of a Regional Immigration Service may allow the examination of documents in lieu of the search of ships, etc., as prescribed by Ordinance of the Ministry of Justice. <Amended by Act No. 12421, Mar. 18, 2014>
(7) In extenuating circumstances making it impossible for a ship, etc. to depart from the port within three hours after the departure search is finished, the captain of the ship, etc. shall report the grounds therefor to the head of the competent Regional Immigration Service, and undergo the search again immediately before the ship, etc. departs from the port. <Amended by Act No. 12421, Mar. 18, 2014>
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 70 (Provisions Applicable Mutatis Mutandis to Searches, etc. of Ships, etc. for Domestic Navigation)
(1) Chapters VII and VIII shall apply mutatis mutandis to searches of ships and the responsibilities of the captain of a ship, etc. or a forwarding agent, where a ship, aircraft, or other means of transportation that carries people or goods within the territory of the Republic of Korea enters a port after calling at a port in foreign country due to an exceptional situation, such as an unforeseen accident or a navigational problem.
(2) Chapters VII and VIII shall also apply mutatis mutandis to searches of aircraft and the responsibilities of the captain of an aircraft or a forwarding agent in the case of an aircraft that operates between domestic airports for the transit of people who intend to enter, or depart from, the Republic of Korea: Provided, That the obligation to repatriate under Article 76 (1) shall be limited to the airport of departure, and the obligation to repatriate an alien out of the Republic of Korea shall lie with the captain or the forwarding agent of the aircraft that the alien to be repatriated has been on board immediately before transit. <Amended by Act No. 15159, Dec. 12, 2017>
[This Article Wholly Amended by Act No. 14106, Mar. 29, 2016]
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Article 71 (Suspension, etc. of Entry and Departure)
(1) If the head of a Regional Immigration Service finds any violation as a result of the examination under Article 69 (3), he/she may suspend the departure or entry of any relevant crew member or passenger. <Amended by Act No. 12421, Mar. 18, 2014>
(2) The suspension of entry or departure under paragraph (1) shall be limited to the period required for investigating the violation.
(3) If it is necessary to continue prohibiting or suspending the entry or departure even after the investigation under paragraph (2) is complete, the decision of the Minister of Justice shall be obtained under Article 4, 11 or 29.
(4) If deemed necessary to prohibit or suspend the departure of any passenger or crew member under paragraph (1) or Article 4 or 29, the head of a Regional Immigration Service may order the ship, etc. to suspend the departure from a port or to return to the port, or restrict the passenger's or crew member's access to the ship, etc. <Amended by Act No. 12421, Mar. 18, 2014>
(5) If the head of a Regional Immigration Service orders a ship, etc. to temporarily suspend its departure or to return, or restricts the passenger's or crew member's access to a ship, etc. under paragraph (4), he/she shall, without delay, notify the captain of the ship, etc. or the forwarding agent thereof. This shall also apply where he/she revokes such order for temporary suspension of entry or return, or restriction on access. <Amended by Act No. 12421, Mar. 18, 2014>
(6) The temporary suspension, etc. of departure of ships, etc. from a port under paragraph (4) shall be limited to the minimum extent necessary for the head of a Regional Immigration Service to perform his/her duties.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 72 (Permission to Embark)
(1) A person who intends to enter a ship, etc. moored at a port of entry and departure or any place, other than a port of entry and departure, shall obtain permission to embark from the head of the competent Regional Immigration Service: Provided, That this shall not apply to the crew members and passengers of the ship, etc. or any person permitted to enter the ship, etc. pursuant to other statutes. <Amended by Act No. 12421, Mar. 18, 2014>
(2) Paragraph (1) shall also apply where any person, other than immigration control officials, intends to enter a place of entry and departure inspections.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
CHAPTER VIII RESPONSIBILITIES OF CAPTAINS OF SHIPS, ETC. AND FORWARDING AGENTS
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Article 73 (General Obligations etc. of Forwarding Agents, etc.)
The captains of ships, etc. or forwarding agents shall comply with the following: <Amended by Act No. 14106, Mar. 29, 2016>
1. To prevent a person’s entry or landing without entry or landing permission;
2. To prevent a person without a valid passport (referring to a valid passport or seafarers’ identity document in the case of seafarers) and required visa from boarding;
3. To prevent a person who fails to obtain boarding permission or to undergo a departure inspection from boarding;
4. To prevent the boarding of a person immigration control officials notify as ineligible for boarding a ship, etc. because of a failure to meet any of the requirements for departure or entry provided for in this Act;
5. To place security guards as requested by immigration control officials to prevent entry, landing, or boarding under subparagraphs 1 through 4;
6. To search the inside of ships, etc. to check whether a person who attempts to enter or depart from the Republic of Korea in contravention of this Act is hiding;
7. To prohibit unauthorized access to ships, etc. until the completion of the search of the ships, etc. and a departure and entry inspection;
8. To prevent crew members or passengers from embarking or disembarking ships, etc. between the time of completion of the search of ships, etc. and departure inspection and the time of departure of the ships, etc.;
9. Other matters ordered by an immigration control official as deemed particularly necessary for performing his/her duties in searching ships, etc. and conducting departure or entry inspections.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 73-2 (Perusal, Provision, etc. of Passenger Reservation Information)
(1) When an immigration control official requests the verification of reservation information to perform any of the following duties, a forwarding agent shall without delay allow the official to peruse a reservation information system or submit the reservation information in a standardized electronic document: Provided, That if the forwarding agent is unable to submit such information in the standardized electronic document due to an exceptional situation prescribed by Ordinance of the Ministry of Justice, the forwarding agent may inform the immigration control official of the situation without delay and submit the information in writing:
1. To investigate a person who has violated or is highly likely to having violated Article 7 (1), 7-2 or 12-3 (1);
2. To investigate a person who falls under any subparagraph of Article 11 (1) or appears highly likely to do so .
(2) The scope of the information to be perused or submitted in writing under paragraph (1) shall be limited to the following:
1. Name, nationality, address, and telephone number;
2. Number, term of validity, and issuing country of the passport;
3. Timing of reservation and boarding process;
4. Travel route and travel agency;
5. Accompanied passenger and seat number;
6. Luggage;
7. Method of settling purchase price for airline tickets;
8. Place of departure and final destination;
9. Reservation number.
(3) When an immigration control official requests a forwarding agent to provide the following information on a passenger who wishes to receive a boarding pass in order to ensure the safety of the passenger and an accurate and rapid inspection for departure or entry, the forwarding agent shall without delay submit the information in a standardized electronic document: Provided, That if the forwarding agent is unable to submit such information in the standardized electronic document due to an exceptional situation prescribed by Ordinance of the Ministry of Justice, the forwarding agent may inform immigration control official of the situation without delay and may submit the information in writing: <Amended by Act No. 14106, Mar. 29, 2016>
1. Name, gender, date of birth, and nationality;
2. Passport number and reservation number;
3. Service, place and time of departure;
4. Place and time of entry;
5. Whether the passenger makes a transit.
(4) Immigration control officials entitled to peruse or request the submission of information in writing pursuant to paragraphs (1) and (3) shall be limited to persons designated by the head of the competent Regional Immigration Service. <Amended by Act No. 12421, Mar. 18, 2014>
(5) Upon finding a person ineligible for boarding a ship, etc. due to his/her failure to meet any of the requirements for departure or entry provided for in this Act, after having examined the data submitted, an immigration control official designated pursuant to paragraph (4) may give notice to the captain of the relevant ship, etc. or the relevant forwarding agent to prevent the person from boarding. <Newly Inserted by Act No. 14106, Mar. 29, 2016>
(6) No immigration control official designated pursuant to paragraph (4) shall divulge the information he/she has obtained from reservation information systems in the course of performing his/her duties to any third person, dispose of such information without authority, or use such information for unlawful purposes, such as providing for use by third persons. <Amended by Act No. 14106, Mar. 29, 2016>
(7) The timing for the perusal and submission of information pursuant to paragraphs (1) and (3) and further details shall be prescribed by Presidential Decree. <Amended by Act No. 14106, Mar. 29, 2016>
[This Article Newly Inserted by Act No. 10282, May 14, 2010]
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Article 74 (Obligation to Give Prior Notice)
Where a ship, etc. enters and departs from a port of entry and departure, the captain of the ship, etc. or a forwarding agent shall give, in advance, a notice of scheduled entry and departure specifying the scheduled date and time of entry and departure and other necessary matters to the head of the competent Regional Immigration Service: Provided, That if any unforeseen accident occurs, such as an emergency landing of the aircraft or shipwreck, the captain of the ship, etc. or the forwarding agent shall without delay notify the head of the competent Regional Immigration Service thereof. <Amended by Act No. 12421, Mar. 18, 2014>
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 75 (Obligation to Report)
(1) The captain of every ship, etc. or every forwarding agent that enters and departs from a port of entry and departure or any place, other than a port of entry and departure, shall submit an entry or departure report stating matters prescribed by Presidential Decree, accompanied by a list of crew members and a list of passengers, to the head of the competent Regional Immigration Service. <Amended by Act No. 12421, Mar. 18, 2014>
(2) The entry or departure report referred to in paragraph (1) shall be submitted in a standardized electronic document: Provided, That where the captain of a ship, etc. or a forwarding agent is unable to submit such information in a standardized electronic document due to extenuating circumstances prescribed by Ordinance of the Ministry of Justice, he/she may without delay submit it in writing after informing the head of the competent Regional Immigration Service of the grounds therefor.
(3) Detailed matters concerning procedures for submitting entry or departure reports under paragraph (1), including the timing for submission, shall be prescribed by Presidential Decree.
(4) If the captain of a ship, etc. or a forwarding agent that enters a port of entry and departure or any place, other than a port of entry and departure, becomes aware that a person without a valid passport (referring to a passport or seafarers’ identity document in the case of seafarers) is on board the ship, etc., he/she shall without delay report such fact to the head of the competent Regional Immigration Service and prevent the person from landing. <Amended by Act No. 12421, Mar. 18, 2014>
(5) The captain of a ship, etc. or a forwarding agent that departs from a port of entry and departure or any place, other than a port of entry and departure, shall report the following matters to the head of the competent Regional Immigration Service: <Amended by Act No. 11224, Jan. 26, 2012; Act No. 12421, Mar. 18, 2014>
1. Whether a crew member granted landing permission or a passenger granted landing permission for tourism has returned to the ship, etc.;
2. Whether any person intends to depart from the Republic of Korea without undergoing due departure formalities.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 76 (Obligation to Repatriate)
(1) The captain of a ship, etc. or a forwarding agent operating a ship, etc. on which any of the following aliens embarked shall without delay repatriate such alien out of the Republic of Korea at his/her expense and on his/her own responsibility: <Amended by Act No. 11224, Jan. 26, 2012; Act No. 15159, Dec. 12, 2017>
1. A person who fails to meet any of the requirements under Article 7 or 10 (1);
2. A person whose entry is prohibited or refused under Article 11;
3. A person whose entry is not permitted by any reason attributable to the captain of the ship, etc. or the forwarding agent under Article 12 (4);
4. A crew member who has landed under Article 14 or a passenger who has landed for tourism under Article 14-2 fails to return to the ship, etc. on which he/she embarked until the ship, etc. departs from the port;
5. A person falling under Article 46 (1) 6 or 7 who receives a deportation order.
(2) Notwithstanding paragraph (1), if necessary for the effective repatriation of aliens, the head of a Regional Immigration Service may provide the captain of a ship, etc. or a forwarding agent with a specific place located in a port of departure and entry until repatriating the aliens. In such cases, where the head of the competent Regional Immigration Service makes a request regarding the management of the place or aliens staying in the place, the captain of the ship, etc. or the forwarding agent shall comply with such request unless there is a compelling reason not to do so. <Newly Inserted by Act No. 15159, Dec. 12, 2017>
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
CHAPTER VIII-2 ISSUANCE OF REFUGEE TRAVEL DOCUMENTS, ETC.
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Articles 76-2 through 76-4 Deleted. <by Act No. 11298, Feb. 10, 2012>
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Article 76-5 (Refugee Travel Documents)
(1) If a person granted refugee status under the Refugee Act intends to depart from the Republic of Korea, the Minister of Justice shall issue, upon his/her application, a refugee travel document to the person, as prescribed by Presidential Decree: Provided, That this shall not apply where his/her departure is deemed to pose a threat to the security of the Republic of Korea. <Amended by Act No. 11298, Feb. 10, 2012>
(2) A refugee travel document issued under paragraph (1) shall be valid for a period of three years. <Amended by Act No. 14106, Mar. 29, 2016>
(3) A person who holds a refugee travel document issued under paragraph (1) may enter or depart from the Republic of Korea during the term of validity of such document, without any limitation on the number of times. In such cases, the person needs not obtain reentry permission under Article 30 at the time of entry into the Republic of Korea. <Amended by Act No. 14106, Mar. 29, 2016>
(4) If deemed particularly necessary in cases falling under paragraph (3), the Minister of Justice may limit the period of reentry to a minimum of three months or up to one year.
(5) If a person who has departed from the Republic of Korea with a refugee travel document issued under paragraph (1) is unable to reenter the Republic of Korea within the term of validity of such document due to a disease or other extenuating circumstances, the Minister of Justice may, upon his/her application, grant an extension of the term of validity by up to six months.
(6) The Minister of Justice may delegate the authority to grant extensions of the term of validity under paragraph (5) to the heads of overseas diplomatic missions, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 76-6 (Surrender of Certificates, etc. of Refugee Status Recognition)
(1) A person granted refugee status under the Refugee Act shall without delay surrender his/her certificate of refugee status recognition or refugee travel document to the head of the competent Regional Immigration Service in any of the following cases: <Amended by Act No. 11298, Feb. 10, 2012; Act No. 12421, Mar. 18, 2014>
1. Where he/she is issued a written order of deportation under Article 59 (3), 68 (4) or 85 (1);
2. Where he/she is notified that his/her objection to a deportation order is groundless under Article 60 (5);
3. Where he/she is notified that the decision granting refugee status under the Refugee Act has been cancelled or withdrawn.
(2) If the Minister of Justice deems that a person issued a refugee travel document under Article 76-5 (1) might engage in any conduct posing a threat to the security of the Republic of Korea, the Minister may order the person to surrender his/her refugee travel document within a prescribed period not exceeding 14 days.
(3) A refugee travel document surrendered under paragraph (2) shall become void at the time of surrender, and if it is not surrendered by the designated deadline, at the expiration of such deadline, respectively.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 76-7 (Special Cases concerning Permission to Stay Granted to Refugees)
Where a person granted refugee status under the Refugee Act files an objection under Article 60 (1), the Minister of Justice may permit the person to stay in the Republic of Korea even where such person does not fall under the grounds provided for in Article 61 (1), and his/her objection is deemed groundless. Article 61 (2) shall apply mutatis mutandis to such cases. <Amended by Act No. 11298, Feb. 10, 2012>
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Articles 76-8 (Entrustment of Administrative Affairs to Issue Refuge Travel Documents, etc.)
The Minister of Justice may entrust the head of the Regional Immigration Service having jurisdiction over the place of stay of an applicant for a refuge travel document with some of administrative affairs related to issuing and reissuing refuge travel documents, as prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 14106, Mar. 29, 2016]
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Articles 76-9 and 76-10 Deleted. <by Act No. 11298, Feb. 10, 2012>
CHAPTER IX SUPPLEMENTARY PROVISIONS
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Article 77 (Carrying and Use of Arms, etc.)
(1) Immigration control officials may carry arms, etc. (referring to equipment, outfit, sprayers and weapons prescribed in Articles 10, and 10-2 through 10-4 of the Act on the Performance of Duties by Police Officers, and hereinafter referred to as "arms, etc.") if necessary to perform their duties. <Amended by Act No. 12600, May 20, 2014>
(2) Immigration control officials may use arms, etc. pursuant to Articles 10, and 10-2 through 10-4 of the Act on the Performance of Duties by Police Officers. <Amended by Act No. 12600, May 20, 2014>
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 78 (Cooperation of Relevant Agencies)
(1) If necessary for conducting any of the following investigations, an immigration control official may request any relevant agency or organization to cooperate in providing materials or investigating facts, etc.:
1. An investigation under Article 47;
2. Deleted; <by Act No. 11298, Feb. 10, 2012>
3. An investigation of an immigration offender.
(2) In order to perform the following duties, the Minister of Justice may request the following information from related agencies: <Amended by Act No. 14106, Mar. 29, 2016; Act No. 14585, Mar. 14, 2017>
1. Departure or entry inspections (including the performance of duties under an agreement, if such agreement has been entered into with a foreign country concerning departure or entry inspections using informatization devices): Criminal history records, investigation records, information about passports issued or resident registration, or computerized information about registration of family relationship;
2. Examinations to issue visas or visa issuance certificates: Criminal history records, investigation records, customs-related crimes, information about passports issued or resident registration; information about whether a business operator's temporary or permanent closure of business, tax payment certificates; computerized information about registration of family relationship; or information about the status of international marriage brokers and administrative dispositions;
3. Examination for various permits related to the stay of aliens: Criminal history records, investigation records, information about passports issued or resident registration; information about aliens' registration of motor vehicles; information about whether a business operator's temporary or permanent closure of business; tax payment certificates; information about aliens’ default of taxes; computerized information about registration of family relationship; or information about the current status of international marriage brokers and administrative dispositions;
4. Investigation of criminals related to departure or entry: Criminal history records, investigation records, dispositions taken against aliens' crimes, customs-related crimes, information about passports issued or resident registration; information about aliens' registration of motor vehicles; tax payment certificates; computerized information about registration of family relationship; or information about the status of international marriage brokers and administrative dispositions;
5. Issuance of certificates of fact: Information about passports issued or resident registration, or computerized information about registration of family relationship.
(3) No related agency or organization shall reject a request for cooperation under paragraph (1) or a request for information under paragraph (2), without justifiable ground. <Amended by Act No. 14106, Mar. 29, 2016>
(4) The materials submitted under paragraph (1) or the information provided under paragraph (2) shall be kept and managed in accordance with the Personal Information Protection Act. <Newly Inserted by Act No. 14106, Mar. 29, 2016>
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 79 (Persons Obligated to File Applications, etc. for Permission)
Where any of the following persons is under 17 years of age, and fails to file an application for permission, etc., his/her parents or other persons prescribed by Presidential Decree shall file such application:
1. A person who is required to obtain permission to engage in activities, other than those covered by his/her original status of stay under Article 20;
2. A person who is required to obtain the status of stay under Article 23;
3. A person who is required to obtain permission to change his/her status of stay under Article 24;
4. A person who is required to obtain an extension of his/her period of stay under Article 25;
5. A person who is required to file for alien registration under Article 31;
6. A person who is required to report on changes in connection with alien registration under Article 35;
7. A person who is required to report a change in his/her place of stay under Article 36.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 80 (Fact-Finding Investigations)
(1) In order to maintain the accuracy of any report or registration under this Act, an immigration control official or authorized public official may investigate such issue, if there are reasonable grounds to suspect that the contents of a report or registration under Articles 19, 31, 35, and 36 are different from the fact.
(2) If deemed necessary for performing any of the following duties, the Minister of Justice may require an immigration control official to investigate relevant facts:
1. Issuance of a visa issuance certificate under Article 9;
2. Granting permission under Articles 20, 21, 24 and 25 or the status of stay under Article 23;
3. Deleted. <by Act No. 11298, Feb. 10, 2012>
(3) If necessary for conducting an investigation under paragraph (1) or (2), any person who has filed a report, registration, or an application under paragraph (1) or (2), or any other relevant person, may be requested to appear to answer any question, or to present documents and other materials.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
법령 이단보기
Article 81 (Investigation of Movements of Aliens by Immigration Control Officials, etc.)
(1) In order to investigate whether an alien stays lawfully in compliance with this Act or any order issued under this Act, immigration control officials or public officials belonging to related agencies prescribed by Presidential Decree may visit and inquire of any of the following persons, or request such persons to present necessary materials:
1. An alien;
2. An employer of an alien;
3. The representative of an organization or a business entity where an alien belongs, or is employed;
4. A person who provides an alien with accommodation.
(2) If necessary for preventing an alien from illegally entering the Republic of Korea by a false invitation, etc., immigration control officials may visit a person who arranges or mediates the invitation of aliens, international marriage, etc. or such person’s place of business and inquire of the person or request such person to present relevant materials.
(3) An immigration control official may request an alien to stop and make inquires of the alien based on reasonable suspicion that he/she has violated this Act, having regard to such alien’s movements or circumstances.
(4) No person in receipt of an inquiry or a request to submit materials under paragraph (1) or (2) may refuse it without justifiable grounds.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
법령 이단보기
Article 81-2 (Posting of Immigration Control Officials)
The Minister of Justice may post immigration control officials in overseas diplomatic missions, etc. to perform the following duties:
1. Issuance of visas under Article 7 (1);
2. Issuance of alien entry permits under Article 7 (4);
3. Collection of necessary information on aliens’ entry into the Republic of Korea and liaison duties.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
법령 이단보기
Article 82 (Carrying and Production of Certificates)
An immigration control official or duly authorized public official shall carry a certificate indicating his/her authority, and produce it to relevant persons when performing the following duties: <Amended by Act No. 14106, Mar. 29, 2016>
1. Inspecting a residence or articles, or requesting submission of documents or other articles, under Article 50;
2. Conducting a search and an examination under Article 69 (including cases to which the aforementioned Article shall apply mutatis mutandis pursuant to Article 70 (1) and (2));
3. Making an inquiry or requesting submission of other necessary materials under Articles 80 and 81;
4. Performing duties equivalent to those referred to in subparagraphs 1 through 3.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 83 (Reporting on Immigration Offenders)
Any person who finds a person suspected of violating this Act may report him/her to an immigration control official.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
법령 이단보기
Article 84 (Obligation to Notify)
(1) Any public official of the State or a local government finds a person falling under any subparagraph of Article 46 (1) or a person deemed to have violated this Act, in the course of performing his/her duties, shall without delay notify the head of the competent Regional Immigration Service of the person: Provided, That this shall not apply where the public official is deemed unable to achieve the very purpose of performing his/her duties due to his/her notification in circumstances prescribed by Presidential Decree. <Amended by Act No. 11224, Jan. 26, 2012; Act No. 12421, Mar. 18, 2014>
(2) If an alien subject to notification under paragraph (1) falls under any of the following cases, the head of a prison, juvenile prison, house of detention or its branch, protective custody office, medical treatment and custody office, or juvenile reformatory shall without delay notify the head of the competent Regional Immigration Service thereof: <Amended by Act No. 12421, Mar. 18, 2014>
1. Where it is determined to release the alien subject to execution of a penalty upon termination of his/her prison term or suspension of enforcement of sentence, or on any other ground;
2. Where it is determined to release the alien in detention under protective or medical custody;
3. Where it is determined to release the alien detained in a juvenile reformatory under the Juvenile Act from such reformatory.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
법령 이단보기
Article 85 (Relationship to Criminal Procedures)
(1) The head of the competent Regional Immigration Service may take the procedures of deportation against an alien falling under any subparagraph of Article 46 (1) even during the enforcement of his/her sentence. <Amended by Act No. 12421, Mar. 18, 2014>
(2) In cases falling under paragraph (1), if a written order of deportation is issued to an alien, it shall be executed after the enforcement of his/her sentence is terminated: Provided, That if the chief prosecutor of the district prosecutors’ office having jurisdiction over the place where the sentence against the alien is enforced permits, the written order of deportation may be executed even before the enforcement of sentence is terminated.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
법령 이단보기
Article 86 (Surrender of Persons)
(1) When a prosecutor makes a non-prosecution disposition against a suspect in custody to whom a written order of deportation has been issued, the prosecutor shall surrender the suspect to an immigration control official upon his/her release.
(2) If a written order of deportation is issued to an alien notified to the head of a Regional Immigration Service under Article 84 (2), the head of a prison, juvenile prison, house of detention or its branch, protective custody office, medical treatment and custody office, or juvenile reformatory shall surrender the alien to an immigration control official upon his/her release from such a facility. <Amended by Act No. 12421, Mar. 18, 2014>
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
법령 이단보기
Article 87 (Immigration Control Fees)
(1) A person who obtains permission, etc. under this Act shall pay a fee prescribed by Ordinance of the Ministry of Justice.
(2) If it is deemed necessary in light of international practices or reciprocity principles or for other reasons prescribed by Ordinance of the Ministry of Justice, the Minister of Justice may exempt a fee under paragraph (1), and if an agreement, etc. includes separate provisions concerning a fee, such provisions shall be complied with.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
법령 이단보기
Article 88 (Issuance of Certificate of Fact and Perusal of Registration)
(1) The head of a Regional Immigration Service, the head of a Si/Gun/Gu (including a non-autonomous Gu; the same shall apply hereafter in this Article), the head of an Eup/Myeon/Dong, or the head of an overseas diplomatic mission may issue a certificate of fact on the entry into, or the departure from, the Republic of Korea in accordance with the procedures provided for in this Act to certify whether a person has entered or departed from the Republic of Korea, as prescribed by Ordinance of the Ministry of Justice: Provided, That a certificate of fact on the entry into, or the departure from, the Republic of Korea may be issued in accordance with the procedures provided for in this Act, if deemed particularly necessary with regard to a person who has never entered, or departed from, the Republic of Korea. <Amended by Act No. 11224, Jan. 26, 2012; Act No. 12421, Mar. 18, 2014; Act No. 14106, Mar. 29, 2016>
(2) The head of a Regional Immigration Service, the head of a Si/Gun/Gu, or the head of an Eup/Myeon/Dong may issue a certificate of fact on alien registration to an alien who has filed for alien registration in accordance with the procedures provided for in this Act, or to any person specified by Ordinance of the Ministry of Justice, including the alien’s legal representative, may allow any of such persons to peruse alien registration, as prescribed by Ordinance of the Ministry of Justice. <Amended by Act No. 12421, Mar. 18, 2014; Act No. 14106, Mar. 29, 2016>
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
법령 이단보기
Article 88-2 (Relationship between Alien Registration Certificates, etc. and Resident Registration Certificates, etc.)
(1) Where a resident registration certificate, or the certified or abridged copy of the resident registration certificate, is required to execute various procedures, transactions, etc. provided for in the statutes, an alien registration certificate or a certificate of fact on alien registration shall substitute for it.
(2) Any alien registration and report on change of place of stay filed under this Act shall substitute for any resident registration and moving-in report, respectively.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
법령 이단보기
Article 89 (Revocation and Change of Various Permission, etc.)
(1) If an alien falls under any of the following cases, the Minister of Justice may revoke or change a visa issued under Article 8, a visa issuance certificate issued under Article 9, entry permission granted under Article 12 (3), conditional entry permission granted under Article 13, landing permission for crew members granted under Article 14, landing permission for tourism granted under Article 14-2, or permission for stay, etc. granted under Articles 20, 21, and 23 through 25: <Amended by Act No. 11224, Jan. 26, 2012>
1. Where a referee withdraws his/her guarantee or there is no referee anymore;
2. Where it is found that the alien has obtain permission, etc. by fraud or other improper means;
3. Where the alien violates any of terms or conditions of permission;
4. Where any change in circumstances causes a grave reason making it impossible to maintain permitted conditions;
5. In any other cases than those provided for in subparagraphs 1 through 4, where the alien seriously violates this Act or any other Act, or violates any legitimate ex officio order issued by an immigration control official.
(2) If deemed necessary for revoking or changing permission, etc. under paragraph (1), the Minister of Justice may require the alien in question or the applicant under Article 79 to appear to hear his/her opinion.
(3) In cases falling under paragraph (2), the Minister of Justice shall give a notice of the grounds for revocation or change and the date, time and place of appearance to the alien or applicant by seven days prior to the date of appearance.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
법령 이단보기
Article 90 (References)
(1) If it is deemed necessary in connection with the issuance of a visa or a visa issuance certificate, entry permission, conditional entry permission, any permission for stay, detention of an alien, extradition of an immigration offender, etc., the Minister of Justice may require the person who has invited an alien or any other related person to provide personal reference of such alien (hereinafter referred to as "guaranteed alien").
(2) The Minister of Justice may require a person who provides an alien’s personal reference (hereinafter referred to as "referee") under paragraph (1) to fully or partially bear expenses incurred in relation to the alien’s stay and detention in and departure from the Republic of Korea.
(3) Where expenses are borne by the National Treasury due to a referee’s failure to fulfill his/her obligation to guarantee an alien under paragraph (2), the Minister of Justice may exercise the right to indemnity against the referee.
(4) Where a referee is unlikely to bear expenses under paragraph (2), or the provision of personal reference alone is insufficient to achieve the purpose of guarantee, the Minister of Justice may require the referee to deposit bonds not exceeding three million won per guaranteed alien.
(5) The qualifications of referees, period of guarantee and other matters necessary for providing personal references shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
법령 이단보기
Article 90-2 (Responsibility to Bear Expenses for Departure of Illegally Employed Aliens)
(1) The Minister of Justice may require an employer of an alien not granted status of stay that entitles the alien to engage in job-seeking activities (hereinafter referred to as "illegal employer") to fully or partially bear expenses incurred in departing the alien from the Republic of Korea.
(2) Where expenses are borne by the National Treasury due to an illegal employer’s failure to fulfill his/her responsibility to bear expenses under paragraph (1), the Minister of Justice may exercise the right to indemnity against the illegal employer.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 91 (Service of Documents, etc.)
(1) Except as otherwise expressly provided for in this Act, documents, etc. shall be served either in person or by mail to the principal, his/her family members, referee, or head of the organization to which he/she belongs, in that order.
(2) If the head of a Regional Immigration Service deems it impossible to serve documents, etc. pursuant to paragraph (1), he/she shall keep the documents, etc. to be served, and serve such documents, etc. by public notice posting the grounds therefor on the bulletin board in the office building. <Amended by Act No. 12421, Mar. 18, 2014>
(3) Service by public notice under paragraph (2) shall take effect at the expiration of 14 days after the public notice is posted.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 92 (Delegation of Authority)
(1) The Minister of Justice may delegate part of his/her authority under this Act to the head of a Regional Immigration Service, as prescribed by Presidential Decree. <Amended by Act No. 12421, Mar. 18, 2014>
(2) A Mayor (excluding the Special Metropolitan City Mayor and Metropolitan City Mayors) may delegate part of his/her authority under this Act to the head of a Gu (referring to the head of a Gu, other than an autonomous Gu), as prescribed by Presidential Decree. <Amended by Act No. 11224, Jan. 26, 2012>
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 92-2 (Consultation on Permission for Navigation of Ships, etc.)
In order to permit the navigation of ships, etc. that carry passengers to and from ports of departure and entry, the Minister of Land, Infrastructure and Transport or the Minister of Oceans and Fisheries shall consult with the Minister of Justice in advance to ensure that departure or entry inspections can be conducted smoothly.
[This Article Newly Inserted by Act No. 14106, Mar. 29, 2016]
법령 이단보기
Article 93 (Procedures for Travel, etc. between South and North Korea)
(1) If a national who resides south of the Military Demarcation Line (hereinafter referred to as "South Korea") or in a foreign country enters or departs from the Republic of Korea through the area north of the Military Demarcation Line (hereinafter referred to as "North Korea"), the national shall undergo an immigration inspection before the national goes to North Korea from South Korea, or after the national arrives in South Korea from North Korea.
(2) The provisions of this Act concerning immigration procedures shall apply mutatis mutandis to travel procedures of any alien between South Korea and North Korea, unless otherwise prescribed by the Minister of Justice.
(3) If an alien enters or departs from the Republic of Korea through North Korea, the alien shall be subject to this Act concerning immigration procedures.
(4) Matters necessary for enforcing paragraphs (1) through (3) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
CHAPTER X PENALTY PROVISIONS
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Article 93-2 (Penalty Provisions)
(1) Any of the following persons shall be punished by imprisonment with labor for not more than seven years: <Amended by Act No. 12195, Jan. 7, 2014>
1. A person detained or temporarily detained under this Act and falls under any of the following:
(a) A person who damages a detention facility or apparatus, or assaults or intimidates any other person, for the purpose of escape;
(b) A person who escapes jointly in a group of at least two persons;
2. A person in the course of being escorted for detention or deportation under this Act who assaults or intimidates any other person, or escapes jointly in a group of at least two persons;
3. A person who abducts a person detained or temporarily detained under this Act or a person being escorted for detention or deportation, or has any such person escape.
(2) Any of the following persons who has a profit-making purpose shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding 50 million won: <Amended by Act No. 11224, Jan. 26, 2012; Act No. 12195, Jan. 7, 2014>
1. A person who allows an alien required to undergo an entry inspection under Article 12 (1) or (2) to illegally enter the Republic of Korea in a group, or arranges such illegal entry;
2. A person who provides or arranges a ship, etc., passports, visas, boarding passes, other documents and articles that may be used for entry into and departure from the Republic of Korea for the purpose of having a group of aliens illegally enter or depart from the Republic of Korea, or enter any other country via the Republic of Korea, in violation of Article 12-3 (1);
3. A person who allows aliens who illegally entered the Republic of Korea to harbor in or escape from the Republic of Korea in a group, or provides or arranges a means of transportation for the purpose of harboring or allowing such aliens to escape, in violation Article 12-3 (2).
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
법령 이단보기
Article 93-3 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 30 million won: <Amended by Act No. 12195, Jan. 7, 2014>
1. A person who enters the Republic of Korea without undergoing an entry inspection, in violation of Article 12 (1) or (2);
2. A person who commits a violation provided for in any subparagraph of Article 93-2 (2) (excluding a person who commits such violation for profit-making).
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
법령 이단보기
Article 94 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than three years, or by a fine not exceeding twenty million won: <Amended by Act No. 11224, Jan. 26, 2012; Act No. 12195, Jan. 7, 2014; Act No. 14106, Mar. 29, 2016>
1. A person who departs from the Republic of Korea without undergoing a departure inspection, in violation of Article 3 (1);
2. A person who enters the Republic of Korea, in violation of Article 7 (1) or (4);
3. A person who violates Article 7-2;
4. A person who violates Article 12-3 and does not fall under Article 93-2 (2) or 93-3;
5. A person who lands without obtaining landing permission for crew members under Article 14 (1) or landing permission for tourism under Article 14-2 (1);
6. A person who violates any of the conditions imposed on landing permission for crew members under Article 14 (3) or landing permission for tourism under Article 14-2 (3);
7. A person who overstays his/her authorized period of stay in the Republic of Korea or stays not in compliance with his/her status of stay, in violation of Article 17 (1);
8. A person who engages in employment without obtaining the status of stay that entitles the person to engage in job-seeking activities, in violation of Article 18 (1);
9. A person who hires a person not granted status of stay that entitles the person to engage in job-seeking activities, in violation of Article 18 (3);
10. A person who arranges or solicits, as his/her business, the employment of an alien not granted status of stay that entitles the alien to engages in employment, in violation of Article 18 (4);
11. A person who places an alien not granted status of stay that entitles the alien to engage in job-seeking activities, under his/her control, in violation of Article 18 (5);
12. A person who engages in activities permitted under a different status of stay without obtaining permission to engage in activities not covered by his/her original status of stay, in violation of Article 20;
13. A person who arranges, as his/her business, the employment of an alien who fails to obtain permission for change or addition of his/her workplace, in violation of Article 21 (2);
14. A person who violates any restriction, etc. imposed under Article 22;
15. A person who stays in the Republic of Korea without obtaining the status of stay, in violation of Article 23;
16. A person who engages in activities permitted by a different status of stay without obtaining permission to change his/her status of stay, in violation of Article 24;
17. A person who continues overstaying his/her authorized period of stay in the Republic of Korea without obtaining an extension of his/her period of stay, in violation of Article 25;
17-2. A person who violates Article 26;
18. A person who departs from the Republic of Korea without undergoing a departure inspection, in violation of Article 28 (1) or (2);
19. A person who violates Article 33-2;
20. A person who violates Article 69 (including cases to which the aforementioned Article shall apply mutatis mutandis pursuant to Article 70 (1) and (2)).
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
법령 이단보기
Article 95 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won: <Amended by Act No. 12195, Jan. 7, 2014>
1. A person who enters the Republic of Korea without undergoing an entry inspection, in violation of Article 6 (1);
2. A person who violates any of the conditions imposed on conditional entry permission under Article 13 (2);
3. A person who lands without obtaining emergency landing permission under Article 15 (1), landing permission in distress under Article 16 (1), or temporary landing permission for refugees under Article 16-2 (1);
4. A person who violates any of the terms or conditions of permission under Article 15 (2), 16 (2) or 16-2 (2);
5. A person who works at the workplace, other than the designated workplace, in violation of Article 18 (2);
6. A person who changes or adds his/her workplace without obtaining permission, in violation of the main sentence of Article 21 (1), or a person who employs an alien who fails to obtain permission for change or addition of his/her workplace, in violation of Article 21 (2);
7. A person who violates his/her obligation to file for registration under Article 31;
8. A person who flees while being detained or temporarily detained under Article 51 (1) or (3), 56 or 63 (1), or a person who flees while being escorted for detention, deportation, etc. (excluding persons falling under Article 93-2 (1) 1 or 2);
9. A person who violates any of the restrictions on his/her residence or other conditions imposed under Article 63 (5);
10. Deleted. <by Act No. 11298, Feb. 10, 2012>
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 96 (Penalty Provisions)
Any of the following persons shall be punished by a fine not exceeding ten million won: <Amended by Act No. 14106, Mar. 29, 2016>
1. A person who violates an order of temporary suspension of departure, an order of return, or a restriction on access to a ship, etc. under Article 71 (4) (including cases to which the aforementioned provision shall apply mutatis mutandis pursuant to Article 70 (1) and (2));
2. A person who fails to comply with any of the provisions of Article 73 (including cases to which the aforementioned Article shall apply mutatis mutandis pursuant to Article 70 (1) and (2)), or a request for perusal or submission of documents, in violation of Article 73-2 (1) (including cases to which the aforementioned paragraph shall apply mutatis mutandis pursuant to Article 70 (1) and (2)), or (3) (including cases to which the aforementioned paragraph shall apply mutatis mutandis pursuant to Article 70 (1) and (2)), without justifiable ground;
3. A person who fails to submit a report under Article 75 (1) (including cases to which the aforementioned paragraph shall apply mutatis mutandis pursuant to Article 70 (1) and (2)), or (2) (including cases to which the aforementioned paragraph shall apply mutatis mutandis pursuant to Article 70 (1) and (2)) or submits a false report, without justifiable ground.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 97 (Penalty Provisions)
Any of the following persons shall be punished by a fine not exceeding five million won: <Amended by Act No. 14106, Mar. 29, 2016; Act No. 15159, Dec. 12, 2017>
1. A person who arranges or solicits the employment of an alien not granted status of stay that entitles the alien to engage in job-seeking activities, in violation of Article 18 (4) (excluding a person engaged in it as his/her business);
2. A person who arranges the employment of an alien who fails to obtain permission to change or add his/her workplace, in violation of Article 21 (2) (excluding a person engaged in it as his/her business);
3. A person who enters a ship, etc. or a place of immigration inspection without obtaining permission, in violation of Article 72 (including cases to which the aforementioned Article shall apply mutatis mutandis pursuant to Article 70 (1) and (2));
4. A person who breaches the obligation to submit or give notice under Article 74 (including cases to which the aforementioned Article shall apply mutatis mutandis pursuant to Article 70 (1) and (2));
5. A person who breaches the obligation to report or take measures for prevention under Article 75 (4) (including cases to which the aforementioned paragraph shall apply mutatis mutandis pursuant to Article 70 (1) and (2)), or (5) (including cases to which the aforementioned paragraph shall apply mutatis mutandis pursuant to Article 70 (1) and (2));
6. A person who breaches the obligation to repatriate under Article 76 (1) (including cases to which the aforementioned Article shall apply mutatis mutandis pursuant to Article 70 (1) and (2));
7. A person who fails to surrender his/her certificate of refugee status recognition or refugee travel document, in violation of Article 76-6 (1), or a person who violates an order to surrender his/her refugee travel document under Article 76-6 (2).
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 98 (Penalty Provisions)
Any of the following persons shall be punished by a fine not exceeding one million won:
1. A person who violates his/her obligation to carry or present a passport, etc. under Article 27;
2. A person who violates his/her obligation to report any change on his/her place of stay under Article 36 (1);
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
법령 이단보기
Article 99 (Persons, etc. who Attempt to Commit Crimes)
(1) A person who plans or conspires to commit a crime provided for in any provision of Articles 93-2 and 93-3, subparagraphs 1 through 5, or 18 of Article 94 or subparagraph 1 of Article 95, or a person guilty of an attempt to commit such crime shall be punished as if the person committed the respective crime. <Amended by Act No. 14106, Mar. 29, 2016>
(2) A person who aids or abets the conduct referred to in paragraph (1) shall be punished as if the person were a principal offender.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
법령 이단보기
Article 99-2 (Refugees Exempted from Punishment)
Where a person who falls under any of subparagraph 1 of Article 93-3, subparagraphs 2, 5, 6 and 15 through 17 of Article 94, or subparagraph 3 or 4 of Article 95 reports, without delay, all of the following facts directly to the head of the competent Regional Immigration Service after committing a violation, he/she shall be exempted from punishment only if such facts are proved: <Amended by Act No. 11298, Feb. 10, 2012; Act No. 12421, Mar. 18, 2014>
1. The fact that he/she is a refugee who has entered or landed in the Republic of Korea from a territory where he/she feared that his/her life, body or physical freedom might have been infringed for reasons provided for in subparagraph 1 of Article 2 of the Refugee Act;
2. The fact that he/she has committed the relevant violation due to fear referred to in subparagraph 1.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
법령 이단보기
Article 99-3 (Joint Penalty Provisions)
Where the representative of a corporation, or an agent, employee, or any other servant of the corporation or an individual commits any of the following violations in connection with the business affairs of the corporation or the individual, not only shall such violator be punished, but also the corporation or individual shall be punished by a fine under the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant affairs to prevent such violation:
1. A violation provided for in subparagraph 3 of Article 94;
2. A violation provided for in subparagraph 9 of Article 94;
3. A violation provided for in subparagraph 1 of Article 33-2, among violations provided for in subparagraph 19 of Article 94;
4. A violation provided for in subparagraph 20 of Article 94;
5. A violation provided for in subparagraph 6 of Article 95;
6. Violations provided for in subparagraphs 1 through 3 of Article 96;
7. Violations provided for in subparagraphs 4 through 6 of Article 97.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
법령 이단보기
Article 100 (Administrative Fines)
(1) Any of the following persons shall be subject to an administrative fine of not exceeding two million won: <Amended by Act No. 14106, Mar. 29, 2016>
1. A person who violates his/her duty to report under Article 19;
2. A person who violates Article 19-4 (1) or any of the subparagraphs of Article 19-4 (2);
3. A person who violates his/her duty to report under the proviso to Article 21 (1);
4. A person who negligently fails to submit an entry or departure report under Article 75 (1) (including cases to which the aforementioned paragraph shall apply mutatis mutandis pursuant to Article 70 (1) and (2)), or (2) (including cases to which the aforementioned paragraph shall apply mutatis mutandis pursuant to Article 70 (1) and (2)), or a person who submits a false report with regard to descriptions of nationality, name, gender, date of birth, and passport number on three or more occasions during the latest one year.
(2) Any of the following persons shall be subject to an administrative fine of not exceeding one million won:
1. A person who violates Article 35 or 37;
2. A person who violates Article 79;
3. A person who refuses or evades an immigration control official’s request to present books or materials under Article 81 (4).
(3) Any of the following persons shall be subject to an administrative fine not exceeding 500,000 won: <Amended by Act No. 14106, Mar. 29, 2016>
1. A person who fails to apply for issuance of an alien registration certificate, in violation of Article 33 (2);
2. A person who makes any false statement in an application or a report filed under this Act (excluding the persons who fall under subparagraph 17-2 of Article 94).
(4) Administrative fines provided for in paragraphs (1) through (3) shall be imposed and collected by the head of Regional Immigration Service, as prescribed by Presidential Decree. <Amended by Act No. 12421, Mar. 18, 2014>
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
CHAPTER XI ACCUSATION AND DISPOSITION OF NOTICE
SECTION 1 Accusation
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Article 101 (Accusation)
(1) No public prosecution may be instituted in any case regarding an immigration offender unless the head of the Regional Immigration Service lodges accusation thereof. <Amended by Act No. 12421, Mar. 18, 2014>
(2) If a criminal investigative agency, other than an immigration control official, has instigated for any case referred to in paragraph (1), the agency shall without delay transfer the case to the head of the competent Regional Immigration Service. <Amended by Act No. 12421, Mar. 18, 2014>
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
SECTION 2 Disposition of Notice
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Article 102 (Disposition of Notice)
(1) When the head of a Regional Immigration Service obtains positive evidence on a crime as a result of investigating an immigration offender, he/she may issue the immigration offender a written notice to pay an amount equivalent to a fine (hereinafter referred to as "penalty") at a designated place stating the grounds therefor. <Amended by Act No. 12421, Mar. 18, 2014>
(2) If a person in receipt of the written notice under paragraph (1) intends to pay the penalty provisionally, the head of the Regional Immigration Service may allow the person to do so. <Amended by Act No. 12421, Mar. 18, 2014>
(3) If it is deemed that the circumstances of a crime warrant sentencing to imprisonment without labor or heavier punishment as a result of an investigation, the head of the Regional Immigration Service shall immediately bring an accusation. <Amended by Act No. 12421, Mar. 18, 2014>
(4) Articles 47 through 50 shall apply mutatis mutandis to investigations of immigration offenders. In such cases, the interrogation record of suspects shall be deemed an interrogation protocol of suspects under Article 244 of the Criminal Procedure Act.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 103 (Criteria, etc. for Determination of Penalties)
(1) Criteria for the determination of penalties shall be prescribed by Ordinance of the Ministry of Justice.
(2) The Minister of Justice may exempt an immigration offender from the disposition of notice under Article 102 (1) in consideration of his/her age and background, the motive for and consequences of the offense in question, capacity to bear a penalty, and other circumstances.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 104 (Method of Making Disposition of Notice)
A disposition of notice shall be made through service of written notice.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 105 (Nonfulfillment of Disposition of Notice and Accusation)
(1) An immigration offender shall pay the penalty within 15 days from receipt of a written notice. <Amended by Act No. 14106, Mar. 29, 2016>
(2) If an immigration offender fails to pay the penalty within the period referred to in paragraph (1), the head of a Regional Immigration Service shall bring an accusation against the immigration offender: Provided, That this shall not apply where the immigration offender pays it prior to the accusation. <Amended by Act No. 12421, Mar. 18, 2014>
(3) Notwithstanding the main sentence of paragraph (2), if a written order of deportation is issued to an immigration offender, no accusation shall be brought against the immigration offender.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
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Article 106 (Prohibition against Double Jeopardy)
When an immigration offender pays the penalty as notified, he/she shall not be punished again for the same case.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 1993.
Article 2 (Transitional Measures concerning Visa Issuance Certificates, etc.)
(1) A visa issuance certificate already issued as at the time this Act enters into force shall be deemed a visa issuance certificate issued under this Act.
(2) A person who has reported a change of his/her workplace under the former provisions of Article 29 as at the time this Act enters into force shall be deemed to have obtained permission to change or add his/her workplace under this Act.
Article 3 (Transitional Measures concerning Alien Registration)
(1) Any alien registration filed with the head of a Si/Gu/Eup/Myeon pursuant to the former provisions as at the time this Act enters into force, shall be deemed filed under this Act.
(2) Any residence report certificate issued pursuant to the former provisions as at the time this Act enters into force, shall be deemed an alien registration certificate issued under this Act until the certificate is surrendered or renewed, but any residence report certificate issued pursuant to the former provisions shall be renewed when the first of each kind of permit or report related to stay is granted or filed after this Act enters into force.
(3) Any alien registration card prepared pursuant to the former provisions as at the time this Act enters into force, shall be deemed an alien registration card prepared under this Act.
Article 4 (Transitional Measures concerning Immigration Detention, etc.)
(1) Any immigration accommodation center and unit established under the former provisions as at the time this Act enters into force shall be deemed an immigration detention center and unit established under this Act.
(2) Internment under the former provisions as at the time this Act enters into force shall be deemed detention under this Act.
(3) Any detention order, departure recommendation and revocation of temporary release from detention made pursuant to the former provisions as at the time this Act enters into force shall be deemed a detention order, departure order and revocation of temporary release from detention.
Article 5 (Transitional Measures concerning Penalty Provisions)
In applying the penalty provisions to any violation committed before this Act enters into force, the former provisions shall prevail, but if the penalty provisions prescribed by this Act are lenient than those prescribed by the former Act, the provisions of this Act shall apply.
Article 6 Omitted.
ADDENDA <Act No. 4592, Dec. 10, 1993>
(1) (Enforcement Date) This Act shall enter into force on July 1, 1994.
(2) (Transitional Measures) In applying the penalty provisions to any violation committed before this Act enters into force, the former provisions shall prevail.
(3) Omitted.
ADDENDA <Act No. 4796, Dec. 22, 1994>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1995.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 5176, Dec. 12, 1996>
(1) (Enforcement Date) This Act shall enter into force on July 1, 1997.
(2) (Applicability to Landing Permits for Crew Members) The amended provisions of Article 14 (4) shall apply to the first landing permit issued to a crew member after this Act enters into force.
(3) (Transitional Measures as to Permission for Extension of Period of Stay) A person who has obtained an extension of his/her period of stay under the former provisions, as at the time this Act enters into force, shall be deemed to have obtained an extension of his/her period of stay under the amended provisions of Article 25.
ADDENDUM <Act No. 5434, Dec. 13, 1997>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 5755, Feb. 5, 1999>
This Act shall enter into force on March 1, 1999.
ADDENDUM <Act No. 6540, Dec. 29, 2001>
This Act shall enter into force three months after the date of its promulgation
ADDENDUM <Act No. 6745, Dec. 5, 2002>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 7034, Dec. 31, 2003>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 7406, Mar. 24, 2005>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions concerning seafarers’ identity documents and the exclusion of the passport function of the seaman's pocketbook among subparagraph 4 of Article 2, Articles 3, 5, 6, 7 (1), 12 (3) 1, 12-2 (1), 12-3, 14, 27 (1), 28 (1), 73 (1) 2 and 75 (4) shall enter into force on June 1, 2005.
(2) (Transitional Measures as to Seafarers’ Identity Documents) Notwithstanding the amended provisions concerning seafarers’ identity documents and the amended provisions of the exclusion of the passport function of the seaman's pocketbook, the former provisions shall govern the Korean seafarers already departed from the Republic of Korea and the alien seafarers entered the Republic of Korea as at the time this Act enters into force.
ADDENDA <Act No. 7655, Aug. 4, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 8726, Dec. 21, 2007>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Applicability to Prohibition of Departure, etc.) The amended provisions of Articles 4-2 through 4-5 shall also apply to prohibition of departure or the period of prohibition extended under the former provisions as at the time this Act enters into force.
ADDENDUM <Act No. 9142, Dec. 19, 2008>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 9847, Dec. 29, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 22 Omitted.
ADDENDA <Act No. 10282, May 14, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 12-2, 14 (7), 16-2 (3) and 38 shall enter into force three months after the date of its promulgation while the part concerning infectious patients among the amended provisions of Article 11 (1) 1 shall enter into force on December 30, 2010.
Article 2 (Special Cases concerning Fingerprinting and Photographing of Registered Aliens, etc.)
An alien staying in the Republic of Korea as at the time the amended provisions of Article 38 (1) 1 enter into force who shall be fingerprinted and photographed under the said amended provisions shall comply with a request for fingerprinting and photographing made by the head of the office or branch office having jurisdiction over his/her place of stay when he/she files for alien registration, applies for an extension of period of stay, etc. after the said amended provisions enter into force: Provided, That an alien who stays in the Republic of Korea holding the status of stay that entitles him/her to permanent residency in the Republic of Korea shall be fingerprinted and photographed at the office or branch office having jurisdiction over his/her place of stay at the time prescribed by the Minister of Justice after the said amended provisions enter into force.
Article 3 Omitted.
ADDENDA <Act No. 10465, Mar. 29, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 10545, Apr. 5, 2011>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Applicability) The amended provisions of Article 25-2 shall also apply to an alien in whose case a trial in a court, an investigation by an investigative agency or procedures for remedying an infringement of his/her right under the provisions of other Acts is proceeding as at the time this Act enters into force.
ADDENDUM <Act No. 10863, Jul. 18, 2011>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 11224, Jan. 26, 2012>
This Act shall enter into force four months after the date of its promulgation: Provided, That the amended provisions of Article 19-2, Section 2 of Chapter V (Articles 39 and 40) and Article 84 (1) shall enter into force six months after the date of their 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.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 12195, Jan. 7, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12421, Mar. 18, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 Omitted.
Article 3 (Relationship with Other Statutes)
A citation of "Immigration Control Office, its branch office or immigration detention center" under the former Immigration Act in other statutes as at the time this Act enters into force shall be deemed a citation of "Regional Immigration Service" under this Act, and "head of an Immigration Control Office, head of an office, head of a branch office, or head of an immigration detention center" under the former Immigration Act shall be deemed a citation of "head of a Regional Immigration Service" under this Act.
ADDENDA <Act No. 12600, May 20, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 12782, Oct. 15, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Reporting)
The amended provisions of this Act shall begin to apply to the first report filed by an employer of an alien pursuant to Article 19 (1) after this Act enters into force.
ADDENDA <Act No. 12893, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Notice of Decision, etc. on Prohibition of Departure)
The amended provision of Article 4-4 shall begin to apply to the first decision, etc. on prohibition of departure made after this Act enters into force.
Article 3 (Applicability to Victims of Sexual Crimes)
The amended provision of Article 25-3 shall also apply to an alien in whose case a trial in a court, an investigation by an investigative agency, or procedures for remedying an infringement of his/her right under the provisions of other Acts is proceeding as at the time this Act enters into force.
Article 4 (Transitional Measures concerning Notice of Decision, etc. on Prohibition of Departure)
Failure to give notice of a decision, etc. on prohibition of departure under the former provisions as at the time this Act enters into force shall be governed by the former provisions, notwithstanding the amended provision of Article 4-4.
ADDENDA <Act No. 12960, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 13426, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 39 Omitted.
ADDENDA <Act No. 13440, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 14106, Mar. 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Deportation)
The amended Article 46 (1) 10-2, 12-2, and 14 shall apply to aliens who violate Article 26 or 33-2 after this Act enters into force.
Article 3 (Special Cases concerning Provision of Fingerprint and Facial Data of Persons Who Has Reported Their Abodes in the Republic of Korea)
A Korean who holds a foreign nationality and who has reported his/her abode in the Republic of Korea under Article 6 of the Act on the Immigration and Legal Status of Overseas Koreans as at the time the amended Article 38 (1) 1 (b) enters into force shall provide information about his/her fingerprints and face to the head of the Regional Immigration Service having jurisdiction over his/her abode at the time specified by the Minister of Justice: Provided, That the persons who have provided information about their fingerprints and faces under the former Article 38 (1) shall be excluded herefrom.
Article 4 (Transitional Measure concerning Term of Validity of Refugee Travel Documents and Extensions)
Notwithstanding the amended Article 76-5 (2), former provisions shall apply to the term of validity of a refugee travel document issued before this Act enters into force and an extension of such term.
Article 5 (Transitional Measure concerning Administrative Fines)
Notwithstanding the amended Article 100 (3) 2, former provisions shall apply when an administrative fine shall be imposed for a violation committed before this Act enters into force.
ADDENDUM <Act No. 14585, Mar. 14, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 15159, Dec. 12, 2017>
This Act shall enter into force on the date of its promulgation.

ENFORCEMENT DECREE OF THE IMMIGRATION ACT

2-column view table
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.29163 20180921
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.28952 20180612
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.28870 20180510
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.28244 20170816
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.28211 20170726
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.27972 20170330
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.27751 20170101
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.27520 20160930
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.27303 20160705
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.26922 20160122
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.26473 20150804
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.26311 20150615
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.25669 20141028
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.24788 20131010
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.24628 20130701
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.24340 20130202
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.24213 20121202
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.24139 20121015
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.23818 20120527
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.23631 20120228
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.23620 20120205
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.23506 20120119
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.23488 20120106
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.23274 20111215
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.22483 20101115
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.22338 20100815
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.22269 20100712
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.22151 20100505
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.22127 20100423
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.21942 20091231
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.21917 20090910
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.21534 20090620
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.21377 20090331
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.21087 20081020
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.20892 20080703
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.20749 20080322
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.20674 20080229
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.20456 20071220
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.20257 20070910
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.20076 20070601
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.19904 20070304
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.19657 20060824
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.18934 20050925
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.18520 20040817
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.18312 20040317
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.18130 20031229
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.18097 20030901
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.17769 20021106
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.17579 20020418
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.17305 20010717
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.16603 19991203
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.16211 19990331
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.16120 19990301
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.15764 19980401
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.15417 19970701
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.14817 19951201
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.14486 19950101
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.14447 19941223
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.14301 19940701
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.13872 19930401
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.11456 19840701
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.10439 19810806
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.8912 19780401
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.5255 19700803
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.3499 19680703
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.3410 19680329
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.3045 19670509
ENFORCEMENT DECREE OF THE IMMIGRATION ACT No.2372 19660112
CHAPTER I DEPARTURE AND ENTRY OF NATIONALS
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Article 1 (Departure and Entry Inspections)
(1) When a national of the Republic of Korea undergoes a departure inspection under Article 3 of the Immigration Act (hereinafter referred to as the "Act") or entry inspection under Article 6 of the Act, he/she shall present his/her passport to an immigration control official and answer questions: Provided, That an immigration control official may require a national to present a departure/arrival card, along with his/her passport, in any of the following cases: <Amended by Presidential Decree No. 23274, Nov. 1, 2011; Presidential Decree No. 27520, Sep. 29, 2016>
1. Where the immigration control official is unable to obtain departure/entry records of individuals by using informatization devices, such as automatic passport readers, in conducting a departure or entry inspection;
2. Where the immigration control official conducts a departure or entry inspection at any place other than a port of entry and departure;
3. Other cases specified by Ordinance of the Ministry of Justice.
(2) When an immigration control official conducts a departure inspection or entry inspection under paragraph (1), he/she shall check a national's eligibility for departure from or entry into the Republic of Korea, and other necessary matters. <Amended by Presidential Decree No. 23274, Nov. 1, 2011>
(3) When an immigration control official completes a departure or entry inspection under paragraph (1) or (2), he/she shall place an entry or exit stamp on the passport: Provided, That the immigration control official may omit the entry or exit stamp in any of the cases determined by the Minister of Justice, such as cases where the Minister of Justice holds that the omission of such stamp will not cause any trouble to the departure or entry of nationals. <Amended by Presidential Decree No. 23274, Nov. 1, 2011; Presidential Decree No. 27520, Sep. 29, 2016>
(4) Where a national who is a crew member of a ship or such departs from or enters the Republic of Korea, an immigration control official may verify a crew member registration card or a seafarer's identity document in lieu of a departure/arrival card and the entry or exit stamp, notwithstanding the proviso to paragraph (1) and the main sentence of paragraph (3): Provided, That this shall not apply where a crew member of a ship, etc. departs from the Republic of Korea for the first time or enters the Republic of Korea for the last time. <Amended by Presidential Decree No. 23274, Nov. 1, 2011; Presidential Decree No. 27520, Sep. 29, 2016>
(5) Where a national who is a crew member of a ship, etc. departs from the Republic of Korea for the first time, he/she shall register himself/herself with the immigration authorities as a crew member: Provided, That this shall not apply where the national is a crew member of a ship, etc. operating irregularly. <Amended by Presidential Decree No. 23274, Nov. 1, 2011>
(6) Where a national liable for military service undergoes a departure inspection, the national shall submit a written confirmation attesting that he has obtained permission for overseas travel (including permission for an extension of the period) under Article 70 of the Military Service Act: Provided, That an immigration control official may allow a national liable for military service to omit the submission of a written confirmation if he/she is notified from the Commissioner of the Military Manpower Administration via an information and communications network, etc. that such national has obtained permission for overseas travel. <Amended by Presidential Decree No. 23274, Nov. 1, 2011>
(7) Deleted. <by Presidential Decree No. 18934, Jul. 5, 2005>
(8) An immigration control official shall require a national who intends to enter the Republic of Korea without a valid passport pursuant to Article 6 (2) of the Act to submit a document attesting that he/she is a national of the Republic of Korea for the entry inspection, and verify whether he/she has ever left the Republic of Korea. <Amended by Presidential Decree No. 23274, Nov. 1, 2011>
(9) When a person is identified as a national of the Republic of Korea as a result of the inspection under paragraph (8), the immigration control official shall require the person to submit a departure/arrival card. <Amended by Presidential Decree No. 23274, Nov. 1, 2011; Presidential Decree No. 27520, Sep. 29, 2016>
(10) Deleted. <by Presidential Decree No. 27520, Sep. 29, 2016>
법령 이단보기
Article 1-2 (Departure or Entry Inspections Using Informatization Devices)
(1) A national meeting all of the following requirements may undergo a departure inspection or entry inspection using an informatization device pursuant to Articles 3 (2) and 6 (3) of the Act. If a person holding a resident registration certificate has no problem in a departure or entry inspection using an informatization device in such cases, the person shall be deemed to meet the requirement referred to in subparagraph 2: <Amended by Presidential Decree No. 23274, Nov. 1, 2011; Presidential Decree No. 23506, Jan. 13, 2012; Presidential Decree No. 23631, Feb. 28, 2012; Presidential Decree No. 24551, May 31, 2013; Presidential Decree No. 25669, Oct. 28, 2014; Presidential Decree No. 27303, Jul. 5, 2016>
1. He/she shall have a valid multiple-use passport;
2. He/she shall have registered information about his/her fingerprints and a photograph of his/her face, as prescribed by Ordinance of the Ministry of Justice;
3. He/she shall not be subject to the prohibition of departure from the Republic of Korea under Article 4 (1) and (2) of the Act or the emergency prohibition of departure from the Republic of Korea under Article 4-6 (1) of the Act and shall fall under any of the following items:
(a) He/she shall be at least 14 years of age and have been registered as a resident;
(b) He/she shall be at least 7 but less than 14 years of age, have been registered as a resident, and have registered information on his/her fingerprints and a photograph of his/her face under subparagraph 2 with consent of his/her legal representative;
4. He/she shall not otherwise be subject to inspections by an immigration control official, such as cases where he/she has a passport the use of which is restricted or the surrender of which is ordered pursuant to the Passport Act.
(2) The placement of the exit and entry stamp under the main sentence of Article 1 (3) shall be omitted for a person who has undergone a departure or entry inspection pursuant to paragraph (1). <Amended by Presidential Decree No. 27520, Sep. 29, 2016>
(3) Procedures and methods for registration under paragraph (1) 2 and other relevant matters shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
법령 이단보기
Article 1-3 (Criteria for Prohibition of Departure due to Nonpayment of Fines, etc.)
(1) "Amount prescribed by Presidential Decree" in Article 4 (1) 3 of the Act means any of the following amounts: <Amended by Presidential Decree No. 23506, Jan. 13, 2012>
1. Fines: 10 million won;
2. Punitive collection charges: 20 million won.
(2) "Amount prescribed by Presidential Decree" in Article 4 (1) 4 of the Act means 50 million won. <Amended by Presidential Decree No. 23506, Jan. 13, 2012>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
법령 이단보기
Article 1-4 (Period for Prohibition of Departure)
In computing a period for prohibition of departure from the Republic of Korea under Article 4 (1) or (2) of the Act, if the period is calculated by day, the first day shall be calculated as one day with no regard to hours, and if the period is calculated by month, it shall be calculated in accordance with the calendar. In such cases, even if the last day of such period falls on a holiday or Saturday, it shall be counted in the period.
[This Article Wholly Amended by Presidential Decree No. 23506, Jan. 13, 2012]
법령 이단보기
Article 2 (Procedures for Prohibition of Departure)
(1) Where the Minister of Justice intends to prohibit a national from departing from the Republic of Korea pursuant to Article 4 (1) or (2) of the Act, he/she shall seek opinions of, or request related data from, the heads of relevant agencies. <Amended by Presidential Decree No. 23506, Jan. 13, 2012>
(2) Where the head of a central administrative agency or the head of a relevant agency prescribed by the Minister of Justice makes a request prohibiting a national’s departure from the Republic of Korea pursuant to Article 4 (3) of the Act, to the Minister of Justice, he/she shall submit a written request prohibiting the national’s departure from the Republic of Korea that contains the grounds therefor and the period during which the national’ departure from the Republic of Korea shall be prohibited, and shall be accompanied by documents prescribed by Ordinance of the Ministry of Justice, to the Minister of Justice: Provided, That a request prohibiting a national’ departure from the Republic of Korea in connection with the affairs under the jurisdiction of the head of a Si/Gun/Gu (including the head of an administrative Si established under Article 11 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City, and the head of a Gu includes the head of an autonomous Gu; hereinafter the same shall apply) shall be made by the Special Metropolitan City Mayor, the Metropolitan City Mayors or the Do Governors (including the Special Self-Governing Province Governor; hereinafter the same shall apply). <Amended by Presidential Decree No. 23506, Jan. 13, 2012; Presidential Decree No. 26922, Jan. 22, 2016>
(3) No period during which a national’s departure from the Republic of Korea shall be prohibited under the main sentence of paragraph (2) shall exceed the period prescribed under Article 4 (1) or (2) of the Act. <Amended by Presidential Decree No. 23506, Jan. 13, 2012>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 2-2 (Procedures for Extending Period for Prohibition of Departure)
(1) Where the Minister of Justice intends to extend the period for prohibition of departure from the Republic of Korea pursuant to Article 4-2 (1) of the Act, he/she shall extend such period upon setting a period within the periods provided for in Article 4 (1) or (2) of the Act. In such cases, the Minister of Justice may seek the opinions of, or request related data from, the heads of relevant agencies. <Amended by Presidential Decree No. 23506, Jan. 13, 2012>
(2) Where the head of a central administrative agency or the head of a relevant agency prescribed by the Minister of Justice that has made a request prohibiting a national’s departure from the Republic of Korea (hereinafter referred to as "head of an agency that has requested the prohibition of departure") pursuant to Article 2 (2) requests an extension of the period for prohibition of departure from the Republic of Korea pursuant to Article 4-2 (2) of the Act, he/she shall submit a written request for an extension of the period for prohibition of departure from the Republic of Korea that shall contain the grounds therefor, and the intended period of extension and be accompanied by documents prescribed by Ordinance of the Ministry of Justice, to the Minister of Justice. <Amended by Presidential Decree No. 23506, Jan. 13, 2012>
(3) No period for which the prohibition of departure can be extended under paragraph (2) shall exceed the period for prohibition of departure provided for in Article 4 (1) or (2) of the Act. <Amended by Presidential Decree No. 23506, Jan. 13, 2012>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 2-3 (Examinations of, and Decisions on, Requests for Prohibition of Departure, etc.)
(1) Upon receipt of a written request prohibiting a national’s departure from the Republic of Korea submitted under Article 2 (2), the Minister of Justice shall examine and decide whether to prohibit the national’s departure from the Republic of Korea and the period for prohibition of departure within the following periods from the date of receipt of the written request:
1. Where an emergency measure is required: Within one day;
2. Where consultations with the head of a central administrative agency and the head of a relevant agency prescribed by the Minister of Justice are deemed necessary: Within ten days;
3. Other cases: Within three days.
(2) Upon receipt of a written request for an extension of the period for prohibition of departure from the Republic of Korea submitted under Article 2-2 (2), the Minister of Justice shall examine and decide whether to grant an extension within three days from the date of receipt of the written request.
(3) Where deemed necessary to examine a request prohibiting a national’s departure from the Republic of Korea or a request for an extension of the period for prohibition of departure, the Minister of Justice may request the head of the agency that has requested the prohibition of departure to submit related data.
(4) Where the Minister of Justice decides to reject a request prohibiting a national’s departure from the Republic of Korea or a request for an extension of the period for prohibition of departure as a result of the examination under paragraphs (1) and (2), he/she shall notify the head of an agency that has requested the prohibition of departure of such decision, specifying the explicit grounds therefor.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 3 (Procedures for Revoking Prohibition of Departure)
(1) Where the Minister of Justice intends to revoke prohibition of departure pursuant to Article 4-3 (1) of the Act, he/she may seek opinions of or request related data from the head of the relevant agency or the head of the agency that has requested the prohibition of departure, in order to determine whether the grounds for such prohibition of departure have ceased to existor prohibition of departure is necessary: Provided, That the Minister of Justice shall immediately revoke the prohibition of departure where it is evident that the grounds for such prohibition of departure have ceased to exist or prohibition of departure is unnecessary.
(2) Upon revoking the prohibition of departure pursuant to paragraph (1), the Minister of Justice shall without delay notify the head of the agency that has requested the prohibition of departure of such revocation, specifying the explicit grounds therefor: Provided, That the Minister of Justice need not notify the head of the said agency of such revocation where it is confirmed that the passport of a person prohibited from departing from the Republic of Korea has been surrendered or seized.
(3) Where the head of an agency that has requested the prohibition of departure intends to request revocation of the prohibition of departure pursuant to Article 4-3 (2) of the Act, he/she shall prepare a written request for revocation of the prohibition of departure and submit it to the Minister of Justice.
(4) Upon receipt of a written request for revocation of the prohibition of departure submitted under paragraph (3), the Minister of Justice shall without delay examine and decide whether to revoke such prohibition.
(5) Where the Minister of Justice decides not to revoke the prohibition of departure as a result of the examination under paragraph (4), he/she shall without delay notify the head of the agency that has requested the prohibition of departure of such decision, specifying the explicit grounds therefor.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 3-2 (Preparation and Management of Book of Requests for Prohibition of Departure)
The head of every agency that has requested prohibition of departure shall keep a book of requests for prohibition of departure that contains requests for prohibition of departure and changes related thereto, including requests for extensions of the period for prohibition of departure, requests for revocation of such prohibition, and the revocation thereof.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 3-3 (Exclusion from Written Notice of Decisions, etc. on Prohibition of Departure)
(1) Where the head of an agency that has requested the prohibition of departure from the Republic of Korea requests the prohibition of departure from the Republic of Korea pursuant to Article 4 (3) of the Act or an extension of the period for prohibition of departure from the Republic of Korea pursuant to Article 4-2 (2) of the Act, he/she shall request the Minister of Justice not to give written notice under Article 4-4 (1) of the Act if he/she deems the relevant person falls under any subparagraph of Article 4-4 (3) of the Act. <Amended by Presidential Decree No. 23506, Jan. 13, 2012>
(2) Where the Minister of Justice examines and decides on a request for prohibition of departure or request for an extension of the period for prohibition of departure, he/she shall also examine and decide on a request for exclusion of written notice under paragraph (1).
(3) Except as otherwise provided for in paragraphs (1) and (2), detailed matters necessary for methods and procedures for exclusion of written notice of decisions, etc. on prohibition of departure shall be prescribed by Ordinance of the Ministry of Justice. <Newly Inserted by Presidential Decree No. 23506, Jan. 13, 2012>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 3-4 (Examinations of and Decisions on Objections)
(1) Where the Minister of Justice deems it necessary for examining and deciding on an objection filed under Article 4-5 (2) of the Act, he/she may request a person who has filed the objection or the head of an agency that has requested the prohibition of departure to submit necessary documents or state his/her opinion.
(2) Where the Minister of Justice examines and decides on an objection pursuant to Article 4-5 (2) of the Act, he/she shall notify a person who has filed the objection or the head of an agency that has requested the prohibition of departure of the decision.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 4 Deleted. <by Presidential Decree No. 21087, Oct. 20, 2008>
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Article 5 (Management of Data on Persons Prohibited from Departing from the Republic of Korea)
Pursuant to the procedures for information-processing work, the Minister of Justice shall without delay manage data on persons whom he/she has decided to prohibit from leaving the Republic of Korea pursuant to Article 4 of the Act and persons on whom he/she has placed the emergency prohibition of departure from the Republic of Korea or he/she has granted approval for the emergency prohibition of departure from the Republic of Korea pursuant to Article 4-6 of the Act. The same shall also apply where the Minister of Justice revokes the prohibition of departure or the emergency prohibition of departure. <Amended by Presidential Decree No. 23506, Jan. 13, 2012>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 5-2 (Procedures for Emergency Prohibition of Departure)
(1) The head of an investigative agency who intends to request prohibition of departure (hereinafter referred to as "emergency prohibition of departure”) under Article 4-6 (1) of the Act shall submit, to an immigration control official, a written request for emergency prohibition of departure that shall contain the grounds therefor and the intended period for prohibition of departure and be accompanied by documents prescribed by Ordinance of the Ministry of Justice.
(2) If necessary to conduct affairs related to emergency prohibition of departure, an immigration control official may seek the opinion of or request related data from the head of an investigative agency that has requested the emergency prohibition of departure.
(3) The Minister of Justice may designate public officials exclusively in charge of affairs related to emergency prohibition of departure from among immigration control officials.
[This Article Newly Inserted by Presidential Decree No. 23506, Jan. 13, 2012]
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Article 5-3 (Procedures for Approval for Emergency Prohibition of Departure)
(1) When the head of an investigative agency that has requested emergency prohibition of departure requests approval for such emergency prohibition of departure pursuant to Article 4-6 (3) of the Act, he/she shall submit, to the Minister of Justice, a written request for approval for the emergency prohibition of departure that shall be accompanied by documents prescribed by Ordinance of the Ministry of Justice, such as a written direction of investigation and a report on the emergency prohibition of departure.
(2) Upon receipt of a request for approval for emergency prohibition of departure pursuant to paragraph (1), the Minister of Justice shall examine and decide whether to approve such emergency prohibition of departure and a period for the prohibition of departure from the Republic of Korea.
(3) If necessary for examining and deciding on a request under paragraph (2), the Minister of Justice may seek the opinion of or request related data from the head of the investigative agency that has requested approval.
(4) When the Minister of Justice decides not to approve the emergency prohibition of departure, he/she shall notify the head of the investigative agency that has requested approval for the emergency prohibition of departure of such decision, specifying the explicit grounds therefor.
(5) Where the Minister of Justice approves the emergency prohibition of departure, Articles 2-2, 2-3 (2) through (4), 3, 3-3 and 3-4 shall apply mutatis mutandis to requests for, examinations of, and decisions on extensions of the period for prohibition of departure, procedures for revoking the prohibition of departure, exclusion of written notice of decisions, etc. on the prohibition of departure, examinations of or decisions on objections. In such cases, the period for prohibition of departure shall be calculated from the time the emergency prohibition of departure is placed.
[This Article Newly Inserted by Presidential Decree No. 23506, Jan. 13, 2012]
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Article 5-4 (Preparation and Management of Book of Requests for Emergency Prohibition of Departure)
The head of every investigative agency that has requested the emergency prohibition of departure shall keep a book of requests for the emergency prohibition of departure that shall contain requests for the emergency prohibition of departure, approval therefor or changes, such as requests for the revocation thereof, extensions of the period or the revocation of such extensions.
[This Article Newly Inserted by Presidential Decree No. 23506, Jan. 13, 2012]
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Article 6 (Custody and Notification of Passports)
(1) When an immigration control official takes custody of a passport or a seafarer's identity document under Article 5 of the Act, he/she shall notify the holder of the passport or seafarer's identity document of the ground therefor and may notify the head of an issuing agency of such fact. <Amended by Presidential Decree No. 26311, Jun. 15, 2015; Presidential Decree No. 27520, Sep. 29, 2016>
(2) In either of the following cases, the Head of an Immigration Office (hereinafter referred to as the “Head of an Immigration Office”), the head of an immigration office (hereinafter referred to as "head of an office"), or the head of a branch office of an Immigration Office or the head of an immigration branch office (hereinafter referred to as "head of a branch office") may send a passport or a seafarer's identity document in his/her custody under Article 5 of the Act to the head of a requesting agency or issuing agency: <Amended by Presidential Decree No. 26311, Jun. 15, 2015; Presidential Decree No. 27520, Sep. 29, 2016; Presidential Decree No. 28870, May 8, 2018>
1. Where requested to submit by the head of an investigative agency for investigations;
2. Where requested by the head of the issuing agency.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
CHAPTER II ENTRY AND LANDING OF ALIENS
SECTION 1 Entry of Aliens
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Article 7 (Issuance of Visas)
(1) An alien who intends to obtain a visa pursuant to Article 7 (1) of the Act shall submit a visa application accompanied by documents prescribed by Ordinance of the Ministry of Justice, to the head of an overseas diplomatic mission.
(2) Where an alien submits a visa application pursuant to paragraph (1), the head of an overseas diplomatic mission shall issue a visa to the alien, as prescribed by Ordinance of the Ministry of Justice. In such cases, the visa shall contain necessary matters, such as the status and period of stay under Article 12.
(3) Where the head of an overseas diplomatic mission issues a visa pursuant to paragraph (2), he/she may use electronic communication media. <Newly Inserted by Presidential Decree No. 29163, Sep. 18, 2018>
(4) When the Minister of Justice deems it necessary for issuing a visa, he/she may require an alien intending to apply for a visa to submit a letter of recommendation issued by the head of the related central administrative agency, or may seek the opinion of such head. <Amended by Presidential Decree No. 29163, Sep. 18, 2018>
(5) Criteria for the issuance of letters of recommendation under paragraph (4) shall be separately prescribed by the head of the related central administrative agency in consultation with the Minister of Justice. <Amended by Presidential Decree No. 29163, Sep. 18, 2018>
(6) Where the Minister of Justice issues a visa allowing its holder to engage in job-seeking activities, he/she shall consider the domestic employment situation. <Amended by Presidential Decree No. 29163, Sep. 18, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 7-2 (Online Applications, etc. for Issuance of Visas)
(1) The Minister of Justice may establish and operate an information and communications network for online applications for visas under Article 7 (1) of the Act or visa issuance certificates under Article 9 (1) of the Act (hereinafter referred to as "visa, etc.").
(2) A person who intends to apply for a visa, etc. via the information and communications network established under paragraph (1) may submit an application and documents prescribed by Ordinance of the Ministry of Justice via online service.
(3) A person who intends to apply for a visa, etc. via the information and communications network pursuant to paragraph (2) shall first complete user registration.
(4) Where an alien prescribed by Ordinance of the Ministry of Justice submits a visa application under Article 7 (1) of the Act via online service pursuant to paragraph (2), the Minister of Justice may issue a visa to the alien via online service. <Newly Inserted by Presidential Decree No. 24139, Oct. 15, 2012>
(5) A person who intends to invite an alien may apply for a visa issued via online service (hereinafter referred to as "electronic visa") pursuant to paragraph (4) and pay a fee for the issuance thereof on behalf of the alien. <Newly Inserted by Presidential Decree No. 24139, Oct. 15, 2012>
(6) Detailed matters necessary for the establishment and operation of the information and communications network referred to in paragraph (1), application forms for the issuance of visas, etc. via online service under paragraph (2) and the issuance, etc. of electronic visas under paragraph (4) shall be prescribed by the Minister of Justice. <Amended by Presidential Decree No. 24139, Oct. 15, 2012>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 7-3 (Group Electronic Visa)
(1) The Minister of Justice may issue electronic visas, where group tourists meeting the requirements determined by him/her, such as where they amount to not less than a certain number, apply for the issuance of visas through the information and communication network under Article 7-2 (1).
(2) A corporation, organization, etc. meeting the requirements prescribed by the Minister of Justice, such as the record of attracting group tourists and the size of such corporation, organization, etc., may vicariously conduct affairs for applying for electronic visas issued to group tourists pursuant to paragraph (1) (hereinafter referred to as “group electronic visas”).
(3) The Minister of Justice shall make public the corporations and organizations permitted to vicariously conduct affairs for applying for group electronic visas pursuant to paragraph (2) and the scope of such affairs on the website.
[This Article Newly Inserted by Presidential Decree No. 29163, Sep. 18, 2018]
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Article 8 (Entry Permission for International Friendship, etc.)
(1) An alien who may enter the Republic of Korea without a visa pursuant to Article 7 (2) 3 of the Act shall be as follows:
1. A person who intends to enter the Republic of Korea without a visa due to inevitable circumstances, to conduct the affairs of a foreign government or international organization;
2. A person who intends to enter the Republic of Korea for tourism or transit purpose within the period prescribed by Ordinance of the Ministry of Justice;
3. Other persons whose entry into the Republic of Korea is deemed necessary by the Minister of Justice for the national interest, etc.
(2) Procedures for granting entry permission to aliens who may enter the Republic of Korea without a visa pursuant to Article 7 (2) 3 of the Act shall be prescribed by Ordinance of the Ministry of Justice.
(3) The specific scope of aliens who may enter the Republic of Korea without a visa pursuant to Article 7 (2) 3 of the Act shall be separately prescribed by the Minister of Justice in consideration of national and social security or orderly stay of aliens.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 9 (Temporary Suspension of Application of Visa Exemption Agreements)
(1) The Minister of Justice shall consult with the Minister of Foreign Affairs before temporarily suspending the application of the Visa Exemption Agreement pursuant to Article 7 (3) of the Act. <Amended by Presidential Decree No. 24415, Mar. 23, 2013>
(2) Where the Minister of Justice decides to temporarily suspend the application of the Visa Exemption Agreement pursuant to paragraph (1), he/she shall without delay notify the relevant country of such decision via the Minister of Foreign Affairs. <Amended by Presidential Decree No. 24415, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 10 (Issuance of Alien Entry Permits)
(1) Upon designating a country in consultation with the Minister of Foreign Affairs pursuant to Article 7 (4) of the Act, he/she shall, without delay, notify the head of an overseas diplomatic mission, the Head of an Office, the head of an office or the head of a branch office of such designation. <Amended by Presidential Decree No. 24415, Mar. 23, 2013; Presidential Decree No. 28870, May 8, 2018>
(2) A person who intends to obtain an alien entry permit pursuant to Article 7 (4) of the Act shall submit a visa application accompanied by documents prescribed by Ordinance of the Ministry of Justice to the head of an overseas diplomatic mission, the Head of an Office, the head of an office or the head of a branch office. <Amended by Presidential Decree No. 28870, May 8, 2018>
(3) The head of an overseas diplomatic mission, the Head of an Office, the head of an office or the head of a branch office shall issue an alien entry permit to an alien who has applied for such entry permit under paragraph (2), as prescribed by Ordinance of the Ministry of Justice. In such cases, the alien entry permit shall contain the status of stay, period of stay, workplace, etc. <Amended by Presidential Decree No. 28870, May 8, 2018>
(4) The period of validity of an alien entry permit shall be three months, and it shall be valid for only one-time entry into the Republic of Korea: Provided, That a person who is eligible for one of the status of stay for 1. Diplomat (A-1) through 3. International Agreements (A-3) in attached Table 1-2 and intends to enter the Republic of Korea to be stationed therein shall be granted an entry permit valid for a period of three years and multiple-entries. <Amended by Presidential Decree Presidential Decree No. 29163, Sep. 18, 2018>
(5) When an alien who has entered the Republic of Korea with an alien entry permit granted under paragraph (3) departs from the Republic of Korea, an immigration control official shall collect the alien entry permit: Provided, That the immigration control official shall collect an alien entry permit from an alien at his/her final departure from the Republic of Korea where the alien entered the Republic of Korea with the entry permit granted under the proviso of paragraph (4). <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 11 (Delegation of Authority to Issue Visas)
(1) Pursuant to Article 8 (2) of the Act, the Minister of Justice shall delegate to the head of an overseas diplomatic mission, his/her authority to issue visas to persons eligible for the status of stay for 1. Diplomat (A-1) through 3. International Agreements (A-3) in attached Table 1-2. <Amended by residential Decree No. 29163, Sep. 18, 2018>
(2) Pursuant to Article 8 (2) of the Act, the Minister of Justice shall delegate to the head of an overseas diplomatic mission, his/her authority to issue visas (excluding his/her authority to issue electronic visas) to persons eligible for the status of stay for 3. Short-Term News Coverage (C-1) through 5. Short-Term Employment (C-4) in attached Table 1, 4. Culture and Arts (D-1) through 30. Others (G-1) in attached Table 1-2, or Permanent Resident (F-5) in attached Table 1-3, upon prescribing the scope therefor by Ordinance of the Ministry of Justice. <Amended by Presidential Decree No. 24139, Oct. 15, 2012; Presidential Decree No. 29163, Sep. 18, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 11-2 (Period of retention of Visa Applications)
(1) The head of an overseas diplomatic mission shall retain every application for a visa submitted by an applicant to examine the issuance of the visa for a period of three years: Provided, That the period of preservation of the following documents shall be one year: <Amended by Presidential Decree No. 29163, Sep. 18, 2018>
1. Visa applications prescribed by Ordinance of the Ministry of Justice;
2. Applications related to visa issuance by using a visa issuance certificate;
3. Other documents recognized by the Minister of Justice which are applications for visa issuance stored in the information and communications network designated by that Minister.
(2) A period of retention of an application for a visa under paragraph (1) shall be counted from January 1 of the year following the year in which the processing of such application is completed.
[This Article Newly Inserted by Presidential Decree No. 24551, May 31, 2013]
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Article 12 (Status of General Stay)
Types of the status of short-term stay under Article 10-2 (1) 1 of the Act, and types of the status of long-term stay and persons falling under each type of status of stay or scopes of activities by type of status of stay under subparagraph 2 of the same paragraph, are as specified in attached Tables 1 and 2, respectively.
[This Article Wholly Amended by Presidential Decree No. 29163, Sep. 18, 2018]
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Article 12-2 (Requirements for Status of Permanent Residency)
(1) “Persons eligible for the status of permanent residency prescribed by Presidential Decree” referred to in the main sentence of Article 10-3 (2) of the Act, with the exception of its subparagraphs, means those falling under attached Table 1-3.
(2) “Persons prescribed by Presidential Decree, such as those rendering distinguished services to the Republic of Korea, those with excellent capabilities in any specific field including science, management, education, culture and arts, and athletics, and those making investment of a certain amount or more in the Republic of Korea” referred to in Article 10-3 (3) of the Act means any of the following persons:
1. A person falling under any of subparagraphs 3, 9, 10 and 14 through 16 of attached Table 1-3;
2. A person deemed by the Minister of Justice to have a special reason to be wholly or partially released or exempted from the requirements under Article 10-3 (2) 2 and 3 of the Act, in light of national interests or humanitarianism.
(3) The Minister of Justice may release or exempt the requirements referred to in Article 10-3 (2) 2 or 3 of the Act, as prescribed in the following subparagraphs. In such cases, the Minister of Justice shall determine and publicly announce standards for such release or exemption:
1. A person falling under paragraph (2) 1: Release or exemption from the requirements referred to in Article 10-3 (2) 2 or 3 of the Act, considering the degree or possibility of his/her contribution to the society of the Republic of Korea, his/her investment amount therein, etc.;
2. A person falling under paragraph (2) 2: Release or exemption from the requirements referred to in Article 10-3 (2) 2 or 3 of the Act, considering the degree of his/her contribution to the society of the Republic of Korea, his/her ties therewith, humanitarian reasons, etc.
[This Article Newly Inserted by Presidential Decree No. 29163, Sep. 18, 2018]
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Article 13 (Management of Data on Persons Prohibited from Entering the Republic of Korea)
The Minister of Justice shall without delay manage data on persons whom he/she has decided to prohibit from entering the Republic of Korea pursuant to Article 11 of the Act pursuant to procedures for information-processing work. The same shall also apply where the Minister of Justice revokes the prohibition of entry into the Republic of Korea.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 14 (Requests for and Revocation of Prohibition of Entry)
(1) The head of a central administrative agency or the head of a relevant agency prescribed by the Minister of Justice may request the Minister of Justice to prohibit or refuse the entry of an alien deemed to fall under grounds for the prohibition of entry into the Republic of Korea referred to in Article 11 (1) of the Act or for the refusal of entry into the Republic of Korea referred to in paragraph (2) of the same Article in relation to his/her duties: Provided, That a request prohibiting an alien from entering the Republic of Korea in relation to the duties of the head of a Si/Gun/Gu shall be made by the Special Metropolitan City Mayor, a Metropolitan City Mayor or a Do Governor.
(2) Articles 2 (2), 2-2 (2), and 2-3 (3) and (4) shall apply mutatis mutandis to procedures for requesting the prohibition or refusal of entry into the Republic of Korea under paragraph (1): Provided, That such provisions shall not apply to matters concerning the intended period for prohibition or refusal of entry into the Republic of Korea.
(3) The head of an agency that has requested prohibition or refusal of entry into the Republic of Korea shall without delay request the Minister of Justice to revoke such prohibition or refusal of entry into the Republic of Korea when the grounds therefor have ceased to exist.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 15 (Entry Inspections)
(1) An alien who undergoes an entry inspection under Article 12 (1) of the Act shall present his/her passport and entry card to the immigration control official and answer questions: Provided, That the presentation of an entry card may be omitted in any of the following cases: <Amended by Presidential Decree No. 27520, Sep. 29, 2016>
1. Where an alien's registration under Article 31 of the Act is valid;
2. Where an alien's report on the place of residence in the Republic of Korea under Article 6 of the Act on the Immigration and Legal Status of Overseas Koreans is valid;
3. Other cases determined by the Minister of Justice.
(2) When an immigration control official conducts an entry inspection under paragraph (1), he/she shall check an alien’s eligibility for entry into the Republic of Korea and other necessary matters. <Newly Inserted by Presidential Decree No. 27520, Sep. 29, 2016>
(3) When an immigration control official completes an entry inspection under paragraphs (1) and (2), he/she shall place the entry stamp on a passport presented. In such cases, the permitted status of stay and the period of stay shall be stated in the entry stamp. <Newly Inserted by Presidential Decree No. 27520, Sep. 29, 2016>
(4) An alien meeting all of the following requirements may undergo an entry inspection using informatization devices pursuant to Article 12 (2) of the Act. In such cases, where an alien who has provided information about his/her fingerprints and face pursuant to Article 38 (1) 1 of the Act has no problem in undergoing an entry inspection by using informatization devices, the alien shall be deemed to meet the requirement under subparagraph 2: <Amended by Presidential Decree No. 23631, Feb. 28, 2012; Presidential Decree No. 24551, May 31, 2013; Presidential Decree No. 27520, Sep. 29, 2016>
1. An alien shall be at least 17 years of age and shall fall under any of the following categories:
(a) The alien shall be either of the following persons:
(i) A person whose alien registration under Article 31 of the Act is valid;
(ii) A person whose report on the place of residence in the Republic of Korea under Article 6 of the Act on the Immigration and Legal Status of Overseas Koreans is valid;
(b) The alien shall be a person identified by the Minister of Justice as a national of a country with which the Republic of Korea has a valid memorandum of understanding, agreement, etc. or has agreed in any other manner to conduct entry and departure inspections by using informatization devices mutually;
(c) The alien shall be a person whom the Minister of Justice identifies as a person required to undergo an entry inspection by informatization devices on any other ground;
2. An alien shall have been fingerprinted, and his/her face shall have been photographed, as prescribed by Ordinance of the Ministry of Justice;
3. An alien shall satisfy other requirements prescribed and publicly notified by the Minister of Justice.
(5) The presentation of an entry card under the main sentence of paragraph (1) and the placement of an entry stamp under paragraph (3) shall be omitted for an alien who has undergone an entry inspection under paragraph (4). <Amended by Presidential Decree No. 27520, Sep. 29, 2016>
(6) Where an immigration control official decides not to permit the entry of an alien into the Republic of Korea pursuant to Articles 12 (4) and 12-2 (2) of the Act and where he/she deems the case important, he/she shall without delay report such case to the Minister of Justice.
(7) Where an immigration control official permits the entry of an alien eligible under Article 7 (2) 2 of the Act into the Republic of Korea, he/she shall place an entry stamp under paragraph (3) in the alien’s passport and enter the status and period of stay prescribed in 1. Visa Exempted (B-1) in attached Table 1: Provided, That where the immigration control official permits the entry of an alien intending to reside in the Republic of Korea, who is subject to the Visa Exemption Agreement for diplomats and government officials, into the Republic of Korea, he/she shall enter the status and period of stay prescribed in 1. Diplomat (A-1) or 2. Foreign Government Official (A-2) in attached Table 1-2. <Amended by Presidential Decree No. 27520, Sep. 29, 2016; Presidential Decree No. 29163, Sep. 18, 2018>
(8) Where an alien who undergoes an entry inspection has a visa in which the classification of a visa, the status of stay, the period of stay, etc. are clearly erroneous, an immigration control official may permit the alien to enter the Republic of Korea after correcting the details of such visa, as prescribed by Ordinance of the Ministry of Justice. <Amended by Presidential Decree No. 28952, Jun. 12, 2018>
(9) Article 6 (1) (excluding notification to the head of an issuing agency) and (2) shall apply mutatis mutandis to the custody of forged or altered passports and seafarers' identity documents under Article 12-4 (1) of the Act and procedures for the notification thereof. <Amended by Presidential Decree No. 26311, Jun. 15, 2015; Presidential Decree No. 27520, Sep. 29, 2016>
(10) Article 1 (4) shall apply mutatis mutandis to procedures for entry of alien crew members employed in a ship, etc. of the Republic of Korea.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 15-2 (Exemption from Obligations to Be Fingerprinted and Photographed)
(1) "Person prescribed by Presidential Decree" in Article 12-2 (1) 3 of the Act means any of the following persons: <Amended by residential Decree No. 29163, Sep. 18, 2018>
1. A person deemed by the Minister of Justice as needing to be exempted from the obligation to be fingerprinted and photographed at the request of the head of a central administrative agency among any of the following aliens:
(a) A former or incumbent head of a State, minister or the equivalent high-ranking public official who intends to enter the Republic of Korea for the promotion of international friendship;
(b) A renowned person in the field of education, science, culture, arts, sports, etc.;
(c) A person whose entry is deemed necessary for the promotion of economic activities, such as investment delegation;
2. A person who falls under status of stay for 3. International Agreements (A-3) in attached Table 1-2;
3. Any other person deemed by the Minister of Justice as needing to be exempted from the obligation to be fingerprinted and photographed, in consideration of the national interest, etc. of the Republic of Korea.
(2) Where the head of a central administrative agency intends to make a request in order to exempt an alien from the obligation to be fingerprinted and photographed pursuant to paragraph (1) 1, he/she shall verify the identity of the alien and submit the grounds for such request, the scheduled date of entry into and departure from the Republic of Korea, etc. to the Minister of Justice by no later than 24 hours before his/her entry into the Republic of Korea.
(3) Upon receipt of a request under paragraph (2), the Minister of Justice shall without delay examine and decide whether to exempt the relevant alien from the obligation to be fingerprinted and photographed.
(4) Where the Minister of Justice decides not to exempt the relevant alien from the obligation to be fingerprinted and photographed as a result of the examination under paragraph (3), he/she shall notify the head of a requesting agency of such decision, specifying the explicit grounds therefor.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 16 (Conditional Entry Permission)
(1) The Head of an Office, the head of an office or the head of a branch office may set the period of permission for up to 72 hours upon granting conditional entry permission to an alien pursuant to Article 13 (1) of the Act. <Amended by Presidential Decree No. 28870, May 8, 2018>
(2) When an alien granted conditional entry permission fails to meet or unlikely to meet the conditions within the period of such permission due to extenuating circumstances, the Head of an Office, the head of an office or the head of a branch office may extend the period of such conditional entry permission by up to the period of permission initially set under paragraph (1). <Amended by Presidential Decree No. 28870, May 8, 2018>
(3) When an immigration control official deems that an alien granted conditional entry permission meets the requirements referred to in Article 12 (3) of the Act within the period of such permission, he/she shall conduct an entry inspection pursuant to Article 15 (1) through (3). In such cases, the date of entry into the Republic of Korea shall be the date of the conditional entry permission. <Amended by Presidential Decree No. 27520, Sep. 29, 2016>
(4) When an immigration control official conducts an entry inspection pursuant to paragraph (3), he/she shall require the relevant alien to surrender the conditional entry permit.
(5) When an alien granted conditional entry permission leaves the Republic of Korea without undergoing an entry inspection under paragraph (3), an immigration control official shall require the relevant alien to surrender the conditional entry permit.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 17 (Deposit and Return of Bonds, and Procedures for Transfer of such Bonds to National Treasury)
(1) When the Head of an Office, the head of an office or the head of a branch office requires an alien to deposit a bond pursuant to Article 13 (2) of the Act, he/she shall set the amount of the bond in consideration of money in hand, the purpose of entry into the Republic of Korea, expenses for stay, and other circumstances of the alien. <Amended by Presidential Decree No. 28870, May 8, 2018>
(2) When the Head of an Office, the head of an office or the head of a branch office receives a bond deposited under paragraph (1), he/she shall inform the alien of the intent that such bond may be transferred to the fund of the National Treasury where he/she violates any of the conditions imposed under Article 13 (2) of the Act, and procedures for the deposit, payment, etc. of bonds shall follow the procedures for managing the money under the Government’s custody. <Amended by Presidential Decree No. 28870, May 8, 2018>
(3) A bond deposited by an alien under paragraph (1) shall be returned to the alien when he/she undergoes an entry inspection pursuant to Article 16 (3), or when he/she leaves the Republic of Korea due to his/her failure to meet any of the requirements referred to in the subparagraphs of Article 12 (3) of the Act within the period of permission. <Amended by Presidential Decree No. 28870, May 8, 2018>
(4) When an alien granted conditional entry permission has fled or fails, without good cause, to comply with a request to appear on at least two occasions, the Head of an Office, the head of an office or the head of a branch office may fully transfer the bond to the fund of the National Treasury, and when the alien violates any term or condition of the permission on other grounds, the head of an office or the head of a branch office may partially transfer the bond to the fund of the National Treasury. <Amended by Presidential Decree No. 28870, May 8, 2018>
(5) Where the Head of an Office, the head of an office or the head of a branch office decides to transfer a bond to the fund of the National Treasury pursuant to paragraph (4), he/she shall issue a notice of transfer of the bond to the fund of the National Treasury, stating the grounds for such decision, the amount of the bond transferred to the fund of the National Treasury and other relevant matters. <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
SECTION 2 Landing of Aliens
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Article 18 (Landing Permission for Crew Members)
(1) To apply for landing permission for an alien crew member pursuant to Article 14 (1) of the Act, an application for landing permission shall be submitted (including submission via the Integrated National Logistics Information Center established under Article 30-2 (1) of the Framework Act on Logistics Policies) to an immigration control official. <Amended by Presidential Decree No. 24213, Nov. 30, 2012>
(2) "Document prescribed by Presidential Decree" in the main sentence of Article 14 (2) 2 of the Act means a written confirmation of scheduled boarding or an electronic document containing the fact that the alien crew member is scheduled to enter the Republic of Korea.
(3) An application for landing permission for an alien crew member submitted under paragraph (1) to transfer the alien crew member to another ship, etc. or land at any other port of entry and departure in the Republic of Korea pursuant to Article 14 (6) of the Act shall be accompanied by materials explaining the grounds therefor.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 18-2 (Multiple Landing Permission for Crew Members)
(1) When an immigration control official grants landing permission to an alien crew member of a ship, etc. which regularly plies or frequently enters or leaves a port of the Republic of Korea pursuant to Article 14 (1) of the Act, he/she may grant multiple landing permission that enables the alien crew member to land at least twice within the period of validity of such permission.
(2) When granting permission under paragraph (1), an immigration control official shall issue a multiple crewman’s landing permit, which is valid for a period of one year with the permitted period for landing of up to 15 days.
(3) Specific criteria for granting multiple landing permission for crew members under paragraph (1) shall be separately prescribed by the Minister of Justice.
(4) Article 18 (1) shall apply mutatis mutandis to cases falling under paragraph (1).
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 18-3 (Criteria for Landing Permission for Tourism)
(1) The captain of a ship or the forwarding agent that applies for landing permission for alien passengers on board the passenger ship making a tour and operating internationally in the seas of the Republic of Korea and foreign countries for the purpose of tourism pursuant to Article 14-2 (1) of the Act after reviewing whether alien passengers meet the criteria provided for in paragraph (2).
(2) An immigration control official shall consider the following matters when granting landing permission for tourism: <Amended by Presidential Decree No. 26922, Jan. 22, 2016>
1. Whether an alien passenger holds his/her valid passport;
2. Whether an alien passenger plans to depart from the Republic of Korea after he/she left a ship for the purpose of tourism and returned to the ship he/she left at the port of call he/she left the ship;
3. Whether an alien passenger falls any of the following and is prescribed by the Minister of Justice:
(a) A person who may enter the Republic of Korea without a visa under the Visa Exemption Agreement, etc.;
(b) A person who intends to stay in Jeju Special Self-Governing Province after entering Jeju Special Self-Governing Province without a visa pursuant to Article 197 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City;
(c) A national of a country that has entered into an agreement on the mutual attraction of group tourists or has agreed otherwise with the Republic of Korea;
(d) A person to whom it is necessary to grant landing permission for tourism in accordance with items (a) through (c);
4. Whether an alien passenger meets other requirements prescribed by the Minister of Justice in consideration of the national interest, such as promoting international friendship and tourism.
(3) In any of the following circumstances, no immigration control official shall grant landing permission for tourism:
1. Where an alien passenger is subject to prohibition or refusal of entry into the Republic of Korea under Article 11 of the Act;
2. Where the captain of a ship or the forwarding agent is deemed to have failed in managing alien passengers conscientiously considering that the rate of no return to the ship of alien passengers for whom the captain of the ship or the forwarding agent obtained landing permission for tourism in the past surpassed the threshold prescribed by the Minister of Justice;
3. Where the Minister of Justice deems it necessary not to grant landing permission for tourism in consideration of border controls for the security of the Republic of Korea, the necessity of the management of stay, etc.
(4) Landing permission for tourism becomes void immediately after a ship that alien passengers left departs from the port. The same shall also apply where a period of landing permission is extended.
(5) Paragraphs (2) and (3) shall apply mutatis mutandis to criteria for extension of the period of landing permission pursuant to Article 14-2 (3) of the Act.
[This Article Newly Inserted by Presidential Decree No. 23818, May 25, 2012]
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Article 18-4 (Procedures for Landing Permission for Tourism)
(1) When the captain of a ship or the forwarding agent applies for landing permission for tourism pursuant to Article 14-2 (1) of the Act, he/she shall submit an application for landing permission for tourism and documents referred to in the subparagraphs of Article 14-2 (2) of the Act to an immigration control official.
(2) Where an immigration control official issues a landing permit for tourism pursuant to Article 14-2 (3) of the Act, he/she may issue a landing permit for group tourism in consideration of the sameness of travel itinerary of alien passengers in the Republic of Korea.
(3) Except as otherwise provided for in paragraphs (1) and (2), detailed matters regarding the procedures for landing permission for tourism shall be prescribed by the Minister of Justice.
[This Article Newly Inserted by Presidential Decree No. 23818, May 25, 2012]
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Article 19 (Emergency Landing Permission)
When the captain of a ship, etc. or a forwarding agent applies for emergency landing permission for an alien on board the ship, etc. pursuant to Article 15 (1) of the Act, he/she shall submit an application for landing permission that shall be accompanied by documents explaining the grounds therefor to an immigration control official.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 20 (Landing Permission in Distress)
When the captain of a ship, etc., a forwarding agent, a person conducting rescue operations, the captain of a ship, etc. that has rescued an alien etc. applies for landing permission in distress pursuant to Article 16 (1) of the Act, he/she shall submit an application for landing permission that shall be accompanied by an accident report that contains the name of the ship, etc. in distress, the place where the accident has occurred, the date and time the accident has occurred, and the grounds therefor, to the Head of an Office, the head of an office or the head of a branch office. <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 20-2 (Temporary Landing Permission for Refugees)
(1) When an alien on board of a ship, etc. applies for temporary landing permission for refugees pursuant to Article 16-2 (1) of the Act, he/she shall submit an application for temporary landing permission for refugees that shall be accompanied by documents explaining the grounds therefor, to the Head of an Office, the head of an office or the head of a branch office. <Amended by Presidential Decree No. 28870, May 8, 2018>
(2) Upon receipt of an application submitted under paragraph (1), the Head of an Office, the head of an office or the head of a branch office shall send the application to the Minister of Justice along with his/her opinion. <Amended by Presidential Decree No. 28870, May 8, 2018>
(3) When the Minister of Justice grants approval of an application submitted under paragraph (1), the Head of an Office, the head of an office or the head of a branch office shall issue a temporary landing permit for refugee to the alien and designate his/her abode in a facility, etc. prescribed by the Minister of Justice. <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 21 (Extension of Period of Landing Permission)
(1) Where a person who has obtained landing permission under Article 14 (1), 14-2 (1), 15 (1), 16 (1) or 16-2 (1) of the Act is unable to depart from the Republic of Korea within the permitted period, the applicant for landing permission shall submit an application for an extension of the period of landing permission that shall contain the grounds for such extension, to the Head of an Office, the head of an office or the head of a branch office. <Amended by Presidential Decree No. 23818, May 25, 2012; Presidential Decree No. 28870, May 8, 2018>
(2) The period that may be extended on one occasion when an application for an extension is filed under paragraph (1) shall not exceed the period provided for in Article 14 (1), 14-2 (1), 15 (1), 16 (1) or 16-2 (1) of the Act. <Amended by Presidential Decree No. 23818, May 25, 2012>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
CHAPTER III STAY AND DEPARTURE OF ALIENS
SECTION 1 Stay of Aliens
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Article 22 (Suspension Orders)
Where the Minister of Justice intends to order an alien to suspend activities pursuant to Article 17 (3) of the Act, he/she shall directly issue a written order of suspension, stating the following matters, to the relevant alien or via the Head of an Office, the head of an office or the head of a branch office: <Amended by Presidential Decree No. 28870, May 8, 2018>
1. To suspend such activities immediately;
2. The Minister of Justice will take measures, such as deportation, where the alien fails to comply with the suspension order;
3. Other necessary matters.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 23 (Employment and Status of Stay of Aliens)
(1) Status of stay that entitles an alien to engage in job-seeking activities under Article 18 (1) of the Act shall be such status of stay as 5. Short-Term Employee (C-4) in attached Table 1, and 14. Professor (E-1) through 22. Maritime Crew (E-10), and 29. Work and Visit (H-2) in attached Table 1-2. In such cases, "job-seeking activities" means all activities permitted under the relevant status of stay. <Amended by Presidential Decree No. 29163, Sep. 18, 2018>
(2) Notwithstanding paragraph (1), none of the following persons shall be subject to restrictions on job-seeking activities based on the classification of status of stay specified in attached Tables 1 and 1-2: <Amended by Presidential Decree No. 29163, Sep. 18, 2018>
1. A person holding the status of stay falling under any of items (a) through (c) and (i) through (k) of 24. Residence (F-2) in attached Table 1-2;
2. A person who holds the status of stay referred to in item (d), (f) or (g) of 24. Residence (F-2) in attached Table 1-2 and continues to engage in activities in the field falling under his/her former status of stay;
3. A person holding the status of stay of 27. Marriage Migrant (F-6) in attached Table 1-2.
(3) Notwithstanding paragraph (1), no person holding the status of stay of 26. Overseas Korean (F-4) in attached Table 1-2 shall be subject to restrictions on activities based on the classification of status of stay specified in attached Tables 1 and 1-2, except in any of the following circumstances: Provided, That even where job seeking is allowed, when a specific qualification is required under the statutes of the Republic of Korea, he/she shall obtain such qualification: <Amended by Presidential Decree No. 29163, Sep. 18, 2018>
1. Where he/she engages in unskilled labor;
2. Where he/she engages in conduct disturbing good morals or other social order;
3. Where restrictions on his/her employment are deemed necessary for maintaining public interests, employment order, etc. in the Republic of Korea.
(4) Deleted. <by Presidential Decree No. 29163, Sep. 18, 2018>
(5) Where a person holding the status of stay for 28. Working Holiday (H-1) in attached Table 1-2 engages in job-seeking activities, he/she shall be deemed to have the status of stay that entitles him/her to engage in job-seeking activities under paragraph (1). <Amended by Presidential Decree No. 29163, Sep. 18, 2018>
(6) The specific scope of each subparagraph of paragraph (3) shall be prescribed by Ordinance of the Ministry of Justice.
(7) When the following matters are discussed by the Foreign Manpower Policy Committee pursuant to Article 4 (2) of the Act on the Employment, etc. of Foreign Workers, the Vice Minister of Justice and the Vice Minister of Employment and Labor shall first consult about the matters to be discussed and jointly bring them up for discussion, and the Minister of Justice and the Minister of Employment and Labor shall jointly give public notice of the matters discussed and a resolution passed: <Amended by Presidential Decree No. 29163, Sep. 18, 2018>
1. An annual quota for persons who fall under item (a) (ⅶ) of the status of stay for 29. Work and Visit (H-2) in attached Table 1-2;
2. The ceiling on the number of employees for each place of business for the persons holding the status of stay for 29. Work and Visit (H-2) in attached Table 1-2.
(8) Where the Minister of Justice determines the following matters, he/she may publicly notify such matters: <Amended by Presidential Decree No. 29163, Sep. 18, 2018>
1. Important matters concerning the issuance of visas for persons falling under item (a) (ⅶ) of the status of stay for 29. Work and Visit (H-2) in attached Table 1-2;
2. Matters concerning the detailed allotment by nationality of the annual quota for persons decided pursuant to paragraph (7) 1 (in such cases, the number of Korean nationals in each country in which they reside, economic level, diplomatic relations with the Republic of Korea, etc. shall be considered);
3. Other important matters concerning the entry and scope of activities of persons holding the status of stay for 29. Work and Visit (H-2) in attached Table 1-2.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 24 (Reporting by Employers of Aliens)
(1) Where an employer of an alien or the head of an establishment providing industrial technology training for aliens intends to file a report pursuant to Article 19 of the Act, he/she shall submit a report on the occurrence of reasons for any change regarding aliens he/she employs and trains, to the Head of an Office, the head of an office or the head of a branch office. <Amended by Presidential Decree No. 28870, May 8, 2018>
(2) Circumstances in which an employer of an alien amends the important terms of the employment contract under Article 19 (1) 3 of the Act mean any of the following:
1. Where he/she has changed the period of the employment contract;
2. Where the employer or the representative is changed, the name of workplace is changed, or the location thereof is changed following the relocation of the workplace: Provided, That any of the following cases shall be excluded herefrom:
(a) Where a State agency or local government employs an alien;
(b) Where a school defined in Article 2 of the Elementary and Secondary Education Act or Article 2 of the Higher Education Act or a higher educational institution established under special Acts employs an alien;
(c) Where the representative of a corporation is changed;
(d) Where an alien changes his/her workplace pursuant to Article 21 (1) of the Act;
3. Where an employee is placed under other Acts, such as the Act on the Protection of Temporary Agency Workers (including where the workplace to which the employee has been placed is changed).
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 24-2 (Technical Training Establishments, etc.)
Industrial establishments in which aliens are able to engage in technical training activities pursuant to Article 19-2 of the Act are as follows: <Amended by Presidential Decree No. 24139, Oct. 15, 2012>
1. An industrial establishment which has made an overseas direct investment as defined in Article 3 (1) 18 of the Foreign Exchange Transactions Act;
2. An industrial establishment that exports technologies to foreign countries and that the Minister of Justice deems required conducting technical training;
3. An industrial establishment which exports industrial plants to foreign countries pursuant to Article 32 (1) of the Foreign Trade Act;
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 24-3 Deleted. <by Presidential Decree No. 20076, Jun. 1, 2007>
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Article 24-4 (Recruitment and Management of Technical Trainees)
(1) Industrial establishments referred to in the subparagraphs of Article 24-2 shall recruit aliens as technical trainees according to the following classification: <Amended by Presidential Decree No. 23274, Nov. 1, 2011; Presidential Decree No. 24139, Oct. 15, 2012>
1. An industrial establishment referred to in subparagraph 1 of Article 24-2: Employees who work as production workers for a joint venture corporation or local corporation of the industrial establishment;
2. An industrial establishment referred to in subparagraph 2 of Article 24-2: Employees who work as production workers for a foreign company, from which the amount of contract for technology introduction, or with which technical tie-up is at least USD 100,000;
3. An industrial establishment referred to in subparagraph 3 of Article 24-2: Employees who work as production workers for a foreign company which imports the relevant industrial plants.
(2) Deleted. <by Presidential Decree No. 20076, Jun. 1, 2007>
(3) No head of an industrial establishment referred to in paragraph (1) shall recruit any of the following aliens as technical trainees: <Amended by Presidential Decree No. 23274, Nov. 1, 2011; Presidential Decree No. 24139, Oct. 15, 2012>
1. A person who has been sentenced to imprisonment without labor or heavier punishment in the Republic of Korea, or has been sentenced to a corresponding punishment in a foreign country;
2. A person who has left the Republic of Korea after receiving a departure order or deportation order;
3. A person who has ever stayed illegally in the Republic of Korea for at least six months;
4. A person deemed likely to enter the Republic of Korea for an illegal employment;
5. A person who falls under any subparagraph of Article 11 (1) of the Act.
(4) Where requested by the Head of an Office, the head of the competent regional employment and labor office, the head of an office or the head of a branch office may provide him/her with the departure and entry records of technical trainees. <Amended by Presidential Decree No. 23274, Nov. 1, 2011; Presidential Decree No. 24139, Oct. 15, 2012; Presidential Decree No. 28870, May 8, 2018>
(5) Deleted. <by Presidential Decree No. 17579, Apr. 18, 2002>
(6) Deleted. <by Presidential Decree No. 20076, Jun. 1, 2007>
(7) Except as otherwise provided in paragraphs (1), (3) and (4), matters necessary for the recruitment and management of technical trainees shall be separately prescribed by the Minister of Justice. <Amended by Presidential Decree No. 23274, Nov. 1, 2011; Presidential Decree No. 24139, Oct. 15, 2012>
[This Article Newly Inserted by Presidential Decree No. 15764, Apr. 1, 1998]
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Articles 24-5 through 24-7 Deleted. <by Presidential Decree No. 20076, Jun. 1, 2007>
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Article 24-6 and 24-7 Deleted. <by Presidential Decree No. 20076, Jun. 1, 2007>
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Article 24-8 (Management of Alien Students)
(1) The head of a school referred to in Article 19-4 (1) of the Act shall conduct the following affairs: <Amended by Presidential Decree No. 28870, May 8, 2018>
1. Administration of attendance issues, acquisition of credits, etc. of alien students under Article 19-4 (1) of the Act (hereinafter referred to as "alien students");
2. Counseling necessary to prevent the secession of alien students;
3. Notifying the Head of an Office, the head of an office or the head of a branch office of the status of administration and counseling under subparagraphs 1 and 2 (including notification via an information and communications network).
(2) A staff member in charge of the management of alien students designated under Article 19-4 (1) of the Act may conduct the affairs referred to in paragraph (1).
(3) The Minister of Justice may prescribe detailed matters regarding the procedures for conducting the affairs referred to in paragraph (1).
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 25 (Permission to Engage in Activities not Covered by Original Status of Stay)
(1) An alien who intends to obtain permission to engage in activities corresponding to another status of stay while engaging in activities covered by his/her original status of stay pursuant to Article 20 of the Act shall file an application for permission to engage in activities not covered by his/her original status of stay that shall be accompanied by documents prescribed by Ordinance of the Ministry of Justice with the Head of an Office, the head of an office or the head of a branch office. <Amended by Presidential Decree No. 28870, May 8, 2018>
(2) Upon receipt of an application filed under paragraph (1), the Head of an Office, the head of an office or the head of a branch office shall without delay send the application to the Minister of Justice along with his/her opinion. <Amended by Presidential Decree No. 28870, May 8, 2018>
(3) When the Minister of Justice approves the application filed under paragraph (1), the Head of an Office, the head of an office or the head of a branch office shall place a stamp on the passport or affix a sticker permitting the applicant to engage in activities not covered by his/her original status of stay on the passport: Provided, That when an applicant has no passport or the Head of an Office, the head of an office or the head of a branch office deems it necessary, he/she may issue a permit to engage in activities not covered by his/her original status of stay, in lieu of placing a stamp or affixing a sticker permitting the applicant to engage in activities not covered by his/her original status of stay on the passport. <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 26 (Permission to Change or Add Workplace)
(1) A person who intends to obtain permission to change or add his/her workplace pursuant to the main sentence of Article 21 (1) of the Act shall file an application for permission to change or add a workplace that shall be accompanied by documents prescribed by Ordinance of the Ministry of Justice with the Head of an Office, the head of an office or the head of a branch office. <Amended by Presidential Decree No. 28870, May 8, 2018>
(2) Upon receipt of an application filed under paragraph (1), the Head of an Office, the head of an office or the head of a branch office shall without delay send the application to the Minister of Justice along with his/her opinion. <Amended by Presidential Decree No. 28870, May 8, 2018>
(3) When the Minister of Justice approves an application for permission to change a workplace filed under paragraph (1), the Head of an Office, the head of an office or the head of a branch office shall place a stamp permitting the change of a workplace and enter the changed workplace and the period of stay in the passport or affix a sticker permitting the change of the workplace on the passport. <Amended by Presidential Decree No. 28870, May 8, 2018>
(4) When the Minister of Justice approves an application for permission to add a workplace filed under paragraph (1), the Head of an Office, the head of an office or the head of a branch office shall place a stamp permitting the addition of a workplace and enter the added workplace and the period of validity in the passport or affix a sticker permitting the addition of the workplace on the passport. <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 26-2 (Reporting on Change or Addition of Workplace)
(1) "Person prescribed by Presidential Decree" in the proviso of Article 21 (1) of the Act means an alien holding the status of stay for 14. Professor (E-1) through 20. Foreign National of Special Ability (E-7) in attached Table 1-2, satisfying requirements publicly announced by the Minister of Justice. <Amended by Presidential Decree No. 29163, Sep. 18, 2018>
(2) A person who intends to report the change or addition of his/her workplace pursuant to the proviso of Article 21 (1) of the Act shall submit a report on the change or addition of workplace that shall be accompanied by documents prescribed by Ordinance of the Ministry of Justice, to the Head of an Office, the head of an office or the head of a branch office. <Amended by Presidential Decree No. 28870, May 8, 2018>
(3) The Head of an Office, the head of an office or the head of a branch office shall without delay send a report and accompanying documents submitted under paragraph (2) to the Minister of Justice. <Amended by Presidential Decree No. 24139, Oct. 15, 2012; Presidential Decree No. 28870, May 8, 2018>
(4) When the Minister of Justice has accepted a report on the change or addition of workplace under paragraph (2), the Head of an Office, the head of an office or the head of a branch office shall place a report stamp on the change or addition of workplace on the passport of a reporter and enter the changed or added workplace and the period of stay or the period of validity therein or affix a report sticker on the change or addition of workplace on the passport. <Amended by Presidential Decree No. 24139, Oct. 15, 2012; Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 27 (Restrictions on Scope of Activities)
When the Minister of Justice restricts the residence or scope of activities of an alien or prescribes matters to be observed pursuant to Article 22 of the Act, he/she shall issue a notice of restrictions on the scope of activities, etc. stating the restrictions or matters to be observed and the grounds therefor, directly to the relevant alien or via the Head of an Office, the head of an office or the head of a branch office. <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 28 (Exception to Methods of Giving Notice)
(1) When the Minister of Justice issues a suspension order of activity under Article 22 or a notice of restrictions on the scope of activities, etc. under Article 27, if the person in question is not available or a reason exists to make it impossible for the Minister to issue the order or notice directly to the person, he/she may issue such order or notice to whom the person lives with or the head of an organization to which the person belongs. In such cases, the order or notice shall be deemed issued to the person.
(2) In emergencies, in cases referred to in Article 22 or 27, the order or notice may be first delivered verbally. In such cases, a suspension order of activity or a notice of restrictions on the scope of activities, etc. shall be issued without delay after the verbal delivery.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 29 (Granting Status of Stay)
(1) A person who intends to obtain status of stay pursuant to Article 23 of the Act shall file an application for status of stay that shall be accompanied by documents prescribed by Ordinance of the Ministry of Justice with the Head of an Office, the head of an office or the head of a branch office, who shall without delay send the application and documents to the Minister of Justice. <Amended by Presidential Decree No. 28870, May 8, 2018>
(2) When the Minister of Justice grants status of stay based on an application filed under paragraph (1), he/she shall notify the Head of an Office, the head of an office or the head of a branch office of the prescribed period of stay. <Amended by Presidential Decree No. 28870, May 8, 2018>
(3) Upon receipt of notification under paragraph (2), the Head of an Office, the head of an office or the head of a branch office shall place a stamp permitting status of stay, and enter status of stay and a period of stay in the applicant’s passport or affix a sticker permitting status of stay on the applicant’s passport. <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 30 (Permission to Change Status of Stay)
(1) A person who intends to obtain permission to change his/her status of stay pursuant to Article 24 (1) of the Act shall file an application for change of status of stay that shall be accompanied by documents prescribed by Ordinance of the Ministry of Justice with the Head of an Office, the head of an office or the head of a branch office. <Amended by Presidential Decree No. 28870, May 8, 2018>
(2) Upon receipt of an application filed under paragraph (1), the Head of an Office, the head of an office or the head of a branch office shall without delay send the application to the Minister of Justice along with his/her opinion. <Amended by Presidential Decree No. 28870, May 8, 2018>
(3) When the Minister of Justice approves an application for change of status of stay filed under paragraph (1), the Head of an Office, the head of an office or the head of a branch office shall place a stamp permitting the change of status of stay and enter status of stay, a period of stay and a workplace in the applicant’s passport, or affix a sticker permitting the change of status of stay on the applicant’s passport: Provided, That when an alien registration certificate is issued or reissued, the issuance or reissuance of the certificate shall substitute for the placement of such stamp and entry of status of stay, period of stay, and workplace in or affixing such sticker on the passport. <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 31 (Permission to Extend Period of Stay)
(1) A person who intends to obtain permission to extend his/her period of stay under Article 25 of the Act shall file an application for an extension of the period of stay that shall be accompanied by documents prescribed by Ordinance of the Ministry of Justice with the Head of an Office, the head of an office or the head of a branch office, before the expiration of the permitted period of stay. <Amended by Presidential Decree No. 28870, May 8, 2018>
(2) Upon receipt of an application filed under paragraph (1), the Head of an Office, the head of an office or the head of a branch office shall without delay send the application to the Minister of Justice along with his/her opinion. <Amended by Presidential Decree No. 28870, May 8, 2018>
(3) When the Minister of Justice permits an extension of the period of stay in response to an application under paragraph (1), the Head of an Office, the head of an office or the head of a branch office shall place a stamp permitting the extension of the period of stay and enter the period of stay in the passport, or affix a sticker permitting the extension of the period of stay on the passport: Provided, That when the Minister of Justice grants an extension of the period of stay to a person who has filed for alien registration, stating the permitted period in the person’s alien registration certificate shall substitute for the placement of such stamp and entry of the period of stay in or affixing such sticker on the passport. <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 32 Deleted. <by Presidential Decree No. 15417, Jun. 28, 1997>
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Article 33 (Notice of Departure when Extension of Period of Stay, etc. Is not Permitted)
(1) When the Minister of Justice does not grant permission, etc. under Articles 29 through 31, he/she shall issue a notice of decision on disapproval for an extension of the period of stay, etc. to the applicant. In such cases, when he/she does not permit the change of status of stay under Article 30, he/she may allow the applicant to stay under the initially granted status of stay. <Amended by Presidential Decree No. 24551, May 31, 2013>
(2) The Minister of Justice shall specify, in a notice of decision on disapproval for an extension of the period of stay, etc. issued under paragraph (1), the deadline for departure from the Republic of Korea within a period of up to 14 days from the date of issuance of such notice: Provided, That, if deemed necessary, the Minister of Justice may determine the expiration date of the period of stay already granted as the deadline for departure from the Republic of Korea, and when he/she allows an applicant to stay under the initially granted status of stay pursuant to the latter part of paragraph (1), he/she may choose not to specify the deadline for departure from the Republic of Korea. <Amended by Presidential Decree No. 24551, May 31, 2013>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 34 (Advance Notice of Departure Following Grant of Status of Stay)
Where the Minister of Justice grants status of stay or permits the change of status of stay, etc. in accordance with Articles 23 through 25 of the Act, and when he/she decides not to permit an extension of the period of stay thereafter, the Head of an Office, the head of an office or the head of a branch office shall state in the passport that its holder shall leave the Republic of Korea within the permitted period of stay. <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
SECTION 2 Departure of Aliens
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Article 35 (Departure Inspections)
(1) Procedures for departure inspections of nationals under Article 1 (1) through (3) shall apply mutatis mutandis to departure inspections of aliens under Article 28 (1) of the Act. <Amended by Presidential Decree No. 27520, Sep. 29, 2016>
(2) Where an alien crew member employed in a ship, etc. of the Republic of Korea leaves the Republic of Korea, Article 1 (4) and (5) shall apply mutatis mutandis to procedures for departure of such alien crew member from the Republic of Korea.
(3) Article 6 (1) (excluding notification to the head of an issuing agency) and (2) shall apply mutatis mutandis to the custody of forged or altered passports and seafarers' identity documents under Article 28 (3) of the Act and procedures for notification thereof. <Amended by Presidential Decree No. 27520, Sep. 29, 2016>
(4) An alien who meets all the requirements under Article 15 (4) may undergo a departure inspection by informatization devices under Article 3 (2) of the Act, which shall apply mutatis mutandis pursuant to Article 28 (5) of the Act. In such cases, if an alien who has provided information about his/her fingerprints and face pursuant to Article 12-2 (1) or 38 (1) 1 of the Act has no problem in undergoing a departure inspection by using informatization devices, the alien shall be deemed to meet the requirements under Article 15 (4) 2. <Amended by Presidential Decree No. 27520, Sep. 29, 2016>
(5) The departure stamp shall be omitted for the aliens who complete a departure inspection under paragraph (4). <Newly Inserted by Presidential Decree No. 27520, Sep. 29, 2016>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 36 (Period during which Aliens’ Departure from Republic of Korea Is Suspended)
(1) A period during which an alien shall be suspended from departing from the Republic of Korea under Article 29 of the Act is as follows: <Amended by Presidential Decree No. 23506, Jan. 13, 2012>
1. An alien falling under any subparagraph of Article 4 (1) of the Act: Within three months;
2. An alien falling under Article 4 (2) of the Act: Within ten days: Provided, That any of the following aliens shall be suspended from departing from the Republic of Korea for the period prescribed by each item:
(a) An alien in whose case it is impracticable to proceed with an investigation due to special grounds, such as abscondence: Within one month;
(b) An alien in whose case a stay of prosecution has been decided due to his/her unknown whereabouts: Within three months;
(c) An alien in whose case a stay of prosecution has been decided and an arrest warrant or bench warrant has been issued: Within the period of validity of the warrant.
(2) Where the whereabouts of a person in whose case a stay of prosecution has been decided is discovered among persons falling under paragraph (1) 2, an intended period of the suspension of departure from the Republic of Korea shall be within ten days from the date his/her whereabouts is discovered. <Newly Inserted by Presidential Decree No. 23506, Jan. 13, 2012>
(3) The provisions of Articles 1-4 shall apply mutatis mutandis to the calculation of a period for suspending an alien from departing from the Republic of Korea under paragraph (1). In such cases, "period for prohibition of departure from the Republic of Korea" shall be construed as "period for suspending an alien from departing from the Republic of Korea." <Amended by Presidential Decree No. 23506, Jan. 13, 2012>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 36-2 (Procedures, etc. for Suspending Aliens from Departing from the Republic of Korea)
The provisions of Articles 2, 2-2, 2-3, 3, 3-2 through 3-4 and 5 shall apply mutatis mutandis to the procedures for suspending aliens from departing from the Republic of Korea and procedures, etc. for extension of a period of suspension of departure of an alien from the Republic of Korea. In such cases, "prohibition of departure from the Republic of Korea" shall be construed as "suspension of departure from the Republic of Korea" and "period for prohibition of departure from the Republic of Korea under Article 4 (1) or (2) of the Act" as "period for suspension of departure from the Republic of Korea under the subparagraphs of Article 36 (1)," respectively. <Amended by Presidential Decree No. 23506, Jan. 13, 2012>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 37 (Alien’s Departure from the Republic of Korea upon Revocation of Suspension of Departure)
An alien who fails to depart from the Republic of Korea until the expiration date of the permitted period of stay due to the suspension of departure may depart from the Republic of Korea without following separate procedures, such as an extension of the period of stay, within ten days from the date of revocation of the suspension of departure from the Republic of Korea.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 38 (Delegation of Authority to Grant Extensions of Permitted Period of Reentry)
The Minister of Justice shall delegate his/her authority to grant extensions of the permitted period of reentry to the head of an overseas diplomatic mission pursuant to Article 30 (4) of the Act where a person who has obtained permission for reentry (including a person exempted from obtaining permission for reentry) pursuant to Article 30 (1) of the Act cannot reenter the Republic of Korea within the permitted period or the exemption period due to no available ship, etc., a disease or other exceptional circumstances after his/her departure from the Republic of Korea.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 39 Deleted. <by Presidential Decree No. 18097, Sep. 1, 2003>
CHAPTER IV REGISTRATION OF ALIENS AND SOCIAL INTEGRATION PROGRAMS
SECTION 1 Registration of Aliens
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Article 40 (Registration of Aliens)
(1) A person who intends to file for alien registration pursuant to Article 31 of the Act shall file an application for alien registration that shall be accompanied by his/her passport and other documents prescribed by Ordinance of the Ministry of Justice with the Head of an Office, the head of an office or the head of a branch office having jurisdiction over his/her place of stay. <Amended by Presidential Decree No. 28870, May 8, 2018>
(2) The Head of an Office, the head of an office or the head of a branch office having jurisdiction over the place of stay shall assign an alien registration number to a person registered as an alien pursuant to paragraph (1) and enter the alien registration number in the register of registered aliens. <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 40-2 Deleted. <by Presidential Decree No. 27520, Sep. 29, 2016>
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Article 40-3 (Numbering System, etc. of Alien Registration)
(1) An alien registration number assigned pursuant to Article 40 shall be a 13-digit number indicating the date of birth, gender, registration office, etc. <Amended by Presidential Decree No. 27520, Sep. 29, 2016>
(2) One alien registration number shall be assigned to one person, and no number already assigned shall be assigned to another person.
(3) Except as otherwise provided for in paragraphs (1) and (2), matters necessary for the numbering system of alien registration and procedures for assigning alien registration numbers shall be prescribed by the Minister of Justice.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 41 (Issuance of Alien Registration Certificates)
(1) Where the Head of an Office, the head of an office or the head of a branch office having jurisdiction over the place of stay of an alien registered under Article 31 of the Act (hereinafter referred to as "registered alien") issues an alien registration certificate pursuant to Article 33 of the Act, he/she shall enter the fact in the register of issuance of alien registration certificates. <Amended by Presidential Decree No. 28870, May 8, 2018>
(2) For an alien who is under 17 years of age to whom the Head of an Office, the head of an office or the head a branch office having jurisdiction over the place of stay has not issued an alien registration certificate pursuant to the proviso of Article 33 (1) of the Act, he/she shall affix a sticker bearing the alien registration number on the alien’s passport. <Amended by Presidential Decree No. 28870, May 8, 2018>
(3) Where an alien intends to apply for an alien registration certificate pursuant to Article 33 (2) of the Act, he/she shall file an application for an alien registration certificate with the Head of an Office, the head of an office or the head of a branch office having jurisdiction over the place of stay, along with his/her passport and one copy of his/her photograph. <Amended by Presidential Decree No. 27520, Sep. 29, 2016; Presidential Decree No. 28870, May 8, 2018>
(4) The material and dimensions of the alien registration certificate, entries therein, the official seal to be used in the alien registration certificate, and other necessary matters shall be prescribed by the Minister of Justice.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 42 (Reissuance of Alien Registration Certificates)
(1) Where any of the following grounds arises for a person issued an alien registration certificate, the Head of an Office, the head of an office or the head of a branch office having jurisdiction over the place of stay may reissue an alien registration certificate to the person: <Amended by Presidential Decree No. 28870, May 8, 2018>
1. Where he/she has lost his/her alien registration certificate;
2. Where an alien registration certificate is no longer usable as it is worn-out;
3. Where space in an alien registration certificate is not enough to mention items;
4. Where he/she has obtained permission to change his/her status of stay pursuant to Article 24 of the Act;
5. Where he/she has reported the change in the matters referred to in subparagraph 1 of Article 35 of the Act with respect to his/her alien registration;
6. Where it is necessary to renew alien registration certificates completely in order to prevent the forgery thereof.
(2) A person who intends to be reissued an alien registration certificate pursuant to paragraph (1) shall file an application therefor with one copy of his/her photograph with the Head of an Office, the head of an office or the head of a branch office having jurisdiction over the place of stay within 14 days from the date the ground therefor arises. In such cases, where he/she applies for reissuance of an alien registration certificate on any of the grounds provided for in paragraph (1) 2 through 6, he/she shall submit an application accompanied by his/her original alien registration certificate. <Amended by Presidential Decree No. 28870, May 8, 2018>
(3) When the Head of an Office, the head of an office or the head of a branch office having jurisdiction over the place of stay reissues an alien registration certificate, he/she shall enter the ground for the reissuance thereof in the register of issuance of alien registration certificates, and destroy the original alien registration certificate he/she has received pursuant to the latter part of paragraph (2). <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 42-2 (Reissuance of Permanent Residency Certificate)
(1) A person who intends to be reissued an alien registration certificate, which is issued to a person entitled to permanent residency pursuant to Article 33 (4) or 33-2 (1) of the Act (hereinafter referred to as “permanent residency certificate”), shall file an application prescribed by Ordinance of the Ministry of Justice with the Head of an Office, the head of an office or the head of a branch office, along with the passport, the document verifying the place of stay, the original permanent residency certificate and a photograph, by the expiration date of the validity period of the permanent residency certificate or by the expiration date of the period prescribed in each subparagraph of Article 33-2 (1) of the Act.
(2) Where upon receipt of an application under paragraph (1), the Head of an Office, the head of an office or the head of a branch office having jurisdiction over the place of stay reissues a permanent residency certificate, he/she shall enter the fact in the issuance ledger and destroy the original permanent residency certificate submitted at the time the reissuance application is filed.
[This Article Newly Inserted by Presidential Decree No. 29163, Sep. 18, 2018]
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Article 43 (Preparation and Management of Registered Alien Records)
(1) The Head of an Office, the head of an office or the head of a branch office having jurisdiction over the place of stay shall prepare and keep a registered alien record for each alien under Article 34 (1) of the Act.<Amended by Presidential Decree No. 28870, May 8, 2018>
(2) When the Head of an Office, the head of an office or the head of a branch office having jurisdiction over the place of stay grants various permission to, gives notice to, or receives reports, etc. from a registered alien, he/she shall enter and manage the details thereof in the registered alien record.<Amended by Presidential Decree No. 28870, May 8, 2018>
(3) The head of a Si/Gun/Gu (including a non-autonomous Gu; hereafter in this Article and Articles 44 through 46, the same shall apply) or Eup/Myeon/Dong shall keep the register of aliens pursuant to Article 34 (2) of the Act and enter and manage the relevant details in the register of aliens upon receiving an alien registration card after an alien first files for alien registration or move to a district under his/her jurisdiction, and when the alien moves his/her place of stay to a district under another jurisdiction or receives a notice of cancellation of alien registration from the Head of an Office, the head of an office or branch office having jurisdiction over the place of stay, he/she shall cross out the relevant matters with red lines and enter the ground therefor and date in the register of aliens. <Amended by Presidential Decree No. 28870, May 8, 2018; Presidential Decree No. 29163, Sep. 18, 2018>
(4) Upon receipt of a notice of the cancellation of alien registration, the head of a Si/Gun/Gu or Eup/Myeon/Dong shall keep the alien registration card of the relevant alien for one year from the date of cancellation. <Amended by Presidential Decree No. 29163, Sep. 18, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 44 (Reporting on Changes in Matters Registered by Aliens)
(1) An alien who intends to report a change in registered matters under Article 35 of the Act shall submit a report on the change in registered matters along with his/her alien registration certificate and passport, to the Head of an Office, the head of an office or the head of a branch office having jurisdiction over the place of stay. <Amended by Presidential Decree No. 28870, May 8, 2018>
(2) Upon receipt of a report on changes under paragraph (1), the Head of an Office, the head of an office or the head of a branch office having jurisdiction over the place of stay shall adjust the relevant registered alien record, reissue an alien registration certificate where the matters referred to in subparagraph 1 of Article 35 of the Act are changed, and notify the fact of change to the head of a Si/Gun/Gu or Eup/Myeon/Dong where the alien stays. <Amended by Presidential Decree No. 28870, May 8, 2018; Presidential Decree No. 29163, Sep. 18, 2018>
(3) Upon receipt of a notification of the fact of change pursuant to paragraph (2), the head of a Si/Gun/Gu or Eup/Myeon/Dong shall without delay adjust the relevant alien registration card. <Amended by Presidential Decree No. 29163, Sep. 18, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 45 (Reporting on Change in Place of Stay)
(1) A registered alien who intends to file a moving-in report pursuant to Article 36 (1) of the Act shall submit a report on the change of his/her place of stay to the head of a Si/Gun/Gu or Eup/Myeon/Dong having jurisdiction over the new place of stay or to the Head of an Office, the head of an office or the head of a branch office having jurisdiction over the new place of stay. <Amended by Presidential Decree No. 27520, Sep. 29, 2016; Amended by Presidential Decree No. 28870, May 8, 2018; Presidential Decree No. 29163, Sep. 18, 2018>
(2) Upon receipt of a moving-in report filed under paragraph (1), the head of a Si/Gun/Gu or Eup/Myeon/Dong, or the Head of an Office, the head of an office or the head of a branch office shall enter changed descriptions in the alien registration certificate, deliver it to the reporting person after placing a stamp confirming the report on the change of the place of stay, and then send a written notice of the change of the place of stay to the Head of an Office, the head of an office or the head of a branch office having jurisdiction over the former place of stay pursuant to Article 36 (7) of the Act. <Amended by Presidential Decree No. 27520, Sep. 29, 2016; Presidential Decree No. 28870, May 8, 2018; Presidential Decree No. 29163, Sep. 18, 2018>
(3) The Head of an Office, the head of an office or the head of a branch office having jurisdiction over the former place of stay in receipt of the written notice of changed descriptions pursuant to paragraph (2) shall send an alien registration card to the Head of an Office, the head of an office or the head of a branch office having jurisdiction over the new place of stay, who shall promptly adjust such card. <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 46 (Surrender of Alien Registration Certificates)
(1) When an immigration control official receives an alien registration certificate surrendered pursuant to Article 37 (1) or (5) of the Act, he/she shall without delay notify the alien's departure from the Republic of Korea to the Head of an Office, the head of an office or the head of a branch office having jurisdiction over the place of stay. <Amended by Presidential Decree No. 28870, May 8, 2018>
(2) A registered alien shall surrender his/her alien registration certificate pursuant to Article 37 (2) of the Act at the time and in the manner prescribed in the following: <Amended by Presidential Decree No. 27520, Sep. 29, 2016; Presidential Decree No. 28870, May 8, 2018>
1. Where the registered alien becomes a Korean national, the person himself/herself, his/her spouse, either of his/her parents, or a person specified in Article 89 (1) shall surrender his/her alien registration certificate to the Head of an Office, the head of an office or the head of a branch office having jurisdiction over the place of stay, within 30 days from the date of filing resident registration;
2. Where the registered alien is dead, his/her spouse, either of his/her parents, or a person specified in Article 89 (1) shall surrender his/her alien registration certificate to the Head of an Office, the head of an office or the head of a branch office having jurisdiction over the place of stay, along with a medical certificate, a death certificate, or any similar document certifying his/her death, within 30 days from the date when his/her death is known to them;
3. Where the registered alien falls under any subparagraph of Article 31 (1) of the Act, he/she shall surrender his/her alien registration certificate to the Head of an Office, the head of an office or the head of a branch office having jurisdiction over the place of stay at the time he/she obtains permission to change his/her status of stay.
(3) When the Head of an Office, the head of an office or the head of a branch office having jurisdiction over the place of stay is notified of departure of an alien from the Republic of Korea or receives an alien registration certificate surrendered under paragraphs (1) and (2), he/she shall notify the cancellation of alien registration to the head of a Si/Gun/Gu or Eup/Myeon/Dong having jurisdiction over the alien's place of stay. <Amended by Presidential Decree No. 28870, May 8, 2018; Presidential Decree No. 29163, Sep. 18, 2018>
(4) The head of a Si/Gun/Gu or Eup/Myeon/Dong in receipt of a notification under paragraph (3) shall without delay adjust the relevant alien registration card.<Amended by Presidential Decree No. 29163, Sep. 18, 2018>
(5) Where the Head of an Office, the head of an office or the head of a branch office takes temporary custody of an alien registration certificate pursuant to Article 37 (4) of the Act, he/she shall issue a certificate of custody after entering the fact in the book of articles in custody and keep the certificate, and promptly return the alien registration certificate in his/her custody upon receipt of a request for return under paragraph (5) of the same Article. <Amended by Presidential Decree No. 28870, May 8, 2018>
(6) Upon receipt of an alien registration certificate surrendered pursuant to paragraphs (1) and (2), an immigration control official, the Head of an Office, the head of an office, or the head of a branch office shall destroy the alien registration certificate after completing the procedures under paragraphs (1) and (3). <Newly Inserted by Presidential Decree No. 26311, Jun. 15, 2015; by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 47 (Procedure for Cancellation of Alien Registration)
(1) Pursuant to Article 37-2 (2), the Head of an Office, the head of an office or the head of a branch office may cancel an alien's registration at the time specified in any of the following subparagraphs: <Amended by Presidential Decree No. 28870, May 8, 2018>
1. Where an alien surrenders his/her alien registration certificate pursuant to the main sentence of Article 37 (1) of the Act: At the time the alien registration certificate is surrendered;
2. Where a registered alien becomes a national: At the time it is confirmed that the registered alien has obtained the nationality of the Republic of Korea;
3. Where a registered alien is dead: At the time the death of the registered person is confirmed by means of a medical certificate, a death certificate, or any similar document;
4. Where an alien falls under any subparagraph of Article 31 (1) of the Act: At the time it is confirmed that the alien has been permitted to change his/her status of stay to the relevant status of stay, such as Diplomat (A-1), Foreign Government Official (A-2), or International Agreements (A-3);
5. Where a registered alien fails to enter during the permitted period of reentry after departure (the exempted period or the permitted period of stay where the alien has been exempted from the permission for reentry): After the expiration of the permitted period of reentry;
6. Where an alien's registration shall be cancelled on any of the grounds prescribed by Ordinance of the Ministry of Justice: At the time the ground is confirmed.
(2) When the Head of an Office, the head of an office or the head of a branch office cancels an alien's registration, he/she shall record the cancellation in the register of registered aliens and shall describe the ground for cancellation, the date of cancellation, and the name of a public official in charge therein. <Amended by Presidential Decree No. 28870, May 8, 2018>
(3) When the Head of an Office, the head of an office or the head of a branch office cancels aliens' registration under paragraph (2), he/she shall make a register of cancellation of registered aliens for separate management. <Amended by Presidential Decree No. 28870, May 8, 2018>
(4) When an alien whose registration was cancelled under paragraph (2) files for new alien registration under Article 31 of the Act, the Head of an Office, the head of an office or the head of a branch office shall give the alien registration number same as the number given to the alien before it was cancelled. <Amended by Presidential Decree No. 28870, May 8, 2018>
(5) Except as otherwise provided in paragraphs (1) through (4), matters necessary for the procedure for cancelling alien registration shall be determined by the Minister of Justice.
[This Article Newly Inserted by Presidential Decree No. 27520, Sep. 29, 2016]
SECTION 2 Social Integration Programs
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Article 48 (Details and Development of Social Integration Programs)
(1) Social integration programs (hereinafter referred to as "social integration program") referred to in Article 39 (1) of the Act shall consist of the following:
1. Education of the Korean language;
2. Education for understanding of Korean society;
3. Other education, provision of information, counseling, etc. deemed necessary by the Minister of Justice to support the social adaptation of aliens.
(2) The Minister of Justice may conduct the following evaluations on those who participate in social integration programs (hereinafter referred to as "participants in social integration programs"):
1. Preliminary evaluation;
2. Evaluation in each stage for the measurement of learning outcomes;
3. General evaluation deciding whether a participant has completed social integration programs.
(3) The Minister of Justice shall endeavor to make social integration standardized, systematic and effective.
(4) The Minister of Justice may outsource the development of social integration programs or evaluations on participants in social integration programs to a university, corporation, institution, organization, etc. specialized in the related field, if necessary.
(5) A person entrusted with evaluations on participants in social integration programs pursuant to paragraph (4) may receive fees for evaluations from such participants within the extent of the amount publicly announced by the Minister of Justice. <Newly Inserted by Presidential Decree No. 29163, Sep. 18, 2018>
(6) Except as otherwise provided in paragraphs (1) through (5), matters necessary for the development and operation of social integration programs shall be prescribed by the Minister of Justice. <Amended by Presidential Decree No. 29163, Sep. 18, 2018>
[This Article Newly Inserted by Presidential Decree No. 24139, Oct. 15, 2012]
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Article 49 (Designation of Operating Institutions)
(1) An institution, corporation or organization intending to be designated as an institution operating social integration programs (hereinafter referred to as "operating institution") under Article 39 (2) of the Act shall meet the following requirements and file an application accompanied by an operational plan, etc., prescribed by Ordinance of the Ministry of Justice, with the Minister of Justice:
1. To have an office and a place of education available at any time;
2. To secure experts prescribed by Ordinance of the Ministry of Justice;
3. To have subscribed to indemnity insurance and fire insurance for facilities;
4. Other requirements prescribed and publicly notified or posted on the Ministry’s website by the Minister of Justice, which are necessary for designing operational institutions, such as securing human resources to operate social integration programs.
(2) Upon receipt of an application for designation filed under paragraph (1), the Minister of Justice shall decide whether to approve the application for designation in consideration of the following matters:
1. Experience and expertise in conducting affairs related to social integration programs;
2. A level of experts and educational facilities or equipment and materials the applicant has secured;
3. Fidelity and feasibility of the operational plan;
4. Whether designation has ever been cancelled pursuant to Article 50 (3) within the last three years;
5. A method and ability to supply funds for the operation of an operating institution;
6. Other matters deemed important by the Minister of Justice, such as participants’ accessibility to and convenience in the use of social integration programs.
(3) Where any of the following institutions, corporations or organizations receives sufficient subsidies to cover expenses incurred in operating social integration programs from the State or a local government, the Minister of Justice may give additional marks when evaluating the requirements referred to in paragraph (2) 5:
1. A local government and its affiliated agency;
2. A multicultural family support center established under Article 12 of the Multicultural Families Support Act;
3. A social welfare center which is established and operated consolidating at least two social welfare facilities or which provides social welfare services consolidating at least two social welfare services pursuant to Article 34-2 of the Social Welfare Services Act among the social welfare centers established under Article 34-5 of the same Act;
4. A university defined in subparagraphs 1 through 6 of Article 2 of the Higher Education Act and its affiliated institution;
5. Other institutions, corporations or organizations deemed equivalent to those referred to in subparagraphs 1 through 4 by the Minister of Justice.
(4) The designation of an operating institution shall be valid for a period up to two years.
(5) A designated operating institution shall conduct the following affairs:
1. Operating social integration programs;
2. Providing information related to entry into and departure from the Republic of Korea and alien-related policies and public relations thereof;
3. Promoting social integration of aliens and raising public awareness of multiculture;
4. Other affairs necessary to support the social adaptation of aliens.
(6) Except as otherwise provided for in paragraphs (1) through (5), matters necessary for the designation of operating institutions shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Newly Inserted by Presidential Decree No. 24139, Oct. 15, 2012]
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Article 50 (Management and Revocation of Designation of Operating Institutions)
(1) If necessary to ascertain the actual conditions of operating social integration programs of an operating institution, the Minister of Justice may request the operating institution to submit related data or file a report.
(2) The Minister of Justice may give warning or request correction to an operating institution that violates the Act or fails to comply with a request to submit data or file a report under paragraph (1).
(3) Where an operating institution falls under any of the following, the Minister of Justice may revoke the designation of the operating institution:
1. Where it has obtained a designation as an operating institution by fraud or other improper means;
2. Where it fails to meet any of the requirements referred to in the subparagraphs of Article 49 (1);
3. Where it misappropriates a subsidy granted pursuant to Article 39 (4) of the Act;
4. Where it fails to comply with a request for correction under paragraph (2) without justifiable grounds;
5. Where it repeatedly fails to comply with a request for correction or to heed the warning issued under paragraph (2).
(4) Detailed matters concerning the management and cancellation of designation of operating institutions, such as warning and requests for correction under paragraph (2) and criteria for the revocation of designation under paragraph (3), shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Newly Inserted by Presidential Decree No. 24139, Oct. 15, 2012]
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Article 51 (Training of Experts, etc.)
(1) The Minister of Justice shall establish and operate an expert training program, such as experts in multicultural society, in order to train experts necessary for implementing social integration programs pursuant to Article 39 (3) of the Act.
(2) If necessary for improving the qualities of experts, the Minister of Justice may provide refresher training.
(3) In order to efficiently train experts, the Minister of Justice may outsource the expert training program referred to in paragraph (1) or refresher training referred to in paragraph (2) to a university defined in subparagraphs 1 through 6 of Article 2 of the Higher Education Act or to an institution, corporation or organization which specializes in the field of social integration programs. <Amended by Presidential Decree No. 26311, Jun. 15, 2015>
(4) Except as otherwise provided for in paragraphs (1) through (3), matters necessary for the training of experts shall be prescribed by the Minister of Justice.
[This Article Newly Inserted by Presidential Decree No. 24139, Oct. 15, 2012]
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Article 52 Deleted. <by Presidential Decree No. 24551, May 31, 2013>
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Articles 53 through 56 Deleted. <by Presidential Decree No. 16120, Feb. 26, 1999>
CHAPTER V DEPORTATION
SECTION 1 Investigations
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Article 57 (Reporting on Recognition)
When an immigration control official starts an investigation under Article 47 of the Act, he/she shall prepare and submit a report on the recognition of suspicion to the Head of an Office, the head of an office or the head of a branch office or the head of an immigration detention center (hereinafter referred to as "head of a detention center"). <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 58 (Requests to Appear)
(1) When an immigration control official requests a suspect or witness to appear pursuant to Article 48 (1) or 49 (1) of the Act, he/she shall issue a request for appearance stating the purport of such request, the date and hour and place of appearance, and enter such issuance in the book of issuance of requests for appearance.
(2) An immigration control official may make a request for appearance under paragraph (1) verbally in an emergency.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 59 (Interrogatories)
(1) The following shall be entered in an interrogatory of suspect under Article 48 (3) of the Act:
1. The suspect’s nationality, name, gender, date of birth, address and occupation;
2. Matters concerning the suspect’s entry into or departure from, stay in the Republic of Korea;
3. Details of suspicion;
4. Other necessary matters, such as a criminal history.
(2) When an immigration control official has assigned a person to interpret or translate pursuant to Article 48 (6) or (7) of the Act, he/she may have the interpreter or translator affix his/her seal across the folds of the relevant interrogatory, and sign on or affix his/her signature and seal to the interrogatory.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 60 (Record of Statement of Witnesses)
(1) Article 59 (2) shall apply mutatis mutandis to the interpretation or translation of records of statement by witnesses under Article 49 of the Act.
(2) Where the content of a statement is complicate or a witness wishes to make a statement in writing, an immigration control official may allow the witness to make his/her statement in writing.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 61 (Inspections and Requests for Presentation of Documents, etc.)
Where a suspect denies his/her suspicion or an immigration control official deems that documents alone submitted by the suspect are not enough to prove his/her suspicion when investigating the suspect pursuant to Article 47 of the Act, the immigration control official may inspect residence or articles of a third person related to the suspect or request the third person to present documents or articles. In such cases, the immigration control official shall obtain prior consent from the third person.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 62 (Record of Presented Articles, etc.)
(1) Upon receipt of documents or articles presented pursuant to Article 50 of the Act and Article 61 of this Decree, an immigration control official shall prepare a record of presented articles, stating the particulars of submission, etc., and a list of presented articles, stating the features and quantity of presented articles.
(2) Entry of items concerning presented articles in an interrogatory under Article 59 (1) or a record of statement under Article 60 may substitute for the preparation of a record of presented articles and a list of presented articles under paragraph (1).
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
SECTION 2 Detention
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Article 63 (Detention Orders)
(1) When an immigration control official applies for a detention order pursuant to Article 51 (2) of the Act, he/she shall file an application for a detention order that shall contain the grounds for detention and be accompanied by investigation records, etc. with the Head of an Office, the head of an office, the head of a branch office or the head of a detention center. <Amended by Presidential Decree No. 28870, May 8, 2018>
(2) When the Head of an Office, the head of an office, the head of a branch office or the head of a detention center decides to issue a detention order in response to an application under paragraph (1), an immigration control official shall be issued a detention order stating the grounds for detention, a place and period of detention, etc. by the Head of an Office, the head of an office, the head of a branch office or the head of a detention center and produce it to a suspect. <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 64 (Requests for Detention)
(1) Where an immigration control official intends to detain an alien issued a detention order pursuant to Article 51 (1) of the Act or a deportation order pursuant to Article 63 (1) of the Act in an immigration detention unit, immigration detention center, or other place prescribed by the Minister of Justice (hereinafter referred to as "detention facility"), he/she shall be issued a request for detention, stating the grounds and basis for making such request by the Head of an Office, the head of an office, the head of a branch office or the head of a detention center to which he/she belongs, and send such request for detention to the head of the detention facility who is requested to detain the alien. <Amended by Presidential Decree No. 28870, May 8, 2018>
(2) Where a reason corresponding to any of the following occurs to an alien whose detention has been requested pursuant to paragraph (1), an immigration control official may change his/her place of detention to another detention facility:
1. Investigations of the alien under the Act;
2. Enforcement of departure from the Republic of Korea;
3. Maintenance of safety and order in the detention facility;
4. Necessary treatment for the alien, such as the provision of medical services.
(3) Where an immigration control official intends to change a place of detention pursuant to paragraph (2), he/she shall be issued a request for change of a place of detention, stating grounds therefor change, etc. by the Head of an Office, the head of an office, the head of a branch office or the head of a detention center to which he/she belongs, and send such request to the head of the detention facility who detains an alien and the head of another detention facility to which the alien is transferred, respectively. <Amended by Presidential Decree No. 28870, May 8, 2018>
(4) When an immigration control official prepares an emergency detention note pursuant to Article 51 (4) of the Act, he/she shall enter grounds for emergency detention, a place and time of emergency detention, etc. in the emergency detention note.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 65 (Extension of Period of Detention)
(1) Where an immigration control official intends to extend a period of detention pursuant to the proviso of Article 52 (1) of the Act, he/she shall obtain a permit to extend the period of detention, stating the extended period, grounds for an extension, applicable legal provisions, etc. from the Head of an Office, the head of an office, the head of a branch office or the head of a detention center. <Amended by Presidential Decree No. 28870, May 8, 2018>
(2) Where a suspect in respect to whom a permit to extend the period of detention has been issued under paragraph (1) is detained in a detention facility, an immigration control official shall obtain a copy of the permit to extend the period of detention, stating the extended period, grounds for an extension, etc. from the Head of an Office, the head of an office, the head of a branch office or the head of a detention center, and send such copy to the head of the detention facility who detains the alien. <Amended by Presidential Decree No. 28870, May 8, 2018>
(3) Where the Head of an Office, the head of an office, the head of a branch office or the head of a detention center does not permit an extension of the period of detention under paragraph (1), an immigration control official shall without delay release a suspect from detention. In such cases, where the suspect is detained in a detention center, the immigration control official shall be issued a request for release from detention, stating grounds for release from detention, etc. by the Head of an Office, the head of an office, the head of a branch office or the head of a detention center, and send such request to the head of the detention facility who detains the alien. <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 66 (Release from Detention during Period of Detention)
Where an immigration control official deems it unnecessary to detain a suspect even before the termination of the period of detention, he/she may release the suspect from detention with permission from the Head of an Office, the head of an office, the head of a branch office or the head of a detention center. In such cases, where the suspect is detained in a detention facility, the latter part of Article 65 (3) shall apply mutatis mutandis to release from detention. <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 67 (Obligation of Heads of Detention Facilities)
When the head of a detention facility is requested to detain an alien or release the alien from detention by the Head of an Office, the head of an office, the head of a branch office or the head of a detention center, he/she shall without delay detain the alien or release him/her from detention. <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 68 (Notification of Detention)
Notice of detention under Article 54 of the Act shall be made by giving written notice of detention, stating the grounds for, and the date, time and place of detention, and the purport that an objection may be filed.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 69 (Objections to Detention)
(1) A person who intends to file an objection pursuant to Article 55 (1) of the Act shall submit an objection accompanied by data explaining the grounds for the objection, to the Head of an Office, the head of an office, the head of a branch office or the head of a detention center. <Amended by Presidential Decree No. 28870, May 8, 2018>
(2) Upon receipt of an objection submitted under paragraph (1), the Head of an Office, the head of an office, the head of a branch office or the head of a detention center shall without delay send the objection to the Minister of Justice, along with his/her opinion. <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 70 (Decisions on Objections)
(1) When the Minister of Justice has made a decision on an objection filed under Article 55 (2) of the Act, he/she shall prepare and send a written decision on the objection stating the adjudication, grounds, applicable legal provisions to a person who filed the objection via the Head of an Office, the head of an office, the head of a branch office or the head of a detention center. <Amended by Presidential Decree No. 28870, May 8, 2018>
(2) In cases falling under paragraph (1), where the Minister of Justice decides to release a detainee from detention, the Head of an Office, the head of an office, the head of a branch office or the head of a detention center shall without delay release the detainee from detention. In such cases, where a suspect is detained in a detention facility, the head of an office, the head of a branch office or the head of a detention center shall send a request for release from detention to the head of the detention facility. <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 71 (Temporary Detention of Aliens)
(1) When an immigration control official temporarily detains an alien pursuant to Article 56 (1) of the Act, he/she shall be issued a temporary detention order by the Head of an Office, the head of an office or the head of a branch office, and produce such order to the alien. <Amended by Presidential Decree No. 28870, May 8, 2018>
(2) Grounds for temporary detention and a place and time of detention, etc. shall be stated in a temporary detention order issued under paragraph (1).
(3) Where an immigration control official extends the period of temporary detention pursuant to Article 56 (2) of the Act, he/she shall obtain a permit for an extension of the period of temporary detention, stating the extended period, grounds for extension, applicable legal provisions, etc. from the Head of an Office, the head of an office or branch office, and produce such permit to the alien. <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
SECTION 3 Examinations and Filing Objections
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Article 72 (Examinations and Decisions)
When the Head of an Office, the head of an office, the head of a branch office or the head of a detention center has examined and made a decision pursuant to Article 58 of the Act, he/she shall prepare a written examination and decision, stating the adjudication, grounds for such decision, applicable legal provisions, etc.<Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 73 (Procedures after Examinations)
Where the Head of an Office, the head of an office, the head of a branch office or the head of a detention center decides to releases detention pursuant to Article 59 (1) of the Act, he/she shall send a request for release from detention, stating the grounds therefor, etc. to the head of a detention facility where a suspect is detained in the detention facility. <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 74 (Deportation Orders)
When the Head of an Office, the head of an office, the head of a branch office or the head of a detention center decides to issue a deportation order pursuant to Article 59 (2) of the Act, he/she shall issue a written order of deportation containing the intent of, and grounds for such order, and the purport that a suspect may file an objection, and deliver its duplicate to the suspect. <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 75 (Filing Objections and Decisions)
(1) The Head of an Office, the head of an office, the head of a branch office or the head of a detention center in receipt of a written objection filed under Article 60 (1) of the Act shall immediately send the written objection to the Minister of Justice, along with his/her opinion. <Amended by Presidential Decree No. 28870, May 8, 2018>
(2) When the Minister of Justice makes a decision under Article 60 (3) of the Act, he/she shall prepare a written decision on an objection, stating the adjudication, grounds, applicable legal provisions, etc., and issue such written decision to a suspect via the Head of an Office, the head of an office, the head of a branch office or the head of a detention center: Provided, That he/she may issue the written decision after notifying the suspect of the decision verbally in an emergency. <Amended by Presidential Decree No. 28870, May 8, 2018>
(3) When a suspect is detained in a detention facility where the Head of an Office, the head of an office, the head of a branch office, or the head of a detention center decides to release the suspect from detention pursuant to Article 60 (4) of the Act, he/she shall send a written request for release from detention stating the grounds therefor, etc. to the head of the detention facility. <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 76 (Special Cases on Permission to Stay)
(1) Exceptional circumstances in which a suspect needs to stay in the Republic of Korea under Article 61 (1) of the Act mean any of the following cases: <Amended by Presidential Decree No. 28870, May 8, 2018>
1. Where the suspect holds the status of stay for Permanent Resident (F-5) in attached Table 1-3;
2. Where the suspect has been awarded a decoration by or has won official commendation from the Government of the Republic of Korea, or has made a special contribution to the Republic of Korea;
3. Where the suspect is deemed to be in exceptional circumstances to stay in the Republic of Korea in view of the national interest and humanitarianism.
(2) When the Minister of Justice has granted permission to stay pursuant to Article 61 (1) of the Act, he/she shall issue a permit for special stay specifying the status of stay, a period of stay and other necessary matters to be observed, and deliver it to a suspect via the Head of an Office, the head of an office, the head of a branch office or the head of a detention center. <Amended by Presidential Decree No. 28870, May 8, 2018>
(3) When the Minister of Justice has granted permission under paragraph (2), he/she shall enter the purport of the permission to stay in a written decision under Article 75 (2).
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
SECTION 4 Execution of Deportation Orders
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Article 77 (Execution of Written Orders of Deportation)
(1) An immigration control official shall confirm whether money or articles kept by him/her have been returned to the relevant alien in executing a written order of deportation pursuant to Article 62 (1) of the Act.
(2) When the Head of an Office, the head of an office, the head of a branch office or the head of a detention center requests a judicial police officer to execute a written order of deportation pursuant to Article 62 (2) of the Act, he/she shall issue a request for execution and deliver it along with the written order of deportation: Provided, That he/she may deliver a written order of deportation only and request the execution thereof verbally in an emergency. <Amended by Presidential Decree No. 28870, May 8, 2018>
(3) When an immigration control official or a judicial police officer has completed repatriation based upon a written order of deportation under Article 62 of the Act, or has failed to execute such order because it is impossible to execute the order, he/she shall enter grounds for fulfillment or non-fulfillment in the written order of deportation, and without delay submit it to the Head of an Office, the head of an office, the head of a branch office or the head of a detention center. <Amended by Presidential Decree No. 28870, May 8, 2018>
(4) When an immigration control official transfers an person subject to a deportation order to the captain of a ship, etc. or the forwarding agent pursuant to the proviso of Article 62 (3) of the Act, he/she shall issue a repatriation order stating personal matters, grounds for deportation, and that he/she is obligated to repatriate the person pursuant to Article 76 (1) of the Act, and receive a receipt stating the purport that the captain of a ship, etc. or the forwarding agent shall fulfill such obligation and has taken over such person subject to the deportation order. <Amended by Presidential Decree No. 28952, Jun. 12, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 78 (Detention of Persons subject to Deportation Orders, or Release from Detention)
(1) Where the Head of an Office, the head of an office, the head of a branch office or the head of a detention center intends to detain a person subject to a deportation order until he/she can repatriate the person pursuant to Article 63 (1) of the Act, he/she shall issue a detention order for deportation, and produce it to the person subject to a deportation order. <Amended by Presidential Decree No. 28870, May 8, 2018>
(2) Where the Head of an Office, the head of an office, the head of a branch office or the head of a detention center intends to obtain approval from the Minister of Justice pursuant to Article 63 (2) of the Act, he/she shall explain the necessity of extending the period of detention. <Amended by Presidential Decree No. 28870, May 8, 2018>
(3) Where the Head of an Office, the head of an office, the head of a branch office or the head of a detention center releases a person subject to a deportation order from detention pursuant to Article 63 (3) or (4) of the Act, he/she shall issue a notice of release from detention, stating grounds therefor, restrictions on residence, and other necessary conditions, to the person subject to a deportation order. In such cases, where a person subject to a deportation order is detained in a detention facility, the Head of an Office, the head of an office, the head of a branch office or the head of a detention center shall send a request for release from detention, stating grounds therefor, etc. to the head of the detention facility. <Amended by Presidential Decree No. 28870, May 8, 2018>
(4) The Head of an Office, the head of an office, the head of a branch office or the head of a detention center shall ascertain the movements of a person released from detention under paragraph (3), such as whether he/she follows restrictions on residence and other conditions. <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
SECTION 5 Temporary Release from Detention
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Article 79 (Temporary Release from Detention)
(1) Where the Head of an Office, the head of an office, the head of a branch office or the head of a detention center grants temporary release from detention ex officio pursuant to Article 65 (1) of the Act, he/she may request the person detained in a detention facility (hereinafter referred to as “immigration detainee”) by executing a detention order or deportation order, his/her guarantor thereof, or his/her legal representative under Article 54 (1) of the Act to submit materials necessary for examination on temporary release from detention, such as data explaining grounds for such request and his/her ability to deposit a bond. <Newly Inserted by Presidential Decree No. 29163, Sep. 18, 2018>
(2) A person who intends to request temporary release from detention pursuant to Article 65 (1) of the Act shall submit a request for temporary release from detention that shall be accompanied by data explaining grounds for such request and his/her ability to deposit a bond, to the Head of an Office, the head of an office, the head of a branch office or the head of a detention center. <Amended by Presidential Decree No. 28870, May 8, 2018; Presidential Decree No. 29163, Sep. 18, 2018>
(3) Where the Head of an Office, the head of an office, the head of a branch office or the head of a detention center grants temporary release from detention ex officio or upon receipt of a request under paragraph (2), he/she shall without delay examine related documents and issue a written decision on temporary release from detention, stating the adjudication of, grounds for and the applicable law provisions to the immigration detainee (including such person’s guarantor or legal representative, etc. under Article 54 (1) of the Act), except in extenuating circumstances. <Amended by Presidential Decree No. 23506, Jan. 13, 2012; Presidential Decree No. 28870, May 8, 2018; Presidential Decree No. 29163, Sep. 18, 2018>
(4) In cases falling under paragraph (3), where the Head of an Office, the head of an office, the head of a branch office or the head of a detention center has decided on temporary release from detention, he/she shall state a period of temporary release from detention, the amount of, and deadline for payment of a bond, the place of payment, restrictions on residence, other necessary conditions and the purport that a suspect will be temporarily released from detention upon depositing the bond, and where he/she violates any of the conditions, temporary release from detention may be revoked and the bonds may be transferred to the fund of the National Treasury, in such written decision. <Amended by Presidential Decree No. 29163, Sep. 18, 2018>
(5) When a suspect is detained in a detention facility where the Head of an Office, the head of an office, the head of a branch office or the head of a detention center decides to temporarily release the suspect from detention, he/she shall send a request for temporary release from detention, stating a period of temporary release from detention to the head of the detention facility. <Amended by Presidential Decree No. 28870, May 8, 2018; Presidential Decree No. 29163, Sep. 18, 2018>
(6) Article 17 (2) shall apply mutatis mutandis to procedures for the deposit of bonds under Article 65 (2) of the Act. <Amended by Presidential Decree No. 29163, Sep. 18, 2018>
(7) A bond deposited pursuant to paragraph (6) shall be returned to a person who has deposited the bond when the relevant alien leaves the Republic of Korea or temporary release from detention is revoked, except where it is transferred to the fund of the National Treasury pursuant to Article 66 (2) of the Act.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 79-2 (Criteria for Examination of Temporary Release from Detention)
(1) The Head of an Office, the head of an office, the head of a branch office or the head of a detention center shall examine the following matters, where he/she grants temporary release from detention, ex officio or upon receipt of a request for temporary release from detention pursuant to Article 65 (1) of the Act: <Amended by Presidential Decree No. 28870, May 8, 2018; Presidential Decree No. 29163, Sep. 18, 2018>
1. Whether a grave threat to life or health, or irretrievable property loss of an immigration detainee is likely to occur by execution of a detention order or a deportation order;
2. Whether an immigration detainee is at risk of harming the national interest, such as national security, social order and public health;
3. Violation of the law, age, character and living attitude of an immigration detainee in the process of investigations and in a detention facility;
4. Whether an immigration detainee is likely to flee;
5. Whether other important humanitarian reasons exist.
(2) Matters necessary for detailed criteria and methods for temporary release from detention under paragraph (1) shall be prescribed by the Minister of Justice.
[This Article Newly Inserted by Presidential Decree No. 23506, Jan. 13, 2012]
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Article 80 (Revocation of Temporary Release from Detention)
(1) Where the Head of an Office, the head of an office, the head of a branch office or the head of a detention center issues a written revocation of release from detention pursuant to Article 66 (2) of the Act, he/she shall deliver such written revocation, stating grounds for revocation, the place of detention, etc. to an immigration detainee (including such person’s guarantor or legal representative, etc. under Article 54 (1) of the Act) and without delay re-detain the suspect. <Amended by Presidential Decree No. 28870, May 8, 2018; Presidential Decree No. 29163, Sep. 18, 2018>
(2) Article 17 (4) and (5) shall apply mutatis mutandis to procedures for transferring a bond to the fund of the National Treasury under Article 66 (2) of the Act.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
SECTION 6 Recommendations, etc. for Departure
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Article 81 (Recommendations for Departure from the Republic of Korea)
A minor offense referred to in Article 67 (1) 1 of the Act means a violation of Article 17 or 20 of the Act first committed by an alien for a period of not exceeding ten days.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
CHAPTER VI SEARCH OF SHIPS
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Article 82 (Searches and Examinations of Ships)
(1) An immigration control official shall check the following when conducting a search and an examination on board a ship, etc. under Articles 69 and 70 of the Act:
1. Whether the passports or seafarers’ identity documents are valid;
2. Whether crew members or passengers are on board the ship following proper procedures;
3. Whether crew members or passengers on board the ship coincide with those on the list of crew members and passengers submitted pursuant to Article 75 (1) of the Act;
4. Whether any of crew members or passengers is prohibited from entry into or departure from the Republic of Korea;
5. Whether any of crew members or passengers has disembarked before searching the ship that entered a port;
6. Whether any of crew members or passengers has not returned to the ship that is to leave a port by the time of search;
7. Whether any person, other than crew members or passengers, has trespassed the ship, etc. without obtaining permission for embarkation;
8. Whether any person who intends to enter or leave the Republic of Korea without following proper procedures is hiding in the ship, etc.
(2) Where departure of a ship, etc. from a port is likely to be delayed due to an immigration control official's search on board the ship, etc. under paragraph (1), or where it is deemed necessary, the Head of an Office, the head of an office or the head of a branch office may allow the immigration control official to examine the eligibility of crew members and passengers beforehand by requiring them to submit necessary documents, such as passports and seafarers’ identity documents before the ship, etc. leaves a port. <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 82-2 (Scope of Ships subject to Searches and Examinations)
The scope of ships, etc. to be searched and examined by immigration control officials pursuant to Article 69 of the Act is as follows: <Amended by Presidential Decree No. 28952, Jun. 12, 2018>
1. Ships, etc. of the Republic of Korea or foreign countries that ply between domestic ports and foreign ports;
2. Ships of the Republic of Korea or foreign countries that ply between domestic ports and pelagic areas (excluding ships which no alien is on board);
3. Ships, etc. falling under subparagraph 1 or 2, which ply between domestic ports after calling at a domestic port.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 83 (Searches and Entry or Departure Inspections at Places Other than Ports of Entry and Departure)
(1) When the captain of a ship, etc. or the forwarding agent has given a notice of scheduled entry and departure to the Head of an Office, the head of an office or the head of a branch office pursuant to Article 69 (2) of the Act, he/she shall be deemed to have applied for any of the following permission: <Amended by Presidential Decree No. 28870, May 8, 2018>
1. Permission under the proviso of Articles 3 (1) and the proviso of Article 6 (1) of the Act;
(2) When the competent authorities of a ship, etc. have permitted the relevant ship, etc. to enter or leave a port, the Head of an Office, the head of an office or the head of a branch office shall conduct a search under Article 69 (2) of the Act in the absence of exceptional circumstances. <Amended by Presidential Decree No. 28870, May 8, 2018>
(3) When an immigration control official has initiated a search and an examination under Article 69 of the Act, the Head of an Office, the head of an office or the head of a branch office shall be deemed to have approved an application for permission referred to in each subparagraph of paragraph (1): Provided, That in exceptional circumstances under which the Head of an Office, the head of an office or the head of a branch office cannot grant permission referred to in each subparagraph of paragraph (1), an immigration control official shall without delay notify the captain of a ship, etc. or a forwarding agent thereof. <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 84 (Permission to Embark)
(1) A person who intends to obtain permission to embark pursuant to Article 72 (1) of the Act shall file an application for embarkation that shall be accompanied by data explaining the reason for embarkation with the Head of an Office, the head of an office or the head of a branch office: Provided, That the captain of a ship, etc. or a forwarding agent may submit such application on his/her behalf in extenuating circumstances. <Amended by Presidential Decree No. 28870, May 8, 2018>
(2) When a person intends to obtain permission to embark on a ship, etc. under Article 72 (1) of the Act to enter the ship, etc. for repair, cleaning of or work in such ship, etc., or for other necessary purposes while the ship, etc. is plying the ports of entry and departure or between places other than ports of entry and departure in the Republic of Korea, the captain of the ship, etc. or the forwarding agent shall file an application for embarkation that shall be accompanied by data explaining the reason for embarkation with the Head of an Office, the head of an office or the head of a branch office. <Amended by Presidential Decree No. 28870, May 8, 2018>
(3) A place of entry and departure inspections under Article 72 (2) of the Act means a place established in a port of entry and departure for entry and departure inspections.
(4) The Head of an Office, the head of an office or the head of branch office having jurisdiction over the port of entry and departure may take measures necessary for preventing illegal entry into and departure from the Republic of Korea at any place of entry and departure inspections referred to in paragraph (3). <Amended by Presidential Decree No. 28870, May 8, 2018>
(5) A person who intends to obtain permission to enter a place of entry and departure inspections pursuant to Article 72 (2) of the Act shall file an application therefor that shall be accompanied by data explaining the reason therefor with the Head of an Office, the head of an office or the head of a branch office. <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
CHAPTER VII RESPONSIBILITIES OF CAPTAINS OF SHIPS AND FORWARDING AGENTS
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Article 85 (Timing for Perusal or Submission of Passenger Reservation Information)
(1) Where necessary to conduct investigations, an immigration control official may keep data referred to in Article 73-2 (2) and (3) of the Act either by noting down such data in an inspection report, etc. or attaching outputs from automated systems.
(2) The Head of an Office, the head of an office or the head of a branch office shall assign personal identification numbers to immigration control officials designated pursuant to Article 73-2 (4) of the Act. <Amended by Presidential Decree No. 28870, May 8, 2018>
(3) The timing a forwarding agent allows an immigration control official to peruse data on passenger reservation information or submits such information to the immigration control official pursuant to Article 73-2 (7) of the Act is as follows: <Amended by Presidential Decree No. 27520, Sep. 29, 2016>
1. Where the forwarding agent allows the immigration control official to peruse passenger reservation information for investigations referred to in the subparagraphs of Article 73-2 (1) of the Act: Immediately after requested by the immigration control official;
2. Where the forwarding agent submits passenger reservation information referred to in subparagraph 1 in electronic documents: Within 30 minutes after requested by the immigration control official;
3. Where the forwarding agent submits data on passengers requested by the immigration control official pursuant to Article 73-2 (3) in electronic documents: By 30 minutes prior to the departure of the relevant ship, etc.: Provided, That such data shall be submitted before the departure of the relevant ship, where a change occurs in connection with any data specified in the subparagraphs of Article 73-2 (3) of the Act after electronic documents are submitted.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 86 (Notice of Scheduled Arrival or Departure)
The captain of a ship, etc. or a forwarding agent shall give notice of scheduled arrival or departure under Article 74 of the Act by at least 24 hours prior to the arrival or departure of the ship, etc.: Provided, That this shall not apply to the arrival or departure of a ship, etc. operating on a regular basis or in exceptional circumstances.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 87 (Obligation to Report)
(1) The captain of every ship, etc. or every forwarding agent shall submit an entry or departure report under Article 75 (1) of the Act when undergoing a search under Article 69 of the Act: Provided, That when he/she undergoes an examination of documents pursuant to Article 69 (6) of the Act, he/she shall submit such report at the time of the examination.
(2) Of an entry or departure report referred to in Article 75 (1) of the Act, the following matters on individual crew members and passengers shall be mentioned in a list of crew members and a list of passengers to be submitted by the captain of a ship, etc. entering or departing from the port of entry and departure or a forwarding agent conducting a business related to a ship, etc.: <Amended by Presidential Decree No. 23818, May 25, 2012>
1. Nationality;
2. Name entered in the passport;
3. Date of birth;
4. Gender;
5. Kind and number of a travel document;
6. Whether he/she is a transfer passenger (only applicable to passengers);
7. Data on the face of a passenger (only applicable where the captain of a ship or the forwarding agent intends to apply for landing permission for tourism pursuant to Article 14-2 of the Act).
(3) Of an entry or departure report referred to in Article 75 (1) of the Act, the following matters shall be mentioned in the information about a ship, etc. to be submitted by the captain of the ship, etc. entering or departing from the port of entry and departure or a forwarding agent conducting a business related to a ship, etc.: <Amended by Presidential Decree No. 23818, May 25, 2012>
1. Type of the ship, etc.;
2. Registered number and its name;
3. Registered country;
4. Place and time of departure;
5. Place and time of stop;
6. Place and time of arrival;
7. Number of crew members, passengers and transfer passengers.
(4) Where any matters need to be supplemented, such as persons omitted from a list of crew members or a list of passengers in an entry or departure report submitted in the standardized electronic document pursuant to Article 75 (1) and (2) of the Act, the Head of an Office, the head of an office or the head of a branch office may without delay request the captain of a ship, etc. or a forwarding agent to submit the supplemented entry or departure report. <Amended by Presidential Decree No. 23818, May 25, 2012; Presidential Decree No. 28870, May 8, 2018>>
(5) The timing for submission of an entry or departure report under Article 75 (1) of the Act is as follows: <Amended by Presidential Decree No. 23818, May 25, 2012; Presidential Decree No. 24139, Oct. 15, 2012>
1. In cases of entry into a port: By no later than two hours before entry into a port of the Republic of Korea (referring to no later than 24 hours before entry into a port of the Republic of Korea where the captain of a ship or the forwarding agent intends to apply for landing permission for tourism pursuant to Article 14-2 of the Act): Provided, That where it takes less than two hours (referring to 24 hours where the captain of a ship or the forwarding agent intends to apply for landing permission for tourism) for a ship, etc. to enter a port of the Republic of Korea after departing from a port of a foreign country, an entry report may be filed within 20 minutes after departure from the port of a foreign country;
2. In cases of departure from a port: Immediately after the completion of preparation for departure.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 88 (Obligation to Repatriate)
(1) When the Head of an Office, the head of an office or the head of a branch office requests the captain of a ship, etc. or a forwarding agent to repatriate a person falling under any subparagraph of Article 76 (1) of the Act, he/she shall issue a repatriation order: Provided, That he/she may make such request verbally in an emergency, and he/she shall without delay issue a repatriation order thereafter in such cases. <Amended by Presidential Decree No. 28870, May 8, 2018; Presidential Decree No. 28952, Jun. 12, 2018>
(2) Upon completing the repatriation of an alien under paragraph (1), the captain of a ship, etc. or a forwarding agent shall give a written report of the result to the Head of an Office, the head of an office or the head of a branch office. <Amended by Presidential Decree No. 28870, May 8, 2018>
(3) The captain of a ship, etc. or a forwarding agent shall bear expenses, etc. incurred in transporting, boarding and lodging an alien and physically restrain the alien until he/she repatriates such alien he/she is requested to repatriate pursuant to paragraph (1).
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
CHAPTER VII-2 ISSUANCE OF REFUGEE TRAVEL DOCUMENTS, ETC.
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Articles 88-2 through 88-4 Deleted. <by Presidential Decree No. 24628, Jun. 21, 2013>
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Article 88-5 (Issuance of Refugee Travel Documents)
(1) An alien who intends to apply for a refugee travel document pursuant to Article 76-5 (1) of the Act shall file an application for a refugee travel document with the Minister of Justice, along with a certificate of refugee status recognition, an alien registration certificate (only applicable where he/she has filed for alien registration), and two copies of his/her photograph. <Amended by Presidential Decree No. 27520, Sep. 29, 2016>
(2) When the Minister of Justice issues a refugee travel document in response to an application under paragraph (1), he/she shall record such fact in the register of issuance of refugee travel documents and deliver the refugee travel document to the relevant applicant. <Amended by Presidential Decree No. 27520, Sep. 29, 2016>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 88-6 (Reissuance of Refugee Travel Documents)
(1) Where a person issued with a refugee travel document falls under any of the following, the Minister of Justice may reissue a refugee travel document to him/her:
1. Where his/her refugee travel document is lost or missing;
2. Where his/her refugee travel document is damaged and becomes unusable;
3. Where the Minister of Justice deems it necessary to reissue a refugee travel document for other reasons.
(2) A person who wishes to have a refugee travel document reissued pursuant to paragraph (1) shall file an application for reissuance of the refugee travel document with the Minister of Justice, along with documents demonstrating the reasons therefor and two copies of his/her photograph, within 14 days from the date such reasons have occurred: Provided, That a person who wishes to have a refugee travel document reissued in any area outside of the Republic of Korea shall file the application with the Minister of Justice via the head of an overseas diplomatic mission. <Amended by Presidential Decree No. 27520, Sep. 29, 2016>
(3) Where a refugee applies for reissuance of a refugee travel document due to the reason referred to in paragraph (1) 2 or 3, his/her application shall be accompanied by the original refugee travel document.
(4) Article 88-5 (2) shall apply mutatis mutandis to the procedures, etc. for reissuing and delivering refugee travel documents: Provided, That if an applicant is in any area outside of the Republic of Korea, a refugee travel document shall be delivered to the applicant via the head of an overseas diplomatic mission. <Amended by Presidential Decree No. 27520, Sep. 29, 2016>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 88-7 (Extension of Period of Validity of Refugee Travel Documents)
(1) The Minister of Justice shall delegate his/her authority to grant extensions of the period of validity of refugee travel documents to the heads of overseas diplomatic missions pursuant to Article 76-5 (6) of the Act.
(2) An alien who intends to apply for an extension of the period of validity of his/her refugee travel document pursuant to Article 76-5 (5) of the Act shall file an application for an extension of the period of validity of a refugee travel document that shall be accompanied by documents explaining the reason therefor, with the head of an overseas diplomatic mission.
(3) When the head of an overseas diplomatic mission grants an extension of the period of validity to an alien who has applied for an extension of the period of validity pursuant to paragraph (2), he/she shall enter the extended period of validity in the alien’s refugee travel document.
(4) When the head of an overseas diplomatic mission has granted an extension of the period of validity of a refugee travel document pursuant to paragraph (3), he/she shall report the fact to the Minister of Justice without delay.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 88-8 (Surrender of Refugee Travel Documents)
When the Minister of Justice intends to order an alien to surrender his/her refugee travel document pursuant to Article 76-6 (2) of the Act, he/she shall issue a written order to surrender the refugee travel document to the alien via the Head of an Office, the head of an office or the head of a branch office. <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 88-9 (Treatment of Refugees)
(1) When the Minister of Justice decides to grant an alien permission to stay in the Republic of Korea for humanitarian reasons defined in subparagraph 3 of Article 2 of the Refugee Act, he/she shall determine necessary matters, including the status and period of stay and give notice of such matters to the Head of an Office, the head of an office or the head of a branch office. <Amended by Presidential Decree No. 28870, May 8, 2018>
(2) Upon receipt of the notice under paragraph (1), the Head of an Office, the head of an office or the head of a branch office shall affix a seal bearing the status of stay, a seal bearing permission to change the status of stay, or a seal bearing permission to extend the period of stay on the passport of an alien granted permission to stay under subparagraph 3 of Article 2 of the Refugee Act, either mention the status and period of stay, etc. in the passport, or affix a sticker bearing the status of stay, permission to change status of stay, or an extension of the period of stay period on the passport: Provided, That mentioning such facts in the alien registration certificate of a person who has completed alien registration shall substitute for affixing aforesaid seals or sticker. <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 24628, Jun. 21, 2013]
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Article 88-10 (Performance of Entrusted Administrative Affairs, such as Issuance of Refugee Travel Documents)
(1) Pursuant to Article 76-8 of the Act, the Minister of Justice shall entrust the performance of the following administrative work to the Head of an Office, the head of an office or the head of a branch office having jurisdiction over a place of stay: <Amended by Presidential Decree No. 28870, May 8, 2018>
1. Receipt of applications for issuance or reissuance of a refugee travel document under Articles 88-5 (1) and 88-6 (2);
2. Examination of applicants, including verifying identity of applicants;
3. Production of refugee travel documents;
4. Issuance, reissuance, and delivery of refugee travel documents under Articles 88-5 (2) and 88-6 (4);
5. Collection of fees under Article 87 of the Act;
6. Other administrative affairs that the Minister of Justice deems necessary to entrust in connection with the issuance and reissuance of refugee travel documents.
(2) The Head of an Office, the head of an office or the head of a branch office having jurisdiction over a place of stay shall report the current status of administrative affairs entrusted under paragraph (1) to the Minister of Justice. <Amended by Presidential Decree No. 28870, May 8, 2018>
(3) Where the Head of an Office, the head of an office or the head of a branch office having jurisdiction over a place of stay rejects an application for issuing or reissuing a refugee travel document filed by an alien who falls under the proviso of Article 76-5 (1) of the Act, he/she shall report the fact to the Minister of Justice. <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 27520, Sep. 29, 2016]
CHAPTER VIII SUPPLEMENTARY PROVISIONS
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Article 89 (Persons Obligated to File Applications, etc. for Permission)
(1) "Other persons prescribed by Presidential Decree" in Article 79 of the Act mean any of the following persons:
1. A de facto supporter;
2. A sibling;
3. A referee;
4. Other cohabitant.
(2) Where the father or mother is unable to file an application for permission under Article 79 of the Act, persons in the order referred to in paragraph (1) are obligated to file an application for permission, etc.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 90 (Fact-Finding Investigations)
(1) As a result of the fact-finding investigation conducted under Article 80 (1) of the Act, when a competent public official finds the content of a report or registration different from the facts, he/she shall without delay notify such fact to the Head of an Office, the head of an office or the head of a branch office. <Amended by Presidential Decree No. 28870, May 8, 2018; Presidential Decree No. 29163, Sep. 18, 2018>
(2) If necessary to conduct a fact-finding investigation under Article 80 (2) of the Act, an immigration public official may inspect the following documents through the common utilization of administrative information under Article 36 (1) of the Electronic Government Act: <Newly Inserted by Presidential Decree No. 29163, Sep. 18, 2018>
1. Documents the confirmation of which the applicant agrees to, among those prescribed by Ordinance of the Ministry of Justice which are necessary for examining the issuance of visa issuance certificate under Article 9 of the Act;
2. Documents the confirmation of which the applicant agrees to, among those prescribed by Ordinance of the Ministry of Justice which are necessary to examine the permission under Articles 20, 21, 24 and 25 of the Act or examine the granting of the status of stay under Article 23 of the Act.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 91 (Investigation of Movements of Aliens)
(1) When an immigration control official has investigated the movements of aliens, etc. pursuant to Article 81 (1) and (2) of the Act, he/she shall keep the record thereof.
(2) An immigration control official shall keep checking whether a person in receipt of an order to suspend activities under Article 22 or notice of restrictions on the scope of activities, etc. under Article 27 complies with such order or restrictions, and keep the record thereof.
(3) Matters necessary for reporting and keeping the record of investigations on the movements of aliens shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 91-2 (Public Officials Belonging to Related Agencies)
(1) "Public officials belonging to related agencies prescribed by Presidential Decree" in Article 81 (1) of the Act mean any of the following: <Amended by Presidential Decree No. 24139, Oct. 15, 2012; Presidential Decree No. 28211, Jul. 26, 2017>
1. A public official designated by the Minister of Employment and Labor from among the public officials belonging to the Ministry of Employment and Labor;
2. A public official designated by the Minister of SMEs and Startups from among public officials of the Ministry of SMEs and Startups;
3. A police official designated by the Commissioner General of the Korean National Police Agency from among police officials;
4. Other public officials belonging to the related central administrative agencies who are deemed necessary by the Minister of Justice for the protection and management of technical trainees.
(2) Upon having investigated the movements of aliens pursuant to Article 81 (1) of the Act, public officials referred to in paragraph (1) shall notify the Head of an Office, the head of an office or the head of a branch office of the findings of the investigation. <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 92 (Uniforms and Identification Cards of Immigration Control Officials)
(1) An immigration control official shall wear a uniform when performing duties relating to immigration control: Provided, That this shall not apply when he/she has obtained permission from the Minister of Justice or in exceptional circumstances.
(2) When an immigration control official performs the duties of judicial police officers pursuant to Article 3 (5) of the Act on the Persons Performing the Duties of Judicial Police Officers and the Scope of Their Duties, he/she shall carry an identity card of judicial police officer.
(3) Matters necessary in relation to uniforms under paragraph (1) shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 92-2 (Exemption from Obligation to Notify)
"Circumstances prescribed by Presidential Decree" in the proviso of Article 84 (1) of the Act mean any of the following: <Amended by Presidential Decree No. 24340, Jan. 28, 2013; Presidential Decree No. 29163, Sep. 18, 2018>
1. Where a public official of the State or a local government becomes aware of personal information of an alien student in relation to his/her school life from a school defined in Article 2 of the Elementary and Secondary Education Act;
2. Where a public official in charge becomes aware of personal information of a patient in relation to health care activity in a public health and medical institution defined in subparagraph 3 of Article 2 of the Public Health and Medical Services Act;
3. Where, in the course of conducting any affairs prescribed by Ordinance of the Ministry of Justice, such as rescue of victims of crimes and remedies for human rights violations, a public official deems that the relief of the relevant alien suffering from damage is necessary on a preferential basis.
[This Article Newly Inserted by Presidential Decree No. 24139, Oct. 15, 2012]
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Article 93 (Relationship to Criminal Procedure)
(1) When the Head of an Office, the head of an office, the head of a branch office, or the head of a detention center issues a written order of deportation or departure to a person on whom a prosecutor has requested a court to issue a summary order, where the director of the competent district prosecutors’ office gives an opinion that his/her departure from the Republic of Korea does not impede a trial, and the person has paid the amount equivalent to a fine, he/she may execute the written order of deportation prior to a summary order issued by a district court, and allow a person subject to the written order of departure to leave the Republic of Korea. <Amended by Presidential Decree No. 28870, May 8, 2018>
(2) When the Head of an Office, the head of an office, the head of a branch office, or the head of a detention center issues a written order of deportation or departure to a person who fails to pay a fine or punitive collection charge in full, where the director of the competent district prosecutors’ office gives an opinion that he/she has no ability to pay such fine or punitive collection charge, he/she may execute the written order of deportation even if the person fails to pay the fine or punitive collection charge in full, and allow a person subject to the written order of departure to leave the Republic of Korea. <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 94 (Revocation and Change of Various Permission, etc.)
(1) When the Minister of Justice has revoked or changed permission to extend the period of stay of an alien or other permission pursuant to Article 89 (1) of the Act, he/she shall notify the alien of the revocation or change thereof, and enter the purport thereof in the alien’s passport.
(2) When a permit held by an alien, such as a visa issuance certificate under Article 9 of the Act, a conditional entry permit under Article 13 of the Act, a crewman’s landing permit under Article 14 of the Act, a landing permit for tourism under Article 14-2 of the Act or a permit to engage in activities not covered by his/her original status of stay issued pursuant to Article 20 of the Act, is revoked pursuant to paragraph (1), an immigration control official shall withdraw the permit. <Amended by Presidential Decree No. 24139, Oct. 15, 2012>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 94-2 (Procedures for Stating Opinions)
(1) The Minister of Justice shall give a written notice under Article 89 (3) of the Act: Provided, That this shall not apply where he/she cannot give such notice because the whereabouts of an alien or applicant is unknown.
(2) An alien or applicant in receipt of a notice under paragraph (1) may appear at a given time and place and state his/her opinion, or submit a statement of opinion (including an electronic document) to the Minister of Justice. In such cases, if he/she fails to state his/her opinion or to submit a statement of his/her opinion (including an electronic document) by the given date, he/she shall be deemed to have no opinion.
(3) When an alien or applicant appears and states his/her opinion pursuant to paragraph (2), a related public official shall prepare a written summary thereof (including an electronic document), and require the alien or applicant who has made the statement to verify it and sign and seal (including an electronic signature) on it.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 94-3 (Electronic Window for Civil Petitions)
(1) The Minister of Justice may install and operate an electric window for civil petitions under Article 9 (2) of the Electronic Government Act.
(2) The installation and operation of the electronic window for civil petitions, procedures for the processing of civil petitions and other necessary matters shall be separately prescribed and publicly notified by the Minister of Justice.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 94-4 (Special Cases concerning Cancellation of the Status of Permanent Residency)
“A person who acquires the status of permanent residency based on any condition, such as maintaining a certain amount or more of investment in the Republic of Korea” referred to in Article 89-2 (1) 4 of the Act means a person falling under subparagraph 16 of attached Table 1-3.
[This Article Newly Inserted by Presidential Decree No. 29163, Sep. 18, 2018]
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Article 95 (References)
(1) Article 17 (2) shall apply mutatis mutandis to procedures for the deposit of bonds under Article 90 (4) of the Act.
(2) Where a referee referred to in Article 90 (1) of the Act fails to fulfill his/her obligation to guarantee an alien, a bond deposited under paragraph (4) of the same Article shall be used for expenses incurred in relation to the guaranteed alien’s stay and detention in and departure from the Republic of Korea pursuant to paragraph (2) of the same Article.
(3) A bond deposited under Article 90 (4) of the Act shall be returned to the referee where he/she fulfills his/her obligation to guarantee or where the purpose of guarantee is deemed achieved.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 95-2 (Procedures for Exercise of Right to Indemnity)
(1) Where the Minister of Justice intends to exercise the right to indemnity pursuant to Article 90 (3) or 90-2 (2) of the Act, he/she shall notify a referee or illegal employer of his/her claim for indemnity in writing, specifying the basis for the calculation of the amount claimed for indemnity.
(2) A referee or illegal employer in receipt of a notice for payment of the amount claimed for indemnity under paragraph (1) shall pay the amount claimed for indemnity within 15 days of receipt of the notice.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 96 (Delegation of Authority)
(1) Pursuant to Article 92 (1) of the Act, the Minister of Justice shall delegate his/her authority provided for in Articles 7 (1), 9, 10-3 (3), 11, 20, 21, 23 through 25, 25-2, 25-3, 30 (1), 78 (2), 89, 89-2, 90, and 90-2 of the Act to the Head of an Office, the head of an office, the head of a branch office, or the head of a detention center, as prescribed by Ordinance of the Ministry of Justice. <Amended by Presidential Decree No. 24551, May 31, 2013; Presidential Decree No. 24628, Jun. 21, 2013; Presidential Decree No. 26311, Jun. 15, 2015; Presidential Decree No. 27303, Jul. 5, 2016; Presidential Decree No. 27520, Sep. 29, 2016; Presidential Decree No. 28870, May 8, 2018; Presidential Decree No. 29163, Sep. 18, 2018>
(2) Pursuant to Article 92 (2) of the Act, the head of a Si (excluding the Special Metropolitan City Mayor and Metropolitan City Mayors) shall delegate his/her authority provided for in Article 34 (2) of the Act to the head of a Gu. (excluding the head of an autonomous Gu). <Amended by Presidential Decree No. 27520, Sep. 29, 2016>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 97 (Procedures for Immigration Inspections for Travel, etc. between South and North Korea)
(1) Article 1 shall apply mutatis mutandis to immigration inspections of nationals under Article 93 (1) of the Act. In such cases, an immigration control official shall verify matters referred to in Article 22 (1) 1, 4 and 5 of the Enforcement Decree of the Inter-Korean Exchange and Cooperation Act.
(2) Articles 15 and 35 shall apply mutatis mutandis to inspections of aliens under Article 93 (2) and (3) of the Act.
(3) When the Minister of Justice conducts an immigration inspection under paragraphs (1) and (2), if he/she deems that a national or an alien is likely to harm national security or public order of the Republic of Korea or to bring a serious impact to the relationship between South and North Korea, he/she shall consult with the heads of related agencies, such as the Minister of Unification.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 98 (Ports of Entry and Departure)
(1) Ports of entry and departure defined in subparagraph 6 of Article 2 of the Act shall be designated as follows: <Amended by Presidential Decree No. 24415, Mar. 23, 2013; Presidential Decree No. 26473, Aug. 3, 2015; Presidential Decree No. 27972, Mar. 29, 2017>
1. International airports designated by the Minister of Land, Infrastructure and Transport pursuant to subparagraph 3 of Article 2 of the Airport Facilities Act;
3. International trade ports defined under subparagraph 1 of Article 2 of the Act on the Arrival, Departure, etc. of Ships;
4. Osan Military Airfield, Daegu Military Airfield, Gwangju Military Airfield, Gunsan Military Airfield, and Seoul Airport.
(2) The City Air Terminal shall be deemed part of facilities of ports of entry and departure defined under subparagraph 7 of Article 2 of the Airport Facilities Act. <Amended by Presidential Decree No. 27972, Mar. 29, 2017>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 99 (Safekeeping of Temporary Payments, etc.)
Procedures for the safekeeping or returning of temporary payments, articles kept or submitted under the Act or this Decree shall be prescribed by Ordinance of the Ministry of Justice, unless otherwise provided for in the Act or this Decree.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 100 (Establishment of Due Forms)
Due forms of various applications, reports, etc. under the Act or this Decree shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 101 (Management of Sensitive Information and Personally Identifiable Information)
Where it is inevitable to conduct affairs concerning entry or departure inspections of nationals, entry or departure inspections of aliens and permission related to their landing or stay, the management of stay and various reporting, registration, investigation, detention or deportation of an alien, searching ships, etc., reporting by the captain of a ship, etc. or forwarding agent, recognition as a refugee, the issuance of certificates of fact, affairs relevant to travel between South and North Korea, and other equivalent affairs under the Act or this Decree, the Minister of Justice, the Head of an Office, the head of an office, the head of a branch office, the head of a detention center, the head of a Si/Gun/Gu, or the head of an Eup/Myeon/Dong (where the relevant authority has been delegated or entrusted, including a person to whom the authority has been delegated or entrusted) may manage information about ideology, belief and health under Article 23 of the Personal Information Protection Act, biometric information or information constituting criminal history records under subparagraph 1 or 2 of Article 18 of the Enforcement Decree of the same Act, and data containing resident registration numbers, passport numbers, or alien registration numbers under subparagraph 1, 2 or 4 of Article 19 of the same Decree. <Amended by Presidential Decree No. 23631, Feb. 28, 2012; Presidential Decree No. 27520, Sep. 29, 2016; Presidential Decree No. 28870, May 8, 2018>
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
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Article 101-2 (Re-Examination of Regulation)
The Minister of Justice shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements.: <Amended by Presidential Decree No. 27751, Dec. 30, 2016>
1. The procedure for applying for issuance of an alien registration certificate under Article 41 (3): January 1, 2017;
2. The procedure for applying for reissuance of an alien registration certificate under Article 42 (2): January 1, 2017;
3. The procedure for reporting the change of the place of stay under Article 45 (1): January 1, 2017.
[This Article Newly Inserted by Presidential Decree No. 25954, Dec. 31, 2014]
CHAPTER IX ADMINISTRATIVE FINES
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Article 102 (Criteria for Imposition of Administrative Fines)
(1) Criteria for the imposition of administrative fines under Article 100 (4) of the Act shall be as specified in attached Table 2.
(2) Deleted. <by Presidential Decree No. 23506, Jan. 13, 2012>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
CHAPTER X ACCUSATION AND DISPOSITION OF NOTICE
SECTION 1 Accusation
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Article 103 (Notification of Results of Dealing with Cases)
The Head of an Office, the head of an office, the head of a branch office or the head of a detention center shall give written notice to the head of an agency that has transferred a case of the result of dealing with the case that he/she has taken over pursuant to Article 101 (2) of the Act. <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
SECTION 2 Disposition of Notice
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Article 104 (Procedures for Disposition of Notice)
(1) When the Head of an Office, the head of an office, the head of a branch office, or the head of a detention center makes a disposition of notice pursuant to Article 102 (1) of the Act, he/she shall prepare a written decision on examination and a written notice under Article 72. <Amended by Presidential Decree No. 28870, May 8, 2018>
(2) The Head of an Office, the head of an office, the head of a branch office, or the head of a detention center shall enter the following matters in a written notice under paragraph (1) and sign and seal on it: <Amended by Presidential Decree No. 27520, Sep. 29, 2016; Presidential Decree No. 28870, May 8, 2018>
1. Name, gender, date of birth and domicile of a person to receive a disposition of notice;
2. The amount of the penalty;
3. An offense;
4. Applicable provisions of statutes;
5. Place of payment and deadline for payment;
6. Date of a disposition of notice.
(3) With respect to an immigration offender whose offense is clearly recognized by his/her passport, documents, etc. as a result of the investigation and from whose disposition no dispute arises, the Head of an Office, the head of an office, the head of a branch office, or the head of a detention center may prepare a written decision on examining the immigration offender in lieu of a report on the recognition of suspicion under Article 57, an interrogatory of a suspect under Article 59 (1), and a written decision on examination and a written notice under paragraph (1). <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 105 (Procedures for Payment of Penalties)
(1) A person in receipt of a disposition of notice pursuant to Article 102 (1) of the Act shall pay a penalty to a national treasury bank, its branch or agency, or post office (hereinafter referred to as "receiving agency") designated by the Head of an Office, the head of an office, the head of a branch office or the head of a detention center by the payment deadline set under Article 105 of the Act. <Amended by Presidential Decree No. 28870, May 8, 2018>
(2) A receiving agency that has collected a penalty pursuant to paragraph (1) shall issue a receipt to a person who has paid the penalty.
(3) Upon issuing a receipt under paragraph (2), a receiving agency shall without delay forward a written notice confirming the receipt of a penalty to the Head of an Office, the head of an office, the head of a branch office or the head of a detention center who issued the written notice. <Amended by Presidential Decree No. 28870, May 8, 2018>
(4) No penalty shall be paid in installments.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 106 (Service of Written Notice)
A written notice referred to in Article 104 of the Act shall be served, as prescribed in Article 91 of the Act.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
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Article 107 (Provisional Payment of Penalties)
(1) A person who intends to pay a penalty provisionally pursuant to Article 102 (2) of the Act shall submit an application for provisional payment and pay the penalty to the Head of an Office, the head of an office, the head of a branch office or the head of a detention center. <Amended by Presidential Decree No. 28870, May 8, 2018>
(2) When the Head of an Office, the head of an office, the head of a branch office or the head of a detention center collects a penalty provisionally paid pursuant to paragraph (1), he/she shall without delay enter the receipt of the penalty in the provisional custody register of penalties, and issue a receipt of the provisionally paid penalty to the payer thereof. <Amended by Presidential Decree No. 28870, May 8, 2018>
(3) The Head of an Office, the head of an office, the head of a branch office or the head of a detention center shall transfer penalties provisionally paid pursuant to paragraph (2) to a receiving agency. <Amended by Presidential Decree No. 28870, May 8, 2018>
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on April 1, 1993.
Article 2 (Repeal of Statutes)
The Rules for Designation of Ports of Entry and Departure are hereby repealed.
Article 3 (Transitional Measures concerning Status of Stay, etc.)
(1) A status of stay specified in a visa, a visa issuance certificate or an entry permit for an alien issued under the previous provisions as at the time this Decree enters into force shall be deemed a status of stay granted under this Decree by no later than the time it is revised, but the status of stay granted under the previous provisions shall be revised by the head of a office or branch office when he/she first grants various permissions relating to stay or renews a residence report certificate with an alien registration certificate after this Decree enters into force.
(2) The period of stay permitted under the previous provisions as at the time this Decree enters into force shall be deemed the period permitted under this Decree.
Article 4 (Transitional Measures concerning Validity of Written Order of Departure)
A written order of departure issued under the previous provisions as at the time this Decree enters into force shall remain valid until the expiration of the deadline for departure.
Article 5 (Transitional Measures concerning Assignment, etc. of Alien Registration Numbers)
(1) The registration number of an alien who has filed a residence report under the previous provisions before this Decree enters into force shall be assigned by the head of the office or branch office having jurisdiction over the place of stay when the alien renews his/her residence report certificate with an alien registration certificate, notwithstanding Article 40 (2).
(2) The record of a resident alien prepared under the previous provisions as at the time this Decree enters into force shall be deemed a registered alien record prepared under this Decree.
(3) An alien registration card prepared and kept on file by the head of a Si/Gu/Eup/Myeon under the previous provisions as at the time this Decree enters into force shall, if a residence report certificate is renewed to a alien registration certificate, be replaced when it is newly prepared by the head of the office or branch office and forward it to the head of a Si/Gun/Gu.
Article 6 (Transitional Measures concerning Written Request for Detention)
A written request for confinement, notice of confinement, notice of extending the confinement period, written request for cancelling the confinement, notice of cancelling the confinement, written request for temporary cancellation of confinement, and written notice of decision on temporary cancellation of confinement, that have been issued under the previous provisions as at the time this Decree enters into force shall be deemed the written request for detention, notice of detention, notice of extending the detention period, written request for cancelling detention, notice of cancelling detention, written request for cancellation of temporary detention, and written notice of decision on cancellation of temporary detention, respectively, under this Decree.
Article 7 Omitted.
ADDENDA <Presidential Decree No. 14301, Jun. 30, 1994>
(1) (Enforcement Date) This Decree shall enter into force on July 1, 1994.
(2) (Transitional Measures concerning Status of Stay) A person eligible for no visa entry (B-2) under the previous provisions as at the time this Decree enters into force shall be deemed eligible for sightseeing or transit entry (B-2) under this Decree.
ADDENDA <Presidential Decree No. 14447 Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 14486, Dec. 31, 1994>
This Decree shall enter into force on January 1, 1995.
ADDENDA <Presidential Decree No. 14817, Dec. 1, 1995>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Status of Stay) The status of Foreign National of Special Ability (E-7) granted under the previous provisions as at the time this Decree enters into force shall be deemed the status of Foreign National of Special Ability (E-7) under this Decree, until the status of stay is revised.
ADDENDA <Presidential Decree No. 15417, Jun. 28, 1997>
(1) (Enforcement Date) This Decree shall enter into force on July 1, 1997.
(2) (Transitional Measures concerning Status of Stay) The status of stay for business purpose (D-7) granted under the previous provisions as at the time this Decree enters into force shall be deemed the status of stay (D-7) granted under this Decree.
ADDENDA <Presidential Decree No. 15764, Apr. 1, 1998>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Applicability to Permission to Change Status of Stay) The amended provisions of Article 24-5 (1) shall apply to industrial trainees entering the Republic of Korea after this Decree enters into force.
(3) (Transitional Measures concerning Permission to Extend Period of Stay) Permission to extend the period of stay granted to those who entered the Republic of Korea as industrial trainees before this Decree enter into force shall be governed by the previous provisions.
ADDENDUM <Presidential Decree No. 16120, Feb. 26, 1999>
This Decree shall enter into force on March 1, 1999.
ADDENDA <Presidential Decree No. 16211, Mar. 31, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 16603, Nov. 27, 1999>
This Decree shall enter into force on December 3, 1999.
ADDENDA <Presidential Decree No. 17305, Jul. 16, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 17, 2001.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 17579, Apr. 18, 2002>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Requirements, etc. for Training Employment)
(1) The amended provisions of Article 24-5 (1) shall apply from the industrial trainees who first enter the Republic of Korea after this Decree enters into force.
(2) Not later than the time the Minister of Labor determines pursuant to the amended provisions of Articles 24-5 (1) 3 and 24-6 (4) the requirements, etc. for the training employment in consultation with the head of a competent central administrative agency, it shall be governed by what the head of a competent central administrative agency determines pursuant to the previous provisions.
Article 3 (Transitional Measures for Status of Stay, etc.)
(1) A spouse of a national who has the Visit Cohabiting (F-1) status among the status of stay under the previous provisions as at the time this Decree enters into force, and a spouse of a person holding Permanent Resident status (F-5) who has a Residence (F-2) status, shall be changed into the Residence (F-2) status under this Decree, but the status of stay under the previous provisions shall be revised by the head of the office or branch office when obtaining a permit as to various status of stay for the first time after this Decree enters into force, or receiving a re-issuance of an alien registration certificate, or when the principal or a person liable for applying for permits under Article 79 of the Act files an application.
(2) The head of the office or branch office may change into a status of Permanent Resident (F-5) for the person corresponding to a status of Permanent Resident (F-5) among those who have a status of Residence (F-2) under the previous provisions as at the time this Decree enters into force, for whom five years elapsed from the date of acquiring such status as at the time this Decree enters into force, upon request of the principal or a person liable for applying for permits under Article 79 of the Act.
(3) A person who has the Residence (F-2) status among the status of stay under the previous provisions as at the time this Decree enters into force, who has failed to obtain permission to change his/her status of stay into the Permanent Resident (F-5) status under this Decree, shall be exempted from the restriction on his/her activities pursuant to classifications of the status of stay under the previous provisions, not later than the date of obtaining a permit for a change of his/her status of stay into Permanent Resident (F-5).
ADDENDUM <Presidential Decree No. 17769, Nov. 6, 2002>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18097, Sep. 1, 2003>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Special Cases concerning Extension of Period of Stay for Training Employees and Industrial Trainees) Notwithstanding the amended provisions of Article 24-6, the Minister of Justice may grant an extension of the period of stay up to August 31, 2005 to the persons who stay with the status of employment for training (E-8) and the industrial trainees who have failed to obtain permission to change his/her status of stay to the status of employment for training (E-8) since they entered the Republic of Korea prior to April 27, 2002, as at the time this Decree enters into force, within the limit of not exceeding the domestic period of five years in total.
(3) (Transitional Measures concerning Administrative Fines) Criteria for imposition of administrative fines to any offense committed before this Decree enters into force shall be governed by the previous provisions.
ADDENDUM <Presidential Decree No. 18130, Nov. 20, 2003>
This Decree shall enter into force on December 29, 2003.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18520, Aug. 17, 2004>
(1) (Enforcement Date) This Decree shall enter into force on August 17, 2004.
(2) (Transitional Measures concerning Recognition of Activities not Covered by Status of Stay of Persons Holding Visit Cohabiting Status) Persons engaged in activities not covered by the status of stay referred to the previous Article 23 (2) 1 as at the time this Decree enters into force may engage in employment by not later than the period for activities other than status of stay recognized as referred to in the previous provisions and procedures, notwithstanding the amended provisions of Article 23 (2), and persons intending to continue engaging in such employment after the expiration of the authorized period to engage in activities not covered by their original status of stay shall obtain permission to change his/her status of stay to the Non-Professional (E-9) pursuant to Article 12 (5) of the Act on the Employment, etc. of Foreign Workers.
(3) (Transitional Measures concerning Recommendation of Industrial Training, etc.) The amended provisions of Article 24-2 (3) and (4) shall not apply to the establishments employing the foreign workers pursuant to Article 2 (1) and (2) of the Addenda to the Act on the Employment, etc. of Foreign Workers until the expiration of the period of stay permitted for such foreign workers.
(4) Omitted.
ADDENDA <Presidential Decree No. 18934, Jul. 5, 2005>
(1) (Enforcement Date) This Decree shall enter into force on September 25, 2005: Provided, That the amended provisions concerning the seafarers’ identity documents and the amended provisions concerning the exclusion of the effects of the seafarers’ pocketbooks as passports among the provisions of Articles 1 (1), (3), (4), (7) and (8), 6 (1), 18 (2) and 88-2 (2) 1 and the amended provisions of Article 24-2 shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Administrative Fines) Criteria for imposition of administrative fines to any offense committed before this Decree enters into force shall be governed by the previous provisions.
ADDENDA <Presidential Decree No. 19657, Aug. 24, 2006>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures for Administrative Fines) Criteria for imposition of administrative fines to any offense committed before this Decree enters into force shall be governed by the previous provisions.
ADDENDA <Presidential Decree No. 19904, Feb. 28, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 4, 2007.
Article 2 (Transitional Measures concerning Applications for Visas and Visa Issuance Certificates)
With respect to anyone who applied for a visa for the status of stay that falls under item (b) of the status of stay for 26. Visit and Cohabiting (F-1) in the previous attached Table 1 before this Decree enters into force, but his/her visa has not issued before this Decree enters into force, the visa provided for in the amended provisions of the status of stay for 31. Work and Visit (H-2) in attached Table 1 shall be issued to him/her.
Article 3 (Transitional Measures concerning Permission to Grant Status of Stay and Extension of Period of Stay)
(1) The status of stay of the persons who fall under previous Article 19 (1) of the Enforcement Decree of the previous Act on the Employment, etc. of Foreign Workers and the persons staying in the Republic of Korea after having entered the Republic of Korea with the visas of the status of stay that falls under item (b) of the status of stay for 26. Visit and Cohabiting (F-1) in the previous attached Table 1 shall be deemed the status of stay provided for in the amended provisions of the status of stay for 31. Work and Visit (H-2) in attached Table 1, and where the head of the office or the head of the branch office first permits extending the status of stay after the this Decree enters into force, he/she shall also change his/her status of stay into the status of stay provided for in the amended provisions of the status of stay for 31. Work and Visit (H-2) in attached Table 1 with the permission for extending the stay status.
(2) With respect to any person who enters the Republic of Korea after this Decree enters into force after having obtained the visa of the status of stay that falls under item (b) of the status of stay for 26. Visit and Cohabiting (F-1) (b) in the previous attached Table 1 before this Decree enters into force, the head of the office or the head of the branch office shall permit changing his/her status of stay into the status of stay provided for in the amended provisions of the status of stay for 31. Work and Visit (H-2) attached Table 1 only if he/she files an application for registering him/her as an alien.
Article 4 Omitted.
ADDENDA <Presidential Decree No. 20076, Jun. 1, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 23 (2) 1 and 2 and subparagraph 27 (g) in attached Table 1 shall enter into force on January 1, 2008, and the amended provisions of Articles 23 (1) (limited to the part regarding the deletion of status of stay for 25-2. Employment for Training (E-8)), 24-2 (1) 4, 24-4 (6) and (7), 24-5 through 24-7, and subparagraph 25-2 in attached Table 1 shall enter into force on October 1, 2010.
Article 2 (Transitional Measures on Discontinuance of Organization- Recommended Industrial Training)
(1) As at the time this Decree enters into force (referring to the time of promulgation), a person with a status of stay of Domestic Vessel Crew (E-10) under the previous provisions shall be deemed to have a status of stay for Crew Employment (E-10) under this Decree.
(2) As of June 1, 2007, a person with a status of stay for Employment for Training (E-8) as a national of an emigrant nation, pursuant to subparagraph 3 of Article 3 of the Enforcement Decree of the Act on the Employment, etc. of Foreign Workers, shall be deemed to have a status for stay of Non-Professional (E-9).
(3) As at the time this Decree enters into force (referring to the time of promulgation), a person working on board a ship of at least 20 ton that is subject to the Seafarers Act, with a status of stay for Employment for Training (E-8), shall be deemed to have a status of stay for Crew Employment (E-10) under this Decree until the valid date of stay, regardless whether or not he is a national of an emigrant nation pursuant to subparagraph 3 of Article 3 of the Enforcement Decree of the Act on the Employment, etc. of Foreign Workers.
(4) When a visitor, who is staying with the status of stay for Industrial Training (D-3) under the previous provisions of Article 24-4 (2) as of June 1, 2007, or who has entered and is staying in Korea with such status after June 1, 2007, applies for permission to change his/her status of stay under the procedures provided for in this Decree, the head of office or branch office shall change such status into Non-Professional (E-9), if such visitor is a national of an emigrant nation pursuant to subparagraph 3 of Article 3 of the Enforcement Decree of the Act on the Employment, etc. of Foreign Workers: Provided, That in the case of industrial trainees, recommended by the National Federation of Fisheries Cooperatives which is a training-recommending organization under the previous provisions of Article 24-2 (1) 4, it shall be limited to those under training at a ship smaller than 20 ton or at fishery farms, and not subject to the application of the Seafarers Act.
(5) When a visitor, who is staying with a status of stay for Industrial Training (D-3) under the previous provisions of Article 24-4 (2) as at the time this Decree enters into force (referring to the time of promulgation) or who entered and is staying in Korea with such status after this Decree enters into force (referring to the time after the promulgation of this Decree), applies for permission to change his/her status of stay under the procedures provided for in this Decree, the head of office or branch office shall change such status into Crew Employment (E-10) under this Decree, if such trainees are recommended by the National Federation of Fisheries Cooperatives which is a training-recommending organization under the previous provisions of Article 24-2 (1) 4, and they are under training at a ship of at least 20 ton that is subject to the Seafarers Act.
Article 3 (Transitional Measures on Permission, etc. to Stay)
(1) Various permissions applied before this Decree enters into force shall be deemed applied under this Decree.
(2) When a person who falls under Article 2 (1) or (2) of the Addenda first applies for permissions, etc. after this Decree enters into force, the head of office or branch office shall correct the status of stay on his/her passport, alien registration card, etc. into changed status of stay, respectively.
ADDENDA <Presidential Decree No. 20257, Sep. 10, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 20456, Dec. 20, 2007>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of item (a) (i); 31. Work and Visit (H-2) in attached Table 1 shall enter into force on January 1, 2008.
ADDENDA <Presidential Decree No. 20674, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 20749, Mar. 21, 2008>
This Decree shall enter into force on March 22, 2008.
ADDENDUM <Presidential Decree No. 20892, Jul. 3, 2008>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of the status of stay for 18-2. Employment (D-10) and item (c) of the status of stay for 28-3. Permanent Resident (F-5) in attached Table 1 shall enter into force on September 1, 2008.
ADDENDA <Presidential Decree No. 21087, Oct. 20, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 21377, Mar. 31, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21534, Jun. 16, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 20, 2009.
Article 2 (Applicability)
In respect of a person who has applied for refugee status before this Decree enters into force, the period referred to in the amended provisions of Article 88-9 (4) shall be counted from the date this Decree enters into force.
ADDENDA <Presidential Decree No. 21719, Sep. 9, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 10, 2009.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 21942, Dec. 31, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22127, Apr. 20, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 23, 2010.
Articles 2 through 11 Omitted.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 22338, Aug. 13, 2010>
This Decree shall enter into force on August 15, 2010.
ADDENDA <Presidential Decree No. 22483, Nov. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 15, 2010.
Article 2(Applicability to Delegation of Authority)
The amended provisions of Article 96 (1) shall begin to apply to the first application for the recognition of refugee status filed or the first revocation of refugee status after this Decree enters into force.
ADDENDA <Presidential Decree No. 23274, Nov. 1, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 15, 2011.
Article 2 (Transitional Measures concerning Applications for Visas, etc.)
(1) Where a person applied for a visa, etc. for status of stay for Short-Term Business (C-2) referred to in subparagraph 7 or Short-Term General (C-3) referred to in subparagraph 8 of attached Table 1, but has not been issued a visa, etc. before this Decree enters into force, he/she shall be deemed to have applied for a visa, etc. for status of stay for Short-Term Visit (C-3) under the amended provision of subparagraph 8 of attached Table 1, and shall be issued such visa, etc.
(2) Where a person who is a spouse of a national under subparagraph 27 (a) of the previous attached Table 1 or the father or mother who brings up a child born from marital relationship (including common-law marriage) with a national under item (b) of the same subparagraph applied for a visa, etc. for status of stay for Residence (F-2) (hereinafter referred to as "status of stay for the former Residence (F-2) of a spouse, etc. of a national") of a person recognized by the Minister of Justice before this Decree enters into force but has not been issued a visa, etc. until this Decree enters into force, he/she shall be deemed to have applied for a visa, etc. for status of stay for Marriage Migrant (F-6) under the amended provision of subparagraph 28-4 in attached Table 1, and shall be issued a visa, etc.
Article 3 (Transitional Measures concerning Status of Stay)
(1) A person holding the status of stay for Short-Term Business (C-2) or Short-Term General (C-3) under the previous provisions as at the time this Decree enters into force shall be deemed holding the status of stay for Short-Term Visit (C-3) under this Decree.
(2) A person holding the status of stay for the former Residence (F-2), such as a spouse of a national under the previous provisions as at the time this Decree enters into force, shall be deemed holding the status of stay for Marriage Migrant (F-6) under this Decree, however, when he/she first files for alien registration or obtains various permits, etc. in relation to stay, the head of an office or the head of a branch office shall correct his/her status of stay mentioned in his/her alien registration certificate or visa to status of stay for Marriage Migrant (F-6).
Article 4 Deleted.
Article 5 (Relationship to Other Statutes)
A citation of the provisions of the previous Enforcement Decree of the Immigration Act in other statutes shall be deemed a citation of the corresponding provisions of this Decree, in lieu of the previous provisions, if such corresponding provisions exist herein.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 23506, Jan. 13, 2012>
This Decree shall enter into force on January 19, 2012.
ADDENDA <Presidential Decree No. 23620, Feb. 3, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 5, 2012. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 23631, Feb. 28, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 23818, May 25, 2012>
This Decree shall enter into force on May 27, 2012.
ADDENDA <Presidential Decree No. 24139, Oct. 15, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Applications, etc. for Visas, etc.)
The amended Provisions of attached Table 1 shall begin to apply to the first person who files an application for a visa, etc. or to change his/her status of stay after this Decree enters into force.
Article 3 (Transitional Measures concerning Change in Status of Stay)
A person holding the status of stay for Industrial Training (D-3) under the previous provisions as at the time this Decree enters into force shall be deemed holding the status of stay for Technical Training (D-3) under this Decree.
ADDENDA <Presidential Decree No. 24213, Nov. 30, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 2, 2012.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24340, Jan. 28, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 2, 2013.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24415, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24551, May 31, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provision of Article 96 (1) shall enter into force on September 1, 2013.
Article 2 (Applicability to Change of Status of Stay)
The amended provisions of attached Table 1 shall begin to apply to the first person who files an application for a visa, etc. or to change his/her status of stay after this Decree enters into force.
ADDENDA <Presidential Decree No. 24628, Jun. 21, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2013.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 24788, Oct. 10, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25669, Oct. 28, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 1-2 shall enter into force on January 22, 2015.
Article 2 (Applicability to Change, etc. in Status of Stay)
The amended provisions of attached Table 1 shall begin to apply to the first person who files an application for a visa or to change his/her status of stay after this Decree enters into force.
Article 3 (Transitional Measures concerning Reporting on Residence in Republic of Korea and Certificates of Residence in Republic of Korea)
Notwithstanding the amended provisions of Article 1-2, the previous provisions shall apply, until June 30, 2016, to the departure and entry inspection of a person who fails to report him/her as an overseas Korean under Article 10-2 of the partially amended Resident Registration Act (Act No. 12279), but a report on whose residence in the Republic of Korea and whose certificate of residence in the Republic of Korea remain valid under Article 2 of Addenda to the partially amended Act on the Immigration and Legal Status of Overseas Koreans (Act No. 12593) among overseas Koreans who reported their residence in the Republic of Korea under Article 6 of the previous Act on Immigration and Legal Status of Overseas Koreans (referring to the Act in force prior to the partial amendment by Act No. 12593) before January 22, 2015.
ADDENDUM <Presidential Decree No. 25954, Dec. 31, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 26311, Jun. 15, 2015>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 25-4 (c) of attached Table 1 shall enter into force on August 4, 2015.
ADDENDA <Presidential Decree No. 26473, Aug. 3, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 4, 2015.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 26922, Jan. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 27303, Jul. 5, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27520, Sep. 29, 2016>
This Decree shall enter into force on September 30, 2016.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 27972, Mar. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2017.
Articles 2 through 10 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That, among the Presidential Decrees amended by Article 8 of the Addenda, amendments to the Presidential Decrees, which were promulgated before this Decree enters into force but the enforcement date of which have yet arrived, shall enter into force on the enforcement dates of the respective Presidential Decrees.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 28244, Aug. 16, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Imposition of Administrative Fines)
A disposition of imposing an administrative fine taken for a violation committed before this Decree enters into force shall not be counted in the number of violations referred to in the amended provisions of subparagraph 2 (b), (g), (h), (k), and (l) of attached Table 2.
ADDENDA <Presidential Decree No. 28870, May 8, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 10, 2018.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 28952, Jun. 12, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 29163, Sep. 18, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 21, 2018.
Article 2 Omitted.
Article 3 (Relations with Other Statues and Regulations)
References in other statues and regulations to any status of stay under the previous attached Table 1 as at the time this Decree enters into force shall, where such status of stay corresponds to any status of stay under the amended provisions of attached Tables 1 through 1-3 in this Decree, be deemed to refer to the relevant status of stay under such amended provisons in lieu of the status of stay under the previous attached Table 1.