CHAPTER Ⅰ GENERAL PROVISIONS
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| Article 1 (Purpose) |
The purpose of this Decree is to provide for matters delegated by the Passport Act (hereinafter referred to as the “Act”) and other matters to implement the delegated matters. [This Article Wholly Amended by Presidential Decree No. 16577, Oct. 20, 1999]
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| Article 2 (Dimension of Passport and Matters to be Entered Therein) |
| (1) | The dimension of a passport and a certificate substituted for a passport (hereinafter referred to as the “travel certificate”) shall be 8.8㎝ wide and 12.5㎝ long. The name of the Republic of Korea and a classification of a passport shall be inscribed in Korean at the top of its cover and in English at the bottom, respectively, and the national emblem shall be inscribed at the center of its cover. <Amended by Presidential Decree No. 15789, May 6, 1998> |
| (2) | Color tone of the cover of passports and travel certificates and their pages shall be as follows: <Amended by Presidential Decree No. 15789, May 6, 1998> |
| 1. | Ordinary passport: Green (single: 14 pages, multiple: 42 pages); |
| 2. | Official passport: Yellowish brown (42 pages); |
| 3. | Diplomatic passport: Reddish purple (42 pages); and |
| 4. | Travel certificate: Light blue (10 pages). |
| (3) | Matters to be entered in a passport and a travel certificate shall be as follows: <Amended by Presidential Decree No. 14361, Aug. 19, 1994; Presidential Decree No. 15789, May 6, 1998> |
| 1. | Classification of passports; |
| 8. | Resident registration number; |
| 11. | Authority of issue; and |
| 12. | Other matters as determined by the Ministerial Decree of Foreign Affairs and Trade. |
| (4) | Stating methods, etc. of matters to be entered in a passport and a travel certificate under paragraph (3) shall be determined by the Minister of Foreign Affairs and Trade. <Amended by Presidential Decree No. 15789, May 6, 1998> |
[This Article Wholly Amended by Presidential Decree No. 12574, Dec. 31, 1988]
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| Article 3 Deleted.<by Presidential Decree No. 16577, Oct. 20, 1999> |
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| Article 3-2 Deleted.<by Presidential Decree No. 10264, Mar. 28, 1981> |
CHAPTER Ⅱ ORDINARY PASSPORT
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| Article 4 Deleted.<by Presidential Decree No. 12574, Dec. 31, 1988> |
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| Article 5 (Application for Issuance of Ordinary Passport) |
| (1) | Any person who desires to have an ordinary passport issued shall submit the following documents to the Minister of Foreign Affairs and Trade: Provided, That if a person staying abroad desires to have a passport issued, the Minister of Foreign Affairs and Trade may exempt him from furnishing part of said documents under the conditions as prescribed by the Ministerial Decree of Foreign Affairs and Trade: <Amended by Presidential Decree No. 9563, Aug. 27, 1979; Presidential Decree No. 11078, Mar. 25, 1983; Presidential Decree No. 12574, Dec. 31, 1988; Presidential Decree No. 14361, Aug. 19, 1994; Presidential Decree No. 15789, May 6, 1998> |
| 1. | A written application for issuance of a passport; |
| 2. | Evidential documents to confirm the purpose of overseas travel; |
| 3. | Documents related to military service for overseas travel as prescribed by the Ministerial Decree of Foreign Affairs and Trade; |
| 4. | Two copies of photograph for a passport (referring to a 3.5㎝× 4.5㎝ color hatless photo of upper half-length portrait of which the face is 2.5㎝ through 3.5㎝ long, taken within 6 months prior to the date of applying for issuance of a passport; hereinafter the same shall apply); |
| 5. | Deleted; <by Presidential Decree No. 12249, Sep. 12, 1987> |
| 6. | Other documents as prescribed by the Ministerial Decree of Foreign Affairs and Trade. |
| (2) | and (3) Deleted. <by Presidential Decree No. 12249, Sep. 12, 1987> |
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| Article 6 (Validity Term of Ordinary Passport) |
| (1) | An ordinary passport shall be issued with a validity term of not more than 5 years. <Amended by Presidential Decree No. 15789, May 6, 1998> |
| (2) | The validity term of a passport under paragraph (1) may, except as provided by the Ministerial Decree of Foreign Affairs and Trade, be extended without any limit to the frequency: Provided, That any extension shall not be made in excess of 10 years in total validity term of a passport. <Amended by Presidential Decree No. 11078, Mar. 25, 1983; Presidential Decree No. 15789, May 6, 1998> |
| (3) | The validity term of a passport for residence shall, except as provided by the Ministerial Decree of Foreign Affairs and Trade, expire on the date on which 2 years elapse since a holder of such passport has entered and begun to stay in Korea, even within the validity term under paragraphs (1) and (2), in case where the period of his stay exceeds 2 years: Provided, That the validity term of a passport for residence of a person liable for compulsory military service under the Military Service Act who has been subjected to a disposition of exemption from military service or overseas travel permit under said Act on account of a denizenship acquisition, etc., shall expire on the date on which 1 year elapses since his stay in Korea. <Added by Presidential Decree No. 10437, Aug. 1, 1981; Presidential Decree No. 14765, Sep. 18, 1995; Presidential Decree No. 15789, May 6, 1998> |
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| Article 6-2 Deleted.<by Presidential Decree No. 12249, Sep. 12, 1987> |
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| Article 6-3 Deleted.<by Presidential Decree No. 12574, Dec. 31, 1988> |
CHAPTER Ⅲ OFFICIAL PASSPORT
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| Article 7 (Persons Entitled to Issuance of Official Passport) |
Persons who are entitled to an issuance of official passport shall be those falling under any of the following subparagraphs: <Amended by Presidential Decree No. 10264, Mar. 28, 1981; Presidential Decree No. 10437, Aug. 1, 1981; Presidential Decree No. 11078, Mar. 25, 1983; Presidential Decree No. 12249, Sep. 12, 1987; Presidential Decree No. 13183, Dec. 17, 1990; Presidential Decree No. 14361, Aug. 19, 1994; Presidential Decree No. 15750, Apr. 1, 1998; Presidential Decree No. 15789, May 6, 1998; Presidential Decree No. 17233, Jun. 8, 2001; Presidential Decree No. 17269, Jun. 30, 2001>
| 1. | Public officials and the officers or executive members and employees of government-invested institutions, the Bank of Korea, and the Export-Import Bank of Korea who travel abroad on official business, and their spouses, unmarried lineal descendants and parents without a livelihood who are recommended by the related agencies; |
| 2. | Resident personnel abroad of government-invested institutions, the Bank of Korea and the Export-Import Bank of Korea, and their spouses and unmarried lineal descendants; |
| 3. | Medical personnel, Taekwondo instructors, and teachers to educate Korean residents abroad, who are dispatched by the Government, and their spouses and unmarried lineal descendants; |
| 4. | Assistants to the duties of overseas diplomatic missions of the Republic of Korea (hereinafter referred to as “diplomatic missions abroad”), and their spouses and unmarried lineal descendants; |
| 5. | Persons accompanying the public officials belonging to the Ministry of Foreign Affairs and Trade (excluding those in technical service; hereinafter the same shall apply) or public officials or servicemen on active duty who serve in the diplomatic missions abroad under Article 31 of the Foreign Service Act, for an assistance to their housework; and |
| 6. | Other persons deemed by the Minister of Foreign Affairs and Trade entitled specially to an issuance of official passport in the light of their travel purpose and their status. |
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| Article 8 (Application for Issuance of Official Passport) |
Any person who desires to have an official passport issued shall submit the following documents to the Minister of Foreign Affairs and Trade: <Amended by Presidential Decree No. 7788, Sep. 4, 1975; Presidential Decree No. 9563, Aug. 27, 1979; Presidential Decree No. 10437, Aug. 1, 1981; Presidential Decree No. 11078, Mar. 25, 1983; Presidential Decree No. 15789, May 6, 1998>
| 1. | Written application for issuance of a passport; |
| 2. | Documents attesting that he is entitled to an issuance under Article 7; |
| 3. | Documents related to the military service in the case of overseas travel as prescribed by the Ministerial Decree of Foreign Affairs and Trade; and |
| 4. | Two copies of a photograph for the passport. |
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| Article 9 (Validity Term of Official Passport) |
| (1) | An official passport shall be issued with a validity term of not more than 5 years pursuant to the travel purpose. |
| (2) | The validity term of the passport under paragraph (1) may, except as provided by the Ministerial Decree of Foreign Affairs and Trade, be extended without any limit to the frequency: Provided, That any extension shall not be made in excess of 10 years in total validity term of a passport. <Amended by Presidential Decree No. 11078, Mar. 25, 1983; Presidential Decree No. 15789, May 6, 1998> |
| (3) | Where a person subjected to an issuance of official passport comes to lose the status under any subparagraph of Article 7, an official passport issued to him shall lose its validity from that time, even within the terms of validity under paragraphs (1) and (2): Provided, That where he stays overseas, this shall not apply to a considerable period needed for returning home as prescribed by the Ministerial Decree of Foreign Affairs and Trade. <Amended by Presidential Decree No. 14361, Aug. 19, 1994; Presidential Decree No. 15789, May 6, 1998> |
| (4) | Spouses, unmarried lineal descendants and parents without a livelihood from among those entitled to the issuance under Article 7, shall have official passports issued with a validity term corresponding to an official overseas travel period. In this case, the family accompanying to an official overseas travel with not more than 6 months of travel period, shall have a single passport issued. <Added by Presidential Decree No. 14361, Aug. 19, 1994> |
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| Article 10 Deleted.<by Presidential Decree No. 14361, Aug. 19, 1994> |
CHAPTER Ⅳ DIPLOMATIC PASSPORT
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| Article 11 (Issuance Classification of Diplomatic Passport) |
A diplomatic passport shall be classified as prescribed in the following subparagraphs pursuant to the validity term attached to the passport: <Amended by Presidential Decree No. 9563, Aug. 27, 1979; Presidential Decree No. 10264, Mar. 28, 1981; Presidential Decree No. 11078, Mar. 25, 1983>
| 1. | Deleted; <by Presidential Decree No. 14361, Aug. 19, 1994> |
| 2. | Diplomatic passport with the validity term of 5 years; and |
| 3. | Diplomatic passport with the validity term of not more than 2 years. |
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| Article 12 (Persons Entitled to Issuance of Diplomatic Passport) |
| (1) | Deleted. <by Presidential Decree No. 14361, Aug. 19, 1994> |
| (2) | Any person entitled to an issuance of diplomatic passport with a validity term of 5 years shall be those falling under any of the following subparagraphs: <Amended by Presidential Decree No. 14361, Aug. 19, 1994; Presidential Decree No. 15789, May 6, 1998; Presidential Decree No. 17233, Jun. 8, 2001; Presidential Decree No. 17269, Jun. 30, 2001> |
| 1. | The President (including ex-Presidents; hereinafter the same shall apply), Prime Minister, ex-Prime Ministers, Minister of Foreign Affairs and Trade, ex-Ministers of Foreign Affairs and Trade, Ambassadors extraordinary and plenipotentiary, Members of the International Olympic Committee, public officials belonging to the Ministry of Foreign Affairs and Trade, other public officials and servicemen on active duty who serve in the diplomatic missions abroad under Article 31 of the Foreign Service Act, and those falling under one of the following items: |
| (a) | Spouses and unmarried lineal descendants of those falling under the following: |
| (b) | Spouses and unmarried lineal descendants and parents without a livelihood of those falling under the following: |
| (ⅰ) | Minister of Foreign Affairs and Trade; |
| (ⅱ) | Ambassadors extraordinary and plenipotentiary; |
| (ⅲ) | Members of the International Olympic Committee; |
| (ⅳ) | Public officials belonging to the Ministry of Foreign Affairs and Trade; and |
| (ⅴ) | Other public officials and servicemen on active duty who serve at the diplomatic missions abroad under Article 31 of the Foreign Service Act; |
| (c) | Accompanying spouses of ex-Prime Ministers and ex-Ministers of Foreign Affairs and Trade: Provided, That they shall be limited to the case as accredited by the Minister of Foreign Affairs and Trade; and |
| (d) | Persons accompanying the President, Prime Minister, Minister of Foreign Affairs and Trade, Ambassadors extraordinary and plenipotentiary, and Members of the International Olympic Committee, who are deemed specially necessary by the Minister of Foreign Affairs and Trade; |
| 2. | Speaker of the National Assembly and ex-Speakers of the National Assembly and persons falling under one of the following items: |
| (a) | Spouses and unmarried lineal descendants of Speaker of the National Assembly; |
| (b) | Accompanying spouses of ex-Speakers of the National Assembly: Provided, That they shall be limited to the case as accredited by the Minister of Foreign Affairs and Trade; and |
| (c) | Persons accompanying Speaker of the National Assembly, who are deemed specially necessary by the Minister of Foreign Affairs and Trade; and |
| 3. | Chief Justice of the Supreme Court, President of the Constitutional Court, and ex-Chief Justices of the Supreme Court, ex-Presidents of the Constitutional Court, and persons falling under one of the following items: |
| (a) | Spouses and unmarried lineal descendants of Chief Justice of the Supreme Court and President of the Constitutional Court; |
| (b) | Accompanying spouses of ex-Chief Justices of the Supreme Court and ex-Presidents of the Constitutional Court: Provided, That they shall be limited to the case as accredited by the Minister of Foreign Affairs and Trade; and |
| (c) | Persons accompanying Chief Justice of the Supreme Court and President of the Constitutional Court, who are deemed specially necessary by the Minister of Foreign Affairs and Trade. |
| (3) | Persons entitled to an issuance of diplomatic passport with the validity term of not more than 2 years shall be those falling under one of the following subparagraphs: <Amended by Presidential Decree No. 9563, Aug. 27, 1979; Presidential Decree No. 10264, Mar. 28, 1981; Presidential Decree No. 10437, Aug. 1, 1981; Presidential Decree No. 11078, Mar. 25, 1983; Presidential Decree No. 12574, Dec. 31, 1988; Presidential Decree No. 13183, Dec. 17, 1990; Presidential Decree No. 15789, May 6, 1998> |
| 2. | Representatives of the Government; |
| 3. | Members of a mission headed by a special envoy or a representative of the Government; |
| 4. | Deleted; <by Presidential Decree No. 11078, Mar. 25, 1983>; |
| 5. | Deleted; and <by Presidential Decree No. 13183, Dec. 17, 1990> |
| 6. | Other persons deemed by the Minister of Foreign Affairs and Trade to be specially entitled to an issuance of diplomatic passport in the light of the travel purpose and their status. |
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| Article 13 (Application for Issuance of Diplomatic Passport) |
With respect to an application for issuance of a diplomatic passport, the provisions of Article 8 shall be applicable mutatis mutandis. In this case, the term “Article 7” in subparagraph 2 of Article 8 shall read as “Article 12”. <Amended by Presidential Decree No. 11078, Mar. 25, 1983>
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| Article 14 (Extension, etc. of Validity Term of Diplomatic Passport) |
| (1) | The validity term of the passport under subparagraphs 2 and 3 of Article 11 may, except as provided by the Ministerial Decree of Foreign Affairs and Trade, be extended without any limit to the fre quency: Provided, That any extension shall not be made in excess of 10 years in total validity term of a passport. <Amended by Presidential Decree No. 15789, May 6, 1998; Presidential Decree No. 16577, Oct. 20, 1999> |
| (2) | The provisions of Article 9 (3) shall be applicable mutatis mutandis to a diplomatic passport issued under Article 12. In this case, the term “where a person comes to lose the status under any subparagraph of Article 7” shall read as “where a person comes not to fall under any subparagraph of Article 12 (2) and (3)”. <Amended by Presidential Decree No. 13183, Dec. 17, 1990; Presidential Decree No. 14361, Aug. 19, 1994; Presidential Decree No. 17233, Jun. 8, 2001> |
[This Article Wholly Amended by Presidential Decree No. 11078, Mar. 25, 1983]
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| Article 15 Deleted.<by Presidential Decree No. 14361, Aug. 19, 1994> |
CHAPTER Ⅴ TRAVEL CERTIFICATE
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| Article 16 (Persons Entitled to Issuance) |
Persons entitled to an issuance of a travel certificate shall be those falling under any of the following subparagraphs: <Amended by Presidential Decree No. 10264, Mar. 28, 1981; Presidential Decree No. 11078, Mar. 25, 1983; Presidential Decree No. 15789, May 6, 1998>
| 1. | Departing stateless persons; |
| 2. | Persons staying or residing abroad who are required to return home urgently or travel to a third country without enough time to wait for an issuance of passport; |
| 3. | Persons residing abroad who are required to leave for the country of residence without enough time to wait for an issuance of passport on account of a loss of the passport or the expiration, etc. of its validity term after their temporary home-coming; |
| 4. | Internationally-adopted persons; |
| 5. | Deleted; and <by Presidential Decree No. 14361, Aug. 19, 1994> |
| 6. | Persons who are deemed particularly necessary by the Minister of Foreign Affairs and Trade. |
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| Article 17 (Application for Issuance) |
The provisions of Article 5 shall be applicable mutatis mutandis to an application for issuance of a travel certificate: Provided, That the Minister of Foreign Affairs and Trade may, where deemed necessary, exempt a submission of part of documents under the conditions as prescribed by the Ministerial Decree of Foreign Affairs and Trade. <Amended by Presidential Decree No. 11078, Mar. 25, 1983; Presidential Decree No. 15789, May 6, 1998>
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| Article 18 (Validity Term) |
| (1) | The validity term of a travel certificate shall not be more than one year. <Amended by Presidential Decree No. 11078, Mar. 25, 1983> |
| (2) | A travel certificate shall become invalid when its issuing purpose has been achieved. |
CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS
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| Article 19 (Alteration of Entered Matters and Extension of Validity Term) |
| (1) | Any person who intends to alter matters entered in his diplomatic passport or official passport or to extend its validity term under Article 6 or 6-2 of the Act, shall file with the Minister of Foreign Affairs and Trade a written application for altering matters entered in his passport together with the documents falling under any of the following subparagraphs: <Amended by Presidential Decree No. 16577, Oct. 20, 1999> |
| 1. | In the case of altering matters entered, the documents attesting it; and |
| 2. | In the case of extending the validity term, a written permit issued by the head of a relevant agency. |
| (2) | Matters necessary for altering matters entered in an ordinary passport and extending its validity term, and restrictions thereto shall be prescribed by the Ministerial Decree of Foreign Affairs and Trade. <Amended by Presidential Decree No. 10437, Aug. 1, 1981; Presidential Decree No. 11078, Mar. 25, 1983; Presidential Decree No. 15789, May 6, 1998; Presidential Decree No. 16577, Oct. 20, 1999> |
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| Article 20 Deleted.<by Presidential Decree No. 12574, Dec. 31, 1988> |
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| Article 21 (Reissuance of Passport) |
| (1) | Any person who intends to apply for a reissuance of passport under Article 7 of the Act shall append the documents falling under any of the following subparagraphs: <Amended by Presidential Decree No. 11078, Mar. 25, 1983; Presidential Decree No. 15789, May 6, 1998> |
| 1. | A statement of reasons for a reissuance; |
| 2. | Two copies of a photograph for passport; and |
| 3. | Other documents as prescribed by the Ministerial Decree of Foreign Affairs and Trade. |
| (2) | In case where a passport is reissued under paragraph (1), the entries therein shall be the same as the already-issued passport unless there exists any special reason otherwise. |
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| Article 22 (Concurrent Entry of Accompanying Children) |
Where an applicant for an issuance of passport intends to be accompanied by his children under 8 years of age, he may concurrently enter their accompaniment in his passport. <Amended by Presidential Decree No. 14361, Aug. 19, 1994>
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| Article 23 (Fees) |
| (1) | Any person who intends to be subjected to an issuance, reissuance, modified issuance, alteration of entered matters, or extension of the validity term, etc. of an ordinary passport or a travel certificate, shall pay the fees under Article 12 of the Act in cash or in a voucher verifying the cash payment under the conditions as prescribed by the Ministerial Decree of Foreign Affairs and Trade: Provided, That where a passport is issued at a diplomatic mission abroad, the fees may be paid in the currency of the country of residence or that of the United States. <Amended by Presidential Decree No. 11078, Mar. 25, 1983; Presidential Decree No. 15789, May 6, 1998; Presidential Decree No. 16577, Oct. 20, 1999> |
| (2) | The issuing authority may exempt a refugee in need of relief or a person deemed to have a special inevitable reason from paying the fee under paragraph (1). |
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| Article 24 Deleted.<by Presidential Decree No. 18089, Aug. 21, 2003> |
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| Article 25 Deleted.<by Presidential Decree No. 10437, Aug. 1, 1981> |
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| Article 26 (Vicarious Exercise of Authority) |
| (1) | The Minister of Foreign Affairs and Trade shall, under the provisions of Article 15 (1) of the Act, have any consul, the Special Metropolitan City Mayor, Metropolitan City Mayor or Do governor exercise vicariously his authority to issue, reissue, order to return ordinary passports or travel certificates, alter matters entered therein, and extend their validity term. <Amended by Presidential Decree No. 16577, Oct. 20, 1999; Presidential Decree No. 18089, Aug. 21, 2003> |
| (2) | The Minister of Foreign Affairs and Trade shall, under the provi sions of Article 15 (3) of the Act, have the persons in charge of issuing ordinary passports from among the public officials belonging to the Ministry of Foreign Affairs and Trade, Special Metropolitan City, Metropolitan City or Do, the police officials, the judicial police officers in charge of immigration control or customs duties, exercise vicariously his authority to sequestrate passports. <Added by Presidential Decree No. 18089, Aug. 21, 2003> |
| (3) | Any person who exercises vicariously the authority under paragraphs (1) and (2) shall file a report on the situation of his vicarious exercise of authority with the Minister of Foreign Affairs and Trade. <Amended by Presidential Decree No. 15789, May 6, 1998; Presidential Decree No. 16577, Oct. 20, 1999; Presidential Decree No. 18089, Aug. 21, 2003> |
| (4) | The Minister of Foreign Affairs and Trade may, where deemed that an order or disposition concerning an issuance, etc. of an ordinary passport by the person exercising the authority vicariously under paragraphs (1) and (2) is unlawful or unjustifiable, suspend, cancel or modify it. <Amended by Presidential Decree No. 15789, May 6, 1998; Presidential Decree No. 16577, Oct. 20, 1999; Presidential Decree No. 18089, Aug. 21, 2003> |
[This Article Wholly Amended by Presidential Decree No. 11078, Mar. 25, 1983]
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| Article 26-2 (Request for Restriction on and Cancellation of Issuance of Passport, etc.) |
| (1) | The head of a related administrative agency may, where he deems that there exists a person falling under any subparagraph of Article 8 (1) and (3) of the Act in connection with his official duties, request the Minister of Foreign Affairs and Trade to refuse or restrict an issuance of passport, alteration of matters entered, extension of the validity term or reissuance (hereinafter referred to as “issuance of passport, etc.”) or to order the return of a valid passport. <Amended by Presidential Decree No. 15789, May 6, 1998; Presidential Decree No. 16577, Oct. 20, 1999> |
| (2) | The head of a related administrative agency shall, where he requests a refusal of or restriction on issuance of passport, etc., or an order to return a valid passport, under paragraph (1), clarify in writing the reason for such a request, the period of refusal or restriction, etc. |
| (3) | The Minister of Foreign Affairs and Trade may, where deemed necessary to examine the request for a refusal of or restriction on the issuance of passport, etc., or for an order to return a valid passport under paragraph (1), request the head of a requesting agency to furnish the related data. <Amended by Presidential Decree No. 15789, May 6, 1998> |
| (4) | The Minister of Foreign Affairs and Trade shall, where he determines not to refuse or restrict the issuance of passport, etc., or not to issue an order to return a valid passport, after examining the request for a refusal of or restriction on the issuance of passport, etc. or for an order to return a valid passport under paragraphs (1) through (3), notify the head of a requesting agency by clarifying the reasons therefor. <Amended by Presidential Decree No. 15789, May 6, 1998> |
| (5) | The head of a related administrative agency may, where he deems it necessary to continue a refusal of or restriction on the issuance of passport, etc., even after the period of refusal or restriction expires, request in writing an extension within 3 days before the expiry of the period of such refusal or restriction. |
| (6) | The head of a related administrative agency shall, where the relevant cause is extinguished even during the period of refusal of or re striction on the issuance of passport, etc., request without delay in writing the relevant cancellation. |
[This Article Added by Presidential Decree No. 14361, Aug. 19, 1994]
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| Article 26-3 (Persons Subject to Restriction on Issuance of Passport, etc.) |
For the purpose of Article 8 (1) 2 of the Act, the term “crimes as prescribed by the Presidential Decree” means the following crimes: <Amended by Presidential Decree No. 15789, May 6, 1998; Presidential Decree No. 16577, Oct. 20, 1999> | 1. | Crimes as provided in the Criminal Act which fall under any of the following items: |
| (a) | Crimes of homicide as provided in Chapter 24, Part Ⅱ; |
| (b) | From among crimes of larceny and robbery as provided in Chapter 38, Part Ⅱ, those under Articles 338 and 340 (3); |
| (d) | From among crimes of embezzlement and breach of trust as provided in Chapter 40, Part Ⅱ, those under Articles 355 and 356; |
| 4. | Crimes as provided in Articles 4, 5, and 6 of the Punishment of Violences, etc. Act: Provided, That the attempted crime under Article 6 shall be limited to those under Articles 4 (2) (excluding the cases of committing crimes under Articles 136, 255, 314, 315, 335, 337 (latter part), 340 (2) (latter part) or 343 of the Criminal Act) and 5; |
| 8. | Crimes as provided in Article 2 of the Act on Special Cases concerning the Prevention of Trafficking in Narcotics and Other Analogous Substances; |
| 9. | Deleted; and <by Presidential Decree No. 15789, May 6, 1998> |
[This Article Added by Presidential Decree No. 14361, Aug. 19, 1994]
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| Article 26-4 (Cancellation of Restriction on Issuance of Passport, etc.) |
The Minister of Foreign Affairs and Trade may, where there exists a reason falling under any of the following subparagraphs, cancel the refusal of or restriction on the issuance of passport, etc.: Provided, That where he intends to cancel the refusal of or restriction on the issuance, etc. of passport which was done at the request of the head of a related administrative agency (excluding the cases under subparagraph 1), he shall consult in advance with the head of a requesting agency: <Amended by Presidential Decree No. 15789, May 6, 1998; Presidential Decree No. 16577, Oct. 20, 1999>
| 1. | Where the head of a related administrative agency requests the cancellation; |
| 2. | Where a person subject to the restriction on an issuance of passport, etc. is to depart from the country for the purpose of marrying a foreigner and residing with him; |
| 3. | Where a person subject to the restriction on an issuance of passport, etc. has obtained a permit to emigrate overseas; and |
| 4. | Where a person subject to the restriction on an issuance of passport, etc. has obtained a denizenship or a visa for long-term stay, or is scheduled to obtain it; and |
| 5. | Where it is deemed necessary to urgently leave the country, from among persons subjected to a restriction on an issuance of passport, etc. under Article 8 (3) of the Act, on account of the death of his spouse, siblings or lineal ascendants or descendants residing over seas. In this case, the cancellation of a restriction on an issuance of passport, etc. shall be the shortest period required for achieving the relevant travel purposes. |
[This Article Added by Presidential Decree No. 14361, Aug. 19, 1994]
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| Article 27 (Procedures for Imposition and Collection of Fine for Negligence) |
| (1) | Where a fine for negligence is imposed under Article 13-2 of the Act, a person subject to a disposition of fine for negligence shall be notified of the payment of the fine for negligence, by clarifying in writing the fact of violation and the amount of fine for negligence, etc., after investigating and confirming the relevant offenses. |
| (2) | The Minister of Foreign Affairs and Trade shall, where he intends to impose a fine for negligence under paragraph (1), provide a person subject to a disposition of fine for negligence with an opportunity to state his opinion orally or in writing by fixing the period of not less than 10 days. In this case, where there exists no opinion by the fixed date, it shall be deemed to have no opinions. |
| (3) | In determining the amount of a fine for negligence, the Minister of Foreign Affairs and Trade shall take account of the motive of relevant offense and its consequences, etc. |
| (4) | Procedures for collecting a fine for negligence shall be prescribed by the Ministerial Decree of Foreign Affairs and Trade. |
[This Article Added by Presidential Decree No. 16577, Oct. 20, 1999]
ADDENDA
| (1) | (Enforcement Date) This Decree shall enter into force on January 1, 1975. |
| (2) | (General Transitional Measures for Previous Passports) Passports or travel certificates issued already before the enforcement date of this Decree shall be considered to have been issued under this Decree, except for the passports as provided in the following paragraphs (3) through (6), but the old-type passports from among previous ordinary passports shall be deemed to be as the multiple ordinary passports under this Decree. |
| (3) | (Transitional Measures for Old-Type Passports from among Ordinary Passports) Multiple or old-type passports from among the ordinary passports issued for commercial or cultural purposes before the enforcement date of this Decree shall lose their validity simultaneously with the enforcement of this Decree: Provided, That this shall not be applicable to those whose validity has been confirmed under the conditions as pre scribed by the Minister of Foreign Affairs. |
| (4) | (Transitional Measures for Single Passports and Passports held by Korean Residents abroad from among Ordinary Passports) From among the ordinary passports issued already before the enforcement date of this Decree, the single passports and those held by the Korean residents abroad for which 5 years elapsed from their issue date shall lose their validity if they are not renewed by the time as prescribed by the Ordinance of the Ministry of Foreign Affairs. |
| (5) | (Transitional Measures for Official Passports) Official passports al ready issued before the enforcement date of this Decree for which 5 years elapsed from their issue date or 5 years elapse within 6 months from the enforcement date of this Decree, shall lose their validity, if they are not renewed until June 30, 1975. |
| (6) | (Transitional Measures for Diplomatic Passports) Diplomatic passports issued before June 30, 1974 shall lose their validity on the enforcement date of this Decree. |
ADDENDA<Presidential Decree No. 7788, Sep. 4, 1975>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) Any application for issuance of a passport accepted already at the time of the enforcement of this Decree shall be subject to the previous provisions. |
ADDENDA<Presidential Decree No. 9563, Aug. 27, 1979>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) Any application for issuance of a passport ac cepted already at the time of the enforcement of this Decree shall be subject to the previous provisions. |
ADDENDA<Presidential Decree No. 10264, Mar. 28, 1981>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (3) | (Transitional Measures) Passports issued already at the time of the enforcement of this Decree shall be considered to have been issued under this Decree. |
ADDENDA<Presidential Decree No. 10437, Aug. 1, 1981>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 1, 1981: Provided, That the amended provisions of Article 4 (1) shall enter into force on January 1, 1983, and the amended provisions of Article 26, on October 1, 1981. Article 2 (Transitional Measures for Single Passports, etc. for Residential Purpose at Time of Enforcement of This Decree)
Passports valid at the time of the enforcement of this Decree which fall under any of the following subparagraphs shall be considered to have been issued as multiple passports under this Decree, but if they are intended to use continuously even after August 1, 1982, an application for their renewal into ones with new forms shall be made from October 1, 1981 to July 31, 1982:
| 1. | Single passports for residential purpose; and |
| 2. | Other single passports than those under subparagraph 1, whose validity term at the time of issuance is not less than 2 years, and their remaining validity term is not less than one year reckoning from the enforcement date of this Decree. |
Article 3 (Transitional Measures for Multiple Passports, etc. at Time of Enforcement of This Decree)
Multiple, official and diplomatic passports valid at the time of enforcement of this Decree which are intended to use continuously even after August 1, 1982, an application for their renewal into ones with new forms shall be made until July 31, 1982, and those which are not applied for a renewed issuance up to that time shall be considered to have their validity term expired, notwithstanding the provisions of Articles 6, 9 and 12. Article 4 (Renewed Issuance in New Form for Passports with Previous Form Issued after Enforcement Date of This Decree)
Passports shall be issued with the previous form not later than September 30, 1981 after the enforcement date of this Decree, but if they are intended to use continuously even after August 1, 1982, an application for their renewal into ones with new forms shall be made. In this case, the validity term of new passports shall be the same as the old ones, and the application for renewed issuance may be made only with a submission of a written application for renewed issuance, the old passport and one copy of a photograph, and the fee for the passport issuance shall be exempted.
Article 5 (Special Provisions for Passports Held by Korean Residents Abroad)
Notwithstanding the provisions of Articles 2 through 4 of the Addenda, any person who resides abroad as of July 31, 1982, holding a passport with the previous form, may apply for a renewed issuance of passport with the new form not later than December 31, 1983: Provided, That where he departs again from the country after a temporary return home from August 1, 1982 to December 31, 1983, he shall obtain a renewed issuance of passport with the new paper before his re-departure from the country.
[This Article Added by Presidential Decree No. 10901, Aug. 17, 1982]
ADDENDUM<Presidential Decree No. 10901, Aug. 17, 1982>
This Decree shall enter into force on July 31, 1982.
ADDENDA<Presidential Decree No. 11078, Mar. 25, 1983>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That from among the amended provisions of Article 26 (1), those having the Metropolitan City mayors of Busan and Taegu, the governors of Kangwon, Chung-buk, Chung-nam, Chun-buk, Chun-nam and Cheju Dos make a vicarious execution shall enter into force on April 1, 1983; those having the governor of Kyung-nam make a vicarious execution, on July 1, 1983; and those having the Seoul Special Metropolitan City Mayor and Incheon Metropolitan City Mayor, the governors of Kyonggi and Kyung-buk Dos make a vicarious execution, on the date as prescribed by the Ministerial Decree of Foreign Affairs. |
| (2) | (Transitional Measures for Vicarious Execution of Affairs of Issuance, etc. of Ordinary Passport) The Minister of Foreign Affairs may directly execute the affairs of issuance, etc. of ordinary passports up to Dec. 31, 1988 pursuant to paragraph (3) of the Addenda of the Amendment of the Passport Act (Act No. 3605). |
ADDENDA<Presidential Decree No. 11264, Nov. 24, 1983>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures for Passport Verification of Persons holding Multiple Passports with Five-Year Validity Term) Notwithstanding the amended provisions of Article 6-3 (1), any person who has obtained a multiple passport with 5-year validity term (excluding those for residential purpose) before the enforcement of this Decree, may be allowed to have his passport verified under the amended provisions of Article 6-3 within one year after the enforcement of this Decree. |
ADDENDUM<Presidential Decree No. 12249, Sep. 12, 1987>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM<Presidential Decree No. 12574, Dec. 31, 1988>
This Decree shall enter into force on January 1, 1989.
ADDENDUM<Presidential Decree No. 13183, Dec. 17, 1990>
This Decree shall enter into force on the date of its promulgation.
ADDENDA<Presidential Decree No. 14361, Aug. 19, 1994>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures for Passport and Travel Certificate, etc.) Any passport and travel certificate already issued at the time this Decree enters into force, shall be considered to have been issued under this Decree, and notwithstanding the provisions of the amended provisions of Article 2 (3), the passport forms prepared pursuant to the previous provisions may be used continuously even after this Decree enters into force. |
ADDENDUM<Presidential Decree No. 14765, Sep. 18, 1995>
This Decree shall enter into force on the date of its promulgation.
ADDENDA<Presidential Decree No. 15750, Apr, 1, 1998>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 1, 1998.
Articles 2 through 4 Omitted.
ADDENDA<Presidential Decree No. 15789, May 6, 1998>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures for Passport Forms Still Unused) If there exists any passport form still unused from among those under the previous provisions (including travel certificates; hereinafter the same shall apply), a passport may be issued by continuously using such forms still unused. |
| (3) | (Transitional Measures for Previous Passports) Passports which have been already issued before the enforcement date of this Decree and passports issued under paragraph (2) of the Addenda (hereinafter referred to as “previous passports”), shall be considered to have been issued under this Decree. |
| (4) | (Special Cases of Extension of Validity Term of Previous Passports) With respect to any person who intends to obtain an extension of the validity term of previous passports, a renewed passport under the amended pro visions of Article 2 (1) and (2) shall be issued to him. |
| (5) | (Special Case of Extending Validity Term of Previous Passport Abroad) From among persons who intend to get the validity term of their previous passports extended by the head of a competent diplomatic mission abroad under paragraph (4) of the Addenda, with regard to persons deemed to have no time to get their passports renewed into the new passport forms under Article 2 (1) and (2) in order to travel urgently to a third country, the head of a competent diplomatic mission abroad may extend just for once the validity term within the limit of 6 months on their previous passports. <Added by Presidential Decree No. 16577, Oct. 20, 1999> |
ADDENDUM<Presidential Decree No. 16577, Oct. 20, 1999>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM<Presidential Decree No. 17233, Jun. 8, 2001>
This Decree shall enter into force on the date of its promulgation.
ADDENDA<Presidential Decree No. 17269, Jun. 30, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2001. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDUM<Presidential Decree No. 18089, Aug. 21, 2003>
This Decree shall enter into force on the date of its promulgation.