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, and social integration, etc. <Amended on Jan. 26, 2012; Mar. 20, 2018>
[This Article Wholly Amended on May 14, 2010]
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| Article 2 (Definitions) |
The terms used in this Act are defined as follows: <Amended on Feb. 10, 2012; Mar. 18, 2014; Mar. 20, 2018; Jun. 9, 2020; Aug. 17, 2021>
| 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; |
| 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" 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 a person who executes any transaction belonging to the business of the said person on behalf of him or her; |
| 10-2. | The term “Regional Immigration Service” means a government office and an immigration detention center established by region pursuant to any statute to perform affairs for controlling immigration and the stay of aliens; |
| 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; |
| 15. | The term "biometrics information" means personal information, such as the fingerprint, face, iris, and palm vein of a person, which is used for verifying the identity of the person for the duties performed pursuant to this Act. |
| 16. | The term "departure waiting room" means a facility that the head of a Regional Immigration Service installs at a port of entry and departure to allow an alien falling under any subparagraph of Article 76 (1) to wait until his or her departure, in order to ensure the humanitarian treatment and smooth check-in of such alien and the safety in a security zone. |
[This Article Wholly Amended on 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 or she departs: Provided, That if the national cannot depart from a port of entry and departure due to extenuating circumstances, he or 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 on 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 collect nationals' biometrics information or request a related administrative agency to submit nationals' biometrics information held by the administrative agency, if necessary for departure inspections. <Newly Inserted on Mar. 29, 2016; Jun. 9, 2020> |
| (4) | Upon receipt of a request for cooperation under paragraph (3), no related administrative agency shall reject the request without justifiable ground. <Newly Inserted on Mar. 29, 2016> |
| (5) | Immigration control officials may utilize the biometrics information collected or submitted under paragraph (3) for departure inspections. <Newly Inserted on Mar. 29, 2016; Jun. 9, 2020> |
| (6) | The Minister of Justice shall manage the biometrics information collected or submitted under paragraph (3) in accordance with the Personal Information Protection Act. <Newly Inserted on Mar. 29, 2016; Jun. 9, 2020> |
[This Article Wholly Amended on 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 is: <Amended on Jul. 18, 2011; Jul. 13, 2021> |
| 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 surcharge 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; |
| 6. | A person equivalent to those referred to in subparagraphs 1 through 5, whose departure is determined inappropriate by Ordinance of the Ministry of Justice, as he or 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 or 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 on Jul. 18, 2011; Mar. 16, 2021> |
| 1. | A person in respect whom it has been determined to stay prosecution or investigation (limited to suspects) due to his or 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 in respect whom it has been determined to stay prosecution or investigation (limited to suspects) 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 or she deems that the national falls under any subparagraph of paragraph (1) or (2) in connection with the affairs under his or her jurisdiction. <Amended on 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 on Jul. 18, 2011> |
| (5) | Except as provided 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 on Jul. 18, 2011> |
[This Article Wholly Amended on 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 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 on Jul. 18, 2011> |
| (3) | Except as otherwise provided 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 on 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 on Jul. 18, 2011> |
| (3) | Except as otherwise expressly 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 on May 14, 2010]
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| Article 4-4 (Notice of Decision 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 or 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 on Jul. 18, 2011> |
| (2) | The Minister of Justice shall immediately give notice to the person concerned when he or 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 on Jul. 18, 2011; 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 the Republic of Korea is unknown. |
[This Article Wholly Amended on May 14, 2010]
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| Article 4-5 (Filing Objections to Decisions 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 10 days of receiving a notice thereof or becoming aware of such fact. <Amended on Jul. 18, 2011> |
| (2) | The Minster of Justice shall decide the validity 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 on 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 opinion on examination 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. <Amended on Oct. 20, 2020> |
| (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 on Jul. 18, 2011]
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| Article 5 (Custody of Nationals’ Passport) |
If an immigration control official finds a national in possession of a forged or counterfeited passport or seafarers’ identity document, he or she may withdraw and take custody thereof.
[This Article Wholly Amended on 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 or 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 or 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 on Mar. 18, 2014> |
| (2) | If a national intends to enter the Republic of Korea without a valid passport as he or 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 collect nationals' biometrics information or request a related administrative agency to submit nationals' biometrics information held by the administrative agency, if necessary for entry inspections. <Newly Inserted on Mar. 29, 2016; Jun. 9, 2020> |
| (5) | Upon receipt of a request for cooperation under paragraph (4), no related administrative agency shall reject the request without justifiable ground. <Newly Inserted on Mar. 29, 2016> |
| (6) | Immigration control officials may utilize the biometrics information collected or submitted under paragraph (4) for entry inspections. <Newly Inserted on Mar. 29, 2016; Jun. 9, 2020> |
| (7) | The Minister of Justice shall manage the biometrics information collected or submitted under paragraph (4) in accordance with the Personal Information Protection Act. <Newly Inserted on Mar. 29, 2016; Jun. 9, 2020> |
[This Article Wholly Amended on 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 or 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 of 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 or 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 effective period 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 Alien 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 on Mar. 23, 2013; Mar. 18, 2014> |
[This Article Wholly Amended on May 14, 2010]
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| Article 7-2 (Prohibition of False Invitations) |
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 illegal 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 on May 14, 2010]
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| Article 7-3 (Prior Permission for Travel) |
| (1) | If deemed necessary for the maintenance of public order or the interests of the State, the Minister of Justice may allow any of the following aliens to obtain permission prior to his or her entry into the Republic of Korea (hereinafter referred to as "prior permission for travel"): |
| 1. | An alien who falls under Article 7 (2) 2 or 3; |
| 2. | An alien who may enter the Republic of Korea without a visa under other statutes. |
| (2) | When an alien who has obtained prior permission for travel shall hold a prior permit for travel when entering the Republic of Korea. |
| (3) | The criteria, procedures, and methods for issuing a prior permit for travel shall be prescribed by Ordinance of the Ministry of Justice. |
[This Article Newly Inserted on Feb. 4, 2020]
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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 or 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 on 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 on May 14, 2010]
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| Article 10 (Statuses of Stay) |
Every alien who intends to enter the Republic of Korea shall be granted a status of stay falling under any of the following subparagraphs:
| 1. | Standard status of stay: a status of stay by which a period of stay in the Republic of Korea is limited pursuant to this Act; |
| 2. | Status of permanent residency: a status of stay by which permanent residency in the Republic of Korea is permitted. |
[This Article Wholly Amended on Mar. 20, 2018]
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| Article 10-2 (Standard Status of Stay) |
| (1) | The standard status of stay under subparagraph 1 of Article 10 (hereinafter referred to as “standard status of stay”) shall be classified as follows: |
| 1. | Status of short-term stay: a status of stay by which it is permitted to stay in the Republic of Korea for not more than 90 days (where a period of stay exceeds 90 days pursuant to a visa exemption agreement or the reciprocity, such period of stay) for the purpose of tourism, visit, etc.; |
| 2. | Status of long-term stay: a status of stay by which it is permitted to stay in the Republic of Korea within a maximum period exceeding 90 days prescribed by Ordinance of the Ministry of Justice for the purpose of study, training, investment, presence for business, marriage, etc. |
| (2) | Types of status of short-term stay and status of long-term stay under paragraph (1), persons eligible for any type of status of stay or extent of activities under such status shall be prescribed by Presidential Decree in consideration of the purpose of stay, whether employment activities are permissible, etc. |
[This Article Newly Inserted on Mar. 20, 2018]
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| Article 10-3 (Status of Permanent Residency) |
| (1) | Limitations on the extent of activities and the period of stay shall not apply to an alien granted the status of permanent residency under subparagraph 2 of Article 10 (hereinafter referred to as “status of permanent residency”). |
| (2) | Persons who intend to acquire the status of permanent residency shall be persons eligible for the status of permanent residency prescribed by Presidential Decree and meet each of the following requirements: |
| 1. | He or she shall be of good conduct, such as observing the Acts and subordinate statutes of the Republic of Korea; |
| 2. | He or she shall be able to make a living, relying on the income, assets, etc. of his or her own or of a family member with whom he or she share livelihood; |
| 3. | He or she shall have basic knowledge necessary to continuously live as a national of the Republic of Korea, such as Korean language capability and the understanding of Korean society and culture. |
| (3) | Notwithstanding paragraph (2) 2 and 3, the Minister of Justice shall wholly or partially alleviate or exempt the requirements referred to in paragraph (2) 2 and 3 for the persons prescribed by Presidential Decree, such as those rendering distinguished services to the Republic of Korea, those with excellent capabilities in a 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. |
| (4) | Matters necessary for the standards, extent, etc. of the requirements under each subparagraph of paragraph (2) shall be prescribed by Ordinance of the Ministry of Justice. |
[This Article Newly Inserted on Mar. 20, 2018]
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| Article 11 (Prohibition of Entry) |
| (1) | The Minister of Justice may prohibit an alien from entering the Republic of Korea if the alien is: <Amended on 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 and Explosives; |
| 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 discriminating sense and has no person to assist his or her stay in the Republic of Korea, a person who cannot afford expenses incurred in relation to his or 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 on May 14, 2010]
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| Article 12 (Entry Inspections) |
| (1) | Every alien who intends to enter the Republic of Korea shall submit his or her passport and entry form to an immigration control official for an entry inspection at a port of entry and departure, as prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
| (2) | The proviso of Article 6 (1) and paragraph (3) of that 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 that: <Amended on Feb. 4, 2020> |
| 1. | His or her passport and the visa shall be valid: Provided, That the visa requirement shall be met only in cases required by this Act; |
| 1-2. | His or her prior permit for travel referred to in Article 7-3 (2) shall be valid; |
| 2. | The purpose of his or 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 or she shall not be subject to prohibition or refusal of entry under Article 11. |
| (4) | If an alien fails to prove that he or she satisfies the requirements provided for in the subparagraphs of paragraph (3), an immigration control official may refuse his or 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 on May 14, 2010]
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| Article 12-2 (Provision of Biometrics Information at Time of Entry) |
| (1) | Every alien who intends to enter the Republic of Korea shall provide his or her biometrics information in the manner prescribed by Ordinance of the Ministry of Justice and follow the procedures for verifying his or her identity when undergoing an entry inspection pursuant to Article 12: Provided, That this shall not apply to any of the following persons: <Amended on Jun. 9, 2020> |
| 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 or her accompanying family; |
| 3. | A person prescribed by Presidential Decree as needing to be exempted from provision of his or her biometrics information, in light of the promotion of friendly relationship and cultural exchange with a foreign country, facilitation of economic activities, the interests of the Republic of Korea, etc. |
| (2) | When an alien refuses to provide his or her biometrics information pursuant to the main clause of paragraph (1), an immigration control official may refuse the alien’s entry into the Republic of Korea. <Amended on Jun. 9, 2020> |
| (3) | The Minister of Justice may request relevant administrative agencies to submit an alien’s biometrics information retained by them, if necessary for conducting entry inspections. <Amended on Jun. 9, 2020> |
| (4) | No relevant administrative agency in receipt of a request for cooperation under paragraph (3) shall refuse such request without good cause. |
| (5) | An immigration control official may use the biometrics information provided or submitted under paragraph (1) or (3) for entry inspections. <Amended on Jun. 9, 2020> |
| (6) | The Minister of Justice shall keep and manage the biometrics information provided or submitted under paragraph (1) or (3), as prescribed by the Personal Information Protection Act. <Amended on Mar. 29, 2011; Jun. 9, 2020> |
[This Article Newly Inserted on May 14, 2010]
[Title Amended on Jun. 9, 2020]
[Previous Article 12-2 moved to Article 12-3 <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 the conduct referred to in subparagraph 1. |
[This Article Wholly Amended on May 14, 2010]
[Moved from Article 12-2; previous Article 12-3 moved to Article 12-4 <May 14, 2010>]
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| Article 12-4 (Custody of Alien’s Passport) |
| (1) | Article 5 shall apply mutatis mutandis to forged or counterfeited passports or seafarers’ identity documents of aliens. <Amended on 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 or she may withdraw and take custody thereof. |
[This Article Wholly Amended on May 14, 2010]
[Moved from Article 12-3 <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 on 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 any of the requirements 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 or 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 on 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 on 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 on May 14, 2010]
SECTION 2 Landing of Aliens
법령 이단보기
| Article 14 (Landing Permission for Crew) |
| (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 or 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: <Amended on Jun. 9, 2020> |
| 1. | A passport or 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 or 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 or she shall issue a crewman’s landing permit. In such cases, he or 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 crew landing permit. |
| (4) | Notwithstanding the latter part of paragraph (3), Article 12 shall apply mutatis mutandis to landing permission for crew member falling under paragraph (1) 2. |
| (5) | The head of a Regional Immigration Service may extend the period of landing permission for alien crew granted landing permission, where deemed necessary. <Amended on Mar. 18, 2014> |
| (6) | Crew 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: Provided, That this shall not apply where the crew is a seafarer and it is impracticable for him or her to be fingerprinted and photographed in following the procedures for obtaining landing permission. |
[This Article Wholly Amended on May 14, 2010]
법령 이단보기
| 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 expressly 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 on Jan. 26, 2012]
법령 이단보기
| 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, "crew landing permit" shall be construed as "emergency landing permit" and "landing permission for crew" 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 on May 14, 2010]
법령 이단보기
| 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 or 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 in Waters, or the captain of a ship, etc. that has rescued the aliens. <Amended on Mar. 18, 2014; Jul. 24, 2015> |
| (2) | Article 14 (3) and (5) shall apply mutatis mutandis to paragraph (1). In such case, "crew landing permit" shall be constructed as "landing permit in distress", and "landing permission for crew", 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 on May 14, 2010]
법령 이단보기
| Article 16-2 (Temporary Landing Permission for Refugees) |
| (1) | Where an alien on board a ship, etc. escapes from a territory in which he or she is afraid that his or 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 or 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 Alien Affairs. <Amended on Feb. 10, 2012; Mar. 23, 2013; 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" 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 on May 14, 2010]
CHAPTER IV STAY AND DEPARTURE OF ALIENS
법령 이단보기
| Article 17 (Stay and Scope of Activity of Aliens) |
| (1) | Every alien may stay in the Republic of Korea as permitted by his or 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 on May 14, 2010]
법령 이단보기
| 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 or 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 or her control in order to arrange the employment of such alien. |
[This Article Wholly Amended on May 14, 2010]
법령 이단보기
| Article 19 (Obligation to Report by Employers 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, as prescribed by Presidential Decree, if: <Amended on Mar. 18, 2014; Jun. 9, 2020> |
| 1. | He or she has dismissed the alien or the alien has resigned or died; |
| 2. | The whereabouts of the employed alien becomes unknown; |
| 3. | He or 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. |
| (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 on Oct. 15, 2014> |
[This Article Wholly Amended on May 14, 2010]
법령 이단보기
| 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 on 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 on 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 on Jan. 26, 2012> |
[This Article Wholly Amended on May 14, 2010]
[Title Amended on Jan. 26, 2012]
법령 이단보기
| Article 19-3 Deleted. <May 14, 2010> |
법령 이단보기
| Article 19-4 (Management 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 among statuses of stay 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 on Mar. 18, 2014; Mar. 20, 2018> |
| (2) | When any of the following grounds occurs, the head of a school referred to in paragraph (1) shall report (including reporting via a telecommunications network) thereon to the head of the competent Regional Immigration Service within 15 days, as prescribed by Presidential Decree: <Amended on Mar. 18, 2014; Jun. 9, 2020> |
| 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 or her study or training after expulsion from school, discontinued attendance, his or her disappearance, etc. |
| (3) | Matters necessary for the management of alien students shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on May 14, 2010]
법령 이단보기
| 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 or her original status of stay, he or she shall obtain prior permission to engage in such activities, other than those permitted under his or her original status of stay, from the Minister of Justice, as prescribed by Presidential Decree. <Amended on Jun. 9, 2020>
[This Article Wholly Amended on May 14, 2010]
법령 이단보기
| Article 21 (Change and Addition of Workplace) |
| (1) | If an alien staying in the Republic of Korea intends to change or add his or her workplace within the scope of his or her status of stay, he or she shall obtain prior permission from the Minister of Justice, as prescribed by Presidential Decree: 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 or her workplace, as prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
| (2) | No person shall employ any alien who fails to obtain prior permission to change or add his or her workplace under the main clause 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 of paragraph (1). |
[This Article Wholly Amended on May 14, 2010]
법령 이단보기
| 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 Korea or determine necessary matters to be observed by such alien.
[This Article Wholly Amended on May 14, 2010]
법령 이단보기
| Article 23 (Granting Status of Stay) |
| (1) | Where any of the following aliens stays in the Republic of Korea without obtaining a status of stay under Article 10, he or she shall obtain a status of stay, as prescribed by Presidential Decree, within the period classified as follows: |
| 1. | An alien born in the Republic of Korea: 90 days from the date of his or her birth; |
| 2. | An alien who has any other reason, such as loss or renunciation of the nationality of the Republic of Korea while staying in the Republic of Korea: 60 days from the date such reason occurs. |
| (2) | Standards for examining whether to grant a status of stay under paragraph (1) shall be prescribed by Ordinance of the Ministry of Justice. |
[This Article Wholly Amended on Jun. 9, 2020]
법령 이단보기
| 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 or her original status of stay, the alien shall obtain prior permission to change his or her original status of stay from the Minister of Justice, as prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
| (2) | A person who falls under any subparagraph of Article 31 (1) and intends to change his or her status of stay due to a change of his or her status shall obtain permission to change his or her original status of stay from the Minister of Justice within 30 days of the change of his or her status. |
| (3) | Standards for examining whether to grant permission to change a status of stay under paragraph (1) shall be prescribed by Ordinance of the Ministry of Justice. <Newly Inserted on Jun. 9, 2020> |
[This Article Wholly Amended on May 14, 2010]
법령 이단보기
| Article 25 (Permission to Extend Period of Stay) |
| (1) | Every alien who intends to continue to stay in excess of the permitted period of stay shall obtain permission to extend his or her period of stay from the Minister of Justice before the expiration of the permitted period of stay, as prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
| (2) | Standards for examining whether to grant permission to extend the period of stay under paragraph (1) shall be prescribed by Ordinance of the Ministry of Justice. <Newly Inserted on Jun. 9, 2020> |
[This Article Wholly Amended on May 14, 2010]
법령 이단보기
| Article 25-2 (Special Rules for Marriage Migrants) |
| (1) | Where any of the following aliens applies for permission to extend the period of stay, the Minister of Justice may grant permission to extend the period of stay until remedy procedures such as the relevant trial are completed: |
| 4. | An alien who is a victim of human trafficking, etc. defined in Article 3 of the Act on the Prevention of Human Trafficking and Protection of Victims, for whom a court trial, investigation by an investigative agency, or a remedy procedure under other statutes is pending. |
| (2) | If 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 or she may grant an extension of the period of stay. |
[This Article Wholly Amended on Dec. 13, 2022]
법령 이단보기
| Article 25-3 Deleted. <Dec. 13, 2022> |
법령 이단보기
| Article 25-4 Deleted. <Dec. 13, 2022> |
법령 이단보기
| Article 25-5 (Special Rules for Permission to Extend Period of Stay in Case of National Emergency) |
| (1) | If the departure of an alien is restricted without any reason attributable to the alien due to a war, an incident, the spread of a contagious disease, the close of a national boundary due to a natural disaster or emergency or crisis equivalent thereto, a long-term suspension of aircraft operation, or any other similar event in the Republic of Korea or any other country; the Minister of Justice may permit the extension of the period of stay ex officio or at the request of the alien, notwithstanding the provisions of this Act or other statutes. |
| (2) | Standards for examining whether to permit the extension of the period of stay under paragraph (1) shall be prescribed by Ordinance of the Ministry of Justice. |
| (3) | Where the Minister of Justice deems it necessary even after the expiration of the period of stay extended under paragraph (1), he or she may grant an extension of the period of stay. |
[This Article Newly Inserted on Feb. 3, 2022]
법령 이단보기
| Article 26 (Prohibition of Submission 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, 25-3, and 25-4: <Amended on Apr. 23, 2019> | 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 on Mar. 29, 2016]
법령 이단보기
| Article 27 (Carrying and Presentation of Passports) |
| (1) | Every alien staying in the Republic of Korea shall always carry his or 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 clause of paragraph (1) to present his or her passport, etc. in connection with the performance of his or her duty, the alien shall present his or her passport, etc. |
[This Article Wholly Amended on May 14, 2010]
SECTION 2 Departure of Aliens
법령 이단보기
| 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 or she departs. |
| (2) | The proviso of 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 counterfeited passport or seafarers’ identity document in the possession of an alien in cases falling under paragraphs (1) and (2). <Amended on 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 the biometrics information provided or submitted under Article 12-2 (1) or (3) for departure inspections. <Newly Inserted on Mar. 29, 2016; Jun. 9, 2020> |
[This Article Wholly Amended on May 14, 2010]
법령 이단보기
| 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 on Jul. 18, 2011> |
| (2) | Article 4 (3) through (5) and Articles 4-2 through 4-5 shall apply mutatis mutandis to paragraph (1). In such cases, the prohibition of departure shall be deemed as the suspension of departure. <Amended on Jul. 18, 2011; Mar. 20, 2018> |
[This Article Wholly Amended on May 14, 2010]
법령 이단보기
| Article 29-2 (Emergency Suspension of Alien’s Departure) |
| (1) | Where an alien who is a suspect of a crime falls under Article 4-6 (1), notwithstanding Article 29 (2), an investigation agency may request the immigration control officer conducting departure inspections to suspend the departure of such alien. |
| (2) | Article 4-6 (2) through (6) shall apply mutatis mutandis to the suspension of an alien’s departure under paragraph (1). In such cases, the prohibition of departure shall be deemed as the suspension of departure and the emergency prohibition of departure as the emergency suspension of departure. |
[This Article Newly Inserted on Mar. 20, 2018]
법령 이단보기
| Article 30 (Permission of Reentry) |
| (1) | Where 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 or 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 the status of permanent residency in the Republic of Korea and an alien determined by Ordinance of the Ministry of Justice as having a fair ground to be exempted from reentry permission. <Amended on Mar. 20, 2018> |
| (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) | Where 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 on May 14, 2010]
CHAPTER V REGISTRATION OF ALIENS AND SOCIAL INTEGRATION PROGRAMS
SECTION 1 Registration of Aliens
법령 이단보기
| 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 or 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 on 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 or her period of stay. <Newly Inserted on Mar. 29, 2016> |
| (3) | Notwithstanding the main clause of paragraph (1), 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 or she is granted the status of stay shall file for alien registration when he or she is granted the status of stay. <Amended on Mar. 29, 2016> |
| (4) | Notwithstanding the main clause, with the exception of the subparagraphs, of paragraph (1), a person who obtains permission to change his or her status of stay under Article 24 and continues to stay for more than 90 days from his or her entry shall file for alien registration when he or she obtains permission to change his or her status of stay. <Amended on 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 on Mar. 18, 2014; Mar. 29, 2016> |
[This Article Wholly Amended on May 14, 2010]
법령 이단보기
| Article 32 (Matters to Be Registered by Aliens) |
Matters to be registered by every alien under Article 31 are as follows: | 1. | Name, gender, date of birth, and nationality; |
| 2. | Number, date of issuance and effective period of his or her passport; |
| 3. | His or her workplace and position or work scope; |
| 4. | Address in his or her home country and place of stay in the Republic of Korea; |
| 5. | His or 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 on May 14, 2010]
법령 이단보기
| 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 need not issue such certificate. <Amended on Mar. 18, 2014> |
| (2) | When an alien to whom no alien registration certificate has been issued under the proviso of 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 or her place of stay within 90 days. <Amended on Mar. 18, 2014> |
| (3) | The validity period of an alien registration certificate issued to an alien granted the status of permanent residency (hereinafter referred to as a “permanent residency certificate”) shall be 10 years. <Newly Inserted on Mar. 20, 2018> |
| (4) | A person issued a certificate of permanent residency shall have it reissued before its validity period expires. <Newly Inserted on Mar. 20, 2018> |
| (5) | Matters necessary for procedures for re-issuing certificates of permanent residency under paragraph (4) shall be prescribed by Presidential Decree. <Newly Inserted on Mar. 20, 2018> |
[This Article Wholly Amended on May 14, 2010]
[Title Amended on Mar. 20, 2018]
법령 이단보기
| Article 33-2 (Special Cases concerning Re-issuance of Certificate of Permanent Residency) |
| (1) | Notwithstanding Article 33, a person granted the status of permanent residency at the time this Act (referring to the Partial Amendment to the Immigration Act (Act No. 15492); hereafter in this Article, the same shall apply) enters into force shall have the certificate of permanent residency re-issued by the head of the local immigration and aliens agency having jurisdiction over his or her staying district according to the following classifications: |
| 1. | A person for whom 10 years have elapsed since his or her acquisition date of status of permanent residency at the time this Act enters into force: within two years from the enforcement date of this Act; |
| 2. | A person for whom 10 years have not yet elapsed since his or her acquisition date of status of permanent residency at the time this Act enters into force: within two years from the date when 10 years have passed since his or her acquisition date of status of permanent residency. |
| (2) | The head of a regional immigration service having jurisdiction over the staying district of a person falling under any of the following subparagraphs shall send him or her a written notification of re-issuance of the certificate of permanent residency specifying the time-limit of applying for the re-issuance thereof without delay: Provided, That where it is difficult to send a written notification due to his or her unclear whereabouts, etc., such head shall make public notification in an official Gazette. |
| (3) | Notwithstanding Article 33 (3), the certificate of permanent residency a person who has been granted status of permanent residency pursuant to the previous provisions at the time this Act enter into force shall be deemed effective until he or she has the certificate of permanent residency re-issued pursuant to paragraph (1). |
| (4) | Matters necessary for procedures, etc. for re-issuing certificates of permanent residency under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 20, 2018]
[Previous Article 33-2 moved to Article 33-3 <Mar. 20, 2018>]
법령 이단보기
| Article 33-3 (Prohibition against Use of Alien Registration Certificates as Means to Secure Fulfillment of Debt Obligation) |
No person shall engage in any of the following conduct: <Amended on Mar. 29, 2016>
| 1. | Having an alien provide his or her passport or alien registration certificate to a third person, coercing an alien into providing his or her passport or alien registration certificate to a third person, or arranging to have an alien provide his or 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 or 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 or 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 or her own or a third party's interest in goods or property. |
[This Article Wholly Amended on May 14, 2010]
[Moved from Article 33-2 <Mar. 20, 2018>]
법령 이단보기
| Article 34 (Preparation and Management of Alien Registration Cards) |
| (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 a 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/Gu (including a Gu which is not an autonomous Gu; hereafter in this Article and Articles 36 and 37, the same shall apply) or an Eup/Myeon/Dong in which the alien stays. <Amended on Jan. 26, 2012; Mar. 18, 2014; Jul. 24, 2015; Mar. 20, 2018> |
| (2) | Upon receipt of the alien registration card under paragraph (1), the head of a Si/Gun/Gu or Eup/Myeon/Dong hall enter the registered matters in the register of aliens to manage such information. <Amended on Mar. 20, 2018> |
| (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 on May 14, 2010]
법령 이단보기
| 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 or her place of stay within 15 days, as prescribed by Presidential Decree, if any of the following matters is changed: <Amended on Mar. 18, 2014; Jun. 9, 2020> | 1. | Name, gender, date of birth, and nationality; |
| 2. | Number, date of issuance, and effective period of his or 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 on May 14, 2010]
법령 이단보기
| Article 36 (Reporting on Change in Place of Stay) |
| (1) | If an alien who has filed for registration under Article 31 changes his or her place of stay, the alien shall file a moving-in report with the head of the Si/Gun/Gu 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 15 days from the date the alien moves into the new place of stay. <Amended on Mar. 18, 2014; Mar. 29, 2016; Mar. 20, 2018; Jun. 9, 2020> |
| (2) | An alien shall present his or 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 on Mar. 18, 2014; 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 on Mar. 18, 2014; 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 promptly 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 on Mar. 18, 2014; 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 on 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 reporting person's alien registration card and manage it in accordance with Article 34 (2). <Amended on 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 promptly 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 on Mar. 18, 2014; Mar. 29, 2016> |
[This Article Wholly Amended on May 14, 2010]
법령 이단보기
| Article 37 (Surrender 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 or her alien registration certificate to an immigration control official: Provided, That this shall not apply in cases as follows: |
| 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 effective period 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 or her alien registration certificate, as prescribed by Presidential Decree. <Amended on 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 promptly notify the head of a Si/Gun/Gu or Eup/Myeon/Dong of the place of stay thereof, as prescribed by Presidential Decree. <Amended on Mar. 18, 2014; Mar. 20, 2018> |
| (4) | If it is deemed necessary in 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 on Mar. 18, 2014> |
| (5) | In cases falling under paragraph (4), if an alien reenters the Republic of Korea within the permitted period, he or she shall collect his or her alien registration certificate from the head of the competent Regional Immigration Service within 15 days after his or her reentry, and if he or she fails to reenter within the permitted period, his or her alien registration certificate shall be deemed surrendered under paragraph (1). <Amended on Mar. 18, 2014; Jun. 9, 2020> |
[This Article Wholly Amended on May 14, 2010]
법령 이단보기
| 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 or 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. | If 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 or her duties. |
| (2) | Matters necessary for procedures for canceling alien registration under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 29, 2016]
법령 이단보기
| Article 38 (Provision of Biometrics Information) |
| (1) | Any of the following aliens shall provide his or her biometrics information, as prescribed by Ordinance of the Ministry of Justice: <Amended on Mar. 29, 2016; Jun. 9, 2020> |
| 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); |
| 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 the period of stay, to an alien refusing to provide his or her biometrics information under paragraph (1). <Amended on Mar. 18, 2014; Jun. 9, 2020> |
| (3) | The Minister of Justice shall keep and manage the biometrics information provided under paragraph (1) in accordance with the Personal Information Protection Act. <Amended on Mar. 29, 2011; Jun. 9, 2020> |
[This Article Wholly Amended on May 14, 2010]
[Title Amended on Jun. 9, 2020]
법령 이단보기
| Article 38-2 (Sharing of Biometrics Information) |
| (1) | The Minister of Justice may provide biometrics information collected and processed pursuant to this Act to related agencies which request such biometrics information for the issuance of boarding passes for ships, etc., access to restricted areas at ports of entry and departure, boarding of ships, etc., and other affairs. |
[This Article Newly Inserted on Jun. 9, 2020]
SECTION 2 Social Integration Programs
법령 이단보기
| 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 the status of permanent residency, etc. <Amended on Mar. 20, 2018> |
| (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 fully or partially subsidize to 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 on Jan. 26, 2012]
법령 이단보기
| 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 on Jan. 26, 2012]
법령 이단보기
| 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 honorary office, and may be fully or partially reimbursed for expenses incurred in performing his or 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 on Dec. 30, 2014]
법령 이단보기
| Article 42 Deleted. <Feb. 5, 1999> |
법령 이단보기
| Article 43 Deleted. <Feb. 5, 1999> |
법령 이단보기
| Article 44 Deleted. <Feb. 5, 1999> |
법령 이단보기
| Article 45 Deleted. <Feb. 5, 1999> |
SECTION 1 Persons subject to Deportation
법령 이단보기
| 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 on Jan. 26, 2012; Mar. 18, 2014; Mar. 29, 2016; Mar. 20, 2018; Aug. 17, 2021> |
| 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 that Article; |
| 3. | A person who has become or is subsequently found to be subject to grounds for prohibition of entry provided 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 afore-said 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 or her workplace without obtaining permission, in violation of the main clause of Article 21 (1), or a person who employs an alien or arranges the employment of an alien, in violation of paragraph (2) of that Article; |
| 10. | A person who violates a restriction on his or her residence or the scope of activity, or other matters to be observed prescribed by the Minister of Justice under Article 22; |
| 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; |
| 13. | A person released after having been sentenced to imprisonment without labor or heavier punishment; |
| 14. | A person falling under any subparagraph of Article 76-4 (1); |
| 15. | Any other person prescribed 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, 13, and 14. |
| (2) | Notwithstanding paragraph (1), no alien granted the status of permanent residency shall be deported from the Republic of Korea: Provided, That this shall not apply to any of the following persons: <Amended on Mar. 20, 2018> |
| 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 that 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 in Article 12-3 (1) or (2), or has abetted or aided a third person in such violation. |
[This Article Wholly Amended on May 14, 2010]
법령 이단보기
| Article 46-2 (Special Rules for Enforcement of Deportation) |
When an alien falling under any subparagraph of Article 25-2 (1) is subject to a pending court trial, investigation by an investigation agency, or remedy procedure under other statutes, the head of a Regional Immigration Service may postpone the enforcement of a written order of deportation under Article 62 or temporarily release the alien from detainment after making him or her deposit a bond under Article 65 while imposing restrictions on his or her residence or attaching other conditions necessary therefor. [This Article Newly Inserted on Dec. 13, 2022]
법령 이단보기
| 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 on May 14, 2010]
법령 이단보기
| 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 or 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 or her seal across the folds of each page, and sign or affix his or her name and seal to the interrogatory, and if the suspect is unable or refuses to affix his or 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 on May 14, 2010]
법령 이단보기
| 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 or her to hear his or her statement. |
| (2) | Article 48 (2) through (7) shall apply mutatis mutandis to statements of witnesses. |
[This Article Wholly Amended on May 14, 2010]
법령 이단보기
| Article 50 (Inspections and Requests for Presentation of Documents) |
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 or her to present documents or articles. [This Article Wholly Amended on May 14, 2010]
SECTION 3 Immigration Detention for Examinations and Decisions
법령 이단보기
| Article 51 (Immigration 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 on 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 on Mar. 18, 2014> |
| (4) | If an immigration control official has detained an alien for emergency reasons under paragraph (3), he or 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 or 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 on May 14, 2010]
법령 이단보기
| Article 52 (Period and Place of Detention) |
| (1) | A period for which an alien can be detained under Article 51 to examine and decide on whether the alien is subject to deportation, shall not exceed 10 days: Provided, That the period may be extended only once, by up to 10 days with permission from the head of the competent Regional Immigration Service in extenuating circumstances. <Amended on 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 on May 14, 2010]
법령 이단보기
| 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 on May 14, 2010]
법령 이단보기
| 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 give 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 on May 14, 2010]
법령 이단보기
| Article 55 (Objections to Detention) |
| (1) | A person detained under a detention order, or his or her legal representative, etc., may file an objection to his or her detention with the Minister of Justice via the head of the competent Regional Immigration Service. <Amended on Mar. 18, 2014> |
| (2) | Upon receipt of an objection filed under paragraph (1), the Minister of Justice shall promptly 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 on May 14, 2010]
법령 이단보기
| 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 obtained 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 deport 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 approval from the head of the competent Regional Immigration Service. <Amended on Mar. 18, 2014> |
[This Article Wholly Amended on May 14, 2010]
법령 이단보기
| Article 56-2 (Emergency Transfer of Detainees) |
| (1) | When it is deemed that no means of evacuation are available at a detention facility due to a natural disaster, 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 on 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 on Mar. 18, 2014> |
[This Article Wholly Amended on May 14, 2010]
법령 이단보기
| Article 56-3 (Respect 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 on 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 on Mar. 29, 2016> |
| (3) | The head of the competent Regional Immigration Service shall provide a detainee with treatment adjusted to his or her specific needs, if the detainee is: <Newly Inserted on Dec. 30, 2014; Mar. 29, 2016> |
| 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 or 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 on Dec. 30, 2014; Mar. 29, 2016> |
[This Article Wholly Amended on May 14, 2010]
법령 이단보기
| 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 or her flight, and maintaining the security of and order in a detention facility: |
| 1. | When he or she intends to commit suicide or self-injury; |
| 2. | When he or she inflicts harms on other persons or intends to do so; |
| 3. | When he or she escapes or intends to do so; |
| 4. | When he or she refuses, interferes with or evades the performance of duties by an immigration control official without good cause; |
| 5. | When he or she engage 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, etc. for deportation of a detainee, an immigration control official may use any of the following protective equipment: |
| 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, etc. for deportation of detainees. |
| (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 on May 14, 2010]
법령 이단보기
| Article 56-5 (Examination of Bodies) |
| (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 on Mar. 18, 2014> |
[This Article Wholly Amended on May 14, 2010]
법령 이단보기
| Article 56-6 (Visits) |
| (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 on 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 on May 14, 2010]
법령 이단보기
| Article 56-7 (Safety Measures Using Image Data Processing Devices) |
| (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 on 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 on May 14, 2010]
법령 이단보기
| 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 on 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 on 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 on May 14, 2010]
법령 이단보기
| Article 56-9 (Posting Procedures 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 on Mar. 18, 2014> [This Article Newly Inserted on May 14, 2010]
법령 이단보기
| Article 57 (Supplies to and Management of Detainees) |
Except as otherwise expressly 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 on May 14, 2010]
SECTION 4 Examinations and Filing Objections
법령 이단보기
| 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 promptly examine and determine as to whether the suspect falls under any subparagraph of Article 46 (1). <Amended on Mar. 18, 2014> [This Article Wholly Amended on May 14, 2010]
법령 이단보기
| 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 or she shall inform the suspect, without delay, of the determination and immediately release the suspect if he or she is detained. <Amended on 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 or she may make a deportation order. <Amended on Mar. 18, 2014> |
| (3) | When making 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 on 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 on Mar. 18, 2014> |
[This Article Wholly Amended on May 14, 2010]
법령 이단보기
| 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 on Mar. 18, 2014> |
| (2) | Upon receipt of the written objection under filed 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 on 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 on 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 or she shall inform the suspect, without delay, of such decision and immediately release the suspect if the suspect is detained. <Amended on 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 or she shall inform the suspect of such decision without delay. <Amended on Mar. 18, 2014> |
[This Article Wholly Amended on May 14, 2010]
법령 이단보기
| 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 need to stay in the Republic of Korea, the Minister of Justice may permit his or 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 on May 14, 2010]
SECTION 5 Execution of Written Orders of Deportation
법령 이단보기
| 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 on 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 or 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 on 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 on Feb. 10, 2012> |
| 1. | Where he or she applied for refugee status pursuant to the Refugee Act but a decision on whether to grant refugee status has not been made; |
[This Article Wholly Amended on May 14, 2010]
법령 이단보기
| 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 or she can repatriate the person. <Amended on 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 on Mar. 18, 2014> |
| (3) | The head of a Regional Immigration Service shall immediately release the person from detention if he or she fails to obtain approval under paragraph (2). <Amended on Mar. 18, 2014> |
| (4) | If it becomes obviously impossible to repatriate a person subject to a deportation order for such reasons, as his or her entry into another country being rejected, the head of a Regional Immigration Service may release the person from detention. <Amended on 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 or her residence or may impose other necessary conditions. <Amended on 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 on May 14, 2010]
법령 이단보기
| 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 or she had resided before he or she entered the Republic of Korea; |
| 2. | The country where he or she was born; |
| 3. | The country to which the port at which he or 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 or she desires to be repatriated. |
| (3) | Deleted. <Feb. 10, 2012> |
[This Article Wholly Amended on May 14, 2010]
SECTION 6 Temporary Release from Detention
법령 이단보기
| Article 65 (Temporary Release from Detention) |
| (1) | Ex officio or upon receipt of a request made by a detainee, 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 or her residence, taking into consideration the circumstances of such detainee, grounds for requesting a temporary release, assets, and other matters. |
| (2) | Procedures for requests for temporary release from detention, the deposit and return of bonds under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 20, 2018]
법령 이단보기
| 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 on 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 good cause; |
| 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 or 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 on 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 on May 14, 2010]
법령 이단보기
| Article 66-2 (Posting of Procedures for Temporary Release from Detention) |
The head of a regional immigration service shall post procedures for temporary release from detention and the revocation thereof under Articles 65 and 66 at a readily visible place in the detention facility. [This Article Newly Inserted on Mar. 20, 2018]
SECTION 7 Recommendations for Departure
법령 이단보기
| 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 on 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 on 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 on May 14, 2010]
법령 이단보기
| Article 68 (Departure Orders) |
| (1) | The head of a Regional Immigration Service may order an alien to depart from the Republic of Korea if: <Amended on Mar. 18, 2014; Mar. 20, 2018> |
| 1. | The alien is deemed to fall under any subparagraph of Article 46 (1), but intends to depart voluntarily at his or her own expense; |
| 2. | The alien has received a recommendation for departure under Article 67, but fails to comply therewith; |
| 3. | Any of his or her permission, etc. has been revoked under Article 89; |
| 3-2. | A person whose status of permanent residency has been revoked pursuant to Article 89-2 (1): Provided, That a person granted the standard status of stay pursuant to Article 89-2 (2) shall be excluded; |
| 4. | 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. | 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 making a departure order under paragraph (1), the head of the Regional Immigration Service shall issue a written order of departure. <Amended on 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, impose restrictions on residence or other necessary conditions, and, if necessary, allow a performance guarantee of up to 20 million won to be deposited, as prescribed by Ordinance of the Ministry of Justice. <Amended on Oct. 20, 2020> |
| (4) | The head of a Regional Immigration Service shall promptly 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), and may revert all or part of the performance guarantee deposited to the National Treasury. <Amended on Mar. 18, 2014; Oct. 20, 2020> |
| (5) | Procedures for depositing, returning, and reverting to the National Treasury a performance guarantee under paragraphs (3) and (4) shall be prescribed by Presidential Decree. <Newly Inserted on Oct. 20, 2020> |
[This Article Wholly Amended on May 14, 2010]
CHAPTER VII SEARCH OF SHIPS
법령 이단보기
| Article 69 (Searches and Examinations of Ships) |
| (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 on Mar. 18, 2014> |
| (3) | In making a search under paragraph (1) or (2), an immigration control official shall examine the following matters: |
| 1. | Whether the crew 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 making 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. present. |
| (5) | In order to verify the identity of the crew 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 on 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. leaves the port. <Amended on Mar. 18, 2014> |
[This Article Wholly Amended on May 14, 2010]
법령 이단보기
| Article 70 (Provisions Applicable Mutatis Mutandis to Searches of Ships for Domestic Navigation) |
| (1) | Chapters VII and VIII shall apply 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 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 on Dec. 12, 2017> |
[This Article Wholly Amended on Mar. 29, 2016]
법령 이단보기
| Article 71 (Suspension 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 or she may suspend the departure or entry of any relevant crew or passenger. <Amended on 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 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's access to the ship, etc. <Amended on 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's access to a ship, etc. under paragraph (4), he or she shall, without delay, notify the captain of the ship, etc. or the forwarding agent thereof. This shall also apply where he or she revokes such order for temporary suspension of entry or return, or restriction on access. <Amended on 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 or her duties. |
[This Article Wholly Amended on May 14, 2010]
법령 이단보기
| 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 and passengers of the ship, etc. or any person permitted to enter the ship, etc. pursuant to other statutes. <Amended on 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 on May 14, 2010]
CHAPTER VIII RESPONSIBILITY OF CAPTAINS OF SHIPS AND FORWARDING AGENTS
법령 이단보기
| Article 73 (General Obligations of Forwarding Agents) |
The captains of ships, etc. or forwarding agents shall comply with the following: <Amended on 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 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 verify 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 an entry or departure 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 entry or 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 or her duties in searching ships, etc. and conducting entry or departure inspections. |
[This Article Wholly Amended on May 14, 2010]
법령 이단보기
| Article 73-2 (Perusal and Provision 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 or appears highly likely to fall under any subparagraph of Article 11 (1). |
| (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, effective period, 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; |
| 7. | Method of settling purchase price for airline tickets; |
| 8. | Place of departure and final destination; |
| (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 and entry, the forwarding agent shall submit the information in a standardized electronic document without delay: 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 on Mar. 29, 2016; Jun. 9, 2020> |
| 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 arrival; |
| 5. | Whether the passenger makes a transit; |
| 6. | Biometrics information. |
| (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 on Mar. 18, 2014> |
| (5) | Upon finding a person ineligible for boarding a ship, etc. due to his or her failure to meet any of the requirements for departure or entry provided 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 or the relevant forwarding agent to prevent the person from boarding. <Newly Inserted on Mar. 29, 2016> |
| (6) | No immigration control official designated pursuant to paragraph (4) shall divulge the information he or she has obtained from reservation information systems in the course of performing his or 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 on 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 on Mar. 29, 2016> |
[This Article Newly Inserted on May 14, 2010]
[Title Amended on Mar. 29, 2016]
법령 이단보기
| 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 notify, without delay, the head of the competent Regional Immigration Service thereof. <Amended on Mar. 18, 2014>
[This Article Wholly Amended on May 14, 2010]
법령 이단보기
| 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 on 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 or she may submit it, without delay, 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 or she shall promptly report such fact to the head of the competent Regional Immigration Service and prevent the person from landing. <Amended on 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 on Jan. 26, 2012; 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 on May 14, 2010]
법령 이단보기
| Article 76 (Obligation to Repatriate) |
| (1) | When the head of a Regional Immigration Service issues an order to repatriate an alien falling under any of the following subparagraphs (hereinafter referred to as "alien subject to repatriation"), the captain of a ship, etc. on which the alien subject to repatriation arrived or a forwarding agent shall without delay repatriate the alien subject to repatriation to outside the Republic of Korea at his or her expense (referring to expenses incurred in transportation, such as air fares and freight rates) and liability: <Amended on Jan. 26, 2012; Dec. 12, 2017; Mar. 20, 2018; Aug. 17, 2021> |
| 1. | Deleted; <Aug. 17, 2021> |
| 2. | Deleted; <Aug. 17, 2021> |
| 3. | A person whose entry is not permitted 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 or 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) | When the head of a Regional Immigration Service issues a repatriation order pursuant to paragraph (1), he or she may designate a repatriation period in consideration of the plan for the operation of a ship, etc., the status of passenger reservation, etc.: Provided, That the repatriation period may be postponed, if the captain of a ship, etc. or a forwarding agent gives an explanation of unavoidable reasons why he or she is unable to complete the repatriation within the period. <Amended on Aug. 17, 2021> |
| (3) | Matters necessary for the methods and procedures for a repatriation order provided in paragraph (1), the designation of a repatriation period provided in paragraph (2), and the postponement thereof shall be prescribed by Ordinance of the Ministry of Justice. <Newly Inserted on Aug. 17, 2021> |
[This Article Wholly Amended on May 14, 2010]
CHAPTER VIII-2 ESTABLISHMENT AND OPERATION OF DEPARTURE WAITING ROOM
법령 이단보기
| Article 76-2 (Repatriation Waiting Place) |
| (1) | An alien subject to repatriation shall wait in a departure waiting room until he or she departs from the Republic of Korea: Provided, That the head of a Regional Immigration Service may allow an alien subject to repatriation (including his or her legal representative, etc.) to wait at a designated place in a port of entry and departure, ex officio or upon request by the alien subject to repatriation, in consideration of the condition of the alien, reasons for the request, and other factors, as prescribed by Presidential Decree. |
| (2) | Articles 56-3, 56-5 through 56-7, and 57 shall apply mutatis mutandis to the operation and safety measures of departure waiting rooms, respect for human rights of aliens who enter departure waiting rooms, and supplies to and management of the aliens. In such cases, "detainee" shall be construed as "alien subject to repatriation", and "detention facility" as "departure waiting room". |
| (3) | Notwithstanding paragraph (1), the head of a Regional Immigration Service having jurisdiction over a port of entry and departure (referring to a port) in which no departure waiting room is established may request the captain of a ship, etc. on which an alien subject to repatriation arrived or a forwarding agent to manage the alien subject to repatriation, as prescribed by Ordinance of the Ministry of Justice. In such cases, the captain of the ship, etc. or the forwarding agent in receipt of such request for management shall manage the alien subject to repatriation within the ship until the alien departs from the Republic of Korea. |
[This Article Newly Inserted on Aug. 17, 2021]
법령 이단보기
| Article 76-3 (Bearing of Management Expenses) |
| (1) | Where an alien subject to repatriation waits at a repatriation waiting place provided in Article 76-2 (1) or (3), the State shall bear management expenses, such as expenses for lodging and board, until the alien subject to repatriation departs from the Republic of Korea, as prescribed by Presidential Decree. |
| (2) | Notwithstanding paragraph (1), where the captain of a ship, etc. on which an alien subject to repatriation arrived or a forwarding agent falls under any of the following cases, he or she shall bear management expenses, such as expenses for lodging and board, as prescribed by Presidential Decree: |
| 1. | Where he or she violates subparagraph 1, 2, or 4 of Article 73; |
| 2. | Where he or she fails to perform the obligation to repatriate under Article 76 (1) and (2) without good cause; |
| 3. | Where a person becomes an alien subject to repatriation due to a cause attributable to the captain of the ship, etc. or the forwarding agent, except as provided in subparagraphs 1 and 2. |
[This Article Newly Inserted on Aug. 17, 2021]
법령 이단보기
| Article 76-4 (Exercise of Coercive Force) |
| (1) | An immigration control official may exercise coercive power on an alien subject to repatriation in any of the following cases; in such cases, the exercise of coercive force shall be limited to the minimum extent necessary to protect the safety of the life and body of the alien subject to repatriation and to maintain the security and order of a facility: |
| 1. | Where the alien intends to commit suicide or inflict self-injury; |
| 2. | Where the alien inflicts harms on any other person or intends to do so; |
| 3. | Where the alien refuses, interferes with, or evades the performance of duties by an immigration control official without good cause; |
| 4. | Where the alien engages in conduct that significantly undermines the safety and order of a facility and any other person or intends to do so, except as provided in subparagraphs 1 through 3. |
| (2) | Article 56-4 (2) through (5) shall apply mutatis mutandis to the exercise of coercive force under paragraph (1). In such cases, "detainee" shall be construed as "alien subject to repatriation", and "detention facility" as "departure waiting room". |
[This Article Newly Inserted on Aug. 17, 2021]
CHAPTER VIII-3 ISSUANCE OF REFUGEE TRAVEL DOCUMENTS
법령 이단보기
| 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 or her application, a refugee travel document to the person, as prescribed by Presidential Decree: Provided, That this shall not apply where his or her departure is deemed to pose a threat to the security of the Republic of Korea. <Amended on Feb. 10, 2012> |
| (2) | A refugee travel document issued under paragraph (1) shall be valid for a period of three years. <Amended on 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 effective period of such document, without any limitation on the number of times. In such cases, the person need not obtain reentry permission under Article 30 at the time of entry into the Republic of Korea. <Amended on 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 effective period of such document due to a disease or other extenuating circumstances, the Minister of Justice may, upon his or her application, grant an extension of the effective period by up to six months. |
| (6) | The Minister of Justice may delegate the authority to grant extensions of the effective period under paragraph (5) to the heads of overseas diplomatic missions, as prescribed by Presidential Decree. |
[This Article Wholly Amended on May 14, 2010]
법령 이단보기
| Article 76-6 (Surrender of Certificates of Refugee Status Recognition) |
| (1) | A person granted refugee status under the Refugee Act shall surrender, without delay, his or her certificate of refugee status recognition or refugee travel document to the head of the competent Regional Immigration Service if: <Amended on Feb. 10, 2012; Mar. 18, 2014> |
| 1. | He or she is issued a written order of deportation under Article 59 (3), 68 (4) or 85 (1); |
| 2. | He or she is notified that his or her objection to a deportation order is groundless under Article 60 (5); |
| 3. | He or she is notified that the decision granting refugee status under the Refugee Act has been canceled 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 or 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 on May 14, 2010]
법령 이단보기
| 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 or her objection is deemed groundless. Article 61 (2) shall apply mutatis mutandis to such cases. <Amended on Feb. 10, 2012> [This Article Wholly Amended on May 14, 2010]
법령 이단보기
| Articles 76-8 (Entrustment of Administrative Affairs to Issue Refuge Travel Documents) |
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 on Mar. 29, 2016]
법령 이단보기
| Article 76-9 Deleted. <Feb. 10, 2012> |
법령 이단보기
| Article 76-10 Deleted. <Feb. 10, 2012> |
CHAPTER IX SUPPLEMENTARY PROVISIONS
법령 이단보기
| Article 77 (Carrying and Use of Arms) |
[This Article Wholly Amended on May 14, 2010]
법령 이단보기
| 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.: |
| 2. | Deleted; <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 on Mar. 29, 2016; Mar. 14, 2017; Mar. 20, 2018; Apr. 23, 2019; Jun. 9, 2020; Dec. 13, 2022> |
| 1. | Departure and entry inspection inspections (including the performance of duties under an agreement, where such agreement has been entered into with a foreign country concerning departure and entry inspections using informatization devices): Criminal history records, investigation records, information about passports issued, information about resident registration, computerized information about registration of family relationship, or information about transfer passengers or deceased aliens; |
| 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 entity'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, administrative dispositions, or deceased aliens; |
| 3. | Examination for various permits related to the stay of aliens: Criminal history records, investigation records, information about penalty payment, information about administrative fine payment, information about passports issued or resident registration, information about aliens' registration of motor vehicles, information about a business entity's temporary or permanent closure of business, tax payment certificates, information about aliens’ default of taxes, information about aliens' default related to national health insurance and long-term care insurance, information about aliens' default of administrative fines, computerized information about registration of family relationship, information about the current status of international marriage brokers and administrative dispositions, the current status of accommodations, the current status of tourist accommodations, the current status of urban home stay facilities for foreign tourists, the current status of hanok experience facilities, information about deceased aliens, or information about the income of aliens prescribed by Presidential Decree; |
| 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; information about the status of international marriage brokers and administrative dispositions; the current status of accommodations; the current status of tourist accommodations; the current status of urban home stay facilities for foreign tourists; the current status of hanok experience facilities, or information about deceased aliens; |
| 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 on 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 on Mar. 29, 2016> |
[This Article Wholly Amended on May 14, 2010]
법령 이단보기
| Article 79 (Persons Obligated to File Applications for Permission) |
Where any of the following persons is under 17 years of age, and fails to file an application for permission, etc., his or 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 or 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 or her status of stay under Article 24; |
| 4. | A person who is required to obtain an extension of his or 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 or her place of stay under Article 36. |
[This Article Wholly Amended on May 14, 2010]
법령 이단보기
| Article 79-2 (Filing Various Applications as Agents) |
| (1) | An alien, an employer of an alien, the head of an establishment that provides industrial technology training to an alien, or the head of a school where an alien student is either taking a course or participating in a training program (hereinafter referred to as "alien, etc.") may have a person who files an application, etc. on behalf of an alien with regard to his or her stay (hereinafter referred to as "agency") perform the following services: |
| 1. | An application for the issuance of visa issuance certificates under Article 9; |
| 2. | A report under Article 19 (1) (including cases applied mutatis mutandis pursuant to paragraph (2) of that Article); |
| 4. | A request for permission for activities under Article 20; |
| 5. | An application for change or addition of a workplace under the main clause of Article 21 (1); |
| 6. | A report on change or addition of a workplace under the proviso of Article 21 (1); |
| 7. | An application for the granting of a status of stay pursuant to Article 23 (1); |
| 8. | An application for permission to change a status of stay under Article 24; |
| 9. | An application for permission to extend a period of stay under Article 25 (1); |
| 10. | Other services prescribed by Ordinance of the Ministry of Justice regarding reports, applications, or receipt of documents, which are related to entry, departure, or stay of aliens. |
| (2) | A person who intends to become an agency shall meet the following requirements to file for registration with the Minister of Justice: |
| 1. | Qualifications for an attorney-at-law or a licensed administrative agent; |
| 2. | Completion of the educational course necessary for agency services; |
| 3. | Personnel who meet the requirements referred to in subparagraphs 1 and 2, in cases of corporations. |
| (3) | Where an agency performs any service prescribed in the subparagraphs of paragraph (1) (hereinafter referred to as "agency services"), it shall comply with the standard procedures for processing agency services prescribed by Ordinance of the Ministry of Justice. |
| (4) | Detailed matters regarding registration requirements for an agency under paragraph (2), registration procedures, and other matters necessary for the registration of an agency shall be prescribed by Ordinance of the Ministry of Justice. |
[This Article Newly Inserted on Jun. 9, 2020]
법령 이단보기
| Article 79-3 (Revocation of Registration of Agencies) |
| (1) | Where an agency falls under any of the following cases, the Minister of Justice may revoke the registration of the agency, suspend its agency services for up to six months, or issue a corrective order: Provided, That in cases falling under subparagraph 1 or 2, the registration of the agency shall be revoked: |
| 1. | Where it is registered by fraud or other improper means; |
| 2. | Where it performs agency services during the period of suspension of agency services; |
| 3. | Where it ceases to meet the registration requirements under Article 79-2 (2); |
| 4. | Where it violates the standard procedures for processing agency services under the proviso of Article 79-2 (3); |
| 5. | Where it receives a corrective order but fails to comply therewith; |
| 6. | Where it provides aliens, etc. with exaggerated or false information or is requested to perform services on behalf of them by providing exaggerated or false information; |
| 7. | Where it prepares or submits forged or altered documents or documents containing false information; |
| 8. | Where it fails to fulfill the duty of due care required of a good manager, such as losing or damaging documents assigned by an alien, etc. or neglecting to prepare and submit documents to be submitted to file a report or application related to entry, departure, or stay of an alien, etc. |
| (2) | Detailed criteria for administrative dispositions taken under paragraph (1) shall be prescribed by Ordinance of the Ministry of Justice. |
| (3) | The Minister of Justice shall hold a hearing where revoking the registration of an agency under paragraph (1). |
[This Article Newly Inserted on Jun. 9, 2020]
법령 이단보기
| 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; |
| 3. | Deleted. <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 on May 14, 2010]
법령 이단보기
| Article 81 (Investigation of Movements of Aliens by Immigration Control Officials) |
| (1) | In order to investigate whether an alien stays lawfully in compliance with this Act or any order issued under this Act and falls under any of the subparagraphs of Article 46 (1), 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: <Amended on Feb. 4, 2020> |
| 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 inquiries of the alien based on reasonable suspicion that he or 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 good cause. |
[This Article Wholly Amended on 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:
| 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 on May 14, 2010]
법령 이단보기
| Article 81-3 (Duty of Aliens to Provide Information) |
| (1) | Where an alien granted the status of short-term stay under Article 10-2 (1) 1 (hereinafter referred to as "short-term staying alien") stays in an accommodation operated by any of the following persons (hereinafter referred to as "accommodation business operator"), he or she shall provide materials prescribed by Ordinance of the Ministry of Justice such as a passport to the accommodation business operator, only in cases prescribed by Ordinance of the Ministry of Justice such as where a crisis alert is issued under the Infectious Disease Control and Prevention Act or a terror alert is issued under the Act on Counter-Terrorism for the Protection of Citizens and Public Security: |
| 2. | A person file for registration of his or her business as tourist accommodation business, urban home stay business for foreign tourists, or hanok experience business under the Tourism Promotion Act. |
| (2) | An accommodation business operator shall submit materials provided by a short-term staying alien to the Minister of Justice via the information and communications network prescribed by Ordinance of the Ministry of Justice (hereinafter referred to as "information and communications network") within 12 hours from when the short-term staying alien stays in the accommodation or an alert is issued under paragraph (1): Provided, That when it is impossible to submit the materials via the information and communications network due to any unavoidable cause, such as communication failures, they may be submitted in a manner prescribed by Ordinance of the Ministry of Justice. |
| (3) | An accommodation business operator shall retain and manage materials collected to conduct the affairs under paragraph (2) in accordance with the Personal Information Protection Act. |
| (4) | The Minister of Justice shall retain and manage the materials submitted by short-term staying aliens under paragraph (2) in accordance with the Personal Information Protection Act. |
| (5) | Matters necessary for procedures and methods for the establishment and operation of the information and communications network and submission of data under paragraph (2) shall be prescribed by Ordinance of the Ministry of Justice. |
[This Article Newly Inserted on Jun. 9, 2020]
법령 이단보기
| Article 82 (Carrying and Production of Certificates) |
An immigration control official or duly authorized public official shall carry a certificate indicating his or her authority, and produce it to relevant persons when performing the following duties: <Amended on 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 on May 14, 2010]
법령 이단보기
| Article 83 (Reporting on Immigration Offenders) |
Any person who finds a person suspected of violating this Act may report him or her to an immigration control official.
[This Article Wholly Amended on 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 or her duties, shall notify, without delay, 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 or her duties due to his or her notification in circumstances prescribed by Presidential Decree. <Amended on Jan. 26, 2012; 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 notify, without delay, the head of the competent Regional Immigration Service thereof: <Amended on Mar. 18, 2014> |
| 1. | Where it is determined to release the alien subject to execution of a penalty upon termination of his or 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 on 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 or her sentence. <Amended on 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 or 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 on 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 or 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 or her release from such a facility. <Amended on Mar. 18, 2014> |
[This Article Wholly Amended on 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 on 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 in this Act, if deemed particularly necessary with regard to a person who has never entered, or departed from, the Republic of Korea. <Amended on Jan. 26, 2012; Mar. 18, 2014; 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 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 on Mar. 18, 2014; Mar. 29, 2016> |
[This Article Wholly Amended on May 14, 2010]
[Title Amended on Mar. 29, 2016]
법령 이단보기
| Article 88-2 (Relationship between Alien Registration Certificates and Resident Registration Cards) |
| (1) | Where a resident registration card, 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 on May 14, 2010]
법령 이단보기
| Article 88-3 (Inspection and Issuance of Certificate of Alien's Stay) |
| (1) | A person who intends to inspect, or obtain the issuance of, a document attesting the name of an alien who has reported the seat of a specific building or facility as his or her place of stay and the date his or her place of stay changes (hereinafter referred to as "certificate of an alien's stay") may file an application with the head of a Regional Immigration Office, the head of an Eup/Myeon/Dong, or the head of a branch office. |
| (2) | Any of the following persons shall be eligible to file an application for inspecting, or obtaining the issuance of, a certificate of an alien's stay under paragraph (1): |
| 1. | The owner of a specific building or facility or a member of his or her household; a lessee thereof or a member of his or her household; or a person who enters into a sales or lease agreement for the building or facility; |
| 2. | A person mandated by the owner of a specific building or facility, a lessee thereof, or a person who enters into a sales or lease agreement for the building or facility; |
| 3. | A person who intends to apply for inspection or issuance on any of the following grounds: |
| (a) | Where a participant in an auction intends to participate in the auction pursuant to the relevant statutes or regulations; |
| (c) | Where a financial company, etc. prescribed by Presidential Decree intends to establish an open-end mortgage on a mortgaged house; |
| (d) | Where an enforcement officer intends to conduct an investigation on the current status under the court’s order to investigate the current status. |
| (3) | Items to be stated in a certificate of an alien's stay, procedures for applying for the inspection or issuance thereof, fees, and other necessary matters shall be prescribed by Ordinance of the Ministry of Justice. |
[This Article Newly Inserted on Dec. 13, 2022]
법령 이단보기
| Article 88-4 (Verification of Authenticity of Alien Registration Certificates) |
| (1) | Where requested to verify the authenticity of an alien registration certificate, the Minister of Justice may verify its authenticity. |
| (2) | The Minister of Justice may establish and operate an information system necessary to verify the authenticity of alien registration certificates. |
| (3) | Matters necessary for the procedures for verifying the authenticity of alien registration certificates, and the establishment, operation, etc. of the information system under paragraph (2) shall be prescribed by Ordinance of the Ministry of Justice. |
[This Article Newly Inserted on Dec. 13, 2022]
법령 이단보기
| Article 89 (Revocation and Change of Various Permission) |
| (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 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 on Jan. 26, 2012> |
| 1. | Where a referee withdraws his or her guarantee or there is no referee anymore; |
| 2. | Where it is found that the alien has obtain permission, etc. by false or other unlawful means; |
| 3. | Where the alien violates any of terms or conditions of permission; |
| 4. | Where any change in circumstances causes 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 or 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 on May 14, 2010]
법령 이단보기
| Article 89-2 (Special Cases concerning Revocation of Status of Permanent Residency) |
| (1) | Notwithstanding Article 89 (1), the Minister of Justice may revoke the status of permanent residency of any alien granted such status, only where he or she falls under any of the following subparagraphs: Provided That where he or she fall under subparagraph 1, his or her status of permanent residency shall be revoked: |
| 1. | Where he or she has acquired the status of permanent residency by fraud or improper means; |
| 3. | Where he or she has been sentenced to imprisonment with or without labor for violating this Act or any other Act within recent five years and his or her total period of finalized sentences is not less than three years; |
| 4. | Where a person prescribed by Presidential Decree, such as a person who has acquired the status of permanent residency based on any condition, such as maintaining a certain amount or more of investment in the Republic of Korea, violates such condition; |
| 5. | Where he or she has committed an act contrary to the national interest of the Republic of Korea in terms of national security, diplomatic relations, national economy, etc. |
| (2) | In cases of revoking the status of permanent residency pursuant to paragraph (1), upon receipt of an application by any alien, the Minister of Justice may grant the standard status of stay to such alien where he or she is deemed to need to continuously stay in the Republic of Korea and meets the standard status of permanent residency. |
| (3) | Article 89 (2) and (3) shall apply mutatis mutandis to the revocation of the status of permanent residency pursuant to paragraph (1). |
[This Article Newly Inserted on Mar. 20, 2018]
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 or 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 on 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 or 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 on May 14, 2010]
법령 이단보기
| Article 91 (Service of Documents) |
| (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 or her family members, referee, or head of the organization to which he or 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 or 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 on 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 on May 14, 2010]
법령 이단보기
| Article 91-2 (Digitization of Applications for Visa Issuance and Permission to Stay) |
| (1) | In order to efficiently process various issuance and permission affairs, the Minister of Justice may keep documents prescribed by Ordinance of the Ministry of Justice, among the documents submitted by a person who intends to apply for any of the following matters, by converting them into digitized documents under Article 5 (2) of the Framework Act on Electronic Documents and Transactions: |
| 1. | Issuance of visas and visa issuance certificates under Articles 8 and 9; |
| 2. | Permission for activities not covered by a status of stay under Article 20; |
| 3. | Granting of the status of stay under Article 23; |
| 4. | Permission to change a status of stay under Article 24; |
| 5. | Permission to extend the period of stay under Article 25; |
| 7. | Other matters deemed necessary by the Minister of Justice. |
| (2) | The Minister of Justice may entrust affairs regarding conversion of documents into digitized documents under paragraph (1) (hereafter in this Article referred to as "affairs for digitization") to a person with facilities and human resources prescribed by Ordinance of the Ministry of Justice: Provided, That a consultation shall be held with the Minister of Foreign Affairs where affairs for digitization are entrusted in a foreign country. |
| (3) | No current or former executive officer or employee of a corporation to which affairs for digitization are entrusted under paragraph (2) (hereinafter referred to as “agency for digitization”) shall divulge any confidential information that he or she has learned in the course of performing his or her duties to any third person or use such information for other purposes than his or her duties. |
| (4) | The Minister of Justice shall, when he or she keeps documents by converting them into digitized documents pursuant to paragraph (1), keep them in a file of the electronic data processing system used by the Ministry of Justice. In such cases, the details included in a file shall be deemed the same as those entered in the relevant documents. |
| (5) | Where an agency for digitization fails to meet the standards for facilities and human resources prescribed by Ordinance of the Ministry of Justice under paragraph (2), the Minister of Justice may request such agency for digitization to take a corrective measure, and where it fails to comply with the request for taking a corrective measure, the Minister of Justice may revoke the entrustment of affairs for digitization. In such cases, an opportunity to state its opinions shall be provided in advance. |
| (6) | Matters necessary for the methods of conducting affairs for digitization, the period of and procedures for entrustment and designation, and the management and supervision under paragraphs (1), (2) and (5) shall be prescribed by Ordinance of the Ministry of Justice. |
[This Article Newly Inserted on Apr. 23, 2019]
법령 이단보기
| Article 92 (Delegation of Authority and Entrustment of Duties) |
| (1) | The Minister of Justice may delegate part of his or her authority under this Act to the head of a Regional Immigration Services, as prescribed by Presidential Decree. <Amended on Mar. 18, 2014> |
| (2) | A Mayor (excluding the Special Metropolitan City Mayor and Metropolitan City Mayors) may delegate part of his or 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 on Jan. 26, 2012> |
| (3) | Part of the duties of the Minister of Justice under this Act may be entrusted to a corporation or organization having human resources or facilities for performing related duties, as prescribed by Presidential Decree. <Newly Inserted on Jun. 9, 2020> |
[This Article Wholly Amended on May 14, 2010]
[Title Amended on Jun. 9, 2020]
법령 이단보기
| Article 92-2 (Consultation on Permission for Navigation of Ships) |
In order to permit the navigation of ships, etc. that carry passengers from and to 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 and entry inspections can be conducted smoothly.
[This Article Newly Inserted on Mar. 29, 2016]
법령 이단보기
| Article 93 (Procedures for Travel 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 expressly 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 on May 14, 2010]
CHAPTER X PENALTY PROVISIONS
법령 이단보기
| 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 on Jan. 7, 2014> |
| 1. | A person detained or temporarily detained under this Act and falls under 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 70 million won: <Amended on Jan. 26, 2012; Jan. 7, 2014; Mar. 24, 2020> |
| 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 on 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 50 million won:
| 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 divulges confidential information that he or she has learned in the course of performing his or her duties to any third person or uses it for other purposes than his or her duties, in violation of Article 91-2 (3); |
| 2. | A person who commits a violation provided in any subparagraph of Article 93-2 (2) (excluding a person who commits such violation for profit-making). |
[This Article Wholly Amended on Mar. 24, 2020]
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 30 million won: <Amended on Jan. 26, 2012; Jan. 7, 2014; Mar. 29, 2016; Mar. 20, 2018; Apr. 23, 2019; Mar. 24, 2020>
| 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); |
| 5. | A person who lands without obtaining landing permission for crew 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 under Article 14 (3) or landing permission for tourism under Article 14-2 (3); |
| 7. | A person who overstays his or her authorized period of stay in the Republic of Korea or stays not in compliance with his or 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 or 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 or 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 or her original status of stay, in violation of Article 20; |
| 13. | A person who arranges, as his or her business, the employment of an alien who fails to obtain permission for change or addition of his or 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 or her status of stay, in violation of Article 24; |
| 17. | A person who continues overstaying his or her authorized period of stay in the Republic of Korea without obtaining an extension of his or her period of stay, in violation of Article 25; |
| 18. | A person who departs from the Republic of Korea without undergoing a departure inspection, in violation of Article 28 (1) or (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 on 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 10 million won: <Amended on 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 or her workplace without obtaining permission, in violation of the main clause of Article 21 (1), or a person who employs an alien who fails to obtain permission for change or addition of his or her workplace, in violation of Article 21 (2); |
| 7. | A person who violates his or 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 or her residence or other conditions imposed under Article 63 (5); |
| 10. | Deleted. <Feb. 10, 2012> |
[This Article Wholly Amended on May 14, 2010]
법령 이단보기
| Article 96 (Penalty Provisions) |
Any of the following persons shall be punished by a fine not exceeding 10 million won: <Amended on Mar. 29, 2016>
| 1. | A person who violates an order for temporary suspension of departure, an order for 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 on May 14, 2010]
법령 이단보기
| Article 97 (Penalty Provisions) |
Any of the following persons shall be punished by a fine not exceeding five million won: <Amended on Mar. 29, 2016; 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 or her business); |
| 2. | A person who arranges the employment of an alien who fails to obtain permission to change or add his or her workplace, in violation of Article 21 (2) (excluding a person engaged in it as his or 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 or 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 or her refugee travel document under Article 76-6 (2). |
[This Article Wholly Amended on May 14, 2010]
법령 이단보기
| 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 or her obligation to carry or present a passport, etc. under Article 27; |
| 2. | A person who violates his or her obligation to report any change on his or her place of stay under Article 36 (1). |
[This Article Wholly Amended on May 14, 2010]
법령 이단보기
| Article 99 (Persons who Attempt to Commit Crimes) |
| (1) | A person who plans or conspires to commit a crime provided in Article 93-2, subparagraphs 1 and 3 of Article 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 on Mar. 29, 2016; Apr. 23, 2019; Mar. 24, 2020> |
| (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 on 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 all of the following facts directly to the head of the competent Regional Immigration Service immediately after committing a violation, he or she shall be exempted from punishment only if such facts are proved: <Amended on Feb. 10, 2012; Mar. 18, 2014; Apr. 23, 2019; Mar. 24, 2020> | 1. | The fact that he or she is a refugee who has entered or landed in the Republic of Korea from a territory where he or she feared that his or 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 or she has committed the relevant violation due to fear referred to in subparagraph 1. |
[This Article Wholly Amended on 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: <Amended on Mar. 20, 2018; Jun. 9, 2020>
| 1. | A violation provided for in subparagraph 3 of Article 94; |
| 2. | A violation provided for in subparagraph 9 of Article 94; |
| 2-2. | A violation provided for in subparagraph 10 of Article 94; |
| 3. | A violation provided for in subparagraph 1 of Article 33-3, among violations provided for in subparagraph 19 of Article 94; |
| 4. | A violation provided for in subparagraph 20 of Article 94; |
| 5. | Employment of an alien who fails to obtain prior permission to change or add his or her workplace in violation of Article 21 (2), among violations 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 on 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 on Mar. 29, 2016; Mar. 20, 2018> |
| 1. | A person who violates his or her duty to report under Article 19; |
| 3. | A person who violates his or her duty to report under the proviso of Article 21 (1); |
| 4. | A person who fails to have a certificate of permanent residency re-issued in violation of Article 33 (4) or 33-2 (1); |
| 5. | 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: |
| 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 of not exceeding 500,000 won: <Amended on Mar. 29, 2016; Jun. 9, 2020> |
| 1. | A person who fails to apply for issuance of an alien registration certificate, in violation of Article 33 (2); |
| 1-2. | A short-term staying alien who fails to provide materials such as a passport, in violation of Article 81-3 (1); |
| 1-3. | An accommodation business operator who fails to submit materials provided by short-term staying aliens in violation of Article 81-3 (2), or submits false materials; |
| 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 in paragraphs (1) through (3) shall be imposed and collected by the heads of Regional Immigration Services, as prescribed by Presidential Decree. <Amended on Mar. 18, 2014> |
| (5) | The Minister of Justice may exempt an immigration offender from an administrative fine prescribed in this Act in consideration of his or her age and background, the motive for and consequences of a violation of the Act, capacity to bear an administrative fine, and other circumstances. <Newly Inserted on Mar. 24, 2020> |
[This Article Wholly Amended on May 14, 2010]
CHAPTER XI ACCUSATION AND DISPOSITION OF NOTICE
법령 이단보기
| 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 on 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 transfer the case to the head of the competent Regional Immigration Service without delay. <Amended on Mar. 18, 2014> |
[This Article Wholly Amended on May 14, 2010]
SECTION 2 Disposition of Notice
법령 이단보기
| 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 or 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 on 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 on 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 on Mar. 18, 2014> |
[This Article Wholly Amended on May 14, 2010]
법령 이단보기
| Article 102-2 (Payment of Penalties by Credit Cards) |
| (1) | A penalty may be paid by a credit card, debit card, etc. (hereinafter referred to as “credit card, etc.”) through a penalty payment service provider prescribed by Presidential Decree. In such cases, “penalty payment service provider” means an institution that performs settlement by credit cards, etc. using the information and communications network and that is designated as a penalty payment service provider as prescribed by Presidential Decree. |
| (2) | Where a penalty is paid by a credit card, etc. under paragraph (1), the date a penalty payment service provider approves such payment shall be deemed the payment date. |
| (3) | A penalty payment service provider may receive fees for payment service from a payer in return for providing service for the payment of penalties by means of a credit card, etc., as prescribed by Presidential Decree. |
| (4) | Matters necessary for the designation and operation of penalty payment service providers, fees for payment service, etc. shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Oct. 20, 2020]
법령 이단보기
| Article 103 (Criteria 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 or 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 on May 14, 2010]
법령 이단보기
| Article 104 (Method of Making Disposition of Notice) |
A disposition of notice shall be made through service of written notice.
[This Article Wholly Amended on May 14, 2010]
법령 이단보기
| 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 on 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 on Mar. 18, 2014> |
| (3) | Notwithstanding the main clause 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 on May 14, 2010]
법령 이단보기
| Article 106 (Prohibition against Double Jeopardy) |
When an immigration offender pays the penalty as notified, he or she shall not be punished again for the same case.
[This Article Wholly Amended on May 14, 2010]
ADDENDA <Act No. 4522, Dec. 8, 1992>
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 or 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 or 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 (Revision of other Acts)
| (4) | A citation of any provisions of the Immigration Act in other Acts, other than those referred to in paragraphs (1) through (3) shall be deemed a citation of the provisions of this Act, in lieu of the former provisions, if corresponding provisions exist herein. |
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. |
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 or 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 or 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 or her place of stay when he or 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 or her to permanent residency in the Republic of Korea shall be fingerprinted and photographed at the office or branch office having jurisdiction over his or 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 or 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. |
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 or 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 or 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 or her fingerprints and face to the head of the Regional Immigration Service having jurisdiction over his or 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.
ADDENDA <Act No. 15492, Mar. 20, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Status of Stay)
The amended provisions of Articles 10, 10-2 and 10-3 shall also apply to the persons who have applied for the status of stay before this Act enters into force and for whom the relevant procedures are in progress. Article 3 (Applicability to Validity Period of Certificate of Permanent Residency)
The amended provisions of Article 33 (3) shall begin to apply from the first person who has a certificate of permanent residency issued or re-issued after this Act enters into force. Article 4 (Applicability to Revocation of Status of Permanent Residency)
The amended provisions of Article 89-2 shall also apply to the persons for whom procedures for revoking the status of permanent residency under Article 89 are in progress as at the time this Act enters into force. Article 5 (Transitional Measure concerning Status of Stay)
The persons who has acquired status of stay pursuant to the previous provisions as at the time this Act enters into force shall be deemed to acquire the status of stay pursuant to this Act.
ADDENDA <Act No. 16344, Apr. 23, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 91-2 and 93-3 (1) shall enter into force six months after the date of its promulgation. Article 2 (Applicability)
The amended provision of Article 25-4 shall also apply to a child of an alien or a protector in whose case a trial in a court, an investigation by an investigative agency, or a procedure for remedying an infringement of his or her right under other statutes is proceeding as at the time this Act enters into force.
ADDENDUM <Act No. 16921, Feb. 4, 2020>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 81 (1) shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 17089, Mar. 24, 2020>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 17365, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Period during Which Status of Stay Is Granted)
The amended provisions of Article 23 (1) 2 shall also apply to a person who fails to obtain a status of stay for such reasons as loss or renunciation of the nationality of the Republic of Korea while staying in the Republic of Korea and for whom 60 days have not passed since the date the relevant reason for failing to obtain a status of stay arose as at the time this Act enters into force. Article 3 (Applicability to Deadline, etc. for Reporting on Changes in Matters Registered by Aliens)
The amended provisions of Articles 35, 36 (1), and 37 (5) shall also apply to aliens for whom the deadline for reporting or withdrawal that is extended to 15 days under the same amended provisions has not passed as at the time this Act enters into force. Article 4 (Transitional Measures concerning Registration of Agencies)
A person who is registered with the head of a Regional Immigration Service as an agency for civil petitions related to the stay of aliens, etc. as at the time this Act enters into force shall be deemed an agency registered under the amended provisions of Article 79-2: Provided, That the requirements prescribed in the subparagraphs of Article 79-2 (2) shall be met within one year on or after the date this Act enters into force.
ADDENDUM <Act No. 17509, Oct. 20, 2020>
ADDENDUM <Act No. 17934, Mar. 16, 2021>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 18295, Jul. 13, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force on July 13, 2021.
Article 2 (Applicability to Prohibition of Departure)
ADDENDUM <Act No. 18397, Aug. 17, 2021>
This Act shall enter into force one year after the date of its promulgation.
ADDENDUM <Act No. 18798, Feb. 3, 2022>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 19070, Dec. 13, 2022>
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 25-2 through 25-4 and 46-2 and Articles 2 and 3 (1) of the Addenda shall enter into force on January 1, 2023. Article 2 (Transitional Measures)
Permission to extend the period of stay under the previous provisions of Articles 25-2 through 25-4 as at the time this Act enters into force shall be deemed permission under the amended provisions of Article 25-2. [Enforcement Date: Jan. 1, 2023] Article 2
Article 3 Omitted.
