Immigration Control Law

IMMIGRATION CONTROL LAW & Relevant Rules.

Immigration Control Law

Enforcement Decree

CHAPTER 1 GENERAL PROVISIONS Article 1. (Purpose) The

purpose

of

this

Act

is

to

stipulate the matters concerning the entry into and departure from the Republic

of

Korea

(hereinafter

referred to as Korea) of Koreans and

foreigners,

the

foreigners

in

Korea,

procedures

for

the

stay

of

and

the

recognition

of

refugee status.

〈Revised Oct.12, 1993〉 Article 2 (Definition) For the purpose of this Act: 〈Revised Dec.10, 1993, Feb.5, 1999, Dec.5, 2002, Mar.24, 2005〉 1.

The

term

"national"

means

a

citizen of Korea. - 1 -

Enforcement Regulation

2.

The

term

"foreigner"

means

a

person who is not a Korean citizen. 2-2. The term "refugee" means a person

to

whom

the

"Convention

relating to the Status of Refugees" applies,

under

Article

1

of

the

"Convention relating to the Status of Refugees" (hereinafter referred to as the "Refugee Convention") or Article 1 of the "Protocol relating to the Status of Refugees" 3.

The

term

"passport"

passport

or

a

document

issued

means

refugee by

the

a

travel Korean

government, a foreign government, or

a

competent

international

organization, or other types of travel documents

which

the

Korean

government acknowledges as valid. 4. The term "seaman's identification certificate" means a document issued by

the

Korean

government

or

a

foreign government which certifies that the holder is a seaman 5.

The

term

"port

of

entry

and - 2 -

departure" means a harbor, airport, or other places designated by the Presidential Executive Order, through which people may enter and depart from Korea. 6. The term “head of a diplomatic mission

overseas"

means

ambassador,

an

minister,

consul-general, or consul of Korea who is residing overseas, or is the head of an organization performing the duties of

consular affairs.

7. Deleted 〈Feb.5, 1999〉 8. The term "vessels, etc." means ships,

airplanes,

trains,

other

transportation

carry

people

or

cars,

means things

or

which

between

Korea and any area outside Korea. 9. The term "crew" means people who perform their duties on these vessels, etc. 10.

The

term

“carrier"

means

a

person who operates the business using vessels, etc. or an agent who conducts

business

transactions

for - 3 -

the carrier. 11. The term "immigration detention room"

means

a

detain

foreigners

facility under

built this

to Act,

inside a local immigration office or branch office. 12. The term "immigration detention center" means a facility designated by the Presidential Executive Order, which is built to detain foreigners under this Act. 13. The term "immigration offender" means a person who is deemed to have committed any of the offences as

prescribed

in

Articles

93-2,

93-3, 94 through 99, 99-2, 99-3 and 100.

Immigration Control Law

Enforcement Decree - 4 -

Enforcement Regulation

CHAPTER 2 DEPARTURE AND

CHAPTER Ⅰ

CHAPTER 1. DEPARTURE AND

ENTRY OF NATIONALS Article 3 (Departure of a National) ① When a national intends to depart from Korea (hereinafter referred to

ENTRY OF NATIONALS Article 1 (Departure and Entry Inspection)

Article

1

(Departure

and

Entry

Inspection)

① When undergoing a departure

When ㅁ branch officer conducts the

as "departure"), s/he shall undergo,

inspection under Article 3 of the

entry and departure inspection for

with a valid passport, the departure

Immigration Control Act (hereinafter

national of the Republic of Korea

inspection conducted by an

referred to as "the Act”) or an entry

(hereinafter

immigration officer at the Port of

inspection under Article 6 of the Act,

"national") under the Immigration Act

Entry and Departure. However, if

a national of the Republic of Korea

(hereinafter

s/he is not able to do so due to

(hereinafter referred to as a “national”)

"Act"), the Enforcement Decree of

inevitable reasons, s/he may be

shall present a passport or seaman’s

the

allowed to depart from Korea after

pocketbook (hereinafter referred to as

referred

going through departure inspection at

the “passport, etc.”) and an arrival or

under Article 1 of the Decree in

a place other than the Port of Entry

departure card to the immigration officer

accordance with these Regulations, a

and Departure, with the approval of

and answer his/her questions.
branch officer shall verify whether or

the head of a local immigration

2005.7.5>

not the bearer of the passport is

branch office (hereinafter referred to

②

When conducting the departure or

referred referred

Immigration to

as

Act the

to to

as as

a a the

(hereinafter "Decree")

or

himself/herself, or his(her) passport

as the 'office head' or the head of

entry inspection as provided in paragraph

is

an immigration branch office

①, an immigration officer shall, confirm

entry into and departure from the

(hereinafter referred to as the

an eligibility of the relevant national to

country is restricted, or any other

'branch office head' with proper

a departure or entry, and other necessary

matters prescribed by the Minister

jurisdiction over the place.

matters.

of Justice.

〈Revised Mar.24, 2005〉

③ When having finished the departure or - 5 -

forged

or

altered,

or

his(her)

② Deleted〈Mar.24, 2005〉

entry inspection under paragraphs ① and

Article 2 (Filling-out of an Entry and

②, an immigration officer shall, stamp the

Departure Card, etc.)

passport, etc. and an arrival or departure

① A person who enters or departs

card with a seal of either departure or

from Korea shall fill out an entry

entry inspection.
and

1998.4.1, 2005.7.5>

referred to as an E/D card) under

④ If a national who is a crewman of a

departure

card

(hereinafter

the provisions of Article 1, section

ship, airplane, train, automobile or other

① of the Decree except the blank

transportation facilities (hereinafter

for Official Use Only. However, this

referred to as the “ship, etc.”) leaves or

shall not apply to the case that such

enters the Republic of Korea, an

a

immigration control official may

unavoidable circumstances.

substitute a submission of an arrival or

② A person who enters or departs

departure card and an affixing of a seal

from Korea shall correctly fill the ㄸ

of departure or entry inspection, with a

/D/ card out, under section ① of this

confirmation of a crew registration card

Article.

or seaman’s pocketbook,

③

notwithstanding the provisions of

whether

paragraphs ① and ③: provided that this

errors or any other incomplete things

shall not apply to the case of the first

in

leaving and the last entering the Republic

section ①, and if there are some

Article 4 (Prohibition of Departure)

of Korea of a crew of the ship, etc.

errors in the card, he or she shall

① The Minister of Justice may


correct them. In this case, the blank

2005.7.5>

for Official Use Only shall be filled

prohibit a national who falls under any of the following sub-paragraphs

⑤ A national who is a crewman of the - 6 -

person

a

the

cannot

branch or E/D

do

officer not card

so

due

shall

there

are

submitted

out by the branch officer.

to

verify some under


from departing from Korea:〈Revised

ship, etc. shall, where leaving the

Dec.29.2001〉

Republic of Korea for the first time, file

④ The submission of an E/D card

a crewman’s registration: provided that

may be omitted by the branch officer

deemed inappropriate for a criminal

this shall not apply to the case where he

under the provisions of Article 1,

investigation;

is a crewman of the ship, etc. operating

section ⑩ of the Decree. In this

irregularly.
case,

1997.6.28>

electronically process the entry and

1. A person whose departure is

2. A person who is pending in a criminal trial; 3. A person whose penal servitude or imprisonment penalty has not yet been completed; 4. A person who has been delinquent

⑥According Military national

to

Article

Service who

70

Act,

is

of

a

Apr. 20, 1994>

the

Korean

subject

to

the

the

branch

officer

shall

departure records without delay and store

therein.


Added

2005.7.8>

mandatory military duty shall submit

in paying ㅁ fine or additional charge

the

not less than the amount as

overseas

travel

prescribed in the Justice Minister's

granted(inclusive

of

extension

① The head of the branch office

Order;

of such a period).
(hereinafter referred to as the ‘office

2008.7.3>

head' or the head of its sub-branch

5. A person who has unjustifiably

certification

that

the permit the

of was

Article 3 (Management of Entry and Departure Card)

failed to pay, by the payment

⑦

office (hereinafter referred to as the

deadline, national tax, customs or

⑧ With respect to a national who intends

"head of the sub-branch office") of

local tax of not less than the

to enter the Republic of Korea without

the

amount as prescribed in the Justice

a valid passport or sea- man’s

deliver without delay an E/D card

Minister's Order; and

pocketbook under Article 6 ② of the Act,

under the provisions of Article 2 to

an immigration officer shall require such

the head of the office who manages

specified under sub-paragraphs 1

persons to present a document capable

information

through 5, whose departure is

of verifying that he/she is a national, and

the Minister of Justice (hereinafter

deemed inappropriate by the Justice

examine thereon, and also confirm the

referred

6. Other persons similar to those

- 7 -

Immigration

to

authorities

network as

the

shall

designated "head

of

by the

Minister's Order as there existㄴ

fact of his/her departure, etc.
information

some concerns about undermining

2005.7.5>

office").

⑨ When he has verified that the person

the national interest, the public

②

network

management



The

head

of

the

safety, or the economic stability of

is a national as a result of an examination

network

Korea.

under paragraph ⑧, an immigration

electronically process the E/D cards

officer shall stamp his arrival or departure

under section ①, collect them in the

card with an entry inspection seal.

information record storage, etc. and

② In conducting the departure inspection, an immigration officer shall not allow a person whose

⑩ The required submission of

management

information office

shall

manage therein

departure is prohibited under

entry/departure card can be cancelled

paragraph ① to depart from Korea.

despite the provisions in Articles 1,3,4,

network

and 9, only when it is possible for an

make up a list of persons who enter

immigration officer to collect individual

and depart from Korea with respect

entry/departure records via the means

to

of information technology such as

processing under the provisions of

for the extension for the prohibition

automatic passport reader or when it is

Article 2, sections ② and ④, and

of departure is recognized by the

determined by Ministry of

manage therein

Minister of Justice, he can take the

Justice.

Article 4-2(Extension of the Period for the prohibition of departure) ① When there is the continued need

③

The

the

head

of

the

management

results

of

information office

shall

electronic

Article 4 (Registration of a

proper and necessary measures to

data

Crew

member, etc.)

extend the period for the prohibition

① A crew member (excluding a crew

of departure. agency

member on board the vessel, etc.

the

which runs irregularly) shall submit a

prohibition of departure according to

passport, a crew registration report

Article

along

②

When

the

(agencies) 4-2

head(s)

requesting finds

the

of for

needs

to

with

certificate

continuously extend the prohibition - 8 -

one of

photograph

employment

and to

a the

of

departure

determined

after

period,

the

initially

he/she

branch officer if he or she intends to

shall

file a crew registration

card under

request the continuous extension of

the provisions of Article 1, section

the

⑤

period

departure,

for three

the

prohibition

days

before

of

②

prohibition of extension, Other

issues

a

branch

registration

officer number

shall after

grant

a

verifying

the eligibility for a crew member,

procedures for the extension of the

and record it in a crew registration

prohibition of departure are to be

book and deliver a crew registration

determined

card to the crew member if he or

the

with


Decree.

the

by

related

the

2005.7.8>

the

expiry of the initial period of the ③

of

Presidential

Executive Decree.

she

[Newly Added, Dec.21, 2007]

receives

report

a

crew

submitted

registration

under

section

①. Article 5 (Notification on the departure of military obligator) Once a military obligator

and

national

makes

a

departure out of the country, the head of

the

immigration

office

or

sub-immigration office shall notify (inclusive of internet notification)such Article 2(Procedures for the Prohibition of Departure)

a departure immediately to the head of Military

Manpower

Administration.<wholly revised July 3, - 9 -

2008> Article 6 (Departure of Persons with no Visas of Country of Destination)

Deleted <Jul. 8, 2005>

② When requesting for the prohibition of departure, the head(s) of administrative agency(agencies)

of the

the

government

or

relevant

agency(agencies),

central

head(s)

of

the as

determined by the Ministry of Justice, shall submit the specific reason for the request

for

the

prohibition

of

the

departure and the expected period for the

prohibition

of

departure

to

the

Minister of Justice according to Article 4-2. Regarding

the

prohibition

of

the

departure by the heads of Si(city), Gun(county), regard request

to for

or

the

Gu(district) relevant

such

a

works,

prohibition

with the of

departure is to be made by the mayors - 10 -

of special city or greater city or by the provincial

governor(inclusive

of

the

special autonomous provincial governor). ③

The

specific

periods

for

the

prohibition of departure according to Article 1 and the expected specific period for the departure of prohibition according to Article 2 is to be stipulated under the Justice Minister's Order.

Article 2-2(Extension Procedures of the Article 4-3(Lifting of the Prohibition of Departure)

Period for the Prohibition of departure) ① When the Minister of Justice intends

① When the cause for the prohibition

to extend the period for the prohibition

of departure is gone or when it is

of

deemed necessary by the Minister

4-2-1, he shall decide the specific

of Justice to lift the prohibition of

period. In this case, the Minister of

departure,

Justice

he

shall

take

such

a

departure

may

according

opt

opinion(s)

departure) without delays.

relevant agency(agencies). ②

When

the

of

ask

measure (of lifting the prohibition of ②When the cause for the prohibition

out

to

to

the

head(s)

Article

for

head(s) of

the of

agency

of departure is gone, the head of

(agencies) in the central government

agency,

and

who

requested

for

the

prohibition of departure under Article

the

(agencies),

heads as

of

relevant

determined - 11 -

agency by

the

4-2, shall ask for the lifting of the

Minister

prohibition of departure.

2-2(heads

③ As to the other miscellaneous

of

Justice, of

under

requesting

Article agency

(agencies), hereinafter) request for the

procedure to life the prohibition of

extension

departure, it shall be determined by

departure under Article 4-2-2, he/she

the

shall submit the application form for the

Presidential

Executive

Order.[Newly Added, Dec.21, 2007]

extension

for

the

of

prohibition

the

period

for

of

the

prohibition of departure with specific dates together with the reason for the prohibition to the Minister of Justice. ③ The period for the prohibition of the departure

under

section

1

and

the

expected period for the prohibition of departure under section 2 are to be determined

by

the

decree

of

the

Ministry of Justice. [Newly Added

March 22, 2008] Article 2-3( Review and Decision on the request(s)

for

the

prohibition

of

departure) ①

Receiving

the

request

for

the

prohibition of departure according to Article 2-2, the Minister of Justice shall decide whether or not to apply the - 12 -

prohibition

of

departure

and

the

applicable period for the prohibition of departure according to the following standards. 1. One day or Less if urgent measures are required 2. Ten days or less if the need for deliberation

by

Committee

on

the the

Deliberating Prohibition

of

Departure is recognized 3.

Three

days

or

less

for

other

circumstances ②

Receiving

the

request

for

the

prohibition of departure according to Article 2-2, the Minister of Justice shall review and decide within three days. ③ Whenever the need is recognized by the Minister of Justice for the request for the prohibition of departure or for the review of the request to extend the Article

4-4(Notification

decision departure,

for

the

etc.)

of

prohibition ①

When

the of the

period

departure,

for he

the

prohibition

of

may

request

the

submission of the relevant data ④ If the Minister of Justice decides not - 13 -

Minister

of

Justice

departure

under

extends

the

prohibits

Article period

4-1 for

the or the

to apply the prohibition of departure or not

to

extend

prohibition

the

of

period

for

departure,

the after

prohibition of departure under Article

deliberation under section 1 and section

4-2-1, he shall immediately notify

2,

in writing the specific reason and

head(s) together with explanatory notes

the

and reasons for.

period

for

the

prohibition

of

he shall notify the results to the

[Newly Added, March

22, 2008]

departure to the subject. ② When the Minister of Justice lifts the prohibition of departure under Article 4-3-1, he shall immediately

Article

3(The

Procedure

to

lift

the

prohibition of departure) ① If the Minister of Justice is to lift the

notify the facts to the subject. ③ Despite section 1, the Minister of

prohibition of departure under Article

Justice may opt not to make the

4-3-1,

notification under section 1 when he

whether the reason for the prohibition of

finds the concern for the safety for

departure is gone or to make a judgment

the

the

on the need for the prohibition of

public

departure, ask for the opinions or the

Republic

serious

of

Korea

threats

to

and

the

submission of the data out of the

interest, when he finds the serious concern for

the

serious

obstacle

to

the

the

subject departure

under is

whereabouts the not

of

prohibition known.

head(s)

of

the

relevant

agency(agencies) When the reason for the prohibition of

criminal investigation, or when

he may, in order to see

the of

[Newly

departure is gone, or when it is clear and

distinct,

prohibition Minister

of of

or

no

need

departure Justice - 14 -

for

the

exists,

the

shall

lift

the

Added Dec. 21, 2007]

prohibition of departure immediately. ② If the Minister of Justice lifts the

Article 4-5(Appealing the Decision for

the

Prohibition

of

Departure,

etc.)

prohibition of departure under section 1, he shall notify the head(s) of relevant agency(agencies) the reasons specified

①A person, who is prohibited of the

for lifting the prohibition of departure. If

departure under Article 4-1 or who

it is confirmed that the passport of the

is

of

subject

of

departure was returned or confiscated,

departure under Article 4-2-1, may

he may opt not to notify such a lifting of

appeal the decision 10 days within

the prohibition of departure.

subject

period

for

to

the

the

extension prohibition

the day of notice or the day of

under

the

prohibition

of

③ If the head(s) of agency(agencies)

awareness of such a notice to the

is

Minister

of

decision

on

to

request

the

lifting

for

the

Justice

regarding

the

prohibition of departure under Article

the

prohibition

of

4-3-2, he shall do so by submitting

departure or the extension of the

the request form for lifting of the

period

prohibition

for

the

prohibition

of

departure.

of

departure

with

explanatory notes.

② When appealed under section 1,

④

Once

the

Minister

of

Justice

the Minister of Justice shall decide

receives the request form for lifting

as

the

to

its

appropriateness

15days

departure

under

within such an appeal. When there is

section 3, he shall, without any

delay,

unavoidable circumstances, however,

review such a request and make a

the period can be extended only one

decision.

time up to 15 days.

prohibition

of

⑤ Once the Minister of Justice decides - 15 -

③ When the Minister of Justice finds the

appeal

reasonable, the

under

1

after the review under section 4, he

he shall immediately lift

shall notify the reasons to the head(s)

prohibition

of

section

not to lift the prohibition of departure

departure

or

revoke the extension of the period

of

agency(agencies)

without

delays.

[Newly Added, March 22, 2008]

for the prohibition of departure. And

he

finds

the

appeal

not

Article 3-2(Preparation for the Roster

reasonable , he shall dismiss and

for the Prohibition of Departure)

notify the subject the reasons in

The

writing[Newly Added, December 21,

(agencies) shall prepare a roster for

2007]

the

head(s)

of

prohibition

explanatory request

requesting of

notes

for

departure on

the

departure,

the

prohibition

period,

agency

the

with

specific

prohibition

extension the

of

of the

request

for

lifting of the prohibition of departure, and

lifting

itself,

etc.[Newly

Added

2008.3.22] Article 3-3(Exclusion of notification on the prohibition of departure, etc.) ① When the head(s) of an agency(agen cies) request for the prohibition of

de

parture under Article 4-2 of the Act o r for the extension of the period for th - 16 -

e prohibition of departure under Article 4-2-2 of the Act, he may request for the exclusion of the notification under Article 4-4-1 of the Act if he judges that the subject belongs to the categor y under Article 4-4-3 of the Act. ② When the Minister of Justice review s and decides whether or not to apply the prohibition of departure or to decid Article 5 (Custody of a National's Passport, etc.) ① An immigration officer may seize

e the extension of the period for the p rohibition of departure, he shall also re view and decide the exclusion request

and withhold the passport of a

under section 1. [Newly added, March

person whose departure is prohibited

22, 2008]

under Article 4-①.

〈Revised Mar.24, 2005〉 ② If an immigration officer detects a forged or altered passport or Seaman's Identification Certificate, s/he may seize and withhold the passport forged or altered passport or Seaman's Identification Certificate.

〈Revised Dec.29, 2001, Mar.24, 2005〉

- 17 -

Article 6 (Entry of a National)

Article 3-4(Reviews and Decisions on

① When a national intends to enter Korea

from

outside

Korea

Appeal Request) ① When the Minister of Justice finds it

(hereinafter referred to as “entry”),

proper

s/he

valid

review and decide as to the appeal

passport, entry inspection conducted

request under Article 4-4-2 of the

by an immigration officer at the Port

Act, he may opt to request for the

of Entry and Departure. However, if

submission of necessary documents or

s/he is not able to do so due to

the statements of opinions.

inevitable

②

shall

undergo,

reasons,

allowed

to

with

s/he

enter

a

may

Korea

be

and

When

necessary

the

for

Minister

of

him

to

Justice

after

reviews and decides as to the appeal

undergoing the entry inspection at a

request under Article 4-5-2 of the

place other than the Port of Entry

Act, he shall notify the results to the

and Departure, with the approval of

applecant

the head of office or branch office.

requesting agency(agencies).

and

the

head(s)

of

[Newly Added, March 22, 2008]

〈Revised Mar.24, 2005〉 ② An immigration officer may help a national who does not hold a valid passport due to loss of it or for any other reasons to enter Korea after going

through

a

procedure. 〈Revised Mar.24, 2005〉

verification

Article 4 (Departure Prohibition Review Board) ① The Departure Prohibition Review Board (hereafter in this Article, referred to as the “Board”) shall be instituted in the Ministry of Justice for the purpose of reviewing important matters regarding the departure prohibition of nationals - 18 -

under Article 4 of the Act and the departure suspension of foreigners under Article 29 of the Act. ② The Board shall be composed of one chairman and up to 13 members.

③ The Vice Minister of Justice shall chair the Board, and its members shall include the director general of the Legal Affairs Office, of the Prosecution Bureau, and of the Immigration Bureau in the Ministry of Justice, and the persons appointed or commissioned by the Minister of Justice from among public officials of the related agency(agencies) and the relevant experts. ④ Matters necessary for the functioning and operation of the Board shall be prescribed by the Justice Minister's Order. Article 5 (Management of Data on Persons Prohibited from Departure) ① With respect to the persons for whom a decision is made to prohibit their - 19 -

departure under Article 4 of the Act, the Minister of Justice shall manage without delay their data pursuant to the procedures for electronic data processing systems. The same shall also apply mutatis mutandis to the cancellation of departure prohibition.

② Deleted. 2002. 4.18> Article 6 (Custody of Passport, etc. and Notice Thereof) ① When he takes a passport, etc. into custody under Article 5 ① of the Act, an immigration officer shall issue a certificate of custody to the holder of passport, etc. ② When there exist reasons falling under any of the following sub-paragraphs, an immigration officer may return the passport, etc. which is in custody ex

officio or upon request: 1. When a disposition of departure prohibition under Article 4 ① of the Act

Article 7 (Custody and Return of a Passport, etc) ① A branch officer shall accurately

is cancelled; and

record

the

date

2. Other cases when deemed unnecessary

reason

for

custody,

- 20 -

of

custody

and

etc.

the

in

to continue the custody of a passport, etc.

custody book, if he or she takes

③ When he seizes a passport, etc. under

custody of a passport in accordance

Article 5 ② of the Act, an immigration

with the provisions of Article 5 of

officer may notify the holder or bearer

the Act.

of passport, etc. of the reasons therefore,

② A branch officer shall record the

and notify the head of its issuing agency

reasons in the custody book, and

of the relevant facts.

receive the recipient's signature or

④ With respect to the passport, etc. in

seal, or attach a receipt to prove the

custody under Article 5 ① and ② of the

fact of delivery, if he or she returns

Act, the head of an immigration office

or delivers the passport under Article

(hereinafter referred to as the “head of

6, section ② or ④ of the Decree,

the office”) or the head of a branch of



the immigration office (hereinafter

③ A branch officer shall take back

referred to as the “head of the branch

the

office”) may forward the relevant

Article 6, section ① of the Decree,

passport, etc. to the head of the

if he or she returns the passport

requesting agency or issuing agency, in

under Article 6, section ② of the

such cases where the head of a criminal

Decree.

investigation agency requests a forwarding of the relevant passport, etc. pursuant to the needs for investigations, where the passport, etc. in custody becomes invalid while in custody, or where there exists a request from the head of issuing agency. In this case, if - 21 -

certificate

of

custody

under

the passport, etc. has been taken in custody under Article 5 ① of the Act, he shall notify the holder of passport, etc. of the relevant fact.
4.18.>

Immigration Control law CHAPTER 3 ENTRY AND LANDING OF FOREIGNERS SECTION 1

Enforcement Decree CHAPTER Ⅱ

ENTRY AND LANDING

Enforcement Regulation CHAPTER 2. ENTRY AND LANDING

OF FOREIGNERS SECTION 1

Entry of Foreigners

OF FOREIGNERS SECTION 1

Article 7 (Entry of a Foreigner)

Article 7 (Visa Issuance)

① If a foreigner intends to enter

① A person who intends to obtain a visa

Korea, s/he shall hold both a valid

under Article 7 ① of the Act, shall submit

mission

passport and a Korean Visa issued

to the head of Korean diplomatic mission

approval of the Minister of Justice,

- 22 -

Article 8 (Approval of Visa Issuance) ① The head of a Korean diplomatic abroad

shall

obtain

the

abroad a written application for a visa

if he intends to issue a foreigner's

〈Revised Mar.24, 2005〉

along with the documents prescribed by

entry permit regarding a national of

② Notwithstanding the provision of

the Justice Minister's Order.

a country which has not established

by the Minister of Justice.

paragraph

falling

② The head of Korean diplomatic mission

following

abroad shall issue a visa to a foreigner

Republic

Korea

who has applied for the visa under

referred to as a "country without

paragraph ① under the

conditions as

diplomatic relations"), or a country

prescribed by the Justice Minister's

designated by the Minister of Justice

1. A person who enters Korea after

Order. In this case, such visa shall contain

after consultation with the Minister

obtaining a re-entry permit or who

an entry of necessary matters such as

of

is exempted from the requirement of

the status and period of stay, etc. under

(hereinafter

obtaining

Article 12.

"specific country") and a stateless

under

①,

any

foreigner

of

subparagraph without

a

the

may

enter

〈Revised Dec.10,

a visa:

1993, Mar.24, 2005〉

before

a

the

re-entry

Korea

Foreign

the

(hereinafter

Affairs

and

referred

to

Trade as

a

exemption

issuance, the Minister of Justice may

diplomatic relations,

require the person intending to obtain

country under Article 7, section ④

a

of

of the Act or a visa which is not

recommendation issued by the head of

delegated to him under Article 9.

Waiver Agreement with Korea and

the

However, this shall not apply to the

who

agency, or ask the head of the related

case

central administrative agency for his

diplomatic mission abroad issues a

opinions thereon.

foreigner's entry permit or a visa

or

of

of

with

③ When deemed required for a visa

permit

period

but

relations

the

re-entry

validity

permit,

diplomatic

expires; 〈Revised Mar.24, 2005〉 2. A person who is a national of the country

which

becomes

has the

signed object

a of

Visa the

exemption under the agreement; 3. A person who enters Korea for international friendship, tourism, or

④

visa

to

furnish

related

Criteria

central

for

issuing

a

letter

administrative

a

person residing in a country without

that

the

head

or

of

a

a

specific

Korean

letter

of

within the period of 90 days, with

paragraph

Korea's national interest, etc. and

recommendation

③

respect to a person who participates

has obtained entry permission other

shall be separately set forth by the head

in the events hosted by the United

than a visa as prescribed in the

of the related central administrative

Nations organizations, or international

under

- 23 -

Presidential Executive Order; and 4. A person who departed from Korea with a refugee travel document, and

agency in consultation with the Minister

organizations

of Justice.

or who is designated by the Minister

⑤When issuing a visa subject to a status in

② The head of a Korean diplomatic

of such document expires.

employment activities, the Minister of

mission abroad shall, if he intends to

Justice shall give consideration to the

obtain

domestic employment situation.

section ①, request the approval of

Minister

of

Justice

may

temporarily suspend the application

allows

to

engage

of Justice.

of

The

that

inter-governments,

re-enters Korea before the validity ③

stay

of

of Visa Waiver Agreement to those falling under paragraph ②-2, when it is deemed necessary and proper for the maintenance of public safety or

the

approval

pursuant

to

the Minister of Justice through the Article

8

(The

Entry

Permit

for

Minister

of

Foreign

Affairs

and

Trade, together with his opinions

International Friendship, etc.) ① Persons to be allowed to enter the

(of) the entry qualification in the

Republic of Korea without a visa under

"application form for the approval of

Article 7 ② 3 of the Act shall be those

visa

paragraph ①, a national of a country

falling

however,

which

subparagraph

diplomatic

relationship with Korea or which is

1. A person performing the services of

request the approval of the Minister

designated by the Minister of Justice

a foreign government or international

of Justice by telegram by means of

after consulting with the Minister of

organizations who intends to enter the

the "written request for the approval

Foreign Affairs and Trade may enter

Republic of Korea without a visa due to

of visa issuance" and may charge

Korea with a Foreigner Entry Permit

inevitable reasons;

the

issued by the head of a diplomatic

2. A person who intends to enter the

equivalent to the actual expenses.

mission overseas and the head of

Republic of Korea for a sightseeing or

③ The Minister of Justice shall

office or the head of branch office

transit purpose within the period as

review

as

prescribed by the Justice Minister's

entry, and decide whether or not he

Order; or

approves it, if he receives request

national interest. ④ Notwithstanding the provision of established

prescribed

Executive

in

Order.

no

the

diplomatic

Presidential

〈Revised

Dec.5,

under

any

of

- 24 -

the

following

issuance". the

head

mission

applicant

the

In

(for)

urgent of

a

cases, Korean

abroad

telegram

qualification

for

may

fees

the

2002〉 ⑤ Deleted 〈Mar.24, 2005〉 Article 7-2 (Prohibition of

False

Invitation, etc.)

3. Other persons whose entry is deemed

for the approval under section ② of

by the Minister of Justice necessary for

this

the interests of the Republic of Korea,

issuance. If he approves the visa

etc.

issuance,

Article

regarding

he

shall

the

indicate

visa the

② Procedures for the entry permit to a

classification of a single or multiple

No one shall conduct activities falling

person allowed to enter without a visa

visa, the status of stay and period

under

under Article 7 ② 3 of the Act shall be

of stay, and notify the head of the

subparagraph in order to assist a

governed

relevant Korean diplomatic mission

foreigner to enter Korea:

prescribed by the Justice Minister's

abroad

Order.

Foreign Affairs and Trade. In this

any

of

the

following

1. Acts of inviting a foreigner by illegal means such as misrepresenting

under

the

conditions

as

through

the

Minister

of

③ Definite scope of persons allowed to

case, the status of stay shall be

enter without a visa under Article 7 ②

included both letters and numbers,

3

separately

and if there exist additional place of

2. An act of falsely applying for a

prescribed by the Minister of Justice by

employment, place of training, and

visa or the Certificate of Eligibility

giving consideration to a security of the

name of school, etc., each of them

for

nation and society or the order of

shall be included as well.

facts or

false identity guarantee etc,

or acts of assisting it; and

Visa

Issuance,

or

an

act

of

assisting it. 〈Newly added Dec.29,

of

the

Act

shall

be

foreigners’ stay.

④ If he requests the approval of the

2001〉

Minister Article 9 (Temporary Suspension of Application of Visa Waiver Agreement)

of

Justice

for

the

visa

issuance under section ② of this Article,

the

head

of

a

Korean

① Where he intends to temporarily

diplomatic mission abroad shall not

suspend an application of the visa waiver

issue a visa under section ⑨ of this

agreement under Article 7 ③ of the Act,

Article until he receives the "written

the Minister of Justice shall consult in

notification of

advance with the Minister of Foreign

Minister of Justice,

- 25 -

approval" from

the

Affairs and Trade. ②Where

he

decides

to

temporarily

suspend an application of the visa waiver agreement under paragraph ①,

the

Minister of Justice shall notify without delay the other parties to the agreement of the said fact through the Minister of Foreign Affairs and Trade.
2002. 4.18.> Article 10 (Issuance of Entry Permit for Foreigners, Etc.) ①Where he has designated countries after consulting with the Minister of Foreign Affairs and Trade under Article 7 ④ of the Act, the Minister of Justice shall notify without delay the heads of the diplomatic missions abroad, The head of the branch office or sub-branch office thereof. ② A person who intends to obtain an entry permit for foreigners under

Article 7

④ of the Act shall submit a written application for a visa

along with the

documents as prescribed by the Justice - 26 -

Minister's Order to the heads of the diplomatic missions abroad, The head of the branch office or sub-branch office. ③ The heads of the diplomatic missions abroad, The head of the branch office or sub-branch office shall issue an entry permit

for

foreigners

under

the

conditions as prescribed by the Justice Minister's Order to the foreigner who has applied for an entry permit for foreigner under the provisions of paragraph ②. In this case, an entry permit shall contain an entry of the status and period of stay, and the place of

employment, etc.

④ An entry permit for foreigners shall be valid for 3 months, and it shall be valid for only one entry: provided that the validity term of an entry permit for foreigners to a person intending to enter for being stationed in the Republic of Korea, who corresponds to a status of stay 1. Diplomacy (A-1) through 3. Convention (A-3) in the attached Table 1, shall be valid for 3 years, and it shall - 27 -

be valid for two or more entries.

⑤ When a foreigner entered under

an

entry permit for foreigners under paragraph ③ departs, an immigration officer shall

recover

the

entry

permit

for

foreigners: provided that with respect to the foreigner

entered under an entry

permit for foreigners falling under the proviso of paragraph ④, the said permit shall

be

recovered

upon

his

final

departure.

Article 8 (visa) ① The visa prescribed in Article 7 is

for two or more entries. ②

The

Justice Article 11 (Delegation of Right to Issue

under

Enforcement

Decree

11-2 are as follows. Detailed categories of visa issuance

Visa)

delegate his/her authority to issue

the Minister of Justice shall delegate the

status of stay after entry into Korea

visas

Korean

authority to issue visa to the persons

is not permissible shall be made to

under

subject to such status as the status of

the applicant)

the conditions as prescribed by the

stay 1. Diplomacy (A-1) through 3.

Ga. Among the statuses of stay in

Presidential Executive Order.

Convention (A-3) in the attached Table

Table 1 of the Enforcement Decree,

1, to the heads of the diplomatic missions

the issuance of single entry visa not

abroad.

exceeding 90 days of stay to the

diplomatic

③

head

mission

Justice

to the heads of Korean diplomatic

① Pursuant to Article 8 ② of the Act,

the

of

① The rights to issue visa delegated

may

to

Minister

Visa)

missions abroad by the Minister of

divided into a single visa valid for one entry and a multiple visa valid

Article 9(Delegation of Right to Issue

of

a

overseas

The criteria and procedure for

issuing visas shall be determined by the Justice Minister's Order.

② The Minister of Justice shall, pursuant - 28 -

(Notification that

person

qualified

the change of the

for

6.temporary

to Article 8 ② of the Act, delegate the

reporting(C-1)

authority to issue visa to the persons

temporary employment(C-4)

subject to such status as the status of

Na. Among the statuses of stay in

stay 6. Temporary news coverage (C-1)

Table 1 of the Enforcement Decree,

through 30. Employment in tourism

6.

business (H-1) in the attached Table 1,

exceeding 90 days of stay to the

to the heads of the diplomatic missions

person

abroad, with fixing the scope by status

reporting(C-1) for the countries of

and period of stay as prescribed by the

the treaties on multiple entry visa

Justice

Minister's

Order.

1995.12. 1.>


the

and

issuance

qualified

for

of

visa

for

9.

not

temporary

Da. Among the statuses of stay in Table 1 of the Enforcement Decree, 7.

the

issuance

of

visa

not

exceeding 90 days of stay to the person

qualified

for

commercial(C-2)

․

comprehensive(C-3)

temporary 8.temporary Among

the

statuses of stay in Table 1 of the Enforcement Decree, 211. The issuance of single entry visa not exceeding 2 years of stay to

the

person

Student(D-2)

and

qualified visa

for not

exceeding 6 months of stay to the person

qualified

job-seeking(D-10) - 29 -

for

18-2.

3. Among the statuses of stay in Table 1 of the Enforcement Decree, the issuance of single entry visa not exceeding 1 year of stay to the person qualified for investment

17.corporate

(D-8)

and

28.

and

his(her) dependents [status of stay 28.

accompanying

dependents

(F-3)] 4. Among the statuses of stay in Table 1 of the Enforcement Decree, the

issuance

of

entry

visa

not

exceeding 2 years of stay to the person

qualified

for

17.corporate

investment(D-8) under Article 4 of the

Act

on

the

Designation

and

Operation of Free Economic Zone and his (her) dependents[status of stay

28.accompanying

dependents(F-3)] Among the statuses of stay in Table 1 of the Enforcement Decree, 5. the issuance of entry visa not exceeding 2 years of stay to the person - 30 -

qualified

for

overseas

compatriots

(status

of

stay

28.overseas compatriots(F-4)) Among the statuses of stay in Table 1 of the Enforcement Decree, 6. the issuance of single entry visa for

the

person

qualified

28-3.

permanent residence(F-5) Among the statuses of stay in Table 1 of the Enforcement Decree, 7. the issuance of

entry visa not

exceeding one year for the person qualified for the status of stay 30. tour & employment(H-1) 8. the issuance of

entry visa not

exceeding one year for the person qualified

for

the

status

of

stay

31.visit & employment(H-2) 9. the issuance of

entry visa not

exceeding one year for the person qualified for, among the statuses of stay, 10. culture & arts(D-1), from 12. industrial

training(D-3)

to

16.

business stay(D-7),from 18. trade & - 31 -

management(D-9)to

28.

accompanying dependents(F-3) and

29. miscellaneous(G-1) who is

(are) subject to the category of mutual agreements or of benefits to the national interest of the Republic of Korea as judged by the Minister of Justice ② The Minister of Justice may decide upon the details as to the kinds of visas, the qualifications of stay, the periods of stay, and the subjects of visa issuance, etc. as stipulated in section 1.

< Article

2008.7.3> 9-2

(Standards

of

Visa

Issuance, etc.) When the Minister of Justice permits the visa issuance under Article 8 and 10 or when

the head(s) of Korean

diplomatic mission(s) abroad grant(s) visa according to the delegation in Article 9, he/she shall review and confirm

whether

the

applicant

foreigner has the qualifications listed - 32 -

below. 1.

The

foreigner

holds

a

valid

passport; 2. The foreigner is subject to the prohibition or refusal of entry under Article 11 of the Act; 3. The foreigner corresponds to the status

of

stay

specified

in

the

attached Table 1 of the Decree; 4. The foreigner substantiates the purpose of entry eligible for the status

of

stay

specified

in

the

attached Table 1 of the Decree; 5. The foreigner is deemed to return to his or her home country within the authorized period of stay under the relevant status of stay; or 6. The foreigner corresponds to the criteria determined by the Minister of Justice, according to the status of stay specified in the attached Table 1

of

the

2005.7.8>

- 33 -

Decree.
Added

Article

10

(Approval

of

Visa

Issuance) The head of a Korean diplomatic mission

abroad

shall

obtain

the

approval of the Minister of Justice, notwithstanding Article

9.

procedures

the

In for

provisions

this

of

case,

approval

the

of

visa

issuance shall be prescribed by the provisions of Article 8, sections ② through ④ if he intends to issue a visa to a person who falls under each subsection 1 of this Article. 1.

A

national

restricts

the

of visa

a

country

issuance

that for

a

Korean national; 2.

A

person

anti-national

belonging organization

to

an

under

Article 2 of the『National Security Act』; 3. A person who is restricted from the visa issuance, and who may be allowed to be issued a visa only after obtaining the special approval - 34 -

of the Minister of Justice in relation to the visa issuance; 4. A person who is deemed likely to harm

the

national

security

and

maintenance of order, public welfare, diplomatic interests

relations, of

Korea

and in

other

accordance

with Article 5, section ② of the 『Act on Entry & Departure and Legal

Status

of

Overseas

Korean

Residents』; or 5. A national of a country designated by the Ministry of Justice to protect the interests, etc. of Korea, or a person

who

belongs

to

an

organization of such a country. Article 11 (Issuance of a Group Visa) ① The head of a Korean diplomatic mission abroad may issue a group visa,

if

diplomatic international

temporarily missions, events

a

visiting group

participants,

of a

group of school excursion, or other - 35 -

similar tourist groups (in this case, the number of group members shall exceed the number designated by the Minister of Justice) intend to enter Korea on board the same ship, aircraft, train, automobile or other means of transportation (hereinafter referred to as the “vessel, etc.”). ② The representative of the group or the

person

agreement,

designated etc.

between

by

the

the

two

countries shall submit to the head of a Korean diplomatic mission abroad an application form for a group visa issuance, along with passports of all group

members

and

documents

specified by the Minister of Justice if a person intends to be issued a group visa under section ① of this Article. ③ The head of a Korean diplomatic mission abroad shall stamp a visa seal in the leader's passport as well as a seal of an attached copy of application for a group visa issuance - 36 -

at the bottom of left-hand side of the group visa if he issues a group visa.

If

the

head

of

a

Korean

diplomatic mission abroad deems that some

special

reasons

exist,

however, he may issue a visa on the passport of each applicant. In this case, he shall make an indication to verify the member of the group at the bottom of the group visa. ④ If he delivers a group visa, the head of a Korean diplomatic mission abroad shall stamp a verification seal on a copy of application for a group visa

issuance

submitted

under

section ② of this Article, deliver it with the group visa, and notify the fact that the leader of the group shall present it to the branch officer when the group enters Korea. ⑤ If he or she has finished an entry inspection for the group members entering Korea with a group visa, a branch officer shall affix an entry inspection stamp at the bottom of - 37 -

left-hand

side

of

a

copy

of

application for a group visa issuance delivered under section ④ of this Article, and return thereon. ⑥ If he or she conducts an entry inspection for the persons who are included in the copy of application for a group visa issuance, a branch officer shall affix an entry inspection stamp on each passport of group members, and write the same status of stay and period of stay as one granted to the leader's visa. ⑦ If the members of group entering with

group

visas

wish

to

depart

from the country, a branch officer shall

affix

a

departure

inspection

stamp on each passport of group members. In this case, the branch officer shall take back a delivered copy of application for a group visa issuance,

and

affix

a

departure

inspection stamp at the bottom of right-hand side of such copy, and keep thereon. For a person who has - 38 -

not departed from Korea, a branch officer shall write the relevant facts in the "blank for remarks" on a copy of

application

for

a

group

visa

issuance and update thereon when such

a

person

departs

from

the

country. Article 12 (Validity Period of Visa, etc.) ① The period of a single visa shall be valid for 3 months from the date of issue. ② The period of a multiple visa shall be valid as follows from the date of issue. 1. A multiple visa for a person under

the

Temporary

status News

through

of

stay

6.

Coverage(C-1)

9.

Employment(C-4) in

Short-Term the attached

Table 1 of the Decree : the period of stay shall be less than 3 years. 2. A multiple visa issued by the multiple - 39 -

visa

issuance

agreement,

etc. : the period of stay shall be one specified in the agreement. 3. A multiple visa issued, considering the reciprocity or national interests, etc. : the period of stay shall be one determined by the Minister of Justice. ③ An applicant for a visa issuance shall file a new application for a visa issuance if he wishes to be issued a visa after 3 months from the date of application for a visa issuance or the date of receiving the approval

notification

from

the

Issuance

by

Minister of Justice. Article

13

(Visa

Agreement) ①

If

other

regulations

exist

regarding the visa issuance in the agreement

or

memorandum

of

understanding, etc. signed between the

Korean

and

foreign

government(s), or if the Minister of Justice separately prescribes, taking - 40 -

into

account

reciprocity, Korean

the

etc,

principle

the

diplomatic

head

mission

of

of

a

abroad

shall issue a visa according thereto, ② Even though a person subject to the visa issuance under section ① belongs to a national of a country of the

Multiple

Visa

Issuance

Agreement, the head of a Korean diplomatic mission abroad may issue a single visa to such a person if some special reasons exist. Article

14

(Entry

Permission

for

Official Duties, etc.) ① The head of the branch office or sub-branch office may permit the entry into Korea, with respect to a person

falling

under

Article

8,

section ①-1 of the Decree. ② The head of the branch office or sub-branch office shall, if he grants an entry permission under section ① of

this

Article,

stamp

an

entry

inspection seal on the passport, etc, - 41 -

and write the status of stay and period of stay corresponding to the status of stay 1. Diplomats(A-1) through 3. Agreement(A-3) in the attached Table 1 of the Decree. ③ The head of the branch office or sub-branch office may permit the entry into Korea, with respect to a person

falling

under

Article

8,

section ①-3 of the Decree, after obtaining

the

approval

of

the

Minister of Justice. However, the head

of

the

branch

office

or

sub-branch office may permit the entry into Korea within the period of 90 days without obtaining the approval of the Minister of Justice, with under

respect any

to

a

of

person the

falling

following

sub-sections. 1. A person falling under the status of

stay

Business(C-2)

7. or

Short-Term Short-Term

Visitors(C-3) in the attached Table 1 of the Decree. - 42 -

2. A person under the age of 17, or over the age of 61, who corresponds to the status of stay 26. Visiting & Cohabitation(F-1)

in

the

attached

Table 1 of the Decree. 3. A person under the age of 17, who corresponds to the status of stay 28. Dependent Families(F-3) in

the

attached

Table

1

of

the

Decree. ④ When the head(s) of immigration branch office or sub-branch office is(are) to grant the permission of entry under section 3, he/she shall confirm

the

contents

truthfulness

of

statements

the

or

the

of

the

applicant's documents

submitted based upon the evidencing documents obtain

the

for

not

valid

being visa

able

for

to

entry

permit or explanatory notes and the attaching documents depending upon the status of stay. <July 20, 1994, Newly Added> ⑤ When the head(s) of immigration - 43 -

branch office or sub-branch office is(are) to grant the permission of entry under section 3, he/she shall fill up the Roster of Foreigners for Entry Permit and write down the status of stay and the period of stay together with entry stamp on the passport. ⑥ For the person subject to Article 8-1-3 of Enforcement Decree, who possesses the valid travel document as recognized by the Minister of Justice, grant

immigration officer(s) may the

permit

of

entry

not

exceeding 90 days. Article

15

(Entry

Permission

for

Tourism, etc.) ① A branch officer may permit the - 44 -

entry into Korea, with respect to

a

person who falls under Article 8, section ①-2 of the Decree and who is a national of a country designated by the Ministry of Justice. ② A branch officer shall stamp an entry inspection seal and grant the status of stay 5, if he grants entry permission under the provisions of section ① of this Article. Tourism & Transit(B-2) and the period of stay not exceeding the period of 30 days in the attached Table 1 of the Decree. However, if the Minister of Justice period account

separately of

stay,

the

determines etc.,

taking

international

the into

practice,

principle of reciprocity, or interests, etc. of Korea, the branch officer shall grant the status of stay and period of stay according thereto. ③ The head of the branch office or sub-branch office does not permit a change of status of stay or extension of period of stay for a person who - 45 -

has been granted entry permission under section ② of this Article. If it is judged that there exist unavoidable reasons, however, the head of the branch office or sub-branch office may permit thereon within the scope of authority delegated to him under the provisions of Article78, section ②. ④ The head of the branch office or sub-branch office may not permit the extension of stay exceeding 90 days from the date of entry when he permits the extension of stay under the proviso of section ③. Article

16

(Issuance

of

Foreigner

Entry Permit by Head of Office, etc.) ① A national of a country without diplomatic

relations

or

a

specific

country shall, when he/she intends to enter Korea without being issued a foreigner entry permit from the head of the Korean mission overseas due - 46 -

to

urgent

reasons

or

other

unavoidable

circumstances

pursuant

to Article 7, section ④ of the Act, apply for a foreigner entry permit to the

head

of

the

branch

office/sub-branch office. ② A person who intends to apply for a

foreigner

section

①

submit

to

entry of

permit

this

the

Article

head

under shall

of

the

branch-office/ sub-branch office, an application form for visa issuance along with the documents prescribed in Article 76 ③

The

head

of

the

branch

office/sub-branch office shall obtain the

approval

of

the

Minister

of

Justice when he intends to permit or reject the application under Articles 1 and 2. In this case, if deemed necessary, he may ask for opinions of the public officials who belong to the relevant agency being stationed at the port of entry and departure. ④

The

head

of

the

branch

office/sub-branch office shall write - 47 -

the authorized status of stay and period of stay in a foreigner entry permit, and stamp a seal of a branch office or its sub-branch office in the column of the issuing agency, and

sign

thereon

when

he

has

obtained the approval of the Minister of Justice pursuant to section ③ of this

Article.

provisions

of

In

this

the

case,

latter

part

the of

Article 8, section ⑧ shall apply to the way to write down the status of stay and place of employment. Article 17(The Issue Procedure for the Certificate

of

Eligibility

for

Visa

Issuance(CEVI), etc.) ① To the following person, the Certificate of Eligibility for Visa Issuance will be issued under Article 9-3.

1. A national of a country without - 48 -

diplomatic

relations

or

a

specific

country 2. A person who falls under the status

of

stay

specified

in

the

attached Table 1 of the Decree, from 10. Culture & Arts(D-1) through 25. Specific

Activities

unskilled

(E-7)․25-3

Employment(E-9)․

25-4

Labor Abroad (E-10)․26. Visiting & Cohabitation(F-1)․27. Residence(F-2)․ 28. Article 9 (A Certificate of Eligibility for Visa Issuance) ①

If

it

is

deemed

essential,

Minister

of

Justice

may

Certificate Issuance

of upon

Eligibility

the

issue for

application

Families(F-3)․28-2.

Overseas

Koreans

Permanent

Residence(F-5)

(F-4),


Others(G-1)

28-3. and

Sep.

29.

24,

2003;.August 23, 2003; July 3.2008.>

a

Visa by

Dependent

3.

a

A

person

necessary,

foreigner who intends to enter Korea

who

in

is

particular,

deemed by

the

Minister of Justice.

prior to the issuance of a visa as

②

prescribed in Article 7-①.

A

person

who

intends

to

be

issued a CEVI under Article 9 of

〈Revised Dec.5, 2002〉

the Act shall submit an application

② The application for a Certificate of

form

for

a

CEVI,

along

with

Eligibility for Visa Issuance referred

documents prescribed in Article 76

to in paragraph ⓛ may be filed by

to

the person who intends to invite a

office/sub-branch - 49 -

the

head

of

the office

branch having

foreigner on behalf of the latter.

proper

③

The

objects,

criteria

jurisdiction

over

the

residence of the person intending to and

invite

a

foreigner

(hereinafter

procedures for issuing a Certificate

referred to as "the head of the

of Eligibility for Visa Issuance as

branch

prescribed in paragraph ① shall be

having proper jurisdiction over the

determined by the Justice Minister's

residence")

Order.

③

office/

The

sub-branch

head

of

office/sub-branch proper

office

the

branch

office

jurisdiction

having

over

the

residence shall, when he has been submitted pursuant Article,

the to

application

section

verify

the

②

form

of

this

criteria

for

issuing a CEVI under Article 17, section ③, together with his opinion, and

send

it

to

the

Minister

of

Justice. 1.
2005.7.8.>

2. 3. ④ The Minister of Justice shall issue a

CEVI

by

electronic

documents

under the provisions of the Act on Promoting - 50 -

the

Electronization

of

Administrative

Affairs,

etc.

Electronic

for

Government

Implementation, and transmit it to the

head

of

the

Korean

mission

overseas, and notify the inviter of contents of a CEVI including the number of a CEVI without delay when

he

acknowledges

issuance

as

the

visa

appropriate

after

reviewing the application documents pursuant to section ③.
2005.7.8> ⑤

The

deliver

Minister a

CEVI

directly, provisions

of

Justice the

inviter

notwithstanding

the

of

to

may

section

④

of

this

Article, if there exist unavoidable circumstances that may not transmit a

CEVI

such

by

as

Information

electronic

the

documents,

Immigration

System(ICIS)

Control has

not

been installed at the Korean mission overseas.


Added,

2005.7.8.> ⑥When the Minister of Justice finds - 51 -

the inviter invited two persons or more simultaneously, he may attach the

list

of

other

representative

invitees

applicant's

to

the

Certificate

of Eligibility for Visa Issuance[CEVI]


and issue the CEVI.

Dec.1,1995;August 2, 2006> The

head

of

sub-branch

the

office

branch

office/

having

proper

jurisdiction over the place of stay may

issue

a

CEVI,

affixing

the

representative's CEVI to the list of persons subject to the visa issuance, when the persons subject to the visa issuance are two or more.


Added,

Revised,

1995.12.1.

2006.8.2.> Article 17-2 (Visa Issuance by stay of foreigners) ① A person who has been notified of the contents of a CEVI including the number of a CEVI under Article 17, section ④ may record the number of a CEVI in an application form for - 52 -

visa issuance and apply for a visa issuance to the head of the Korean mission overseas. ② A person who has been delivered a CEVI under Article 17, section ⑤ may apply for a visa issuance to the head

of

the

Korean

mission

overseas, affixing an application form for visa issuance to a CEVI. ③ The head of the Korean mission shall

issue

a

visa

to

a

person

applying for a visa issuance under sections ① and ② of this Article according to contents of a CEVI or the

number

notwithstanding

of the

a

CEVI,

provisions

of

Article 8 of the Decree. ④ The head of the Korean mission overseas shall take back the relevant CEVI when he issues a visa to a person applying for a visa issuance under

section

②

of

this

Article.

<Wholly Revised, 2005.7.8.> Article 17-3 (Criteria for Issuing a - 53 -

stay of foreigners) ①

The provisions of Article 9-2

shall apply to the criteria for issuing a CEVI pursuant to the provisions of Article 9, section ①. ② The Minister of Justice may not issue

a

CEVI

to

the

invited

foreigner, if a person intending to invite a foreigner in accordance with the provisions of Article 9, section ② falls under any of the following sub- sections. 1. A person who has violated Article 7-2 of the Act, Article 12-2 of the Act, Article 18, sections ③ through ⑤ of the Act, Article 21, section ② of

the

Act

or

Article

33-2,

subsection ① of the Act, and who has been sentenced to imprisonment without labor or heavier punishment, and

three

since

years

such

has

execution

not has

passed been

completed, or has been decided not to

perform,

or

who

has

been

sentenced to a fine of more than 5 - 54 -

million won, or has received the disposition by notification equivalent to

the

penalty

of

more

than

5

million won, and 3 years has not passed since he/she paid the fine or penalty 2. A person who has violated Article 7-2 of the Act, Article 12-2 of the Act, Article 18, sections 3 through 5 of the Act, Article 21, section ② of the Act or Article 33-2, subsection 1 of the Act and who has been sentenced to a fine of less than 5 million

won,

or

has

received

a

disposition by notification equivalent to a penalty of less than 5 million won, and one year has not elapsed since

he/she

paid

the

fine

or

penalty. 3. A person who forced a foreigner to

engage

in

prostitution, provision

of

the

act

speculation, narcotics,

related

to

sales

and

and

who

violated the Act on the Punishment of Sex-trafficking Arrangement, etc. - 55 -

Activity, the Act on Special Cases regarding

the

Regulation

and

Punishment of Speculative Activity, etc., the Narcotics Control Act, and who

has

been

imprisonment

sentenced

without

labor

to or

heavier punishment, and three years has not passed since such execution has been completed, or has been decided not to perform. 4. A person who has violated the Labor Standards Act because of not having paid the wage or allowance to

the

foreign

employees

or

industrial trainees, or due to forcing them to work against their own will, and

who

has

imprisonment

been

sentenced

without

labor

to or

heavier punishment, and three years has not elapsed since such execution has been completed, or has been decided not to perform. 5. A

person

foreigners

or

who has more

invited

10

pursuant

to

Article 9, section ② of the Act for - 56 -

the recent one year from the date of application, and more than the majority

of

the

said

invited

foreigners reside illegally in Korea. 6. A person who has neglected the reporting obligation more than twice pursuant to Article 19 of the Act or Article 19-4 of the Act for the recent one month from the date of application. 7. A person falling under any of the reasons

which

correspond

to

sub-sections ① through ⑥ of this Article, and is determined separately by the Minister of Justice.
Added, 2005.7.8.> Article

18

(Effect

of

stay

of

foreigners) The

validity period of

the

CEVI

shall be 3 months and be effective for

only one time. However, if the

Minister particularly differently - 57 -

of

Justice

necessary, determine

deems he

the

may validity

period

of

the

CEVI.


1994.7.20, 2006.8.2>

Article 18-2 (Maximum Period for each Status of Stay Allowed for One Time) The

maximum

period

for

each

status of stay allowed for one time under the provisions of Article 10, section ② of the Act shall be one as prescribed in the Attached Table 1. However, if deemed necessary for the international practice, principle of reciprocity, or national interests, the

Minister

of

Justice

may

differently determine the maximum Article 10 (Status of Stay)

period

① A foreigner who intends to enter

allowed

prescribed

Executive

in

the

Presidential

Order.〈Revised

Dec.12,

1996〉

for

each one

Added, 1997.7.1.>

Korea shall obtain a status of stay as

for

Article 12 (Classification of status of stay) Status of stay of foreigners under Article

② The maximum period of stay given

10 ① of the Act shall be as the attached

each time shall be determined by the

Table 1. [This Article Wholly Revised, - 58 -

status time.

of

stay


Justice

Minister's

correspondence

to

Order each

in

status

1997.6.28]

of

stay. 〈Revised Dec.12, 1996〉 Article 11 (Prohibition of Entry, etc.) ①

The

Minister

of

Justice

may

prohibit a foreigner who falls under any of the following subparagraphs from

entering

〈Revised

Korea:

Dec.13, 1997, Mar.24, 2005〉 1.

A

person

carrying

disease,

narcotic

persons

about

an

addicts

Persons Prohibited from Entry)

epidemic

① The Minister of Justice shall, with

other

respect to the persons for whom a

are

decision is made to prohibit their entry

reasonable grounds to believe that

under Article 11 of the Act, manage

s/he may cause danger and harm to

without delay their data pursuant to the

the public health;

procedures

whom

or

Article 13 (Management of Data on

there

2. A person intending to enter Korea

for

electronic

processing systems. The same shall

mutatis

mutandis

unlawfully carrying firearms, swords,

apply

explosives, etc. as prescribed in the

cancellation of entry prohibition.

Firearms,

Swords,

Explosives

data

to

the

② Deleted. <2002. 4.18.>

Prohibition Act; 3. A person about whom there are reasonable grounds for concern that

Article 14(Request for the Prohibition of Entry and Lifting of such a Request)

s/he may commit acts detrimental to the interest of Korea or the public - 59 -

safety; 4. A person about whom there are considerable grounds for concern that s/he may commit acts detrimental to the economic or social order or the good morals; 5. A mentally handicapped person who is incapable of reasoning and who is not sponsored by anyone for his/her stay

in

Korea,

or

a

financially

destitute person who is not able to support himself/herself in Korea, or other persons who are in need of relief. 6. A person for whom 5 years has not

elapsed

after

departure

from

Korea under a removal order; 7. A person who had taken part in the slaughter or cruel treatment of people

on

ethnicity, political

the

grounds

religion, opinion,

of

race, Article

nationality, etc.

Japanese

government

which

government, was

in

(Entry

Inspection

of

Foreigners, etc.)

under

① The provisions of Article 1 of the

instructions from or in liaison with the

19

Decree shall apply to the matters

any

regarding

alliance - 60 -

the

verification

of

with

the Japanese government,

any

government

Japanese

on

which

government

predominant

or

inspection

Other

specified

under

similar

Article 15, section ① of the Decree.

August

②

to

those 1

A

foreign an

conducted

by

inappropriate

disembark

of

Justice

entry the

shall

inspection

branch

officer

when

he/she

form

the

intends vessel,

to etc.

which is anchoring in the territory

② If the home country of a foreigner

of Korea and depart from Korea as

who intends to enter Korea refuses

a passenger.

an entry of a national of Korea for any

member

under Article 15, section ① of the Decree

Minister

crew

undergo

through 7, whose entry is deemed the

officer

exercised

sub-paragraphs

by

branch

conducts an entry inspection under

influence from

persons

a

the

29, 1910 until August 15, 1945; and 8.

if

reason

other

than

those

③ The provisions of Articles 2 and 3

as

shall apply to the preparation and

referred to in any of sub-paragraphs

management

of

departure

paragraph

①,

the

Minister

of

of

the

card

for

entry

and

foreigners.

Justice may refuse the entry of such

However, a passenger list may be

foreigner for the same reason.

substituted

for

the

entry

and

departure card in the case of group Article 12 (Entry Inspection)

passengers such as tour vessels, etc.

① If a foreigner intends to enter



Korea,

s/he

inspection

shall

undergo

conducted

by

entry Article

an

(Correction

of

Visa

Contents, etc.)

immigration officer at the Port of Entry and Departure.

20

Article 15 (Entry Inspection) - 61 -

① When a branch officer corrects the

② The proviso of Article 6-① shall

① The provisions of Article 1 ① through

contents of visa under Article 15,

be mutatis mutandis applicable to the

③ shall apply mutatis mutandis to the

section ⑥ of the Decree, he/she

case as referred to in paragraph ①.

entry inspection of foreigners under

shall

③ An immigration officer performing

Article 12 ① of the Act. In this case,

recognizable and sign or seal after

entry

the permitted status and period of stay

writing the corrected facts at the

after making sure that the following

shall be entered in the entry inspection

bottom

requirements are satisfied:

seal impression on the passport, etc.

2007.3.5>

entry

inspection

shall

allow

〈Revised Mar.24, 2005〉



1. The passport and visa shall be valid:

Provided,

that

the

visa

②

② An immigration officer shall, where he

leave

deleted

of

When

letters

to

be

visa.
a

immigration

officer(s)

amend (s) the period of stay under

is

decides not to permit the foreigner’s

Article

limited only to case where it is

entry under Article 12 ④ of the Act, if

Decree,

required;

s/he

he/she can do so only when four

2. The purpose of entry shall comply with the status of stay; 3. The period of stay shall have been

deems

that

such

matters

are

15-6-2

or

more

of

Enforcement

important, report thereon without delay

years

lapsed

since

the

to the Minister of Justice.
issuance of visa.

2002. 4.18.>

In this case, the upper limit for the

determined under the conditions as

③ Deleted. <1995.12. 1.>

period of stay shall be the expiry

prescribed by the Justice Minister's

④ An immigration officer shall, when the

date

of

the

valid

visa

and

the

persons falling under Article 7 ② 2 of

specific method of marking is to be

4. The foreigner shall not be subject

the Act enter, imprint an entry inspection

decided by the Minister of Justice.

to the prohibition or refusal of entry

stamp under paragraph ①, and enter such



as prescribed in Article 11.

status as the status of stay 4. Visa

Order; and

③ When a foreigner staying in Korea

④ If an immigration officer deems

exemption (B-1) and the relevant period

has

that a foreigner fails to meet any of

of stay in the attached Table 1 on his

branch officer shall stamp a seal of

the requirements as referred to each

passport, etc.: provided that when the

entry

subparagraph of paragraph ③, s/he

person subject to the

passport,

- 62 -

visa waiver

been

reissued

verification and

a on

sign

passport, his/her

or

seal

a

new after

agreement for diplomats and government

verifying whether or not there are

permission.〈Revised Mar.24,2005〉

officials enter for being stationed in the

entry

⑤ Upon allowing entry permission to

Republic of Korea, such status as a status

his/her former passport.
a foreigner falling under Article 7-②

of stay 1. Diplomacy (A-1) or 2. Public

2007.3.5>

-2

services (A-2), and the relevant period

may

refuse

or

3,

to

the

grant

immigration

entry

officer

shall grant the status of stay and

of stay shall be entered. ⑤ Deleted. <1994. 6. 30.>

the conditions as prescribed by the

⑥ An immigration officer may, when the

Executive

Order.

records

in

to Status of Forces Agreement) ① When a branch officer conducts an

status and period of

entry inspection under the provisions

stay on the visa issued by the head of

of Article 15, section ① of the

a diplomatic mission abroad are evidently

Decree

of

in error, revise them under the conditions

receives

conducting the inspection as referred

as prescribed by the Justice Minister's

「Agreement under Article 4 of the

to in paragraph ① or ②.

Order, and permit an entry of the relevant

Mutual Defence Treaty between the

foreigner.

Republic of Korea and the United

〈Revised Dec.5, 2002〉 ⑥ An immigration officer may board vessels,

etc.

for

the

purpose

⑦ The provision of Article 5-② shall

classification, the

departure

Article 21 (Entry of Persons subject

determine the period of stay under Presidential

and

regarding

application

of

the

case as referred to in paragraphs ①

shall apply mutatis mutandis to the

Facilities and Areas and the Status

and ②. 〈Revised Dec.12, 1996〉

custody of forged or altered passport,

of United States Armed Forces in

etc. under Article 12 ⑦ of the Act and

the Republic of Korea」, he/she shall

the procedures for relevant notification:

verify his identity and stamp a seal

provided that this shall not apply to the

of

matters to be notified to the head of

Agreement) on his passport. In this

issuing

case,

(Prohibition

on

the

provision of vessels, etc.) ① No one shall provide or arrange

agency,

in

case

where

the

America,

who

⑦ The provisions of Article 6 ③ and ④

12-2

of

person

be applied, mutatis mutandis, to the

Article

States

the

a

Sofa

a(Status

when

the

Regarding

of branch

Forces officer

provisions of Article 6 ③ are applied

stamps a seal of granting of the

mutatis mutandis.

status

- 63 -

of

stay

under

Article

29,

vessels, etc., passport, visa, boarding

⑧ The provisions of Article 1 ④ shall

section ③ of the Decree or a seal

pass, and other documents and things

apply mutatis mutandis to the procedures

of permission for change of status

usable for entry into or departure

for an entry of a foreign crewman

under Article 30, section ③, the

from the country for the purpose of

employed at the ship, etc. of the Republic

preceding

illegally assisting any foreigner to

of Korea.

applicable.

enter

or

depart

from

Korea

provisions

shall

be

or

smuggling into a third country by way of Korea.

〈Revised Mar.24, 2005〉 ② No one shall harbor or assist any Article

foreigner who has illegally entered

22

(Conditional

Entry

Permission)

Korea to flee within the country, or provide or arrange a transportation

① When the head of the branch office/sub-branch office intends to

means for the same purposes.

〈Revised Dec.5, 2002〉

grant

[Newly added Dec.13, 1997]

a

conditional

entry

permit

under the provisions of Article 13, section ①, subsection ① of the Act,

Article

12-3

(Custody

of

a

he/she shall receive documents or

foreigner's passport )

details demonstrating the unavoidable

① The provision of Article 5-② shall

reasons

that

do

not

meet

the

Article

12,

be applied, mutatis mutandis, to the

requirements

case of a forged or altered passport

section ③, subsection ①.
or

Jul. 20. 1994>

a

Seaman's

Identification

under

② When the head of the branch

Certificate.
office/sub-branch - 64 -

office

issues

a

passport or a Seaman's Identification

conditional

Certificate of an immigration offender

Article 13, section ② of the Act,

who

and

he/she shall record the fact in the

subject to the removal under Article

register of issuance of a conditional

46, the officer may recover detain

entry permit.

is

under

investigation

and take them in custody.〈Revised

③

Mar.24, 2005〉

The

entry

provisions

permit

of

under

Article

19,

section ① shall apply to the entry

〈Newly added Dec.29, 2001〉

inspection

conducted

by

a

branch

officer under Article 16, section ③ Article

13

(Conditional

Entry

of the Decree.

Permission) ① The office head or branch office head

may

grant

permission to enter

conditional to a foreigner

who falls under any of the following sub-paragraphs under the conditions as

prescribed

by

the

Presidential

Executive Order:

① The head of the branch office or

1. A person who has failed to meet the

requirements

Article 16 (Conditional Entry Permission)

as

prescribed

sub-branch office may, when he permits

in

a conditional entry under Article 13 ①

Article 12-③-1 for any inevitable

of the Act, set the permission period

reason, but who is deemed to meet

within the limit of 72 hours.

them within a specified period; 2. A person who is suspicious of falling under any of sub-paragraphs

② The head of the branch office or sub-branch

office

may,

when

the

foreigner subjected to a conditional entry - 65 -

of Article 11-①, or of having failed

permission

to

requirements

meet

the

requirements

as

has

failed within

to

meet

the

the

relevant

prescribed in Article 12-③-2 and

permission period due to an inevitable

deemed

reason, or is deemed to be unable to do

therefore

necessary

for

special inspection; and

so, extend the period of conditional entry

3. Other person who is deemed by the office head

or branch office

head to be required for obtaining conditional entry permission.

permission within the limit not in excess of permission period under paragraph ①.

③ An immigration officer shall, when he deems that the foreigner subjected to a

② The head of office or branch office

conditional entry permission has met the

shall, when granting conditional entry

requirement of each subparagraph of

permission

in

Article 12 ③ of the Act within the relevant

conditional

permission period, conduct an entry

entry permit. In this case, such a

inspection under Article 15 ①. In this

permit shall include any restriction of

case, the date of entry shall be that of

residence, the obligation to comply

the conditional entry permit.
with the request of appearance, and

1997. 6.28.>

paragraph

as ①,

referred issue

a

to

any other necessary conditions, and

④ An immigration officer shall, when he

may, if necessary, have the foreigner

conducts

deposit a bond not exceeding ten

paragraph

million Won.

conditional entry

③ The head of office or branch office may revert the whole or part of the deposited

bond

to

the

National

an ③,

entry

inspection

recover

the

under written

permit from the

relevant foreigner. ⑤ An immigration officer shall, when the foreigner subjected to a conditional entry - 66 -

Treasury, when the foreigner who

permission leaves the country without

had

undergoing an entry inspection under

obtained

conditional

entry

permission as prescribed in paragraph

paragraph

③,

recover

the

written

① breaches any conditions imposed

conditional entry permit from him.

under the permit. ④ The procedures for the deposit,

Article 17 (Deposit and Return of Bond,

return, and reverting to the National

and Procedures for Reversion to National

Treasury of the bond as prescribed

Treasury)

in paragraphs ② and ③ shall be determined

by

Executive Order.

the

Presidential

① The head of the branch office or sub-branch

office

shall,

when

he

requires a foreigner to deposit a bond under Article 13 ② of the Act, set the amount of bond, taking account of the money on hand, entry purpose, expenses for stay, and other circumstances of the foresaid foreigner. ② The head of the branch office or sub-branch

office

shall,

when

he

receives the bond under paragraph ①, notify the relevant foreigner that such bond may be reverted to the National Treasury if he violates the conditions specified by Article 13 ② of the Act, and the procedures for the deposit and payment of the bond shall be governed - 67 -

by the procedure for handling the money kept in the Government’s custody. ③ The bond deposited under paragraph ① shall be returned to the relevant foreigner, when he undergoes an entry inspection under Article 16 ③, or when he leaves the country on account of failing to meet the requirements under each subparagraph of Article 12 ③ of the Act within the permission period. ④ The head of the branch office or sub-branch office may, when the person subjected to a conditional entry permit flees or fails to comply with a summons more than twice without any justifiable reasons, revert the whole of the bond to the National Treasury, and when he fails

to

observe

the

conditions

of

permission due to other reasons, revert a part of the bond to the National Treasury. ⑤ The head of the branch office or sub-branch office shall, when he intends to revert the bond to the National Treasury under paragraph ④, deliver a - 68 -

written notice on a reversion of the bond to the National Treasury indicating the reasons for a decision to revert to the National

Treasury,

and

the

amount

thereof, etc.

Immigration Control law SECTION 2 Article 14 (Landing Permission for

Enforcement Decree

Enforcement Regulation SECTION 2

SECTION 2 Article 18

Article 23 (Landing Permission for a

crew members)

National

a

Country

Relations)　 ①

Without

① If a foreign crew intends to land

① A head of ship, etc. a forwarder, or

for the purpose of transferring to

a crewman himself shall, when he intends

branch officer deems it necessary to

another ship, etc. or taking a rest,

to apply for a landing permission for

grant a landing permit for a national

- 69 -

Diplomatic

of

When

a

etc.,

the

immigration

officer

may

crewmen under Article 14 ① of the Act,

of

grant permission on the landing of

submit

landing

relations under Articles 14 through

the crew within the limit of 15 days

permission to the immigration officer.

16 of the Act, he/she shall ask for

upon the request of the head of the



opinions of officials belonging to the

ship,

etc.,

carrier

or

the

person

an

application

for

② "The

a

country

without

diplomatic

relevant agency(agencies) stationed

concerned, except a person who falls

at the port of entry and departure.

under

However, in the case of the landing

any

of

sub-paragraphs

of

Article 11-①.

permit

1. A foreign crew intending to land vessels,

etc.

whereon

s/he

serves moor at the Port of Entry

under

any

of

the

following sub-sections, the head of


for the purpose of recreation, etc. while

falling

5, 2005>

the branch office/sub-branch office shall

③ When a crew transfers to another ship,

obtain

the

approval

of

the

Minister of Justice.

etc. in the case of section 1, or when he

1. When the opinions of the head of

to

applies for the permit of embarkation to

the branch office/sub-branch office

transfer to another vessel scheduled

land in Korea for another port of entry

differ

to enter into a Port of Entry and

under Article 14-6, the explanatory notes

belonging

Departure or continuing to be in

shall be attached
agency(agencies)

anchorage.

July 5,2005.>

port of entry and departure.

and Departure in Korea; and 2.

②

A

foreign

An

crew

immigration

examine

the

intending

officer

documents

shall

in

the

following sub-paragraphs, when the application

under

paragraph

①

is

made. 1.

A

Seaman's

Identification

Certificate, where the foreign crew

from

those to

of

officials

the

relevant

stationed

at

the

2. Deleted 〈Jul. 20. 1994〉 Article 18-2 (Multiple Landing Permission of Crewmen)

3. When the head of the branch office/sub-branch

① An immigration officer may, upon

office

recognizes

that it is difficult to decide.

permitting crew’s landing under Article

② When a branch officer grants a

14 ① of the Act to a foreign crew of the

landing permit for a national of a

ship,

country without diplomatic relations,

etc.

which

regularly

- 70 -

plies

or

falling under paragraph ①-1 is a

frequents the Republic of Korea, grant

he/she shall notify the fact to the

seaman;

a

officials belonging to the relevant

2. A passport and the document(s) prescribed

by

the

Presidential

multiple

landing

permission

which

allows two or more landings within the

agency(agencies)

stationed

at

the

set period of time.

port of entry and departure, and

Executive Order in case where the

② An immigration officer shall, upon

frequently observe the activities of

foreign crew falling under paragraph

granting permission under paragraph ①,

the landing permittee and record the

①-2

a

issue a written multiple landing permit

fact in a register of investigation of

the

for the crew, with the validity term of

foreigner activities.

person is the one who falls under

up to one year and the landing permission

Article 7-②-3; and

term of up to 15 days.

is

passport

a

seaman;

only

in

Provided,

case

where

3. A passport, if the foreign crew belongs

to

other

categories

of

seamen. ③ An immigration officer shall issue a

Crew

Landing

Permit,

when

③ Definite criteria for a multiple landing

Article

24(Area

of

Activities

for

those with Landing Permit)

permission for crews under paragraph ①

When

grating

the

landing

permit

shall be separately prescribed by the

under Article 14 through Article 16

Minister of Justice.

of the Act, the proper jurisdiction of

④ The provisions of Article 18 ① shall

the relevant immigration (branch/sub

to

apply mutants mustangs in the case of

-branch) office shall be the area of

paragraph ①. In this case, the Crew

paragraph ①.[This Article Newly Added,

activities.

Landing

1994.6.30.]

allowing

the

landing

Permit

may

pursuant include

the

But

when

the

crew

intend

to

duration of permission, restrictions

continuously use the Crew Landing

on the area of activity, and other

Permit

necessary conditions.

within Korea under Article 14-6 of

for

other

ports

of

entry

④ The provision of Article 12-⑤

the Act or when it deems necessary

shall be applied, mutatis mutandis, to

by the immigration officer, the area

landing permission for the foreign

of activities can be determined with

crew falling under paragraph ①-2,

other than the proper jurisdiction of - 71 -

notwithstanding the provision of the

the immigration (branch/sub-branch)

latter part of paragraph ③.

office.

foreign

deems

necessary

crew

who

was

for

the

granted

landing permission, s/he may extend the period of landing permission. ⑥ The Crew Landing Permit issued under the provision of the latter part of paragraph ③ is available in any other Ports of Entry and Departure in

Korea

until

the

vessels,

etc

finally leave Korea.

〈Wholly Revised Mar.24, 2005〉 Article

15

(Emergency

Landing

Permission) ① An immigration officer may allow,

Article

19

(Emergency

Landing

with the maximum period of landing

Permission)

not exceeding 30 days, emergency

The head of the ship, etc. or a forwarder

landing

shall, when he intends to apply for an

permission

to

a

foreigner

July

July 1, 1997; July 3, 2008>

⑤ When the head of office or branch office


(including a crew member) aboard a

emergency

landing

permission

vessel, etc, who is considered to be

foreigner on board the ship, etc. under

in need of urgent landing by reason

Article 15 ① of the Act, submit to the

of a disease or an accident, upon

immigration control official a written - 72 -

for

a

20,1994;

application

by

the

head

of

the

vessel, etc. or the carrier.

with

② The provisions of Article 14-③ and

⑤ shall

be

application for a landing permission along the

documents

vindicating

the

reasons for an emergency landing.

applied, mutants

mustangs, to the case of paragraph

Article 20 (Disaster Landing Permission)

①. In this case, the "Crew Landing

The head of the ship, etc. or a forwarder,

Permit" shall be interpreted as the

etc. shall, when he intends to apply for

"Emergency

a

"Crew

Landing

Landing

"Emergency

Permit"

and

Permission"

as

Article 16 ① of the Act, submit to the

Permission".

head of the immigration branch office or

Landing

〈Revised Mar.24, 2005〉

disaster

landing

permission

under

sub-branch office a written application

③ The head of a vessel, etc. or the

for a landing permission, along with a

carrier shall be liable for all the

disaster report indicating the name of the

expenses of the person who made an

ship, etc. under a disaster, the place, day

emergency landing such as the cost

and time of the disaster, and the relevant

of living, medical treatment, funeral

reasons.

services, and so forth, which may be incurred during such landing. Article

16

(Disaster

Landing

Permission) ① The head of office or branch office may allow, with the maximum period of landing not exceeding 30 days, disaster

landing

permission

to

a - 73 -

foreigner (including a crew member) aboard a vessel, etc. in distress, who is considered to be in need of urgent relief, upon application by the head of the vessel, etc. the carrier, the rescuers under the Water Disaster Relief Act, or the head of another vessel,

etc.

that

rescued

the

foreigner. ② The provisions of Article 14-③ and

⑤ shall

be

applied, mutants

mustangs, to the case of paragraph ①. In this case, the "Crew Landing Permit" shall be interpreted as the "Disaster Landing Permit" and "Crew Landing Permission" as

"Disaster

Landing


Permission".

Mar.24, 2005〉 ③ The provision of Article 15-③ shall be applied, mutants mustangs, to the case of

a person who was

granted disaster landing permission. In

this

case,

the

"Emergency

Landing" shall be interpreted as the "Disaster

Landing".〈Newly

Added - 74 -

Dec.12. 1996〉 Article

16-2

(Temporary

Landing

Permission for Refugees)

Article 24-2 (Register of Issuance of

① When the office head office

head

considerable

or branch

deems

to

have

a

reason

to

land

a

foreigner who is on board a vessel,

Temporary

immediately

after

Permit

for

Refugees) ① The head of the branch office/ Article

20-2

sub-branch office shall record the

etc. and seeking for protection in Korea

Landing

fact in the register of issuance of a

escaping

① A foreigner on board of the ship, etc.

from the territory where there is a

shall, when he intends to apply for a

refugees

fear of infringement of life, body

temporary refuge landing permit under

temporary

and physical freedom as the reasons

Article 16-2 ① of the Act, submit to the

refugees under Article 16-2, section

prescribed in Article 1②A of the

head of the branch office or sub-branch

② of the Act.

Refugee

office

Convention

corresponding

reasons,

and s/he

other may

a

written

application

for

a

temporary

②

The

landing when

term

designated

grant temporary landing permission

with

Justice" under

for refugees not exceeding the span

relevant reasons.

documents

vindicating

the

he

landing

temporary refuge landing permit, along the

permit

by

issues permit

"facilities, the

Minister

for a for

etc. of

Article 20-2,

section 3 of the Decree means the

of 90 days with the approval of the

② The head of the branch office or

Refugees Protection Center or other

Minister of Justice. In this case, the

sub-branch office shall, upon receipt of

places designated by the Minister of

Minister of Justice shall consult with

a written application under paragraph ①,

Justice.

the Minister of Foreign Affairs and

forward it along with his opinions to the

Trade. 〈Revised Dec.5, 2002〉

Minister of Justice.

② The provision of Article 14-③ and

⑤ shall

be

applied, mutants

③ The head of the branch office or sub-branch

office

shall,

- 75 -

when

the

mustangs, to the case of paragraph

Minister of Justice grants approval to the

①. In this case, the "Crew Landing

application under paragraph ①, issue

Permit" shall be interpreted as the

temporary refuge landing permit to the

"Temporary

for

relevant foreigner, and designate a place

Landing

of his stay in the facilities, etc. as provided

Refugees"

Landing and

"Crew

Permit

Permission" as "Temporary Landing Permission

for

Refugees."〈Revised

Mar.24, 2005〉

a

by the Minister of Justice.

[This

Article

Newly

Added,

1994.6.30.]

〈Newly Added Dec.10, 1993〉

Article 24-3 (Revocation of Various Landing Permits, etc.) ① When a foreigner who has been issued Article

21

(Extension

of

Period

of

Landing Permit)

a

written

landing

permit

under Articles 14 through 16-2 of the

Act

departs

from

Korea,

or

① Where a person subjected to a landing

when a branch officer performs an

permission under Article 14 ①, 15 ①, 16

entry inspection under Article 19,

① or 16-2 ① of the Act is unable to leave

section 2 of the Act, the branch

the country within the relevant permitted

officer shall take back the written

period, the person who has applied for

landing permit. However, the branch

a landing permission shall submit an

officer

application for an extension of the period

landing permit when a foreigner who

- 76 -

shall

take

back

the

crew

of landing permission, indicating the

has

reasons for such extension, to the head

permit under Article 14, section 4 of

of the branch office or sub-branch office.

the Act departs from the last port



of entry and departure, and shall

② Where there exists an application for

been

issued

a

take back the multiple

crew

landing

crew landing

the

permit when a foreigner who has

extendable period at one time shall not

been issued a multiple crew landing

exceed the period under Article 14 ①,

permit under Article 18, section 2 of

15 ①, 16 ① or 16-2 ① of the Act,

the Act departs from the last port

respectively.

of entry and departure. (Revised,

extension

under

paragraph

①,

Jul. 1, 1997) ② When a branch officer takes back the landing permit under

section ①

of this Article, he/she shall notify the fact to the head of the branch office/sub-branch office having that issued the landing permit. (Revised.

1999.2.27.) Article 25 (Notification of Departure, etc. of Landing Permittees) ① The head of the branch office/ sub-branch office shall notify the list

of

landing

permittees

to

the

head of the branch office/sub-branch - 77 -

office having proper jurisdiction over the expected port of departure or port of landing without delay when he authorizes landing permittees to depart from other ports of entry and departure,

or

grants

a

landing

permission under Article 14, section 4 of the Act. ②

The

head

of

the

branch

office/sub-branch office having been notified

under

section ①

of

this

Article shall notify the fact to the head of the branch office/sub-branch office

which

granted

the

landing

permit when the landing permittee does not depart until the period of the landing permit expires. (Revised,

1997.7.1.〉

- 78 -

Immigration Control law CHAPTER 4. STAY AND DEPARTURE OF

Enforcement Decree CHAPTER Ⅲ

Article 17 (Stay of a Foreigner and

CHAPTER 3. STAY AND

STAY AND DEPARTUR

E OF FOREIGNERS

DEPARTURE OF FOREIGNERS

SECTION 1. Stay of Foreigners

SECTION 1. Stay of Foreigners

FOREIGNERS

SECTION 1. Stay of Foreigners

Enforcement Regulation

Article 26 (Report on the Persons

Article 22 (injunction order)

subject

the Scope of Activities)

to

the

Injunction

of

① A foreigner may stay in Korea

When he intends to order the injunction

Activities)

within the scope of the status of

of activities under Article 17 ③ of the

①

stay and the period of stay.

Act, the Minister of Justice shall deliver

office/sub-branch office shall report

directly, or through the head of the branch

the facts to the Minister of justice

activities,

office or sub-branch office, to the

without

provided by this Act or other

relevant foreigner a written order to sus-

person who is subject to the reasons

pend

under

② No foreigner staying in Korea shall engage unless

in

any

political

Acts. 〈Revised Mar.24, 2005〉

activities,

indicating

that

the

The

head

delay, Article

of

when 11,

the

he

branch

finds

section

a ①,

③ If a foreigner staying in Korea is

relevant activities are to be immediately

subsection ③ of the Act, and who is

engaged in any political activities,

suspended, and that, if failed to do so,

considered

- 79 -

as

doing

political

the Minister of Justice may order

such measures as forced removal are to

activities under Article 17, section

him/her in writing to stop doing such

be taken, and other necessary matters

② of the Act.

activities or take other necessary

thereon.

②

measures.

When

the

head

of

the

sub-branch office makes a report under section ① of this Article, it shall be done through the head of its competent office. However, in urgent

cases,

sub-branch

the

head

of

the

office

shall

directly

report to the Minister of justice and inform the results thereof to the head

of

its

competent

office

afterward. Article 27 (Delivery of injunction order of Activities) ①

When

the

head

of

branch

office/sub-branch office delivers a injunction order of activities under Article 22 of the Decree, he shall take a receipt. ② When the head of the branch office/sub-branch

office

deems

necessary in delivering the injunction order of activities under section ① - 80 -

of this Article, he may urge the head of the relevant organization or guarantor to observe the injunction order of activities. Article

18

(Restriction

on

Employment of Foreigners) ①

If

a

foreigner

intends

Article Article

to

be

employed in Korea, s/he shall obtain,

23

(Foreigner’s

Employment

and status of stay)

Activities

on

of

the

Overseas

(acts)" described in Article 23 of

Executive Order, the status of stay

employment" in Article 18-1 of the Act

the Decree means a job requiring a

allowing employment.

indicates;

simple, ordinary physical labor, in

provided

by

the

Presidential

② A foreigner who has obtained the

9.

Temporary

of

stay

① The term " menial labor activities

allowing

as

status

Employment

(Restriction

Korean Residents)

① Among the statuses of stay in Table

1,"the

27-2

employment(C-4),19.

the field for simple labor workers

status of stay as referred to in

Professor(E-1)or25. Specific activities

under

paragraph ① shall be employed only

(E-7), 25-3.unskilled employment(E-9),

Classification (Notice of the Korean

at the designated place of work.

Korea

Standard

Jobs

National Statistical Office)

25-4. Crew Employment(E-10) and

③ No one shall employ a person who

31.Visit & Employment (H-2)
② The term "activities(acts) which

does not have the status of stay as

Dec. 1, 1995; April 1, 1998; Sep.1,2003;

are contrary to good public morals

referred to in paragraph ①.

Aug.17, 2004; Feb.28,2007;

and

④ No one shall arrange or induce, as referred to in paragraph ①, a person

June1, 2007> ②

other

speculative

Notwithstanding

the

provisions

of

social acts,

orders etc.

such

as

means

activities falling under any of the

who does not have the status of

paragraph ①, a person falling under any

following

stay to be employed .

of the following sub-paragraphs shall not

Jul.8.2005)

sub-sections.

(Revised,

⑤ No one shall put anyone who has

be limited in his employment activity

1. Activities of employment in the

not obtained the status of stay as

pursuant to the classification of status of

places of speculative acts specified

- 81 -


referred to in paragraph ① under

stay:

his/her control for the purpose of

2005; Feb.28, 2007; June 1, 2007>

arranging employment.

in Article 2, section ①, subsection ① of the 「Act on Special Cases

1. Among the statuses of stay in Table 1,

regarding Regulation and Punishment

anyone belonging to the subsection Ma

of

to Da in 27. Residence(F-2) category

Article

2. Among the statuses of stay in Table

1, anyone belonging to the subsection Ra,

Speculative 1-2

Acts,

of

the

etc.」and Enforcement

Decree of the same Act. 2.

Activities

to

work

as

an

Ha, or Ca in 27. Residence(F-2) category

entertainment

and intending to be engaged in the

entertainment

activities of his(her) previous status of

bar, etc. specified in Article 21,

stay.

section ② of the「Food Sanitation

③

Notwithstanding

the

provisions

employee business

in

such

the as

a

of

Act」and Article 7, subsection ⑧ of

paragraph ①, a person falling under a

the Enforcement Decree of the same

status of stay 28-2. Korean residents

Act.

overseas (F-4) in the attached Table 1

3. Activities of employment in the

shall be exempted from a restriction on

places which are contrary to good

his

the

public morals among entertainment

classification of the status of stay, except

business specified in Article 2 of

for the

the「Act

cases falling under any of the following

Amusement Business affecting Public

subparagraphs: provided that even if he

Morals」and

Article

is permitted to engage in the employment

Enforcement

Decree

activities, when the Korean Acts and

Act.

activities

subordinate

pursuant

statutes

require

to

him

to

acquire a specific qualification, he shall - 82 -

on

the

Regulation 2 of

of the

of the

same

③ The specific scope of restrictions on

employment

activities

of

do so:
Overseas

1. Where he works in a menial labor activity; he

commits

the

Residents

under

the provisions of sections ① and ② of

2. Where

Korean

this

Article

and

Article

23,

activities

section ③ ③ of the Decree shall be

violating the good morals and other social

publicly notified by the Minister of

orders, such as gambling ; and

Justice through the deliberation and

3. Where deemed necessary to restrict his

adjustment of the Deliberation and

relevant employment in order to maintain

Adjustment Committee for Overseas

public

Korean Residents 'Entry/ Departure/

interest

and

a

domestic

Stay.
employment order. ④ The person falling under a status of stay 28-3. Permanent Residence (F-5) in

the

attached

notwithstanding paragraph

①,

Table

the be

1

shall,

provisions

exempted

from

of a

restriction on his activities pursuant to the classifications of status of stay.

⑤ The provisions of paragraph ① shall apply mutants mustangs to the case where the person falling under such status as a status of stay 30. Employment in Tourism (H-1) in the attached Table 1, engages in the job-seeking activities.

- 83 -

⑥ Definite scope of each subparagraph of paragraph ③ shall be prescribed by the Justice Minister's Order.
Added, 1999.11.27.>

Article

28

Reported

(Examination by

an

of

Employer

Facts of

a

Foreigner)

Article 19 (The Reporting Obligation

① When the head of the branch

of Those Employing Foreigners) ① An employer of a foreigner who has, as prescribed in Article 18-①,

Article 24 (Reporting by Persons, etc. Employing Foreigners)

office/sub-branch

office

has

been

submitted a report on the change in

allowing

① A person employing a foreigner or the

circumstances of a foreign employee

report

head of an enterprise training a foreigner

or industrial trainee, in accordance

any facts occurred set forth in the

in industrial technology shall, when he

with the provisions of Article 24,

following sub-paragraphs, within 15

intends to make a report under Article

section ① of the Decree, he shall

days

first

19 of the Act, submit to the head of the

examine the facts without delay and

Revised Dec.12,

branch office or sub-branch office a

take necessary measures therefore.

written report on the occurrence of



a

status

of

employment

activities

since

noticed

of

stay

the them:

shall

employer

1996, Mar.24, 2005〉 1. The dismissing of the foreigner, or the

resignation

or

death

of

the

Being

employment

or

training.


1997.6.28>

foreigner; 2.

reasons for a change of foreigners under

unable

to

locate

the

foreigner; 3. Changes on the major parts of the employment contract; and 4. When noticed the act that the

②

The

head

of

the

branch

office/sub-branch office shall record the

results

of

processing

under

② For the purpose of Article 19 ① 3 of

section ① of this Article in the

the Act, the term “where important

register of a report on the change in

contents of the employment contract are

circumstances of a foreign employee

changed” means the

or

under

any

time when falling

of

the

following

foreigner had violated this Act or

sub-paragraphs:
the orders issued under this Act.

2003.9.1, 2005.7.5, 2006.8.24> - 84 -

industrial

1997.7.1>

trainee.


② The provision of paragraph ① shall be applied, mutants mustangs, to

the

an

industry

duration

of

employment

contract is changed; 2. When the title of the employer or the

foreigners

working place is changed or the location

with training in industrial technology.

of the working place is changed due to

〈Newly Added Dec.12, 1996〉

the moving into a new place (excluding

who

of

the

or

business

head

1. When

provides

when a foreigner changes his working place under Article 21 ① of the Act); 3. When the working place is changed into another business place of

the same

company or another business place is added to the working place; and 4. When the employee is dispatched in accordance with the Protection, etc. of Dispatched Workers Act or any other Act (including when the business place to Article 19-2 (Protection of Industrial Trainees. etc.) ①

The

necessary

government measures

which the dispatched employee belongs is changed).

shall to

take protect

foreigners who are being trained at the designated industries(hereinafter

Article 24-2 (Industries for Industrial Training, etc.) ① Industries in which foreigners are able

referred to as "industrial trainees")

to engage in the industrial

with the status of stay authorizing

training activities pursuant to Article

industrial training under Article 10.

19-2 of the Act shall be as follows: - 85 -

② What is necessary regarding the


designation of Industries referred to

2005.7.5>

2001.7.16,

2002.4.18,

in paragraph ① shall be determined

1. Industries which directly invest in a

by the Presidential Executive Order.

foreign country pursuant to Article 3 ①

〈Newly Added Dec.13, 1997〉

16 of the Foreign Exchange Transactions Act;

Article

19-3

(Management

of

Industrial trainees, etc.)

a foreign country, and which are deemed

① The Minister of Justice shall take the

measures

management

necessary

of

2. Industries which export technologies to

industrial

for

the

trainees,

by the Minister of Justice to require an industrial training; 3. Industries

which

export

industrial

including departure of the foreigner

plants to a foreign country pursuant to

by

Article 22 ① of the Foreign Trade Act;

investigating

him/her

whether

s/he has absconded from the training

and

place, or done activities other than

4. < Deleted ; 2007.6.1>

training, or breached other permitted

②

conditions.

③ < Deleted ; 2007.6.1>

② The necessary matters for the management

of

industrial

< Deleted ; 2007.6.1>

④ < Deleted ; 2007.6.1>

trainees

under the provision of paragraph ① and recruitment related to entry of

Article 24-3 (< Deleted

;

Jun.

1.

2007>

industrial trainees shall be regulated by the Presidential Executive Order. ③

The

Minister

of

Justice

may

permit the persons satisfying certain

Article

24-4(Recruitment

and

Management of Industrial Trainees) ① Industries under Article 24-2 ① 1 - 86 -

requirements under the Presidential

through 3 shall recruit industrial trainees

Executive

who are foreigners according to the

Order

(hereinafter

referred to as an employee after Industrial Training) to change their status

to

activities.

engage In

in

this

following: 1. For industries which directly invest in

employment

a foreign country, the employees who

case,

engage

the

in

production

labor

at

the

provisions of paragraph ① and ②

joint-invested corporation or the field

shall be applied, mutants mustangs,

corporation;

to

the

management

of

industrial

trainees.

〈Newly Added Dec.13, 1997〉

2. For

industries

which

export

technologies to a foreign country, the employees who engage in production labor at the foreign company in which the amount of contract for the technology introduction or technical tie-up is not less than one hundred thousand dollars in American currency; and 3. For industries which export industrial plants to a foreign country, the employees who engage in production labor at the foreign company

which imports the

industrial plants. ② < Deleted ; 2007.6.1> ③ The

head

of

an

industry

under

paragraph ① or the head of a recruiting agency under paragraph ② shall not - 87 -

recruit foreigners falling under any of the following sub-paragraphs as industrial trainees: 1. A person who has been sentenced to imprisonment without prison

labor or

heavier punishment in the Republic of Korea, or has been sentenced to a corresponding punishment in a foreign country; 2. A person who has left the Republic of Korea under exit order or forced removal order; 3. A person who has stayed illegally for 6 or more months in the Republic of Korea; 4. A person who is likely to enter the Republic

of

Korea

for

an

illegal

employment; and 5. A

person

who

falls

under

any

subparagraph of Article 11 ① of the Act. ④ The head of competent government office for labor may, if deemed necessary, request the head of the branch office or sub-branch

office

to

furnish

the

departure and entry records of the industrial trainees. - 88 -

⑤ Deleted. <2007.6.1> ⑦ Other

matters

recruitment

necessary

and

for

the

management

of

industrial trainees shall be separately determined by the head of the competent central administrative agency. Article

19-4

(Management

of

[This Article Newly Added, 1998.4.1] Deleted.

International Students, etc.) ① The head of a school (referred to

Article

24-5

or

Article

24-7<June 1, 2007>

the schools under each subparagraph of

Article

2

Education

of

"the

Act")

Higher

where

the

Article 24-5 through 24-7 Deleted <Ju

ne 1, 2007>

foreigners having the status of stay capable of studying or training under the

provision

of

Article

Article24-8 (Management of Internation

10

al Students, etc.)

(hereinafter

referred

to

as

Under Article 19-4-1, a school head

"international

students")

are

in

shall do the following functions;

school or in training, shall designate the

staff

to

manage

1. Management of the attendance and a

international

bsence, accreditation, etc. of internatio

students and notify the designation

nal students as prescribed in Article 1

to the head of office or branch

9-4-1. 2. proper and necessary consulting with int

office. ② When any of reasons falling under the

following

occurred,

the

has

3. Notice(inclusive of electronic notice)

school,

of such a managed consulting to the he

sub-paragraphs head

of

a

ernational students to prevent getaways

- 89 -

under the provision of paragraph ①,

ads of branches

shall report to the head of office or

mmigration office under the above sub

branch office within 15 days from

-article 1 and 2

the date of knowing the fact: 1.

When

a

permission

foreign for

② the works of sub-section 1 can be

student

entering

or sub-branches of i

given

school

or

delegated to the person in charge unde r Article 19-4-1.

register

③ Minister of Justice can make the det

within the registration period of each

ails as to the works of sub-section 1

semester or absented from school

of this article.

training program has failed

temporarily; and 2. When the study or training of a foreigner has come to an end due to the

reasons

of

expulsion

from

school, suspension of training or is missing. ③ The necessary matters for the management of international students shall

be

regulated

by

the

Presidential Executive Order.

〈Newly Added Mar.24, 2005〉

Article 20 (Permission for Engaging in Activities not Covered by The status of stay) - 90 -

When a foreigner staying in Korea intends

to

engage

in

activities

Article

29

(Limitations

on

the

corresponding to a different status

Permission for Engaging in Activities

of stay in addition to those activities

not Covered by The status of stay

corresponding

etc.)

status

of

to

stay,

his/her s/he

original

shall

obtain

permission for activities beyond the current

status

of

stay

from

Minister of Justice in advance.

the

When

the

head

of

the

branch

Article 25 (Permission for Engaging in

office/sub-branch office receives an

Activities not Covered by The status

application for permission for change

of stay)

of status under the provisions of

① A person who intends to obtain a permit

Article 25 of the Decree, he shall

to engage activities falling to a different

examine

status of stay concurrently with those

activities are recognized as the main

corresponding to his own status of stay

activities

under Article 20 of the Act, shall submit

examination, he shall make the said

an application form for permission for

applicant

activities not covered by his own status

change of status.

of stay to the head of the branch office or sub-branch office, along with the documents as prescribed by the Justice Minister's

Order.

② The head of the branch office or sub-branch office shall, upon receipt of an application form under paragraph ①, forward it without delay to the Minister of Justice with his opinions attached - 91 -

thereon, as

the

obtain

and result

if of

permission

new the for

thereto. ③ The head of the branch office or sub-branch Minister

office

of

shall,

Justice

when

the

approves

the

application under paragraph ①, imprint the applicant’s passport, etc. with a permission Article 21 (Change and/or Addition of Working Place)

stamp

for

activities

not

covered by his own status of stay: provided that a permit for activities not

① When a foreigner staying in Korea

covered by his own status of stay may

intends to change or add the place

be issued in substitute for imprinting a

of work within the scope of his/her

seal of permission for activities not

status

covered by his status of stay, where there

of

stay,

s/he

permission

from

the

shall

obtain

Minister

of

Justice in advance. ② No one shall employ or arrange an

exists no passport, or other cases deemed necessary.


1995.12.1,

2005.7.5>

employment a foreigner who has not obtained permission for the change or addition of the place of work under paragraph ①, except when the

Article

26

(Permission

for

Change

and/or Addition of Workplace) ① A

person

who

intends

to

obtain

employment was arranged by other

permission for the change or addition of

Acts.
a workplace under Article 21 ① of the Act shall submit to the head of the branch office or sub-branch office a written application for permission for the change - 92 -

or addition of a workplace, along with the documents as prescribed by the Justice Minister's Order. ② Upon receipt of a written application under paragraph ①, the head of the branch office or sub-branch office shall forward it without delay to the Minister Article 22 (Restrictions on the Scope of Activities)

of Justice, with his opinions attached thereto.

when

③ When the Minister of Justice grants a

public

permit to an application under paragraph

safety of or the crucial interest of

①, the head of the branch office or

Korea, may restrict the residence or

sub-branch office shall imprint a per-

the scope of activities, or establish

mission stamp for the change or addition

Article 30 (Delivery of a Notice of

other requirements to be observed,

of a workplace on the passport, etc., and

Restriction on the Scope of Activities,

with

enter the changed or added workplace

etc.)

thereon.

The provisions of Article 27 of this

The

Minister

deemed

of

necessary

respect

staying Korea.

to

Justice, for

any

the

foreigners

Rules shall apply to the delivery of Article 27 (Restriction on Scope of

a notice of restrictions on the scope

Activities)

of

activities,

When he has restricted the scope of the

provisions

residence of the foreigner under Article

Decree.

of

etc. Article

under

the

27

the

of

22 of the Act, the Minister of Justice shall deliver directly, or through the head of the branch office or sub-branch office, - 93 -

Article 31 (Report on Persons who received the Injunction Order)

a restriction order on the scope of

①

The

head

of

the

branch

office

shall

activities, etc. indicating the relevant

office/sub-branch

restricted matters

or the matters for

investigate their activities and report

observance and the reasons therefore,

the results to the Minister of Justice

to the relevant foreigner.

without

delay,

persons

who

Article 28 (Exception to Notification Methods)

with have

respect received

to the

injunction order of activities under Article 22 of the Decree, or a notice

① In delivering the injunction order of

of

restrictions

on

the

scope

of

activities or the notice of restriction on

activities, etc. under Article 27 of

scope, etc. of activities under Article 22

the Decree.

or 27, the delivery to a person residing

② When the head of the branch

with the foreigner or to the head of an

office/sub-branch

organization

whereto he belongs shall

that the reasons for the order or

be deemed to have been delivered to the

restriction disappeared in the case of

Article 23 (Grant for Status of Stay)

principal, when the foreigner is absent

section ①, he shall recommend the

A foreigner who comes to stay in

or there exists a reason for being unable

Minister of Justice of its revocation.

Korea without the qualified status of

to deliver directly to the principal.

stay stipulated under Article 10 due to the loss of Korean nationality or birth in Korea, etc. shall obtain a

② If any urgency is required in the case of Article 22 or 27, the notice may be orally delivered. In this case, the

status of stay, as prescribed in the

injunction order of activities

Presidential Executive Order, within

restriction

30 days since such events occurred.

activities shall be delivered in writing

order

on

scope,

or the etc.

without delay after the oral notice. - 94 -

of

office

recognizes

Article 29 (Grant for status of stay) ① A person who intends to obtain a status of stay under Article 23 of the Act shall submit a written application for grant for the status of stay to the Minister of Justice along with the documents as prescribed by the Justice Minister's Order, through the head of the office or branch office. Article

24

(Permission

for

the

② When granting a status of stay under paragraph ①, the Minister of Justice shall

Change of the Status of Stay) ① When a foreigner staying in Korea

fix the period of stay, and notify the head

intends to engage in the activities

of the branch office or sub-branch office

corresponding to the status of stay

thereof.

different shall

from

obtain

his/her

own,

s/he

for

the

permission

③

Upon

receipt

of

a

notice

under

paragraph ②, the head of the branch or

change of the status of stay in

sub-branch

advance

imprint the stamp for granting a status

from

the

Minister

of

Justice. ②

A

immigration

office

shall

of stay on the passport, etc., and enter person,

subparagraph

falling of

under

paragraph

①

any

the status and period of stay thereon.

of

Article 31, who intends to change his/her status of stay due to the change of his/her status, s/he shall obtain permission for the change of

Article 30 (Permission for Change of the status of stay) ① A

person

who

intends

to

obtain

permission for a change of status of stay - 95 -

the status of stay from the Minister

under Article 24 ① of the Act shall submit

of Justice within 30 days from the

a written application for the change of

date of change of his/her status.

status of stay to the head of the branch office or sub-branch office along with the documents as prescribed by the Justice Minister's Order. ② Upon receipt of a written application

Article

25

(Permission

for

the

under paragraph ①the head of the branch

Extension of the Period of Stay)

office or sub-branch office shall forward

If a foreigner intends to continue to

it without delay to the Minister of Justice,

stay

with his opinions attached thereto.

in

Korea

in

excess

of

the

permitted period of stay, s/he shall

③ When the Minister of Justice grants a

obtain permission for the extension

permit to the application under paragraph

of

the

period

from

the

①, the head of the branch office or

before

the

sub-branch office shall imprint a stamp

stay

for permitting a change of status of stay

Extension of the Period of Stay for

under the conditions as prescribed in

on the passport, etc, and enter the status

Departure)

the

and period of stay and the workplace

Minister expiration

of of

of

stay

Justice, the

Presidential

period Executive

of

Order.


thereon.

Article

32

(Permission

for

the

① The head of the branch office /sub-branch

office

may

extend

his/her period of stay if a person Article 26 Deleted <1996.12.12〉

Article 31

whose authorized period of stay is going to expire falls under any of the

① A person who intends to obtain permission for the extension of period of stay under Article 25 of the Act shall - 96 -

following

sub-sections.


1994.7.20. 1999.2.27, 2002.4.27.> 1.

When

a

registered

foreigner

submit a written application for a permit

intends to temporarily stay for the

for an extension of period of stay to the

purpose

head of the branch office or sub-branch

finishing his/her activities under the

office before the period of stay expires,

current status of stay.

of

domestic

travel

after

along with the documents as prescribed

2. When a person may not depart

by the ordinance of the Ministry of

because there are no vessels, etc.

Justice.

available for departure, or due to

② Upon receipt of a written application under paragraph ①, the head of the

other unavoidable circumstances. ②

A person

who intends

to get

branch office or sub-branch office shall

permission

forward it without delay to the Minister

under section ① of this Article shall

of Justice, with his opinions attached

submit to the head of the branch

thereto.

office/sub-branch

for

extension

of

stay

office,

an

③When the Minister of Justice grants a

application form for permission for

permit to the application under paragraph

extension of stay along with the

①, the head of the branch office or

data proving the reason therefore.

sub-branch office shall imprint a stamp

③ When the head of the branch

for permitting the extension of period of

office/sub-branch office permits the

stay on the passport, etc. and enter the

extension of stay under section ①

period of stay thereon: provided that

of this Article, the fee for extension

when the extension of period of stay is

of stay is not required.

permitted to a person who has completed the foreigner regestration, it shall be

Article 33 (Postponement of Term of

substituted with an entry of the permitted

Departure, Extension of Deadline for

period on the certificate of foreigner

Departure)

- 97 -

registration.

① The head of the branch office/ sub-branch office or the head of the

Article 32 Deleted. <1997.6.28.>

immigration postpone

Article

33

(Departure

Notice

detention

the

term

center of

may

departure,

When

when it is evident that the person

Permission for Extension, etc. of the

given the notice of denial decision of

Period of Stay is not Granted)

extension of stay, etc. or the person

① When he does not grant permission,

given

the

recommendation

of

under Articles 29 through 31, the Minister

departure or

of Justice shall issue a disapproval notice

depart by the deadline because there

on the extension of period of stay, etc.

are no vessels, etc. available for

and deliver it to the applicant. In this case,

departure, or due to disease or other

when a change of status of stay under

unavoidable circumstances.

exit

order may

not

Article 30 is not permitted, the foreigner

② A person who intends to postpone

may be allowed to stay within the period

the term of departure pursuant to

of stay permitted already.
section ① shall submit to the head

1997.6.28.>

of

② The deadline for departure shall be

the

branch

office/immigration

office/sub-branch detention

center,

clarified within the limit not exceeding

an application form for postponement

14 days from the relevant issuing date,

of term of departure along with the

on the disapproval notice on the extension

data proving the reason therefore.

of period of stay, etc. under paragraph

③ If the postponement of term of

①: provided that the expiration date of

departure is deemed necessary as a

permitted period of stay may, if deemed

result of examining the application

necessary, be substituted for the deadline

documents pursuant to section ② of

- 98 -

for departure.

this Article, the head of the branch office/sub-branch

office/immigration

detention center may postpone the term of departure, if there are no vessels, etc. available for departure, until the period set by the Minister of Justice in view of the estimated number

of

departure

and

circumstances of the vessels, etc. or in

other

cases,

until

the

reasons

disappear.
8〉 Article 34 (Application and Receipt of Various Permissions, etc.) ① The application and receipt of “various permissions” under Article 25, Article 26, Article 29 through 31, Article 38 of the Decree, or of the “registration” under Article 40, section ① of the Decree and of the issue of a "stay of foreigners" under Article 17 of the Decree shall be made

in

person

representative - 99 -

or

designated

by by

any the

Minister

of


Justice.

2005.7.8.> ②

Matters

application

necessary and

receipt

for

the

by

any

representative under section ① of this Article shall be determined by the Minister of Justice.
1997.7.1.> Article

35

(Register

of

Various

permissions, etc.) When the permission under Article 25, Article 26, Article 29 through 31, Article 38 of the Decree has been granted by the head of the branch office and sub-branch office, such fact shall be included (stated) in the register of such permission.

Article 36 (Register of Notice of Article 27 (Carrying and Presentation

Denial

of Passport, etc.) carry

on

Extension

of

Stay)

① A foreigner staying in Korea shall always

Decision

his/her

When a “notice of denial decision on

passport,

extension of stay” under Article 33 - 100 -

Seaman's

Identification

Certificate,

of the Decree has been issued by

Foreigner Entry Permit, certificate

the head of the branch office and

of foreigner registration or

sub-branch

Landing

office,

name,

passport,

shall be stated in the register of the

However,

exceptional if the foreigner is under

of

nationality,

Permit (hereinafter referred to as "a etc.").

deadline

a

departure,

etc.

said notice.

the age of 17.

〈Revised Mar.24, 2005〉

Article 37 (Period of Permission for Extension of Stay)

② When an immigration officer or other authorized public officer, in

① In the case of the grant of the

carrying out his/her mission, requires

status of stay or the permission for

a

of

change of status under Article 29

paragraph ① to present a passport,

and 31 of the Decree, the maximum

etc. the foreigner shall comply with

period of stay allowed for one time

it.

shall be made in accordance with the

foreigner

under

the

text

provisions of Article 18-2 of these Rules
1, 1997; March 5, 2007> ② Among the statuses of stay in Table 1 of the Enforcement Decree, 31.granting the permit of stay not to exceed 3 years continuously to the person

qualified

Employment(H-2),

for

Visit

Among

& the

statuses of stay in Table 1 of the - 101 -

Enforcement Decree,1. if any person , who is(are) parent(s) or spouse of the

person

qualified

for

Student(D-2), stay with the visa for Visit & Employment(H-2), his or her stay cannot exceed the study period of the person with D-2 visa.

Article 38 (Prior Notice of Departure when Granting the Status of Stay) When

the

head

of

the

branch

office/sub-branch office intends to write down the fact that the person Article

34

Departure

(Advance When

Granting

Notice status

under

Article

of

should

depart

of

his/her authorized period of stay, it

stay, etc.)

34

of

from

the

Decree

Korea

within

may be replaced by stamping a seal

Where the status of stay is granted or a

of prior notice for departure on the

change of status of stay is permitted

passport instead of writing down the

under Articles 23 through 25 of the Act,

said

and if it is decided not to permit any

2005.7.8.>

extension of period of stay thereafter, the

head

of

the

branch

office

or

sub-branch office shall enter on the - 102 -

fact.


1995.12.1,

passport,

etc.

the

purport

that

the

passport holder shall leave within the permitted period of stay.
1995.12.1, 1997.6.28, 2005.7.5>

Immigration Control law SECTION 2

Enforcement Decree

Departure of

SECTION 2

Enforcement Regulation

Departure of Foreigners

SECTION 2

Foreigners

Departure of

Foreigners

Article 28 (Departure Inspection)

Article 35 (Departure Inspection)

Article 39 (Departure Inspection of

① If a foreigner intends to depart

① The provisions of Article 1 ① through

from Korea, s/he shall, with a valid

③ shall apply mutants mustangs to the

① The departure inspection of foreigners

passport,

departure

departure inspection of foreigners under

prescribed in Article 35 of the Decree

by

an

Article 28 ① of the Act: provided that

shall be made in accordance with the

immigration officer at the Port of

the departure inspection stamp may be

provisions of Article 1.


omitted from the passport, etc.
inspection Entry

and

go

through

conducted Departure.

Dec.12, 1996, Mar.24, 2005〉

1994.6.30, 2005.7.5>

Foreigners)

② A foreigner who has entered and intended to board the vessel, etc.

② The proviso of Article 3-① shall

② When a foreign crew employed on the

which is anchoring in the territory of

apply, mutants mustangs, to the case

ship, etc. of the Republic of Korea departs

Korea as a status of crew members

as referred to in paragraph ①.

from the country, the provisions of Article

shall undergo a departure inspection

③ The provision of Article 5-②

1 ④ and ⑤ shall apply mutants mustangs

under Article 35 of the Decree.

shall apply, mutants mustangs, to

to the procedure for relevant departure.

the

case

as

referred

to

in

③ The provisions of Article 15 ⑦ shall - 103 -

③ The provisions of Articles 2 and 3 shall

apply,

in

relation

to

the

apply mutants mustangs to the custody

preparation and management of the

of forged or altered passport, etc. and

foreigner's E/D

④ The provision of Article 12-⑥

the procedures for relevant notice under

foreigner's E/D card may be replaced

shall apply, mutants mustangs, to

Article 28 ③ of the Act.
with the passenger list, in the case of

the

2005.7.5>

group passengers of the tour vessels,

paragraphs

①

and

②.


Dec.12, 1996〉

case

paragraphs

as ①

referred and

②.

to

in

〈Newly

card. However, the

etc.

Added Dec.12, 1996〉

④ The provisions of Article 4 shall apply, in relation to the registration of

a

departs

foreign

crew

from

the

member country

who in

accordance with Article 35, section ② of the Decree. ⑤ When he/she conducts a departure inspection under section ① of this Article, regarding a person who has been delivered a recommendation of departure under Article 67 of the Act, or an exit order under Article 68 of the Act, or a notice of denial decision on the extension of stay, etc. under Article 33 of the Decree, a branch officer shall take back a recommendation of departure and an exit order or a notice of denial decision on the extension of stay, - 104 -

etc. and send them to the head of the branch office/sub-branch office/ immigration

detention

issued thereon. Article

29

(Suspension

of

a

Foreigner's Departure) The

Minister

of

Article 36 (Suspension of Foreigner’s Justice

may

Departure)

suspend the departure of a foreigner

The provisions of Articles 2, 3, and 5

who

each

shall apply mutants mustangs to the

4-①

suspension of a foreigner’s departure

falls

subparagraph

under of

any

of

Article

〈Wholly Revised Dec.29, 2001〉

under Article 29 of the Act. Article Whose

37

(Departure

Departure

of

Foreigner

Suspension

is

ㄲ

evoked) Where a foreigner has intended to depart from the country within the permitted period of stay, but fails to depart within the relevant period on account of the suspension of departure, he may depart without any other procedures, such as an extension of period of stay, etc., within 10 days from the date of revoking the suspension of departure - 105 -

center

who

Article 30 (Permission of Re-entry) ① If a foreigner who has registered or

has

been

exempted

from

Article Article38(Delegation of Power on the extension period for the reentry)

39-2

(Permission

of

Re

entry) ① A person who intends to get the

Foreigner Registration under Article

If a foreigner who was permitted reent

re-entry permit under Article 30①

31 intends to come back to Korea

ry under Article 30-4 cannot come ba

of the Act shall submit to the head

after temporary departure within the

ck to Korea due to the absence of the

of the branch office or sub-branch

period of stay given, the Minister of

properly scheduled vehicles, illness, or

office an application for re-entry

Justice

to

any other unavoidable circumstances, th

permit,

his/her

e Minister of Justice may delegate the

establishing the reason therefore.

application. But, with regard to those

power to the head of Korean diplomati

who have, among the statuses of

c missions overseas to permit such a f

sub-branch

stay under the provision of Article

oreigner applicant to re-enter Korea n

without delay to the Minister of

10-①,

ot exceeding 60 days.

Justice, along with his opinions when

may

re-enter

permit

Korea

a

him/her

upon

status

of

stay

for

permanent residence, the Minister of Justice

may

exempt

them

from

[Newly Added

2003,11.20, revised,

2008.7.3>

along

with

the

data

② The head of the branch office or

he

or

office

she

has

shall

send

received

it

the

application for the re-entry permit

having the re-entry permission.

under section ① of this Article.

〈Revised Dec.29, 2001, Dec.5, 200

Article 39 Deleted. <2003.9.1.>

2〉

③ The period of re-entry permit shall be determined(set) within the

②

The

prescribed classified

re-entry in into

permission

paragraph a

single

①

scope(range) of the period of stay

is

authorized.

re-entry

④ The head of the branch office or

permission valid for one time and a

sub-branch

multiple re-entry permission valid

re-entry

for twice or more times.

passport and write the period of the

③

If

a

foreigner

is

unable

to

office permit

shall stamp

affix on

a the

re-entry permit or otherwise attach - 106 -

re-enter Korea within the period

the re-entry permit sticker on it

authorized

when

under

the

provision

of

the

Minister

approves

any

inevitable

s/he

re-entry permit under section ①.

shall

obtain

the

However, the re-entry permit shall

period extension of re-entry from

be issued to a stateless person or a

the Minister of Justice, before the

national of a country prescribed in

period authorized expires.

Article

④

The

permission

Minister

of

for

Justice

7④

application

Justice

paragraph ① due to any disease or circumstances,

the

of

of

2005.7.8.>

may

the

for

the

Act.

Added,

2003.9.24.>

delegate, pursuant to the provisions of the Presidential Executive Order, the

authority

regarding

permission

Article

mission overseas. regarding

"permission

criteria

and

re-entry

for

extension

of

re

procedures

entry permit" under Article 30① of

permission,

the Act shall submit to the head of

permission of its

period extension

the

and

from

application

exemption

for

① A person who intends to get the

to the head of a Korean diplomatic The

(Permission

Extension of Re-entry Permit)

for the period extension of re-entry

⑤

39-3

re-entry

Korean

mission for

overseas

permission

an for

permission shall be prescribed by

extension of re-entry permit, along

the

with the data proving the reason

Justice

Minister's

Order.

〈Revised Dec.5, 2002〉

therefore. ②

The

period

of

permission

for

extension of re-entry permit shall be set within the period of three - 107 -

months from the expiration date of re-entry permit. In this case, the period of such extension may not exceed the period of stay authorized. ③ The head of the Korean mission overseas

shall

stamp

a

seal

of

permission for extension of re-entry permit

on

the

passport

or

the

re-entry permit of the person who has

obtained

the

permission

for

extension of re-entry permit, and write

the

authorized

period

of

extension on it. Article

40

(Criteria

for

Multiple

Re-entry Permit) The criteria for multiple re-entry permit under Article 30② of the Act shall be determined by the Minister of Justice, considering the principle of reciprocity. Article

41

(Period

of

Re-entry

Permit) ① The maximum period of re-entry - 108 -

permit shall be as follows: 1. A single re-entry permit : 1 year 2. A multiple re-entry permit : 2 years ② The maximum period of re-entry permit for a person falling under one of the following sub-sections shall be

3

years,

notwithstanding

the

provisions of section ①② of this Article. 1. A person who falls under the status

of

stay

Investment(D-8)

17.

Foreign

the

attached

in

Table 1 of the Decree who has invested

more

than

a

certain

amount of money designated by the Minister of Justice. 2. A person who falls under the status of stay 27. Residence(F-2) and who has invested more than a certain

amount

of

money

in

the

domestic industry for a given period designated by the Minister of Justice and

who

activities - 109 -

is

engaged

continuously.

in

business

〈Wholly

Revised, 2002.4.27.〉 Article 42 (Revocation of Re-entry Permit, etc.) When a person who has been issued a re-entry permit falls under one of the following subsections(belongs to one of

the following cases),

re-entry

permit

shall

the be

surrendered(taken back) by a branch officer and delivered to the head of the branch office and sub-branch office issued. 1.

When

the

bearer

of

a

single

re-entry permit enters the country 2. When the bearer of a multiple re-entry permit enters the country for the last time(finally). <Wholly

Revised, 1994.7.20.> Article 43 (Verification, Endorsement of Re-entry Permit by the head of the Korean Mission Overseas) ① The head of the Korean mission overseas shall make inquiries of the - 110 -

facts without delay to the Minister of Justice through the Minister of Foreign Affairs and Trade when a person staying abroad after he or she received a re-entry permit and departed from the country applies for the verification of the re-entry permit by reason of the loss of a passport. ②

When

receives provisions

the

Minister

of

the

inquiries

under

of

section

①

Justice of

the this

Article, the already authorized status of

stay

and

date/period

of

the

re-entry permit shall be replied to the

head

overseas Foreign

of

the

through

Korean the

Affairs

mission

Minister and

of

Trade.

③ When the head of the Korean mission overseas receives a reply under section ② of this Article, he shall

stamp

a

seal

of

re-entry

permit verification on the applicant's new passport and sign thereon. - 111 -

④ When the person who has been issued

the

accordance

re-entry with

the

permit,

in

proviso

of

Article 39-2 of the Decree, has lost it abroad, the head of the Korean mission

overseas

certificate

of

re-entry permit

shall

issue

the

verification

for

according to

the

procedures under the provisions of section ① and ② of this Article.

Article 44 (Approval of Permission for Extension of Re-entry Permit) ➀ When the head of the Korean mission overseas grants permission for

the

extension

of

re-entry

permit, he shall obtain the approval of the Minister of Justice.
2003.9.23> ➁ When the head of the Korean mission overseas intends to obtain the approval under section ➀ of this Article, he shall deliver the request - 112 -

form for the approval of permission for extension of re-entry permit, along with his opinions and the data proving

the

through

reasons

the

Minister

therefore, of

Foreign

Affairs and Trade. The provision of Article 8-2 shall apply in this case. ➂

The

decide

Minister on

petition

the

and,

approved,

of

Justice

approval

if

shall

the

shall

of

the

petition

specify

is

given

permission period, which is notified to

the

head

missions

of

abroad

the

diplomatic

having

proper

jurisdiction through the Minister of Foreign Affairs and Trade. ➃ In accordance with Article 44 ➀, when the petition is approval, the Minister of Justice shall notify the head of branch office or immigration branch of the approval. Article

44-2

Exemption Permit - 113 -

of

from

(Standards

for

(of)

Re-entry

Permanent

Residence

Status Holders, etc.) ➀ A person who holds such a status of

stay

as

Residence

28-3.

Permanent

(F-5)

status

specified(enlisted)

in

the

Attached(Annexed) Table 1 of the Decree and who intends to reenter within one year from the date of departure

shall

be

given

(the)

exemption from re-entry permit. ➁ The branch officer shall verify whether or not the said foreigner reenters within one year from the date of departure when a foreigner under section ➀ above departs from the country. ➂ The provisions of Article 39-3 shall

apply

to

the

extension

of

period of exemption from re-entry permit

for

one

who

falls

section ➀ above.

Immigration Control law

Enforcement Decree - 114 -

Enforcement Regulation

under

CHAPTER

REGISTRATION

OF

FOREIGNERS, ETC.

SECTION 1

CHAPTER Ⅳ

REGISTRATION

OF

SECTION 1

Foreigner

Registration of a

SECTION 1

Registration of a

Foreigner

Foreigner

Article 31 (Registration of Foreigner ) ① If a foreigner stays in Korea for

REGISTRATION OF

FOREIGNERS, ETC.

FOREIGNERS, ETC.

Registration of a

CHAPTER 4.

Article 45 (Exception to Registration Article 40 (

etc.)

of the Foreigner )

more than 90 days from the date of

① A person who intends to register as

① A person who falls under Article 31,

his/her entry, s/he shall, pursuant to

a foreigner under Article 31 of the Act

section ①, subsection ③ shall be one

the

Presidential

shall submit an application for foreigner

who engages in the important affairs

Executive Order, register with the

registration along with his passport, etc.

in the field of diplomacy, industry and

head

office

and other documents as determined by

national defense

having proper jurisdiction over the

the Minister of Justice to the head of the

member, and one who the Minister of

place of his/her stay within 90 days

branch office or sub-branch office having

Justice deems necessary, in particular,

from

entry.

proper jurisdiction over the foreigner’s

to exempt the foreigner registration

Provided that, the same shall not

place of stay (hereinafter referred to as

② When he determines to exempt the

apply to a foreigner falling under

the “head of the office or branch office

foreigner

any of the following sub-paragraphs:

having proper jurisdiction over the place

provisions of section

of stay”).
Minister of Justice shall notify the fact

2007.6.1>

to the head of the branch office or

1.

provision of

the

Staffers

foreign

of

office

date

and

the or

of

branch

his/her

their

diplomatic

families

of

missions

(including embassies and consulates) and

international

Korea;

organizations

in

② The head of the branch office or sub-branch

office

having

sub-branch

and his/her family

registration

office

under

the

above, the

having

proper

proper

jurisdiction over the place of stay

jurisdiction over the place of stay shall,

(hereinafter referred to as the “head

- 115 -

2. Persons and their families who

for

of the office or sub-branch office

enjoy privileges and immunity similar

foreigner registration under paragraph

having proper jurisdiction over the

to those of diplomats or consuls

①, provide the relevant foreigner with

place of stay”).

under any agreement concluded with

an

the Government of Korea; and

number,

3. Persons who are invited by the

upon

receipt

individual enter

foreigners

of

an

application

foreigner it

on

register,

registration

the

and

registered

imprint

the

Government of Korea and prescribed

passport, etc. with a stamp for the

by the Justice Minister's Order.

completion

② A person who is granted a status

of

foreigner

registration.

of stay pursuant to Article 23, and continues to stay for more than 90 days from the date of obtaining the status

of

stay,

① The number of foreigner registration

foreigner at the very time when

to be given under Article 40 ② shall be

obtaining

stay,

a 13-place number which indicates a date

of

of birth, gender, or a registration office,

notwithstanding

register

foreigner registration)

as

the

shall

Article 40-2 (Systems for Number of

status the

of

provision

etc.

paragraph ①. ③ A person who obtained permission

② The foreigner registration number shall

for the change of status of stay

be one number per head, and a number

pursuant to Article 24, and continues

already used shall not be used again.

to stay for more than 90 days from

③ Other matters necessary for the system

as

for the number of foreigner registration

foreigner at the very time when

and the procedure for granting it shall

obtaining permission for the change

be determined by the Minister of Justice.

his/her

entry,

shall

register

of status of stay, notwithstanding

[This Article Newly Added 2002.4.18] - 116 -

Article 46. Deleted

<2002.4.18.>

the provision of paragraph ①. ④ The head of office or branch office shall accord, in a manner set by the Presidential Executive Order, individually

unique

registration

numbers (hereinafter referred to as "foreigner registration number") to those

who

Registration

have

made

pursuant

Foreigner to

the

provisions of paragraph ① through ③.
32

(Matters

of

Foreigner

Registration) Matters

of

foreigner

registration,

under Article 31, are as follows; 1. Name, gender, date of birth and nationality

Article

2. Passport number, date of issue and

47

(Matters

of

Foreigner

Registration)

the term of validity

Matters

3. Place of work and position or

of

foreigner

registration

under Article 32, subsection ⑥ of

affairs in charge

the

4. Address in home country and place

Act

shall

be

as

follows

(Revised, Jul. 20, 1994)

of residence in Korea

1. Date of entry and port of entry

5. Status of stay and the period of

2. Matters regarding visas - 117 -

;

stay 6.

3. Matters about an accompanying

Other items

prescribed by the

person

Justice Minister's Order.

4. The head of household and relation to him/her

Article 33 (Issuance of a certificate

5. Business registration number

of foreigner registration) ① The head of office or branch office

who

application

has

received

for

a

an

foreigner

registration under Article 31 shall issue

a

certificate

of

foreigner

Article 41

registration to the foreigner, under the conditions as prescribed by the Presidential

Executive

Order.

① The head of the branch office or sub-branch

office

having

proper

Provided that the foreigner is under

jurisdiction over the stay place of a

17 years of age, the head of office

foreigner

or branch office may not issue the

Article 31 of the Act (hereinafter referred

certificate of foreigner registration.

to as the “registered foreigner”) shall,

who

has

registered

under

a foreigner to whom a

when issuing a certificate of foreigner

certificate of foreigner registration is

registration under Article 33 of the Act,

not issued under the provision in

enter the relevant fact on the issuance

paragraph ① has reached the age of

ledger

17,

registration.

② When

s/he

shall

apply

for

the

of

certificates

of

foreigner

issuance of a certificate of foreigner

② The case where the head of the branch

registration to the head of office or

office or sub-branch office having proper - 118 -

branch office having jurisdiction over

jurisdiction over the place of stay may

the place of stay within 60 days.

not

issue

certificates

of

foreigner

registration under the provision of Article Article 33-2 (Prohibition of providing

33 ① of the Act, shall be limited to such

a certificate of foreigner registration,

case where his parents or the persons

etc.

under Article 89 ① request that a

as

a

Means

to

Secure

Fulfillment of Obligations)

foreigner registered as being short of 17

Any person shall be prohibited from

years old be

committing the act falling under each

in his certificate of foreigner registration.

of the following subparagraph:



entered as the dependent

1. The act of being provided with or

③ When he applies for an issuance of a

forcing a foreigner to provide his/her

certificate of foreigner registration under

passport or certificate of foreigner

Article 33 ② of the Act, a registered

registration as a means to secure a

foreigner shall submit an application for

contract

an issuance of a certificate of foreigner

for

employment

or

registration along with a passport, etc.,

fulfillment of obligations. false

a certificate of foreigner registration

in

entered with matters regarding him, and

violation of the provision of Article

two copies of his photograph, to the head

31-④ and using it

of the branch office or sub-branch office

2.

The

foreigner

act

of

creating

registration

a

number

3. The act of delivering or circulating the program developed to create a

having jurisdiction over the place of stay.

Article 48 (Re-issuance of certificate

false foreigner registration number to other persons. 4. The act of using illegally other

Article

42

(Reissue

registration Certificates) - 119 -

of

foreigner

of foreigner registration) ① When a person who falls under Article

persons'

certificate

of

foreigner

registration.

① The head of the branch office or sub-branch

5. The act of using illegally other

office

having

proper

42, section ①, subsection ① of the Decree

intends

to

be

reissued

a

jurisdiction over the place of stay may

certificate of foreigner registration,

reissue

registration

he/she shall summit the data proving

number for the profit of goods or

certificate to a person to whom the

the reason therefore to the head of the

property of his/her own or other

certificate of foreigner registration has

branch office or sub-branch office

persons.〈Newly Added Dec.5, 200

already been issued, in case where there

having proper jurisdiction over his/her

2〉

exist the reasons falling under any of the

place of stay.

persons'

foreigner

registration

a

following

foreigner


subparagraph:

1995.12.1, 1997.6.28> 1. Where

the

or sub-branch office having proper

certificate

of

foreigner

registration is lost or missing; 2. Where

a certificate of foreigner

registration is no longer usable as it is

provisions of Article 42 of the Decree,

worn-out;

he/she shall use the previous(existing) there

for

of

reissues

registration in accordance with the

columns

certificate

jurisdiction over the place of stay

foreigner

3. Where

the

② When the head of the branch office

remain

entering

the

insufficient necessary

matters; or

registration

number,

and

record the reason for re-issuance in the Remarks of the register of issuance

4. Where any report on a change in foreigner registration is received

in

respect of matters under subparagraph 1 of Article 35 of the Act. ② A person who intends to have his certificate

foreigner

of

foreigner

registration

reissued under paragraph ① shall submit - 120 -

of certificate of foreigner registration.

to the head of the branch office or sub-branch

office

having

proper

jurisdiction over his place of stay a written application for re-issuance of the certificate

of

foreigner

registration,

along with the documents vindicating the reasons therefore and one copy of his photograph within 14 days from the occurrence date of relevant reasons. In this

case,

where

an

application

for

re-issuance is filed on account of the reasons under paragraph ① 2 through 4, such

written

application

shall

be

accompanied by the original certificate of

foreigner


registration.

1995.12.1 1997.6.28.> ③ When he reissues a certificate of Article

34

Management

and

foreigner registration, the head of the

Foreigner

branch office or sub-branch office having

(Production of

the

Registration File, etc.)

proper jurisdiction over the place of stay

① The head of office or branch

shall enter necessary matters in the

the

issuance

ledger

Foreigner Registration under Article

foreigner

registration,

31

the

certificate

Registered Foreigners Record File,

submitted

office

who

shall

has

produce

received and

keep

of

of

certificates and

foreigner

under

the

- 121 -

keep

of the

registration

latter

part

of

and

produce

the

Foreigner

Registration File and send it to the head

of

the

Si(city

:

paragraph ② along with the relevant records. Article

excluding

special city and metropolitan cities,

Article 43

(Production

Management

of

the

and

Foreigner

Registration File, etc.)

hereinafter the same), Gun(county) or Gu(ward : referred to autonomous

49

① The head of the branch office or

① The head of the branch office or

ward, hereinafter the same) where

sub-branch

proper

sub-branch

the foreigner is staying.
jurisdiction over the place of stay shall

preparation

Dec.12, 1996〉

prepare and keep an individual registered

foreigner's record file and foreigner

foreigner card under Article 34 ① of the

registration file under Article 34,

Act.

section

② The head of Si, Gun or Gu shall, upon

receiving

the

Foreigner

Registration File under the provision

office

having

② The head of the branch office or

of paragraph ①, enter and manage

sub-branch

"the

jurisdiction over the place of stay shall,

items

to

be

registered"

in

Foreigner Registration Register.

office

having

proper

when he grants various permissions,

office of

make

the

of

computerization

may

the

a

registered

Act

affairs

through

processing

procedures (electronic data processing procedures) The head of the branch office or

the

makes a notifying disposition, or receives

sub-branch

production and management of the

reports, etc. with respect to a registered

jurisdiction over the place of stay shall

Registered Foreigners Record File,

foreigner, manage the relevant contents

make a registered foreigner record

Foreigner

by entering them in the registered

storage file by an individual registered

foreigner card.

foreigner and manage it, along with the

③

Matters

necessary

Registration

for

File

and

Foreigner Registration Register, shall be

regulated

by

Executive Order.

the

Presidential

office

having

proper

③ The head of the Si/Gun/Gu shall keep

registered foreigner's record file, and

the foreigners’ register under Article 34

various permissions, or the documents

② of the Act; when a foreigner makes

related

the first registration or when receiving

notification. However, this shall not

the

apply to the case of being handled

registered

foreigner - 122 -

card

as

a

to

the

disposition

by

foreigner moves to an area under his

through

jurisdiction, he shall manage the relevant

procedures.

contents by

electronic

data

processing

entering them on the

foreigners’ register; when a foreigner transfers a place of stay to an area under another jurisdiction or when a notice of cancellation of foreigner registration is received from the head of the branch office or sub-branch office having proper Article 35 (Report on Changes in

jurisdiction over the place of stay, he shall cross out the relevant matters in the

Matters of foreigner registration) the

foreigners’ register with red lines and

provision of Article 31 shall report

enter the relevant reasons and date.

on

foreigner



registration items to the head of

④ The head of the Si/Gun/Gu shall keep

A

registered the

foreigner

change

of

under

office or branch office having the

the

registered

foreigner

jurisdiction over his/her stay within

foreigner,

14 days, pursuant to the Presidential

cancellation of foreigner registration is

Executive Order, if any of items

received, for one year from the relevant

falling under any of the following

cancellation date.

for

whom

a

card

of

notice

a of

subparagraph is changed:
Dec.12, 1996, Dec.29, 2001〉 1. Name, gender, date of birth and nationality 2. Passport number, date of issue,

Article 49-2 (Report on Change in Article 44 (Report on Changes in Matters

Matters of Foreigner Registration)

of foreigner registration) ① A person who intends to report any changes under Article 35 of the Act shall - 123 -

In term

Article 35-3 of the Act, the "matters

prescribed

by

the

the term of validity 3. Other items as prescribed by the Justice Minister's Order.

submit to the head of the branch office

Justice Minister's Order means the

or

matters

sub-branch

office

having

proper

falling

under

any

of

the

sub-sections.
jurisdiction over his place of stay, a

following

written report on changes in matters of

2007.3.5.>

a foreigner registration, along with a

1. For a person who falls under

certificate of foreigner registration and

such a status of stay as 10. Culture

the passport, etc.
/Arts(D-1)

2005.7.5>

students(D-2),

or

Training(D-4)

status

② Upon receipt of a report on changes

11.

international 13.

General

specified

in

under paragraph ①, the head of the

the Attached Table 1 of the Decree,

branch office or sub-branch office having

change of the relevant agency or

proper jurisdiction over the place of stay

organization (including the change of

shall adjust the registered foreigner card

name)

up to date, and reissue a certificate of

2. For a person who falls under

foreigner registration with respect to the

such a status of stay as 14. News

changed matters under subparagraph 1

Report(D-5)

of Article 35 of the Act, and forward a

Management(D-9)

has

copy of the report on changes in matters

in

the

attached

s/he

of foreigner registration to the head of

Decree,

change

shall, pursuant to the Presidential

the Si/Gun/Gu wherein the foreigner

agency or organization name
Executive Order, make a moving-in

stays.

Added, Apr. 27, 2002>

report to the head of SiㆍGunㆍGu

③ The head(s) of the Si/Gun/Gu shall, upon

3. Among the statuses of stay in

of a new place of stay or the head

receipt of a report on changes in matters

Table 1 of the Enforcement Decree,

of office or branch office having the

of foreigner registration under paragraph

the fact(s) on the start of training

jurisdiction over a new place of stay

②, adjust without delay the certificate

or

Article 36 (Report on Change of stay Place) ① When a registered foreigner under the

provision

changed

the

of

Article

place

of

31

stay,

- 124 -

the

through

18.

status Table of

change

specified 1

the

of

Trade of

the

relevant

training

within 14 days. 〈Revised Dec.22,

of foreigner registration up to date.

1994, Dec.12, 1996, Dec.29, 2001〉

institute(s)(inclusive of the change of names) for those who belong to

② When a foreigner makes a report

Article 45 (Report on Change of stay Place)

under the provision of paragraph ①,

① When he intends to make a move-in

4. Among the statuses of stay in

s/he shall present his/her certificate

report under Article 36 ① of the Act, a

Table 1 of the Enforcement Decree,

of

this

person who has changed his place of stay

the

case, the head of Si, Gun, Gu or the

shall submit the report on change in stay

employment when a person, qualified

head of office or branch office shall

place to the head of the Si/Gun/Gu of a

for 31. Visit & Employment(H-2),

enter the change of place of stay on

new place of stay or the head of the branch

is employed by an individual, an

the

office or sub-branch office having proper

institute, a group, or a corporation.

foreigner

card

registration.

and

then

In

return

it

to

him/her.

18-2. Job-seeking (D-10)

fact(s)

on

the

start

of

jurisdiction over a new place of stay.

5. Among the statuses of stay in

〈Revised Dec.29, 2001〉


Table 1 of the Enforcement Decree,

③ The head of office or branch

April 18, 2002>

31. when there is a change of an

a

② The head of the Si/Gun/Gu or the head

the

of the branch office or sub-branch office

corporation

provision of paragraph ① shall notify

in receipt of the move-in report under

changes) or when a person, qualified

without delay the fact of changing

paragraph ① shall enter the changed

for Visit & Employment(H-2), is

the place of stay to the head of Si․

matters in the certificate of foreigner

employed

Gun․Gu of a new place of stay.

registration, and then deliver it to the

institute, a group, or a corporation.

〈Newly Added Dec.29, 2001〉

person who has submitted the report with

④ The head of Si․Gun or Gu who has

stamping a seal for completion of a report

directly received a moving-in report

on change in a place of stay, and forward

under the provision of paragraph ①

a notice of the change in a place of stay

or has received a notification of the

to the head of the branch office or

change of

sub-branch

office

who

moving-in

has report

received under

place of stay from the

office

having

- 125 -

proper

individual, an institute, a group, or a


(inclusive

by

Added,

an

of

name

individual,

April

Revised July3, 2007>

27,

an

2002;

head of office or branch office under

jurisdiction over the former place of stay,

the provision of paragraph ③ shall

pursuant to Article 36 ⑦ of the Act.

make, without delay, a request for



transfer

of

the

Foreigner

③ The head of the branch office or

Registration File accompanied by a

sub-branch

copy of "Report on the Change of

jurisdiction over the former place of stay,

Place of Stay to the head of Si․Gun․

who has received a notice of changed

Gu of the previous place of stay.

matters under paragraph ②, shall forward

〈Revised Dec.12,1996, Dec.29, 200 1〉

office

having

proper

the certificate of foreigner registration to the head of the branch office or

⑤ The head of Si․Gun or Gu of the

sub-branch

office

having

proper

previous place of stay who has been

jurisdiction over the new place of stay,

asked

Foreigner

and the latter shall without delay adjust

Registration File, under the provision

such a card up to date.
of paragraph ④, shall transfer it to

1997.6.28.>

to

transfer

the

the head of Si․Gun or Gu of the new place of stay

within 3 days from

the date of such request. 〈Newly

Added Dec.12,1996, Dec.29, 2001〉 ⑥ The head of Si․Gun․Gu who has received the Foreigner Registration File under the provision of paragraph ⑤

shall

arrange

the

Foreigner

Registration File of the reporter and manage it pursuant to the provision - 126 -

of Article 34-②.

〈Revised Dec.12, 1996, Dec.29, 200 1〉 ⑦ The head of Si․Gun․Gu or the head of office or branch office who has received a moving-in report under the provision of paragraph ① shall, pursuant

to

the

Executive

Order,

Presidential

notify

the

fact

without delay to the head of office or branch office having jurisdiction over

the

previous

place

of

stay.

〈Revised Dec.29, 2001〉 Article 37 (Return of the certificate of foreigner registration, etc.) ①

When

registered

a

foreigner

under

the

who

provision

has of

Article 31 departs from Korea, s/he shall

return

foreigner immigration

his/her

certificate

registration officer.

to

of the

However,

exceptional if s/he falls under any of the

following

sub-paragraphs:

〈Revised Dec.10, 1992〉 - 127 -

1.

In

case

obtained

a

the

foreigner, re-entry

who

has

permission,

intends to return to Korea within the

permitted

period

after

a

temporary departure; 2. In case a foreigner, who holds a multiple visa or who is a national of

Article 46

a country subject to exemption from re-entry

permission,

intends

to

① When he accepts a return of

the

return to Korea within the permitted

foreigner registration certificate under

period of stay after a temporary

Article 37 ① and ⑤ of the Act, an

departure; and

immigration officer shall notify, without

3.

In

case

a

foreigner,

received

the

Document,

intends

who

Refugee to

has

Travel return

delay, the head of the branch office or sub-branch

office

having

proper

to

jurisdiction over the place of stay of the

Korea within the term of validity of

fact of relevant foreigner’s departure.

it after a temporary departure.



② In case a foreigner, who made a

② The time and method of a return of a

registration under the provision of

foreigner registration certificate by a

Article 31, has become a national of

registered foreigner According to Article

Korea, died or falls under any of

37-2 of the Act

31-①,

1. When a registered foreigner becomes

s/he shall return the certificate of

a Korean national, within 14days after

foreigner

registration

the

the resident registration, the principal,

conditions

as

the

his

sub-paragraphs

of

Article

under

prescribed

by

spouse,

parents, - 128 -

or

the

person

Presidential Executive Order.

under Article 89-① shall submit, to

③ When the head of office or branch

the

head

of

the

branch

office

or

office has the certificate of foreigner

sub-branch

registration

the

jurisdiction over the place of stay, the

provisions of paragraph ① and ②,

foreigner registration certificate along

s/he shall, under the conditions as

with

prescribed

by

acquisition of the nationality of the

Executive

Order,

returned

under

the

Presidential

notify

the

fact

office

the

Republic

having

documents of

Korea,

proper

verifying

within

an

14

days

without delay to the head of Si․Gun

Starting from the day of registration

or Gu of the place of stay.

for

④ The head of office or branch

residency

status.
Jul.3.2008>

office may, when deemed necessary

2. When a registered foreigner dies, his

for the national interest, temporarily

spouse,

parents,

take in custody of the certificate of

Article

89

foreigner

manager of the building or land in

foreigner

registration falling

of

under

any

the of

subparagraph of paragraph ①. ⑤ In the case of paragraph ④, when

which

he

①, dies

the or

person the

shall

under

owner submit

or the

foreigner registration certificate

along

with

death

a

medical

certificate,

the foreigner has re-entered Korea

certificate,

within

s/he

verifying the fact of death, to the head

of

of the branch office or sub-branch

foreigner registration returned from

office having proper jurisdiction over

the head of office or branch office

the place of stay, within 14 days from

within 14 days, and when s/he has

the

not

within 30 days from the date of his

shall

the

permitted

period,

have

his/her

certificate

re-entered

Korea

within

the

date

or

of

other

learning

- 129 -

his

documents

death,

or

permitted

period,

s/he

shall

be

death; and

considered to have returned his/her

3. When a registered foreigner falls under

certificate of foreigner registration

any sub-paragraphs of Article 31 ① of

pursuant

the Act, he shall submit the foreigner

to

the

provision

of

paragraph ①.

registration certificate along with the documents verifying the relevant status, to the head of the branch office or sub-branch

office

having

proper

jurisdiction over the place of stay, upon obtaining permission for a change of status of stay. ③ The head of the branch office or sub-branch

office

having

proper

jurisdiction over the place of stay shall, when the fact of a foreigner’s departure is notified or the foreigner registration certificate is returned under paragraphs ① and ②, give a notice of the cancellation of the foreigner registration to the head Article 38 (Fingerprinting) ① A foreigner who falls under any of the following sub-paragraphs shall be finger-printed pursuant to the

of the Si/Gun/Gu of his place of stay.

④ The head of the Si/Gun/Gu in receipt

Presidential

of a notification under para- graph ③ shall

Executive Order: 〈Revised Feb.5,

adjust without delay the certificate of

provisions

of

the

- 130 -

1999〉

foreigner registration up to date.

1. Deleted 〈Dec.31, 2003〉 2.

A

foreigner

who

⑤ The head of the branch office or

is

under

sub-branch office shall, when taking a

investigation in violation of this Act

foreigner

or

temporary custody under Article 37 ④

a

criminal

investigation

in

violation of other Acts;

certificate

in

of the Act, deliver a certificate of custody

3. A foreigner whose identity is not established; and

after entering the relevant fact in

the

register of articles in custody, and return

4. Other foreigners who are deemed especially

registration

necessary

to

be

finger-printed by the Minister of

it without delay upon a receipt of a request for its return under paragraph ⑤ of the

Article 50 (Fingerprinting)

same Article after its custody.

Matters

Justice for the security and interest of Korea.

not

prescribed

by

these

Rules, in respect of fingerprinting under Article 47 of the Decree, shall

Article 47 (Fingerprinting)

② The head of office or branch

① With respect to the foreigner to be

office may refuse to give permission

finger-printed under Article 38 ① of the

Commissioner of the National Police

under this Act, such as permission

Act, the head of the branch office or

Agency provides for.

for extension of the period of stay,

sub-branch

etc., against a foreigner refusing to

jurisdiction over the place of stay or the

be

head

fingerprint

paragraph

as

referred

to

in

of

the

office

having

foreigners’

be

made

by

the

method

the

proper

immigration

detention center (hereinafter referred to as the “head of the immigration detention

Article

51

Original

(Tips Sheet

for of

Writing

the

Foreigner's

Fingerprints) ①

The

blanks

and

tips

for(on)

center”) shall require him to submit a copy

writing that the relevant official such

of his photograph before fingerprinting,

as

paste it on the original fingerprint sheet,

directly, in respect of the original

and enter the necessary matters, such

sheet

- 131 -

a

branch of

officer

foreigner's

shall

record

fingerprints

as personal details, thereon.
>

under Article 47, section ① of the Decree, are as follows;

② The time to fingerprint under Article

1. He fills in the place of birth in

38 ① of the Act shall be subject to any

the blank for(of) nationality of a

of the following sub-paragraphs:

stateless person.


>

2. He first fills in the family name in

1. and 2. Deleted; <2004.8.17>

capital letters in the blank for name

3. A person falling under Article 38 ①

of a person who indicates the name

2 of the Act shall be when interned under

in English letters and then the given

Article 51 ① and ③ of the Act, when

name. He first fills in the name in

served with a forced removal order under

English letters and then in Chinese

Articles 59 ② and 68 ④ of the Act, when

character, however, in the blank for

fined exceeding 1 million won under

name of a person who indicates the

Article 102 ① of the Act, or when accused

name in both English letters and

under Article 102 ③ or 105 ② of the Act;

Chinese character.

and

3. He marks the circle(o) on the

4. A person falling under Article 38 ①

appropriate column of the blank for

3 of the Act shall be when subjected to

gender(F/M).

an investigation due to a violation of the Act or this Decree.

the blank for birthdate of a person

③ The head of the branch office or sub-branch

5. He fills in the address of home

jurisdiction over the place of stay or the

country on the blank for permanent

head of the immigration detention center

domicile.

forward

the

having

whose date of birth is unknown,

proper

shall

office

4. He fills in the estimated age on

original

- 132 -

sheet

of

6. He fills in the latest address on

foreigner’s fingerprint prepared under

the blank for address of a person

paragraph ① to an agency prescribed by

whose address in Korea is not fixed.

the Justice Minister's Order, so as to let

② A branch officer shall directly fill

it manage the said sheet.

in

④ The head of the branch office or sub-branch

office

having

proper

jurisdiction over the place of stay or the

the

following

original

blanks

sheet

of

of

the

foreigner's

fingerprints. 1.

The

blank

for

nationality,

name,

head of the immigration detention center

gender, birthdate, permanent domicile

may request the

and

agency, which has

received and manages the original sheet of

foreigner’s

fingerprint

address

Korea
in

2007.12.31>

under

2. The blank for height, physique

paragraph ③, to forward the necessary

(constitution), blood type and hair

data concerning the fingerprints. In this

color

case, the agency in receipt of a request

3.

The

blank

for

distinction

for forwarding the data shall not refuse

(characteristic) (name and place of

it without any justifiable grounds.

distinction

that

distinguishes

remarkably on body) 4. The blank for entering(writing)③ The

competent

official

in

the

National Police Agency fills in the blanks for classification, fingerprints search, sentence,

matters

of

disposition

being

under

by

the

prosecutor and judicial police officer, referred - 133 -

records

and

receipts,

in

respect

of

the

original

sheet

of

foreigner's fingerprints. Article 52 (Delivery of the Original Sheet

of

Foreigner's

Fingerprints,

etc.) ① When he/she finishes filling out the original

sheet

of

foreigner's

fingerprints, the head of the branch office/sub-branch detention

office/immigration

center

shall

record

necessary matters on the register of SECTION 2

Deleted.

entering

the

original

sheet

of

foreigner's fingerprints and deliver it to the Commissioner of the National Article 39 Deleted 〈Feb.5, 1999〉

Police Agency, along with a notice of

Article 40 Deleted 〈Feb.5, 1999〉

the finger-printed person.

Article 41 Deleted 〈Feb.5, 1999〉

② When there has been a change in

Article 42 Deleted 〈Feb.5, 1999〉

the

Article 43 Deleted 〈Feb.5, 1999〉

fingerprints, the head of the branch

Article 44 Deleted 〈Feb.5, 1999〉

office/sub-branch

Article 45 Deleted 〈Feb.5, 1999〉

detention center shall notify the fact

original

sheet

of

foreigner's

office/immigration

to the Commissioner of the National Police Agency.

- 134 -

SECTION 2. Registration of Foreign Organization Article 53, Deleted. <1999.2.26.>

SECTION 2

Articles

48

Deleted.

through

56

Deleted.

<

1999.2.26.>

Immigration Control law

Enforcement Decree CHAPTER Ⅴ Forced Removal,

CHAPTER SECTION 1 Persons to be removed

Enforcement Regulation CHAPTER SECTION 1 Forced Removal and Investigation

Article 46 (Persons to be removed)

Article 54 (forced removal of Persons

① The head of office, branch office

Subject

or immigration detention center may

Status)

deport

The term " person specified in the

the

those falling under any of

following

subparagraph

from

Justice - 135 -

to

Permanent

Minister's

Residence

Order"

under

Korea, pursuant to the procedures

Article 48, section

prescribed in this Chapter:

of the Act means a person who falls

〈Revised

Dec.10,

1993,

Dec.12,

under

1996, Dec.29, 2001, Mar.24, 2005〉

any

sub-sections

1. A person who has violated the

, subsection ②

of

the

following

and

whose

forced

removal is deemed to be justifiable

provisions of Article 7;

by the Minister of Justice.

1-2. A foreigner who has violated

1. A person who has committed a

the provisions of Article 7-2, or

crime of murder under Chapter 24, a

entered Korea by the act such as a

crime of rape and sexual harrassment

false invitation, etc. as prescribed in

under Chapter 32, or a crime of

the same Article;

burglary between burglary and theft

2. A person who is found to fall under

any

of

sub-paragraphs

under Chapter 38 of the「Criminal

of

Act」

Article 11-① after entry;

2. A person who has violated the

3. A person who has violated the

「Sexual

provisions of Article 12-① and ②,

Violence

Punishment

and

its Victims Protection, etc. Act」

or Article 12-2;

3. A person who has violated the

4. A person who has broken the

「Narcotics Control Act」

conditions imposed by the head of

4. A person who has violated Article

office or branch office under the

5-2, 5-4, 5-5, 5-9, 5-11 of the

provision of Article 13-②;

「

Article

15-①,

of

Article

Article

「National Security Act」

14-①,

16-①

Aggravated

5. A person who has violated the

without obtaining permission under provisions

Crimes

Punishment, etc. Act」

5. A person who has landed in Korea the

Specific

6. A person who has violated Article

or - 136 -

Article 16-2-①;

4

6. A person who has broken the or

branch

office,

or

an

16-②

or

etc.

「Public Health Crime Enforcement Special Measures Act」

[Newly Added, 2003.9.24.]

provisions of Article 14-③, Article Article

Activity,

7. A person who has violated the

Immigration officer pursuant to the 15-②,

the「Violent

Punishment Act」

conditions imposed by the head of office

of

Article

16-2-②;

Article

7. A person who has violated the

54-2

(Persons

Subject

to

forced removal)

provisions of Article 17-① and ②,

The term "person specified by the

Article 18, Article 20, Article 21,

Justice

Article 23, Article 24 or Article 25;

Article 46 ① 12 of the Act means a

8.

A

person

restrictions

who on

the

has

violated

place

Minister's

following

of

sub-sections

forced

other obligations set by the Minister

considerable

of

branch

under

the

provision

of

removal

is

by

the

office/

and

deemed head

9. A person who has attempted to

to of

be the

sub-branch

1. A person who has committed a

depart from Korea in violation of the

crime

provision of Article 28.

sub-sections of Article 54 .

10. A person who has violated the

under

any

of

the

「Act on the Exercise of Sovereign

11. A person who has been released sentenced

falling

2. A person who has violated the

provision of Article 31; being

whose

office/immigration detention center.

Article 22;

after

under

person who falls under any of the

residence, the scope of activities or Justice

Order"

Rights on Foreigners' Fishing, etc.

to

Within the Exclusive Economic Zon - 137 -

e」

imprisonment or heavier penalty; and 12. Other persons corresponding to

3. A person who has violated the

the sub-paragraphs 1 through 11,

「Territorial

who is

Zone

prescribed by the Justice

② Notwithstanding the provision of paragraph ①, a person who has a status

of

residence

stay under

Act」②

2005.7.8.]

Minister's Order.

for the

permanent provision

of

Article 10-① shall not be removed outside Korea. However, it is not the case if s/he falls under any of the following subparagraph: 〈Newly

Added Dec.5. 2002〉 1. A person who has committed a crime of insurrection under Chapter 1 of Part 2 of the Criminal Act or a crime of foreign aggression under Chapter 2 of the same Act; 2. A person who is prescribed by the Justice Minister's Order among those who have been released after being sentenced to more than 5 years of penal servitude or imprisonment; and 3. A person who has violated the - 138 -

Sea

and

Contiguous

[Newly

Added,

provisions of Article 12-2-① or ②, or

has

abetted

or

aided

such

violation.

Immigration Control law

Enforcement Decree

SECTION 2 Investigation

SECTION 1 Investigation

Article 47(Investigation) An

Immigration

Enforcement Regulation

Article 57 (Report of Acknowledgement) may

When commencing an investigation under

① When a branch officer prepares a

investigate a foreigner (hereinafter

Article 47 of the Act, an immigration

"report on the acknowledgement of

referred to as a "suspect") who is

officer

suspected offense" under Article 57

suspected

any

acknowledgment of suspected facts, and

of

46-①.

submit it to the head of the branch office

adjudication

or sub-branch office or the head of the

offender" under Article 104, section

immigration detention center.

3 of the Decree, he or she shall

of

subparagraph

officer

Article 54-3

falling of

under

Article

〈Revised Dec.5, 2002〉

shall

prepare

a

report

on

the

Decree on

or the

a

"notice

of

immigration

indicate the relevant items in the offense record and the case number in a report on the acknowledgement - 139 -

of suspected offense or a notice of adjudication

on

the

immigration

offender. ② The case number is indicated as a yearly serial number according to year and order that the case has been

received.[Newly

Added

1995.12.1] Article 48 (Request for a Suspect's Appearance, and Questioning)

Article 58 (Demand for Attendance) ① When he intends to demand the

Article 55 (Approval of Request for Appearance)

① If needed for the investigation

attendance of a suspect or witness under

When a branch officer intends to

under the provision of Article 47, an

Article 48 ① or 49 ① of the Act, an

request the appearance of a suspect

immigration officer may request a

immigration officer shall issue a written

or witness under the provisions of

suspect

demand for attendance, indicating the

Article 58 of the Decree, he or she

purport of such demand, the date, time

shall obtain the approval of the head

and location of attendance, and enter the

of the branch office or sub-branch

fact of relevant issuance in the issuance

office

register of attendance demands.

center in advance. However, when a

to

appear

and

question

him/her. ②

When

conducts provision shall

an

immigration

questioning of

have

officer

under

the

paragraph

①,

he/she

another

Immigration

officer participate. ③ A suspect's statement made during the questioning under the provision of

the

paragraph

recorded in a protocol.

①

shall

② When a demand for attendance under

or

immigration

detention

branch officer intends to request the

paragraph ① is urgently needed, an

appearance

immigration officer may make an oral

approval for urgent reasons, he or

demand.

she shall report it without delay and

be

without

obtain the approval. Article 59 (Investigation Record) - 140 -

getting

the

④ The protocol under the provision

① The followings shall be entered in the

of paragraph ③ shall be read to the

investigation record of suspects under

suspect or be allowed to be read by

Article 48 ③ of the Act:

the

subject

himself/herself.

After

that, an immigration officer shall ask the

suspect

whether

or

not

the

protocol is corresponding to his/her

1. Nationality, name, gender, date of birth, address and occupation; 2. Matters regarding entry or departure and stay;

statement. Provided that the suspect

3. Details of suspected facts; and

asks for any addition, deletion or

4. Other

change in the contents thereof, the immigration officer shall record the statement in the protocol. suspect

inter-sealing

sign

or

each

stamp

page

to

sign

or

② When an interpretation or translation

of

stamp,

of the Act, the interpreter or translator shall be required to affix his seal on the

the

boundary of pages, and sign or affix his signature and seal on the record.

the

fact in the protocol. ⑥ For the statement of a person who can not speak Korean or is handicapped

or

as

criminal records, etc.

immigration officer shall record the

aurally

such

after

protocol. If the suspect is unable or refuseㄴ

matters,

is exercised under Article 48 ⑥ or ⑦

⑤ An immigration officer shall have the

necessary

verbally

handicapped, an interpreter shall be present for interpretation. However, an immigration officer may question - 141 -

to and receive answers from the aurally

or

verbally

handicapped

person in written manners. ⑦

If

there

are

non-Korean

characters or signs in the statement, interpretation shall be conducted. Article 49 (Request for a Reference's Appearance and Statement) ①

When

necessary

for

the

Article 60 (Statement of Witness)

investigation under the provision of

① The provisions of Article 59 ② shall

Article 47, an immigration officer

apply mutants mustangs to the statement

may request a reference to appear

of witness under Article 49 of the Act. ② If the contents of a statement is

and hear his/her statement. ② The provisions of Article 48-② through ⑦ shall be applied, mutants mustangs,

to

the

case

of

complicated or a witness wants so, the statement may be made in writing.

an

reference's statement. Article 50 (Inspection and Request for the Submission of Documents, etc.) When necessary for the investigation

Article 61 (Inspection and Demand for

under the provision of Article 47, an

Presentation of Documents)

immigration officer may inspect, with

When he investigates a suspect under - 142 -

the

suspect's

his/her

Article 47 of the Act, An immigration

residence or objects, or request the

officer may if the suspect denies the

suspect

suspected facts

objects.

to

consent,

submit

documents

or

or where deemed that

the documents alone, which have been submitted by the suspect, are insufficient to attest the suspected facts, inspecting the suspect’s residence or possessions, or requiring him/her to furnish further documents or possessions, only when a third person related to the suspect gives his consent.

Article

56

(Delivery

of

List

of

Submitted Objects) Article 62 (Record of Things Presented)

When a branch officer prepares a

① Upon receipt of the documents or

list of submitted objects under the

possessions under Article 50 of the Act

provisions of Article 62, section 1

and

of

Article

61

of

this

Decree,

an

the

Decree,

he

or

she

shall

immigration officer shall prepare a record

deliver

of

submitted objects to the person who

furnished

items

indicating

the

particulars of furnishing, and a list of

a

copy

of

the

list

of

has submitted them.

furnished items indicating the features and quantity of furnished items. ② A record of furnished items and a list of furnished items under paragraph ①

Article 57 (Procedures for Custody and Return of Submitted Objects) ① When a branch officer has been

may be substituted with entering the

submitted

matters regarding the furnished items in

under the provisions of Article 50 of

- 143 -

documents

and

objects

the investigation record under Article 59

the

Act

① or the statement under Article 60.

Decree, he or she shall indicate the fact

in

and

Article

the

61

custody

of

the

register

of

submitted objects. ② When a branch officer deems that it is

not necessary to take custody

of submitted objects under section ① of this Article, he or she shall return them without delay to the said person. ③ When a branch officer returns submitted objects under section ② of

this

indicate

Article, the

he

fact

or

in

she

the

shall

custody

register of submitted objects, and get the recipient's signature. In this case,

when

a

branch

officer

has

already delivered a copy of a list of submitted objects under Article 56, he or she shall take it back and keep it with the original.

- 144 -

Immigration Control law

Enforcement Decree

Enforcement Regulation

SECTION 4 Examination and

SECTION 3 Examination and Objection

SECTION 3. Issuance of a Forced

Objection Article

58

Removal Order

(Examination

and

Decision) When

Article 72 (Written Notice of Decision on Examination)

an

immigration

officer

has

The

head

of

the

branch

office

or

completed investigation of a suspect,

sub-branch office or the head of the

the head of office, branch office or

immigration detention center shall, when

immigration

detention

he/she

immediately

examine

and

whether

suspect

falls

the

sub-paragraphs

of

center

Article

〈Revised Dec.5, 2002〉

shall decide

any

of

46-①.

has

made

a

decision

on

examination under Article 58 of the Act, prepare a written notice of decision on examination

indicating

the

judgment,

reasons and applicable provisions, etc. - 145 -

Article

59

(Procedures

after

Examination) ①

When,

as

result

Article

62

(Issuance

of

a

forced

When the suspect is detained in the

removal order)

immigration

for

When the head of the branch office

detention

center

of

the

suspect

is

foreigners, etc. in the case of a release

or sub-branch office or immigration

considered not to fall under any of

from detention under Article 59 ① of the

detention center issues a

sub-paragraphs

46-①,

Act, the head of the branch office or

removal

the head of office, branch office or

sub-branch office or the head of the

section ② of the Act, he or she

immigration

immigration

shall indicate the fact in the offense

examination,

a

Article 73 (Procedure after Examination)

the of

Article

detention

center

shall

detention

center

shall

immediately inform the fact to the

forward a written request for canceling

suspect,

is

the detention indicating the reasons for

detained, the head shall immediately

a release from the detention to the head

terminate the detention. 〈Revised

of the foreigner detention camp, etc.

and

if

the

suspect

order

under

forced

Article

59,

record.



Dec.5, 2002〉 ②

When,

as

the

suspect

is

When he has made a decision on a forced

removal order)

of

removal order under Article 59 ② of the

The head of the branch office or

46-①,

Act, the head of the branch office or

sub-branch

the head of office, branch office or

sub-branch office or the head of the

detention center shall indicate the

immigration

immigration detention center shall issue

applicable

a written notice of forced removal order

forced

〈Revised Dec.5, 2002〉

indicating the purport of and reasons for

repatriation in the forced removal

③ When issuing the Order of forced

the order, and the purport that an

order under Article 59, section ② of

removal, the head of office, branch

objection may be raised, and deliver its

the Act.

office

duplicate to the suspect.

considered

result

Article 74 (forced removal order)

of

examination,

a the

to

sub-paragraphs

fall

under

of

Article

detention

any

center

may

issue the Order of forced removal.

or

immigration

detention

- 146 -

Article 63 (How to Fill out a forced

office

or

provisions, removal,

immigration reason

country

for of

center shall inform the suspect that he/she can file an objection to the Minister of Justice. Article 60 (Objection)

Article 75 (Objection and Decision)

① When a suspect intends to file an

① The head of the branch office or

objection against the Order of forced

sub-branch office or the head of the

removal,

an

detention camp shall forward it without

the

delay to the Minister of Justice, with his

Minister of Justice within 7 days

opinions attached thereto, upon receipt

from

of a written application for objection

he/she

application

for

the

date

shall

submit

objection on

to

which

he/she

received the Order of forced removal by way of the head of office, branch office

or

immigration

detention

center.

Article

60

①

of

the

Act,.

② Upon making a decision under Article 60 ③ of the Act, the Minister of Justice shall prepare a written notice of decision

② When receiving an application for objection

under

under

of

reasons and applicable provisions, and

paragraph ①, the head of office,

deliver it to the suspect, through the head

branch

immigration

of the branch office or sub-branch office

detention center shall submit it to

or the head of the immigration detention

the Minister of Justice along with

center: provided that if it is a matter of

the written examination and decision

urgency, a written notice of decision may

and the record of investigation.

be delivered, after an oral notice has been

office

the or

provision

on the objection indicating the judgment,

③ When receiving an application for objection, etc. under as referred to

made. ③ When the suspect is detained in the - 147 -

in paragraph ① and ②, the Minister

immigration

of Justice shall examine and decide

foreigners, etc. in a case of the release

whether the objection has reasonable

from detention under Article 60 ④ of the

grounds, and notify the decision to

Act, the head of the branch office or

the head of office, branch office or

sub-branch office or the head of the

immigration detention center.

immigration

④ When the head of office, branch office

or

immigration

center

has

center

for

shall

forward a written request for cancelling the detention indicating the reasons for cancellation of the detention to the head

Minister of Justice a notification of

of the immigration detention center for

decision

foreigners, etc.

the

from

detention

center

the

that

received

detention

detention

objection

is

grounded, the head shall inform the fact to the suspect without delay, and if the suspect is detained, the head shall immediately terminate the detention. ⑤ When the head of office, branch office or immigration detention center has received from the Minister of Justice a notification of decision that the objection is groundless, the head shall immediately inform the fact to the suspect. Article 61 (Special Cases For the - 148 -

Permission of Stay) ① In making a decision pursuant to the provision of Article 60-③, even

Article

76

(Special

Cases

of

stay

Permission)

though the objection is considered

① For the purpose of Article 61 ① of the

groundless, the Minister of Justice

Act, the term “special circumstances

may permit his/her stay, provided

deemed to require the suspect to stay in

that the suspect formerly was a

the Republic of Korea” means the case

national of Korea or is there are

falling

special

subparagraph:
circumstances

that

would

under

any

of

the

following

allow for him/her to stay in Korea.

Executive Order No. 17579, Apr. 18, 2002 rel="nofollow">

② The Minister of Justice m ay,

1. Where the suspect has such status as

when

granting

the

permission

as

referred to in paragraph ①, set the period

of

stay and

necessary conditions.

impose

other

status of stay 28-3. Permanent Residence (F-5) in the attached Table 1; 2. Where the suspect has been awarded a decoration or commendation by the Government of the Republic of Korea, or has made special contributions to the Republic of Korea; and 3. Other cases where deemed that there exist special circumstances to require him to stay, in view of the national interest and humanism. ② When he has granted permission for a stay under Article 61 ① of the Act, the Minister of Justice shall issue a written - 149 -

permit for special stay indicating the status and period of stay and other necessary matters to be observed, and deliver it to the suspect, through the head of the branch office or sub-branch office or the head of the immigration detention center. ③ When he has granted permission under paragraph ②, the Minister of Justice shall, enter the relevant purport in the written notice of decision under Article 75 ②.

Immigration Control law

Enforcement Decree

SECTION 5 Execution of the Order

SECTION 4 Execution of the Order

of forced removal

of forced removal

Article 62 (Execution of the Order of

Article 77

forced removal) ① The Order of forced removal shall be

executed

by

an

immigration

officer. ② The head of office, branch office

①Upon executing a forced removal order under Article 62 ① of the Act, an immigration officer shall confirm whether or not the money

in deposit, or

or immigration detention center may

possessions kept in provisional holding,

entrust the execution of the Order

of the relevant

of forced removal to a judicial police

returned.

foreigner have been

- 150 -

Enforcement Regulation

officer.

② Upon requesting the services of a

③ At the execution of the Order of forced

removal,

shall

of a forced removal order under Article

show it to the person to whom it is

62 ② of the Act, the head of the branch

issued,

office or sub-branch office or the head

and

him/her

the

officer

judicial police officer for the execution

repatriate

to

the

immediately of

of the immigration detention center shall

the

issue a request for execution, and deliver

provision of Article 64. However,

it with the written notice of forced

when the head of vessels, etc. or

removal order: provided that if it is a

the carrier repatriates him/her under

matter of urgency, an oral request may

the

be made, while delivering only a written

repatriation

prescribed

provision

immigration

country

of

officer

Article may

in

76,

an

transfer

him/her to the head of vessels, etc. or the carrier.

notice of deportation order. ③ When he/she has finished a repatriation by a written notice of forced removal order under Article 62 of the Act, or he/she has failed to execute it since the relevant execution was impossible, an immigration officer or a judicial police officer shall enter the relevant reasons in the written notice of forced removal order, and submit it without delay to the head of the branch office or sub-branch office or the head of the immigration detention center. ④ Upon surrendering a person subjected - 151 -

to a forced removal order to the head of the ship, etc. or a forwarder under Article 62 ③ (proviso) of the Act, an immigration officer deliver a written instruction for repatriation indicating the relevant personal matters, reasons for forced

removal,

and

a

reminder

of

obligations for repatriation under Article 76 of the Act, and receive a takeover certificate indicating that the relevant obligation shall be discharged and the purport that the person subjected to a forced removal has been taken over. Article 63 (Detention of a Person Under the Order of forced removal

to forced removal orders, and Re- lease

and the Release of Detention) ① When it is impossible to repatriate immediately the person under the Order

of

forced

from Detention) ① When he/she intends to detain a person

outside

subjected to a deportation order until

Korea, the head of office, branch

his/her repatriation is possible under

office

Article 63 ① of the Act, the head of the

or

removal

Article 78 (Detention of Persons Subjected

immigration

center may detain

detention

him/her in

an

branch office or sub-branch office or the

immigration

detention

room

or

head of the immigration detention center

immigration

detention

center,

or

shall issue a written notice of detention

the

order for a forced removal, and show it

other

places

designated

by

- 152 -

Minister

of

Justice

until

the

repatriation is possible.

to the person subjected to the forced removal order.

② When it becomes clear that the

② When releasing from an detention under

person under the Order of forced

Article 63 ② of

removal can not be repatriated due

the branch office or sub-branch office

to

the

or the head of the immigration detention

refusal of entry by other countries,

center shall issue a written notice of

the head of office, branch office or

release from a detention, indicating the

immigration

reasons for release from a detention,

various

reasons

detention

such

as

center

may

terminate the detention by imposing

residence

residence

necessary

restriction

necessary conditions.

and

other

the Act, The head of

restriction, conditions

to

and

other

the

person

subjected to the forced removal order. In this case, ㅅhe head of the branch office or sub-branch office or the head of the immigration detention center shall, when the person subjected to a forced removal order is detained in an immigration detention center for foreigners, forward a

written

request

for

release

from

detention, indicating the reasons for release from

detention, to the head of

the immigration detention center for foreigners, etc. ③ The head of the branch office or sub-branch office or the head of the - 153 -

immigration

detention

center

shall

maintain observation of the person who Article

64

(Country

to

be

Repatriated)

is released from a paragraph

① A person under

the Order

of

forced removal shall be repatriated

residence

②,

detention under

including

restriction

conditions are followed.

to the country of which he/she has nationality or citizenship. ② If a person under the Order of forced

removal

can

not

be

repatriated to the country under the provision

of

paragraph

①,

he/she

may be repatriated to any of the following countries: 1. The country where he/she had resided before he/she entered Korea; 2. The country where he/she was born; 3. The country that includes the port at which he/she boarded a vessel, etc. to enter Korea; and 4. Other country to which he/she intends to be repatriated. ③ Notwithstanding the provisions of paragraph ① or ②, a refugee shall - 154 -

whether and

a

other

not be repatriated to the country that includes the territory in which the

expulsion

or

repatriation

is

prohibited by the provision of Article 33-① of the Refugee Convention. However,

this

shall

not

apply

in

case where the Minister of Justice deems that it might be detrimental to the interest or security of Korea.
Immigration Control law

Enforcement Decree

Enforcement Regulation

SECTION 3 Detention

SECTION 2 Detention

SECTION 2 (Issuance of a Detention Order)

Article 51 (Detention)

Article 63 (Detention Order)

① In case there is a considerable

① When he applies for an issuance of the

reason to suspect that a foreigner

detention order under Article 51 ② of

falls under any of sub-paragraphs of

the Act, an immigration officer shall

sub-branch

Article 46-① and a concern to flee

submit to the head of the office or branch

detention center shall, when he/she

or might flee, an immigration officer

office or the head of the immigration

issues

may

detention center a written application for

Article 51, section ① of the Act,

obtaining the Detention Order issued

an

indicate the fact in the register of

by the head of office, branch office

indicating the reasons for detention,

or

along with the data of investigation.

detain

the

immigration

foreigner

detention

after

center.

issuance

of

the

- 155 -

detention

Article 58 (Register of a Detention

order

Order) ① The head of the branch office or

a

office

or

"detention

immigration order"

under

detention order. ②

A

branch

officer

shall,

when

〈Revised Dec.5, 2002〉

② An immigration officer shall, when the

② When applying for the issuance of

he/she takes measures falling under

head of the branch office or sub-branch

any

the

office or the head of the immigration

indicate the fact in the register of

an

detention center has decided on the

detention order.
immigration officer shall submit an

detention

Apr. 27, 2002>

application

application under paragraph ①, obtain an

the

Detention

provision

of

Order

under

paragraph

with

①,

materials

proving

the necessity of the detention.

order

with

regard

to

the

issuance of the detention order indicating

of

the

following

subsections,

1. Extension of the detention period under Article 65 of the Decree.

③ In case there is a considerable

the reasons, place, and period of the

reason to suspect that a foreigner

detention from the head of the branch

falls

of

office or sub-branch office or the head

2-2. delivery of a detention notice

Article 46-① and a concern that

of the immigration detention center, and

was not made under the provision of

they may flee, but there is not

show it to the suspect.

Article 54 of the Act

any

of

sub-paragraphs

enough time to get ㅁ Detention Order

from

a

detention

notice

under Article 68 of the Decree.

3. Delivery of a notice of change in detention matters under Article 60.

immigration

① When he/she intends to detain a suspect

4. Revocation of detention (including

an

immigration

or a person subjected to a forced removal

officer may detain the

foreigner by

order under Articles 51 ① and 63 ① of

issuing the Urgent Detention Order

the Act in an immigration detention center

fact

in his/her authority after notifying

for foreigners, foreigner detention room

detention order when he/she issues

the purport.

or facilities prescribed by the Minister

an "urgent detention order"

of Justice (herein after referred to as the

Article 64, section ② of the Decree.

detention

center,

or

of

of

Article 64 (Request for Detention, etc.)

office

head

Delivery

office,

branch

the

2.

④ In case an immigration officer detains a foreigner pursuant to the

“immigration

provision shall

of

obtain

paragraph the

detention

center

for

③,

he/she

foreigners, etc.”), an immigration officer

Detention

Order

shall obtain an issuance of the written

within 48 hours and show it to the

request

for

detention - 156 -

indicating

the

temporary release from detention). ③ A branch officer shall indicate the in

the

register

of

urgent under

foreigner. If the immigration officer

reasons and grounds for a request for

fails to get the Detention Order,

the detention from the head of the branch

he/she shall immediately cancel the

office or sub-branch office or the head

foreigner's detention.

of

the

immigration

detention

center

whereto he belongs, and forward it to the head of an immigration detention center for foreigners, etc. who receives the request for detention.
Presidential Executive Order No. 16120, Feb. 26, 1999 rel="nofollow"> ② When he/she intends to change an immigration

detention

center

for

foreigners, etc. for an investigation of a foreigner requested for detention under paragraph ① and a standby, etc. required for

a

departure

immigration

officer

enforcement, shall

obtain

An an

issuance of a written request for a change in immigration detention center in which the grounds to change an immigration detention center are entered, and forward it to the head of the immigration detention center

for

foreigners,

etc.

detaining

foreigners and the head of an immigration detention center for foreigners, etc. to - 157 -

detain them, respectively.
by Presidential Executive Order No. 17579, Apr. 18, 2002> ③ When he/she intends to urgently detain a suspect under Article 51 ③ of the Act, an immigration officer shall issue a written

emergancy

detention

order

indicating the reasons, location, and time, etc. of the emergancy detention, and show it to the suspect.
2002> Article 52 (The Period of Detention and The Place of Detention)

Article 59 (Designation of Detention Article 65 (Extension of Detention Period)

Place)

① The period of detention shall be

① When he/she intends to extend the

The term "place designated by the

within 10 days. However, if there

detention period under the proviso of

Minister of Justice" under Article

are unavoidable circumstances, the

Article 52 ① of the Act, an immigration

52,

period of detention can be extended

officer shall obtain an issuance of the

section

for only once within the period not

written permit to extend the detention

detention house, prison or any other

exceeding 10 days with the approval

period

of the head of office, branch office

reasons

or immigration detention center.

applicable provisions, etc, from the head

② The place of detention shall be the

immigration

immigration other

places

detention

detention

room,

center,

designated

by

and the

indicating for

an

the

period

extension,

①

② of

and the

Article

Act

means

63, a

of

and

place designated by the Minister of

and

the

Justice

of the branch office or sub-branch office or the head of the immigration detention center. ② When issued with a permit to extend - 158 -

section

Minister of Justice.

the detention period under paragraph ①, if the suspect is interned in an immigration detention center for foreigners, etc, an immigration

officer

shall

obtain

an

issuance of a written notice of extending the detention period indicating the period of and reasons, etc. for an extension from the

head

of

the

branch

office

or

sub-branch office or the head of the immigration

detention

center,

and

forward it to the head of the immigration detention center for foreigners, etc. ③ When the head of the branch office or sub-branch office or the head of the immigration detention center does not permit the extension of detention period under

paragraph

officer

shall

①,

an

immediately

immigration cancel

the

detention. In this case, if the suspect is detained in an

immigration detention

center for foreigners, he shall obtain an issuance

of

a

written

request

for

cancelling the detention indicating the reasons for cancelling the detention from the head of the office or branch office - 159 -

or the head of the immigration detention center, and forward it to the head of the immigration

detention

center

for

foreigners, etc. Article 66 (Release from Detention During Detention Period) Where deemed that the detention

is

unnecessary even prior to the expiry of detention period, An immigration officer may release from the detention subject to a permission from the head of the branch office or sub-branch office or the head of the immigration detention center. In this case, the provisions of the latter part of Article 65 ③ shall apply mutants

mustangs to the case where the suspect Article

53

(Execution

of

the

center for foreigners, etc.

Detention Order) When

an

Immigration

officer

executes the Detention Order, he/she shall present it to the suspect.

is detained in the immigration detention

Article

67

immigration

(Duty detention

of

Head center

of for

foreigners, etc.) When requested by the head of the branch office or sub-branch office or the head - 160 -

of the immigration detention center to detain a foreigner or to cancel the detention,

the

head

of

immigration

detention center for foreigners, etc. shall Article 54 (Notification of Detention)

do so without delay.
When an Immigration officer detains

Presidential Decree No. 18097, Sep. 1,

a

2003 rel="nofollow">

suspect,

he/she

shall

notify

in

Change in Detention Matters)

writing the date, time, location and reason of detention to the suspect's ,

spouse,

Article 68 (Notification of Detention)

detention place under Article 54 of the Act, or extends the period of

and

Article 54 of the Act shall be made by

detention under Article 65, section

counsel (hereinafter referred to as

a written notice of detention indicating

①

"legal

a

the reason for, and the day and time, and

deliver

person designated by the suspect

place of the detention, and the purport

detention

living

that an objection may be raised.

specified in Article 54 of the Act.

family

members,

representative, in

Korea

However,

if

relatives,

When a branch officer changes a under

siblings,

immediate

Article 60 (Delivery of Notice of

etc.),

within

there

is

or

3

days.

no

legal

The

notification

of

detention

representative, etc. or the suspect does not designate the person to be notified, the immigration officer may not notify anyone after recording the reason in writing.〈Revised Dec.29,

2001〉 Article

55

(Objection

against

Detention) - 161 -

of

the a

Decree,

he/she

"notice

of

matters"

to

shall

change a

in

person

① A detainee under the Detention Order or his/her legal representative, etc. may file

an

objection

against

detention to the Minister of Justice

Article 69 (Objection to Detention)

via the head of office, branch office

① A person who intends to raise an

or immigration detention center.

objection under Article 55 ① of the Act

② In case the Minister of Justice

shall submit to the head of the branch

has received the objection under the

office or sub-branch office or the head

provision

he/she

of the immigration detention center a

shall, without delay, review related

written application for objection, along

documents.

If

with the

considered

as

of

paragraph the

①,

objection

groundless,

is

he/she

shall, by decision, dismiss it, and if the

grounded, he/she shall, by decision,

immigration detention center shall, upon

order to release detention of the

receipt of the written application for

detainee.

objection under paragraph ①, forward it

decision

needed under

considered

② The head of the branch office or sub-branch office or the head of the

When

is

therefore.

as

③

objection

data vindicating the reasons

for

making

paragraph

②,

the

without delay to the Minister of Justice,

the

with his opinions attached thereto.

Minister of Justice may hear the statements

of

the

person

prior to making the decision.

related

Article 70 (Decisions on Objection to Detention) ① The Minister of Justice shall, when he/she has, under Article 55 ② of the Act, made a decision on the objection, - 162 -

prepare a written notice of decision on the objection indicating the judgment, reasons and applicable provisions, and forward it to the applicant, through the head of

the office or branch office or

the head of the immigration detention center. ② The head of the branch office or sub-branch office or the head of the immigration detention center shall, upon receiving an order to cancel the detention in a case of paragraph ①, immediately cancel the detention. In this case, if the suspect is detained in the immigration Article 56 (Temporary Detention of

detention center for foreigners, etc. a written

Foreigners)

request

for

cancelling

the

may

detention shall be forwarded to the head

temporarily detain, in an immigration

of the immigration detention center for

Detention Order)

detention room, a foreigner falling

foreigners, etc.

When the head of the branch office

①

An

immigration

under

any

officer

of

following

sub-paragraphs, within the limit of

〈Revised Dec.12, 1996〉 1.

A

person

permitted

or Article

71

(Temporary

Detention

of

Foreigner)

48 hours:

to

who enter

has the

sub-branch

"temporary

office

detention

issues

order"

a

under

Article 71, section ① of the Decree

① When he/she intends to temporarily not

Article 61 (Register of a Temporary

or

a

"permit

for

extension

of

been

detain a foreigner under Article 56 ① of

temporary

country,

the Act, an immigration officer shall

Article 71, section ③ of the Decree,

- 163 -

detention

period"

under

pursuant to the

provision of Article

12-④; 2. A person who has been granted Conditional Entry Permission under the provision of Article 13-①, and

obtain an issuance of a written order of

he/she shall indicate the fact in the

temporary detention from the head of the

register of temporary detention order.

branch office or sub-branch office, and



show it to the relevant foreigner. ②

The

written

order

of

temporary

who has a considerable reason to

detention

deem that there is a concern that

contain the reasons for and the place and

they may flee; and

time, etc. of the temporary detention.

3. A person who has been ordered to leave

Korea,

pursuant

to

under

paragraph

①

shall

③ When he/she intends to extend the

the

temporary detention period under Article

provision of Article 68-①, and who

56 ② of the Act, an immigration officer

has a considerable reason to deem

shall obtain an issuance of the written

that there is a concern that they

permission for extension of temporary

may flee.

detention period indicating the period of,

② Regarding the foreigner who has

and the reasons for extension, and

been temporarily detained pursuant

applicable provisions, etc. from The head

to the provision of paragraph ①, if

of the branch office or sub-branch office,

the foreigner can not be repatriated

and show it to the relevant foreigner.

within


48

hours

transportation, unavoidable

due

disease,

to

lack or

circumstances,

of

other

Order No. 15417, Jun. 28, 1997>

an

immigration officer may extend the period of detention only once for no more

than

48

hours

with

the

approval of the head of office or - 164 -

branch office.〈Newly Added Dec.12,

1996〉 Article 56-2 (Urgent Transference of Detainees) ① When it is considered that there exist no means of evacuation at the place

of

detention

provision

of

under

Article

the 52-②

(hereinafter referred to as "detention facilities") due to natural disasters, fire or other emergencies, the of

office,

immigration

head

branch

office

or

detention

center

may

transfer

those

custody

at

who

the

(hereinafter

have

been

detention

in

facilities

referred

to

as

that

the

"detainees") to other places. ②

Where

transfer

it

under

impossible, branch

is the

office

judged paragraph

①

is

head

of

office,

or

immigration

detention center may terminate the detention of foreigners.

〈Newly Added Mar.24, 2005〉 - 165 -

Article 56-3 (Respect of Detainees' Human Rights, etc.) Human rights of the detainees shall be fully respected, and the discrimination based on nationality, gender, religion and social position, etc. shall be forbidden.

〈Newly Added Mar.24, 2005〉 Article 56-4 (Exercise of Legitimate Physical Force) ① If a detainee falls any of the following

sub-paragraphs,

immigration

officer

may

exercise

physical

force

on

legitimate

an the

detainee and isolate him/her from other detainees. 1.

When

commit

a a

detainee

intends

suicide

or

to

injure

himself/herself. 2. When a detainee inflicts injury or harms on others, or intends to do so. 3.

When

a

detainee

escapes,

or

intends to do so. - 166 -

4. When a detainee refuses, avoids, or obstructs the execution of duties by an immigration officer without any lawful grounds. 5. When a detainee commits other acts

endangering

order

of

the

detention

safety

and

facilities

and

detainees, or intends to do so. ②

The

exercise

of

legitimate

physical force under paragraph ① shall

be

limited

to

the

minimum

necessary extent. The exercise shall be within the use of an Immigration officer's legitimate physical strength or the use of protective instruments such

as

police

club,

gas

gun,

electronic taser, and other security outfits which have been specified by the Minister of Justice in order to subdue a detainee. ③ If an immigration officer is going to

excercise

force

under

legitimate paragraph

①,

physical he/she

shall warn the detainee beforehand. But it is not the case if there is no - 167 -

time

to

warn

beforehand

due

to

emergencies. ④ An immigration officer may use following restraining devices, if a detainee falls any of sub-paragraphs of the provision of paragraph ①, or it is needed to keep the order of detention facilities or to escort for forced removal, etc. 1. Handcuffs 2. Rope 3. Face shield 4.

Others

especially

that

are

considered

necessary

for

the

management of detainees, and which are

provided

by

the

Justice

Minister's Order. ⑤

With

restraining

regard

to

devices

the

use

and

of the

procedure for using them under the provision of paragraph ④ shall be regulated

by

the

Presidential

Executive Order.

〈Newly Added Mar.24, 2005〉

- 168 -

Article

56-5

(Search

Detainees'

Body, etc.) ① If needed for the safety and order of detention facilities, an immigration officer may search body, clothes and belongings of detainees. ② If a detainee is female, the search under the provision of paragraph ① shall

be

conducted

by

a

female

immigration officer. However, when a female immigration officer is not available, it can be conducted by ㅁ woman designated by the head of office, branch office or immigration detention center.

〈Newly Added Mar.24, 2005〉 Article 56-6 (Meeting with Visitors, etc.) ① When a detainee intends to meet, correspond and telephone with other persons,

he/she

shall

obtain

permission from the head of office, branch

office

or

immigration

detention center. In this case, the - 169 -

head

of

office,

immigration give

branch

detention

permission

for

office

center it,

with

or

shall the

exception of cases deemed to be inevitable for the safety and order of the detention facilities, and for the safety, health and hygiene of detainees. ②

Detailed

procedures meeting,

matters for

on

permission

correspondence

the of and

telephoning and the restrictions for it under the provision of paragraph ① shall be regulated by the Justice Minister's Order.

〈Newly Added Mar.24, 2005〉 Article 56-7 (Safety Measures) ① The head of office, branch office or immigration detention center may install

necessary

facilities

and

supervisory equipment in order to keep the safety and order of the detention facilities and to cope with emergencies

efficiently

under

the - 170 -

provisions of the Justice Minister's Order. ②

The

facilities

equipment be

under

installed

minimum

and

and

supervisory

paragraph

①shall

operated

to

the

extent,

in

necessary

consideration of detainees' privacy. 〈Newly Added Mar.24, 2005〉 Article 57 (Treatment for Detainees) The

facilities

detention

room

detention

center,

of

immigration

and

immigration

the

treatment,

supplies, guard for detainees, and other

necessary

matters

shall

be

regulated by the Justice Minister's Order.

- 171 -

Immigration Control law

Enforcement Decree

SECTION 6 Temporary Release

SECTION 5

Temporary Release from

from Detention

Detention

Article 65 (Temporary Release from

Article 79 (Temporary Release from

Detention)

Detention)

① A person who is being detained

① A person who intends to apply for a

under the Order of Detention or the

temporary release from detention under

Order

his/her

Article 65 ① of the Act shall submit an

representative,

application for temporary release, along

etc. may request the head of office,

with data vindicating the reasons for an

branch

immigration

application and the capability of paying

temporary

a bond, to the head of the branch office

release from detention according to

or sub-branch office or the head of the

the

immigration detention center.

of

forced

guarantor

or

legal

office

detention

removal,

center

provisions of

or for

a

the

Presidential

Executive Order.

② When he/she has made a decision on

② When the request as referred to

the application under paragraph ①, The

in paragraph ① has been made, the

head of the branch office or sub-branch

head

or

office or the head of the immigration

may

detention center shall prepare a written

of

office,

immigration

branch

detention

office

center

- 172 -

Enforcement Regulation

release the detainee on a temporary

notice of decision on the application for

basis, by taking into account the

a temporary release from detention,

circumstances

detainee,

indicating the judgment, reasons and

reasons for such request, assets and

applicable provisions, and deliver it to the

other matters, by having a bond not

applicant.

of

the

exceeding 10 million Won deposited and restriction

by

imposing and

other

③ When a decision has been made on a

residence

temporary release from the detention in

necessary

the case of paragraph ②, the relevant

conditions. ③ The procedures for deposit and

written notice of decision shall contain the purport that a temporary release from

return of the bond as referred to in

detention

is granted if a bond is paid,

paragraph ② shall be regulated by

and

a

the Presidential Executive Order.

detention may be revoked and a bond may

that

temporary

release

from

be reverted to the National Treasury if the conditions are not observed, in addition to the period of release from detention, amount of a bond, date and place of payment, residence restriction, and other necessary conditions. ④ When he/she has made a decision on a temporary release from the detention if

the

suspect

immigration foreigners,

is

detained

detention

in

center

the for

etc, the head of the branch

office or sub-branch office or the head - 173 -

of the immigration detention center shall forward a written request for releasing from the detention, indicating the period of release from detention, to the head of the foreigner

immigration detention

center, etc. ⑤ The provisions of Article 17 ② shall apply

mutants

mustangs

to

the

procedures for depositing a bond under Article 65 ② of the Act. ⑥ The bond deposited under paragraph ⑤ shall be returned to the person who has paid it when he/she departs or a temporary

release

of

detention

is

cancelled, except for the case where such bond is reverted to the National Treasury under Article 66 ② of the Act.
by Presidential Executive Order No. Article

66

(Cancellation

of

15417, Jun. 28, 1997 rel="nofollow">

Temporary Release from Detention) ①

When

the

person

released

temporarily from detention has fled,

Article 80 (Cancellation of Temporary Release from Detention)

or it is deemed that there is a

① Upon issuing a written notice of

concern that he/she may flee, has

cancellation of temporary release of

not complied with the request for

detention under Article 66 ② of the Act, - 174 -

appearance

without

reasons,

has

or

justifiable

breached

other

the

head

of

the

branch

office

or

sub-branch office or the head of the

conditions imposed on the temporary

immigration

release from detention, the head of

deliver the relevant written notice of

office, branch office or immigration

cancellation, indicating the reason for

detention

the

cancellation, place of detention, etc. to

detention

the applicant for temporary release from

and take measures to detain him/her

detention, and detain without delay the

again.

suspect once again.

center

temporary

②

When

may

release

from

shall

② The provisions of Article 17 ④ and ⑤

release from detention pursuant to

shall apply mutants mustangs to the

the provision of paragraph ①, the

procedure for reverting a bond to the

head

National Treasury under Article 66 ② of

office,

immigration issue

a

temporary

the

center

temporary

of

canceling

cancel

detention

branch

detention

office

center

written

cancellation

release

from

or may

the Act.

of

detention

and revert the whole or part of the bond to the national treasury. ③ The procedure for reverting the bond to the national treasury under the provision of paragraph ② shall be

regulated

by

the

Presidential

Executive Order.

- 175 -

Immigration Control law

Enforcement Decree

Enforcement Regulation

SECTION 7 Recommendation for

SECTION 6 Recommendation for

SECTION 4. Issuance of Departure

Departure, etc.

Departure, etc.

Recommendation, etc.

Article 81 (Recommendation for Departure)

Article 64 (Issuance of a Departure

Article

67

(Recommendation

for

Departure)

For the purpose of Article 67 ① 1 of the

Recommendation)

Act, the term “through a minor offense”

When the head of the branch office

following

means a person who has violated Articles

or

sub-paragraphs, the head of office or

17 and 20 of the Act for the first time,

departure

branch office may recommend him/her

and the case where the relevant period

Article 67, section ② of the Act,

to depart voluntarily from Korea:

of

he/she shall indicate the fact in the

① If a foreigner staying in Korea falls under

any

of

the

1. In case a person who has violated the provisions of Article 17 and 20,

violation

is

less

than

10

days.



but the offence is not serious; and 2. In case a person who has violated this Act or the order issued under this Act, and whose recommendation for departure is deemed necessary by the Minister of Justice. ② When making a recommendation - 176 -

sub-branch

office

issues

recommendation

offense record.



a

under

for departure under the provision of paragraph ①, the head of office or branch office shall issue a written recommendation for departure. ③ When the written recommendation of

departure

is

issued

under

the

provision of paragraph ②, the term of departure may be set within the scope of 5 days after it is issued. Article 68 (Order for Departure) ① The head of office, branch office or immigration detention center may order a foreigner who falls under

Article 65 (Deadline for Exit Order)

any of the following sub-paragraphs

① When the head of the branch

to depart from Korea:

〈Revised

Dec.10,

office

1993,

Dec.12,

or

sub-branch

office

or

immigration detention center issues

1996, Dec. 29. 2001, Dec.5, 2002〉

a "departure recommendation" under

1. A person who is deemed to fall

Article 68, section ② of the Act,

under any of the sub-paragraphs of

he/she shall set the deadline for

Article 46-①;

departure within the period of 14 days from the date of its issuance.

2. A person who has not complied with

the

exit

order

under

the

② When the head of the branch office

provision of Article 67; 3. A person against whom all kinds

or

sub-branch

office

or

immigration detention center issues - 177 -

of

permission

has

been

cancelled

a

"exit

order"

under

Article

68,

pursuant to the provision of Article

section ② of the Act, he/she shall

89; 3-2. A person against whom it

indicate

is considered appropriate to make

record.

of

a

negligence

fine

pursuant to the provisions of Article 100-① through ③; and 4.

A

person

considered

against appropriate

whom to

it

is

make

him/her depart from Korea after a Notification of Disposition pursuant to the provision of Article 102-①. ② The head of office, branch office or

immigration

detention

fact

in



him/her depart from Korea after a disposition

the

center

shall, when ordering a foreigner to depart from Korea pursuant to the provision of paragraph ①, issue the written Order for Departure. ③ The head of office, branch office or immigration detention center may, when issuing the written Order for Departure pursuant to the provision of paragraph ②, set the term of departure, impose the restriction on - 178 -

the

offense

residence

and

other

necessary

conditions prescribed by the Justice Minister's Order. ④ The head of office, branch office or immigration detention center shall immediately issue the written Order for forced removal to the foreigner who has not departed from Korea by the term of departure after receiving the

Order

breached

for any

Departure,

or

has

conditions

imposed

under the provision of paragraph ③.

Immigration Control law

Enforcement Decree - 179 -

Enforcement Regulation

CHAPTER 7 INSPECTION OF

CHAPTER 6. INSPECTION OF

CHAPTER Ⅵ

VESSELS, ETC. Article

69

Examination

VESSELS, ETC.

(Inspection

and

Article 65-2 (Search of Vessels,

Article 82

etc.

of Vessels, etc.)

and Documents Inspection)

① When entering into or departing

① Upon making a search and examination

① Search of vessels, etc. under the

from a Port of Entry and Departure,

of the ship, etc. under Articles 69 and

provisions of Article 69, section 6

vessels, etc. shall be inspected by an

70 of the Act, an immigration officer shall

of

immigration officer.

confirm the matters under any of the

② When any unavoidable cause occurs for the vessels, etc. to enter or depart from ㅁ port other than a Port of Entry and Departure, the head of vessels, etc. or the carrier

following

sub-paragraphs:

1994.6.30, 2005.7.5> valid; 2. Whether or not the crew or passengers

Notification

procedures;

Vessels

on

board

under

the

justifiable

3. Whether or not the crew or passengers

the head of office or branch office

on board coincide with those on the list

with materials explaining the cause,

of crew and passengers submitted under

and

Article 75 ① of the Act;

the

inspection

as

referred to in paragraph ①. However,

4. Whether or not any of the crew or

in case unexpected accidents such as

passengers is prohibited from entry or

an emergency landing of an aircraft

departure;

and shipwreck, etc. occur, the head

be

substituted

by(with) documents inspection in the following cases: vessel due to storm, etc. departs other domestic ports after making a port call at the domestic port

under the provision of Article 74 to

undergo

may

2. When the vessel, etc. enters and

are

Scheduled

Act

1. When it is dangerous to board the

1. Whether or not the passport, etc. is

shall submit in advance the written of


the

5. Whether or not any of the crew or - 180 -

3. When it is deemed unnecessary to search on board the vessel, etc. ② Deleted <1999.2.27.>

[Newly Added, 1994.7.20.]

of vessels, etc. or the carrier shall

passengers has disembarked before the

immediately report the fact to the

search, in the case of an incoming ship;

head of office or branch office and

6. Whether or not any of the crew or

undergo the inspection. ③

When

an

performs

passengers has not returned to the ship,

immigration

officer

inspection

under

the

paragraphs ① and ②, he/she shall examine

items

of

the

following

sub-paragraphs: 1.

Whether

etc. not later than the search, in the case of an outgoing ship; 7. Whether or not anyone other than a crew or passenger has trespassed the ship, etc. without permission for embarkation; and

crew

and

8. Whether or not anyone, who intends to

passengers are eligible to enter and

enter or depart without going through due

depart from Korea, and any of them

formalities, is hiding on board the ship,

have

etc.

absconded

members

from

the

vessels,

② The head of the branch office or

etc.; 2. Whether any one has boarded the vessels,

etc.

unlawfully

who

enter

or

intends depart

sub-branch office may, when a departure

to

of the ship, etc. is likely to be delayed

from

due to a search on board by the immigration

Korea in violation of laws; and 3. Whether any one has boarded the

control

officials

under

paragraph ①, or if deemed necessary

vessels, etc. who has not obtained

otherwise,

the permission of boarding under the

passengers to submit the necessary

provision of Article 72.

documents,

④ An immigration officer may, when performing examination

the

inspection

pursuant

to

require such

the

as

crew

passports,

and etc.

before a departure of the ship, etc. and

and

have the eligibilities of the crew and

the

passengers examined in advance. - 181 -

provisions of paragraph ① through



③, request the head of vessels, etc. to present or let the immigration officer peruse a log book and other An

to Search and Examination) The scope of ship, etc. subject to search

necessary documents. ⑤

Article 82-2 (Scope of Ship, etc. Subject

immigration

officer

may

and examination by the immigration

question crew members, passengers

officers under Article 69 of the Act shall

or any other persons aboard vessels,

be as follows:

etc. to establish their identity or

1. The ship, etc. of the Republic of Korea

request them to present documents,

or a foreign country that plies between

etc. proving their identity.

domestic ports and foreign ports;

⑥ The head of office or branch office may,

pursuant

Minister's

to

Order,

examination

of

the

Justice

substitute

documents

for

2. The ship, etc. of the Republic of Korea or a foreign country that plies between

the

domestic

the

(excluding an operational ship without

inspection of vessels, etc.

ports

and

pelagic

areas

any foreign crew aboard); and

⑦ The head of vessels, etc. shall,

3. The ship, etc. falling under subparagraph

when the vessel is unable to depart

1 or 2, which plies between domestic ports

from Korea within 3 hours after the

after calling at a domestic port.

inspection

due

to

an

unavoidable


cause, report the fact to the head of office or branch office, and shall undergo

the

inspection

again

just

before the vessels, etc. leaves the port.

Article 83 (Search and Entry or Departure Inspection

at

Places

other

than

Immigration Ports) ① When the head of the ship, etc. or a - 182 -

forwarder submits a scheduled entry and departure notice to the head of the branch office or sub-branch office under Article 69 ② of the Act, it shall be deemed to have applied for permission falling under any of the following sub-paragraphs: 1. Permission

under

Articles

3

①

(proviso) and 6 ① (proviso) of the Act; and 2. Permission under Articles 12 ② and 28 ② of the Act. ② The head of the branch office or sub-branch

office

shall,

when

the

competent authorities on the ship, etc. have permitted the relevant ship, etc. to enter or leave a port, search the ship, etc. under Article 69 ② of the Act, except for the cases where there exist any special reasons. ③

Where

an

immigration

officer

commences the search and examination under Article 69 of the Act, it shall be deemed that ㅅhe head of the branch office or sub-branch office has granted a permit to an application under each - 183 -

sub-paragraph of paragraph ①: provided

that when there exist any special reasons for being unable to grant a permission, Article

70

Examination

(Inspection of

Vessels,

and

such a purport shall be immediately

etc.

notified to the head of the ship, etc. or

Authorized for Domestic Voyage)

a forwarder.

When having called at a port outside Korea

due

to

circumstances

such

unexpected as

sudden

accidents or navigational problems, a ship, aircraft, or any other means of transportation

that

carry

people

or

objects within the territory of Korea (hereinafter referred to as "vessels, etc. authorized for domestic voyage") shall be inspected by an immigration officer when it enters thereafter a port

of

Korea,

pursuant

to

the

provisions of Chapter 7 and 8. Article 71 (Suspension, etc. of Entry and Departure) ① When any unlawful fact is found as a result of the inspection under the provision of Article 69-③, the head - 184 -

of

office

or

branch

office

may

suspend the departure or entry of crew

members

or

passengers

in

question. ②

The

suspension

departure

under

of

the

entry provision

and of

paragraph ①should be limited to the period

of

time

necessary

for

conducting an investigation on such unlawful facts. ③ When it is necessary to prohibit or suspend continuously the entry or departure even after the investigation as referred to in paragraph ② is finished,

it

shall

be

required

to

obtain the decision of the Minister of Justice as prescribed in Article 4, 11 or 29. ④

When

deemed

necessary

to

prohibit or suspend the departure of crew members or passengers under paragraph ① of this Article, Article 4, or Article 29, the head of office or branch office may order vessels, etc.

to

suspend

temporarily

the - 185 -

departure or return to the port, or may restrict the movement of people into and out of vessels, etc. ⑤

When

ordering

vessels,

etc

to

suspend temporarily the departure or return to the port, or restricting the movement of people into and out of vessels,

etc.

pursuant

to

the

provision of paragraph ④, the head of

office

or

branch

office

shall

immediately notify the fact to the head of vessels, etc. or the carrier. This provision is also applied to the cases

where

suspension return,

or

of

the departure,

restriction

temporary order on

to the

movement of people into and out of vessels, etc. have been released. ⑥

The

temporary

suspension

of

departure, etc. of vessels. etc. under the provision of paragraph ④ shall be limited to the minimum necessary extent to perform duties. Article 72 (Permission for Boarding) - 186 -

①

When

the

crew

member

or

passenger of vessels, etc. anchoring at the Port of Entry and Departure

Article 84 (Permission on Embarkation)

Article 66 (a Boarding Permit, etc.)

or a port other than the Port of

① A person who intends to obtain

① When he/she intends to grant the

Entry and Departure, or a person

permission to embark under Article 72

"boarding permission" or "permission

other than those authorized to get on

① of the Act shall submit to the head

to

board by the provision of other laws

of the branch office or sub-branch office

inspection area" under the provisions

intends to board vessels, etc, he/she

a written application for permission on

of Article 84 of the Decree, the

shall obtain permission from the head

embarkation along with data vindicating

head

of office or branch office.

the reason for embarking: provided that

sub-branch

office

② The paragraph ① is also applied to

when there exist any inevitable reasons,

"permit

board

the case where a person other than

the head of the ship, etc. or a forwarder

approach the immigration inspection

an

may vicariously submit the application.

area".

immigration

enter

and

out

clearance areas.

officer of

intends

to

immigration

approach

of

the

the to

immigration

branch

office

shall the

or

issue

vessel

a and

② When a person intending to board the

② When he/she issues a "permit to

ship, etc. for repair, cleaning, working,

board the vessel and approach the

or other necessary purposes while the

immigration inspection area" under

ship, etc. plies between the immigration

the provisions of section ①, the

ports in the Republic of Korea or between

head

other places than the immigration ports,

sub-branch office shall record the

desires

fact

to

obtain

permission

on

embarkation under Article 72 ① of the Act, the head of the relevant ship, etc. or a forwarder shall submit to the head of the branch office or sub-branch office a written application for permission on - 187 -

of in

the the

branch

register

office of

the

or said

permit.

embarkation along with data vindicating the reason for boarding. ③ For the purpose of Article 72 ② of the Act, the term “immigration inspection place” means the place installed in the immigration port for an inspection of departure

or


entry.

Added,

2002.4.18.> ④ The head of the branch office or sub-branch

office

having

proper

jurisdiction over the immigration port may take the measures necessary for the prevention of illegal immigration against the immigration inspection places under paragraph ③. ⑤ A person who intends to obtain permission

to

enter

the

immigration

inspection place under Article 72 ② of the Act shall submit to the head of the branch office or sub-branch office a written application for permission to enter the immigration inspection place along with data vindicating the reasons for such an entry.

Immigration Control law

Enforcement Decree - 188 -

Enforcement Regulation

CHAPTER 8

RESPONSIBILITY OF

CHAPTER Ⅶ

THE HEAD OF VESSELS, CARRIER, ETC. Article 73 (General Obligation, etc. of

Article 85 Deleted. <1997.6.28.>

the Carrier, etc.) 〈Revised Mar.24,

2005〉 ① The head of vessels, etc. or the carrier

shall

observe

following

sub-paragraphs:
the

entry

or

landing

permission from entering or landing. 2. To prevent a person who does not have a valid passport (In case of a seaman, it refers both a passport and

a

Seaman's

Identification

Certificate) and a required visa from boarding. 3. To prevent a person who has not received

boarding

permission

or

departure inspection from boarding. 4.

To

deploy

safe

guards,

as

requested by an immigration officer, - 189 -

in order to prevent from entering, landing and boarding as prescribed in sub-paragraphs ① through ③. 5. To search vessels, etc. to check whether there is any person hiding to enter or depart Korea in violation of this Act. 6. To refrain from coming in and out vessels, etc. without permission until the search vessels, etc. or the entry and

departure

inspection

are

completed. 7.

To

prevent

passengers

crew

from

members

or

embarking

or

disembarking prior to leave the port since the completion of searching vessels, etc and inspection of entry and departure. 8.

Other

matters

ordered

immigration

officer

when

particularly

necessary

to

by

an

deemed perform

duties for searching vessels, etc. and inspection of entry and departure . ②

When

deemed

necessary

for

performing duties falling under any - 190 -

of the following sub-paragraphs, an immigration

officer

may,

with

an

approval of the head of office or branch office in advance, peruse the Passenger Name Record operated by the carrier through the information communication networks, or request the

carrier

to

submit

them

in

writing. In this case, the carrier shall comply with it:〈Newly Added

Mar.24, 2005〉 1. Investigation of a person who has violated the provisions of Article 7①, Article 7-2, or Article 12-2①; and 2. In case of terrorism and that corresponding

thereto,

investigation

of a person who falls under the provisions of Article 11-①-2 and 3. ③ The scope of the data to peruse or to be submitted in writing under paragraph ② shall be limited to the following sub-paragraphs:

〈Newly Added Mar.24, 2005〉 - 191 -

1. Nationality and address; 2. The point of time of reservation and check-in process; 3. Travel route and travel agency; 4. Accompanied passenger and seat number; 5. Baggage; and 6. Settlement method of price for purchasing air tickets ④ The immigration officer capable of perusing the data or of requesting to submit

them

in

writing

under

paragraph ② shall be limited to the person designated by the head of office or branch office.

〈Newly Added Mar.24, 2005〉 ⑤ The immigration officer designated under paragraph ④ shall not use the data of the Passenger Name Record gained

officially

for

the

unlawful

purposes such as divulging, handling without any authority, or providing them

for

others

to

use.〈Newly

Added Mar.24, 2005〉 ⑥ Detailed matters on the method of - 192 -

perusing

and

the

period

of

preservation etc. of the data under paragraph ② shall be determined by the

Presidential

Executive

Order.

〈Wholly Revised Dec.12,1996〉 Article

74

(Obligation

of

Prior

Notification) In case where vessels, etc. enter and depart from a port of Entry and Departure, the head of vessels, etc. or

the

carrier

shall

submit

in

Article 86 (Scheduled Entry and Departure

Article

67

(Arrival/Departure

Notice)

Notification and Report of Vessels,

advance the written Scheduled Entry

The head of the ship, etc. or a forwarder

etc.)

and Departure Notice specifying the

shall

and

① When the vessel, etc. arrives at

scheduled entry and departure date

departure notice under Article 74 of the

the entry and departure port or ㅁ

and

necessary

Act 24 hours at the latest prior to an entry

place

matters. However, if any unexpected

and departure of the relevant ship, etc.:

without making notice of scheduled

accidents

occur,

such

emergency

landing

of

time

and

other

give

a

scheduled

entry

other

than

the

said

port

as

an

provided that this shall not apply to the

vessels

aircraft,

a

case where a regular liner enters or

Article 86 of the Decree, on account

shipwreck, etc. the head of vessels,

departs, or where there exist any special

of

etc. or the carrier shall immediately

reasons.

apparatus,

notify the fact.

under

natural

the

provisions

disaster, evacuation,

trouble or

of of

other

unavoidable circumstances, the head of the vessel, etc. or a carrier shall notify the arrival of the vessel, etc. to the head of the branch office or - 193 -

sub-branch vessel,

office

etc.

right

arrives

at

after the

the port.

② When the head of the vessel, etc. or a carrier submits the scheduled G/D under Article 74 of the Act, and the G/D under Article 75 of the Act through information network, he or she shall transmit the G/D to the head

of

the

branch

office

or

sub-branch office in a standardized electronic form.


Added,

1999.2.27.

;

Revised, 2005.7.8.> ③ The term "case that can't be submitted

in

a

standardized

electronic form due to unavoidable circumstances" under the proviso of Article 75, section ② of the Act shall be as follows:
2005.7.8.> 1.

When

failure,

natural or

disaster,

information

power system/

network failure occurs due to similar conditions - 194 -

2. When the system for transmitting data

in

a

standardized

electronic

form is not established between the head

of

the

branch

office

or

sub-branch office and the head of aircraft arriving/departing from the port of entry or the carrier doing Article 75 (Obligation of Report)

aircraft business, on the condition

① The head of vessels, etc. or the

that the head of the branch office or

carrier that enter and depart from a

sub-branch

port of Entry/Departure or a port

justifiable reasons for the situation

other than a port of Entry/Departure

Article 87 (Obligation to Report)

shall submit the General Declaration

① The head of the ship, etc. or a forwarder

with

the

the

shall, upon undergoing a search under

items

Article 69 of the Act, submit a report on

Presidential

entry and departure under Article 75 ①

Crew

List

and

Passenger

List

stating

prescribed

by

the

Executive

Order

to

the

head

of

of the Act: provided that upon undergoing an

office or branch office.

examination

on

documents

under

〈Revised Mar.24, 2005〉

Article 69 ⑥ of the Act, the report shall

② The General Declaration by the

be submitted at that time.

provision of paragraph ① shall be submitted

in

the

standardized

② The head of an aircraft entering or departing from an immigration port, or

the

an air forwarder carrying on the business

standardized electronic document is

related to aircraft may, if unable to submit

not available due to the unavoidable

a report on entry and departure under

electronic

document.

If

- 195 -

office

recognizes

the

circumstances Justice

prescribed

Minister's

the

paragraph

①,

substitute

it

with

a

however,

submission of the documents prescribed

the head of vessels, etc. or the

by the international standard procedure,

carrier shall immediately report the

and the appendix of recomendations, of

fact to the head of office or branch

the

office and then may submit it in a

Organization with respect to a report on

form

entry and departure.

of

paper

Order,

in

document.(Newly

Added Mar.24,2005〉

International

Civil

Aviation

1. nationality

③ Detailed matters on the relevant

2. name on the passport

procedures, such as the submission

3. date of birth

time of the General Declaration etc.

4. gender

under the provision of paragraph ①,

5. kinds of documents and numbers

shall

6. whether or not transit passenger

be

regulated

Presidential

Executive

by

the Order.



(applicable only to passenger) ③ The head of an airplane entering or

④ When the head of vessels, etc. or

departing any port of entry in Article

the carrier that enter a port of

75-1 on the Report of Entry/Departure

Entry and Departure or a port other

or any carrier in the airplane-related

than the port of Entry and Departure

businesses shall submit the information

finds a person who is aboard without

with regard to the airplane inclusive of

a passport (in case of a seaman, it

the

refers

2005>

both

a

passport

and

a

following
added,

Seaman's Identification Certificate),

1. types of airplane(s)

he/she shall immediately report the

2. registration number and name

fact to the head of office or branch

3. nationality - 196 -

July

5,

office and prevent the person from

4. departing port and departing hour

landing.
5. routing place and routing hour

⑤ The head of vessels, etc. or the carrier that depart from a port of Entry and Departure or a port other than the port of Entry and Departure

6. port of entry and entry hour 7.

number

of

crew,

passenger,

and

transit passenger ④ The head(s) of immigration branch or

shall report to the head of office or

sub-branch

branch office on whether or not a

head(s) of an airplane or carrier, without

crew

to

hesitation, to complement and submit the

vessels, etc. and there is a person

information when such an officer found

who attempts to depart from Korea

any matters on the crews and passengers

without going through due departure

to be complemented while perusing the

procedure.

Report on the Entry/Departure which was

member

has

returned

office

may

request

the

submitted in the standardized electronic format under Article 75-1 and-2 of the Act. ⑤ The deadline for the submission of the Report

on

Entry

and

Departure

by

reporting company under Article 75-1 of the Act shall be as follows; -twenty(20) minutes after departure from departing country or two hours Article

76

(Obligation

of

(1) before the entry into Korea in the case

Repatriation)

of entry of port-Immediately if ready for

The head of vessels, etc. or the

departure in the case of the departure - 197 -

carrier carrying a foreigner who falls under

any

of

sub-paragraphs,

the shall

of Korean port.

following immediately

Article 88

repatriate the foreigner out of Korea

① The head of the branch office or

at the expense and responsibility of

sub-branch office shall, when demanding

the

the head of the ship, etc. or a forwarder

head

of

vessels,

etc.

or

the

carrier:

to repatriate a person falling under any

1. A person who has failed to meet

of sub-paragraphs of Article 76 of the

the requirements as prescribed in

Act, issue and deliver a repatriation

Article

order: provided that where it is a matter

7-①

through

④,

Article

of urgency, he may make an oral demand,

10-①. 2.

A

person

whose

entry

has

prohibited or refused under Article 11.

and in this case, he shall deliver without delay a repatriation order. ② The head of the ship, etc. or a forwarder

3. A person whose entry has not

shall, upon finishing a repatriation under

permitted due to the reasons caused

paragraph ①, report in writing the result

by the head of vessels, etc. or the

thereof to the head of the branch office

carrier under Article 12-④.

or sub-branch office.

4. A person who landed as a crew

③ With respect to a foreigner subjected

member under Article 14, but has

to a delivery of repatriation order under

not returned to the vessel, etc. until

paragraph ①, the head of the ship, etc.

it departs from the port.

or a forwarder shall bear such expenses

5. A person who falls under Article

as

transportation,

board

and

lodging

46-①-5 or 6, and has received the

costs, and detain the relevant foreigner

Order of forced removal.

until he/she is repatriated. - 198 -

Immigration Control law CHAPTER 9

SUPPLEMENTARY

PROVISIONS

Enforcement Decree

Enforcement Regulation

CHAPTER Ⅷ SUPPLEMENTARY

CHAPTER 7. SUPPLEMENTARY

PROVISIONS

PROVISIONS

Article 77 (Carrying and Use of Arms,

Article 68 (Report on Attribution to - 199 -

etc.) 〈Revised Dec.29, 2001〉

the National Treasury of Deposited Bond)

① An immigration officer may carry arms, etc. (referring to equipment,

When the head of the office makes

outfit, sprayer, arms stipulated in

a decision on the attribution to the

Article 10 to 10-4 of the Police

National Treasury of deposited bond

Officer Duty Performance Act, and

under the provisions of Article 13,

hereinafter

or Article 66, he/she shall report the

etc.")

referred

when

perform

it

to

is

as

"arms,

necessary

to

facts to the Minister of Justice.

duties.〈Revised

his/her

Dec.29, 2001〉 ② An immigration officer may use arms, etc. in accordance with the provisions

of

Article

10

through

10-4 of the Police Officer Duty Performance Act. 〈Revised Dec.29,

2001〉 Article

78

(Cooperation

of

the

agency(agencies) Concerned) prescribed

in

investigation

Article

concerning

88-9(Use

Information

① When needed for the investigation as

Article

47,

the the

Data

of

such

Personal as

Criminal

Record Check, etc. ) ①With regard to Article 78-2 of the Act,

the

head(s)

of

immigration

recognition, etc. of a refugee under

(branch/sub-branch)office(s) shall take

the provision of Article 80 or the

measures

investigation

identification

of

an

immigration

such

as

granting

number(PIN) - 200 -

personal to

the

offender, may

the

request

concerned

immigration the

or

officer

agency(agencies) organizations

immigration

officer(s)

intending

to

check criminal records or investigation

to

records and shall make sure that no

present materials or to cooperate in

unauthorized person(s) access to the

investigation of facts, etc.
criminal

Dec.10, 1993〉

records.

② For the purpose of evaluating the

②When

records a

person

or

investigation

intends

to

make

appropriateness for the issuance of

access to the data in the information

the

or

system by reservation under Article

immigration

73-2 of the Act, the rules of section

stay

of

investigating offender,

foreigners an

the

immigration

officer

may make a request for inquiry of the

data

on

investigation

1 is(are) to be applied. ③ Immigration officer(s) cannot save

criminal

career

and

or store the data perused, checked,

career

to

the

accessed or submitted under Article

agency(agencies) concerned.〈Newly

73-2 or Article 78-2 of the Act.

Added Mar.24, 2005〉

But

for

the

investigation

purpose

③ The agency(agencies) concerned

stipulated in Article 73-2, the data in

or organizations which are requested

the information system by reservation

for cooperation under paragraph ①

can

and inquiry under paragraph ② shall

investigation report or by attaching as

not refuse them without justifiable

printed format. [newly added, July 5,

reasons.

2005]

be

saved

by

copying

in

the

〈Newly Added Mar.24, 2005〉 Article

79

(A

Person

Obliged

to

Article 89 (Persons Liable for Application, - 201 -

etc. for Permission)

Apply for Permission, etc) In case a person falling under any

① For the purpose of Article 79 of the

of the following sub-paragraphs is

Act, the term “other person pre-scribed

under the age of 17, and if s/he

by the Presidential Executive Order”

fails himself to make an application

means a de facto supporter, sibling,

for permission, etc. his/her parents

reference, or other persons Cohabitation.

or

other

is(are)

② Where the father or mother is unable

Presidential

to apply under Article 79 of the Act, the

Executive Order, shall make such

person under paragraph ① shall apply in

application:〈Revised Dec. 12, 1996,

the order provided in the same paragraph.

prescribed

person, by

who

the

Dec.29, 2001〉 1.

A

person

"Permission Activities Status"

who

to

shall

Engage

Beyond pursuant

the to

obtain in

the

Current

Article

20;

1-2. A person who shall obtain a "Status of Stay" pursuant to Article 23; 2.

A

person

who

shall

obtain

"Permission to Change the status of stay" pursuant to Article 24; 3.

A

person

who

shall

obtain

"Permission to extend the Period of Stay" pursuant to Article 25; - 202 -

4.

A

person

foreigner

who

shall

registration

make

a

pursuant

to

Article 31; 5. A person who shall make a report on

the

change

in

foreigner

registration items pursuant to Article 35; and 6. A person who shall make a report on the change of the place of stay pursuant to Article 36. Article 90 (Investigation of Facts)

Article 80 (Investigation of facts) considerable

The competent public official shall notify

grounds to suspect that the reports

without delay the head of the office or

or

in

branch office thereof when he has found

Article 19, Article 31, Article 35

out, as a result of fact-finding under

and Article 36 are different from the

Article 80 ① of the Act, that the details

fact, an immigration officer or other

of report or registration are different from

authorized public officer may conduct

the facts,

①

When

there

registrations

are as

prescribed

an investigation of the fact in order to

ensure

the

accuracy

of

the

reports or the registrations under this

Act.

〈Revised

Feb.5,

1999,

Dec.29, 2001〉 ② When needed for the issuance of - 203 -

"the certificate of stay of foreigners" under the provision of Article 9, the recognition of a refugee under the provision of Article 76-2 or the cancellation of the recognition of a refugee

under

the

provision

of

Article 76-3, the Minister of Justice may

have

an

immigration

officer

conduct an investigation of the fact.
2001〉 ③

When

needed

investigation

as

to

conduct

referred

to

an in

paragraphs ① and ②, it shall be authorized to have the person who has made a report, registration or application under paragraphs ① and ②, or other person concerned appear to

answer

documents

any

question,

and

other

present materials.

〈Revised Dec.10, 1993, Feb.5, 1995〉 Article Article

81

Foreigner

(The

Investigation

Activities

Immigration Officer)

by

of an

Article 91 (Investigation of Foreigner Movements)

69

(Report

on

the

Investigation of Foreigners Activities, etc.)

① When he/she has investigated the - 204 -

A branch officer shall enter the

① An immigration officer and other

movements of foreigners, etc. under

results of investigation of foreigners

public officers, belonging to related

Article 81 ① of the Act, an immigration

activities

agency(agencies)

as

officer shall keep a

Article 91 of the Decree in the

the

Executive

Presidential

regulated

by

record thereof.

under

the

provisions

of

Order,

② An immigration officer shall continue

may for the purpose of investigating

to verify whether a person subjected to

whether

is

the injunction order of activities under

The head of the office shall report

lawfully staying in compliance with

Article 22 or a restriction notice on the

without delay to the Minister of

this Act or the orders under this

scope of activities, etc. under Article 27

Justice, regarding the matters falling

Act, visit to ask questions or to

complies with the order or the content

under

request

other

of restriction, and keep a record thereof.

sub-sections.

necessary materials to the foreigner,

③ Matters necessary for the report on

1. When there exist some concerns

the

the investigation of foreigner movements

about having serious influence on the

representative of the organization to

and the keeping of records shall be

diplomatic relationship, in respect of

which the foreigner belongs or the

prescribed by the Justice Minister's

foreigners

foreigner's

Order.

the

or

not

foreigner

submission

foreigner's

person

a

employer,

work

who

has

accommodation

of

for

place,

and

the

ever

provided

the

foreigner.

〈Revised Dec.13, 1997〉 question

or

requested

to

present

activities.

2.

any

When

Article 91-2 (Public Officials Belonging

the

exists

offender

following

the

public

related

to

information

is

foreigners. 3.

① For the purpose of Article 81 ① of the

of

there

security to Related agency

② The person who is asked any

register of investigation of foreigners

When

the

main

reported(released)

by

mass

media

Act, the term “public officials belonging

such as newspaper, correspondence,

materials under paragraph ① shall

to

broadcasting,

not refuse it without any justifiable

those falling under any of the following

reason.

sub-paragraphs:

related

agency(agencies)”

means

of Labor in charge of the - 205 -

duties of

in

respect

of

foreigners or foreign organizations. 4.

1. Public officials belonging to the Ministry

etc.

When

it

is

necessary

for

establishment(implementation)

the and

operation of the basic immigration

policy

employment and of being employed; 2. Public officials belonging to the Small

5.

When

there

exists

the

main

and Medium Business Administration in

domestic or international information

charge of the duties of protection and

necessary

management of industrial trainees; and

residence control.

3. Other public officials belonging to the related

central

administrative

agency

(agencies) who are deemed necessary by the Minister of Justice in relation to the

for

the

foreigner's

6. When there exists the foreigners' offense

drawing

particular(special)

attention of society. 7. When there exist the particular

protection and management of industrial

activities

trainees.

Korea, and other matters deemed to

② When the public officials, belonging to

of

foreigners

staying in

be important. The

the related agency(agencies), investigate

head

of

the

office

shall

the foreigner movements pursuant to

quarterly integrate the results of the

Article 81 ① of the Act, they shall notify

investigation under the provisions of

the

section 1 of this Article and report

head

of

the

branch

office

sub-branch office of its details.

or

it to the Minister of Justice within 15 days after the quarter finishes.

Article

81-2

(Stationing

of

an

The head of the branch office

Immigration Officer)

shall prepare a group record file on

The Minister of Justice may have an

the

immigration

a

activities indicating the record on

diplomatic mission overseas, etc. in

the agency or organization that the

order to make him/her engage in the

foreigner is employed, in relation to

business

the

of

officer

issuing

stay

visas

in

or

the - 206 -

investigation

investigation

of

of

foreigners

foreigners

activities

Foreigner Entry Permit under Article 7-①

or

④,

gathering

necessary

information or doing liaison business relating

to

the

foreigner's

entry.

〈Newly Added Mar.24, 2005〉 Article 82 (Carrying and Presentation of Identification Card)

Article 92 (Uniform and Identification Card

When an immigration officer or an authorized

public

officer

performs

of Immigration Control Officials) ① When engaging in the duties

related

his/her duties falling under any of

to immigration control, an immigration

the

sub-paragraphs,

officer shall wear a uniform: this shall

he/she shall carry and present the

not apply when the Minister of Justice

identification card indicating his/her

permits or when there exist special

authority to the person concerned:

reasons.

1.

following

the

②When performing the duties of judicial

residence or objects or requests to

police officer under Article 3 ⑤ of the

present documents or other things

Act on the Persons Performing the Duties

under Article 50;

of Judicial Police Officers and the Scope

2.

When

When

he/she

he/she

inspects

inspects

and

examines under Article 69 and 70; 3. When he/she asks questions and requests to present other necessary materials under Article 80 and 81; and

of Their Duties, an immigration officer shall carry an identification card of judicial police officer with him.
2002.4.18., 2005.7.5.> ③ Matters necessary for the uniform under paragraph ① shall be prescribed - 207 -

4.

When

duties

he/she

performs

corresponding

other

to

by the Justice Minister's Order.

the Article 70 (Report on Immigration

sub-paragraphs ① through ③.

Offenders) When a branch officer receives the

Article 83 (Report on Immigration

report

Offenders)

under

the

provisions

of

person

Article 8 of the Act, he/she shall

suspected to have violated this Act

take necessary measures after the

may

verification of the facts.

Anyone

who

finds

report

the

a

fact

to

an

immigration officer. Article 84 (Obligation of Notification) ①

When

government

a

national officer,

or in

a

local

performing

his/her duties, finds a person falling under any of the sub-paragraphs of Article 46-① or a person deemed to have violated this Act, he/she shall immediately notify the fact to the head of office, branch office or immigration

detention

center.

〈Revised Dec.5, 2002〉 ② When a foreigner falling under paragraph ① has been released by the

completion

of

the

period

of - 208 -

imprisonments or by the suspension of execution of a sentence or other reasons, or released from internment under

care

and

rehabilitation

and

custody

or

custody,

or

released from Juvenile Penitentiary after internment under the Juvenile Act, the head of prison, Juvenile Penitentiary, detention house and its branch,

social

rehabilitative juvenile

protection custody

reformatory

house,

house

or shall

immediately notify the fact to the head

of

office,

immigration

branch

detention

office

or

center.


85

(Relation with Criminal

Procedures) ① The head of office, branch office or immigration detention center may, even while a person falling under

Article 93 (The Relevance with Penal Procedure)

any of sub-paragraphs of Article

① When a forced removal order or an exit

46-① is still under the execution of

order is issued to a person subjected to

the sentence, take a procedure of

a request for a summary order by a public - 209 -

forced

removal.〈Revised

Dec.5,

2002〉

prosecutor, if there exists an opinion from the chief of a District Public Prosecutor’s

② In the case of paragraph ①, if the

Office that his departure from the country

Order of forced removal has been

does not impede the trial, and if he/she

issued, the order shall be executed

has paid the amount equivalent to the fine,

after the execution of a sentence

The

against the foreigner is completed.

sub-branch office or the head of the

However, if the chief of the district

immigration

public

having

execute the forced removal order prior

jurisdiction over the present place of

to a summary order from the District

the foreigner permitted, the Order of

Court, and let the person subjected to

forced

an exit order leave the Republic of Korea.

even

prosecutor's

removal before

office

may

the

be

executed

execution

of

a

sentence is terminated.

head

of

the

branch

detention

office

center

or may

② When a forced removal order or an exit order is issued to a person who has not paid a fine or surcharge in full, if there

Article 86 (Surrender of a Person)

exists an opinion from the chief of a

① When issuing a non-indictment

District Public Prosecutor’s Office that

decision on a suspect in custody

he/she is not capable of paying it, the

against whom the Order of forced

head of the immigration branch office or

removal has already been issued, a

sub-branch office or the head of the

prosecutor shall surrender him/her to

immigration detention center may, even

an immigration officer.

if the fine or surcharge has not been paid

② If the Order of forced removal is

in full, execute the deportation order, and

issued against a foreigner who was

let the person subjected to a exit order

notified to the head(s) of immigration

leave the Republic of Korea. - 210 -

branch/sub-branch

office

immigration

center

detention

or under

the provision of Article 84-②, the head of prison, Juvenile Penitentiary, detention house and its branch, social protection

house,

rehabilitative

custody house or juvenile penitentiary shall

surrender

immigration with

him/her

officer

his/her

to

an

simultaneously

release.

〈Revised

Aug.4, 2005〉 Article 87 (Immigration Fees) ① A person who obtains permission under

this

Act

shall

pay

Article

fees

71

(Adjudication

Fees

on

Application for the Issuance of Visa,

pursuant to the Justice Minister's

etc.) ① Adjudication fees on the application

Order. ② When deemed necessary in the

for the visa issuance (in the case of

light of the international practices or

Article 11, section ①, they refer to

reciprocity

fees paid individually) are as follows:

principles

and

other



reasons as prescribed by the Justice Minister's

Order,

the

Minister

of

1. Single visa

Justice may exempt fees as referred

- The period of stay less than 90

to in paragraph ①, and in case there

days : the amount equivalent to $30

is a separate provision on fees in an

of the currency of the United States - 211 -

agreement, etc, s/he shall comply with

the

provision.

of America (hereinafter referred to as

〈Revised

the "U. S. dollar")

Dec.29, 2001〉

- The period of stay more than 90 days : the amount equivalent to $80 2.

Multiple

visa

:

the

amount

equivalent to $80 ②

The

adjudication

fee

shall

be

equivalent to the amount specified in section ① above when the head of the Korean Mission Overseas issues


a foreigner entry permit.

2002.4.27.> ③ The head of the Korean Mission Overseas shall set the amount of standard, considering the change of a foreign exchange rate , when he collects fees under sections ① and ② as the currency of the residence country.

In

this

case,

if

the

diplomatic mission of the residence country

is

ambassador

two

or

sets

the

more, amount

the of

standard. ④ The head of the Korean Mission Overseas - 212 -

shall

in

light

of

the

international practice or principle of reciprocity, obtain the approval of the

Minister

differently

of

Justice

determines

when

the

he fees

pursuant to section ① above. Article 72 (Fees Related to Various Permission, etc.) ① Fees on permission related to the entry and stay of foreigners and the issuance

of

certification

of

entry/departure records, etc. shall be one falling under any of the following sub-sections.

2002.4.27.,


.2006,8.2,

.2008.7.3> 1.

Entry

permission

or

foreigner

entry permit issued by the head of the branch office/sub-branch office : 40,000 won (in the case of the proviso of Article 10, section ④ of the Decree : 80,000 won) 2. Permission for additional activities under the current status of stay: 60,000 won Among the status of - 213 -

stay

in

Table

1

of

Enforcement

Decree, 10,000 won when it is recognized as in the permission of the time-based employment

by

the

Minister

of

Justice for the person qualified for 11.

Study(D-2)

Training(D-4),

or

13.

General

30,000 won for the

person qualified for 27. Residence (F-2) 3. Permission for change or addition of place of employment: 60,000 won 4. Granting of status of stay : 40,000 won [in the case of the status of stay 27. Residence(F-2) or 28-3. Permanent Residence(F-5)

in the

Attached Table 1 of the Decree : 20,000 won] 5. Permission for change of status of stay : 50,000 won 6. Permission for extension of period of stay : 30,000 won of

the

status

[in the case of

stay

27.Residence(F-2) in the Attached table 1, of the Decree : 20,000 - 214 -

won] 7. Single re-entry permit : 30,000 won 8. Multiple re-entry permit : 50,000 won 9. Permission for extension of period of re-entry permit : the amount equivalent to $20 10. Issuance and re-issuance of a certificate of foreigner registration : 10,000 won 11.

Certification

of

entry/departure

records (one piece) : 1000 won 12.

Certification

of

a

foreigner

registration (one piece) : 1000 won 13. Issuance and re-issuance of a refugee travel document : 10,000 won 14. Permission for extension of the validity period of a refugee travel document : the amount equivalent to $5 Article 73 (Method of Payment of Fees) - 215 -

The method of payment of fees shall be

one

falling

following

under

any

of

the


sub-sections.

1995.12.1 ; 2004.9.24> 1. In the case of paying to the branch

office

and

its

sub-branch

office : a revenue stamp equivalent to the relevant amount of fees or electronic

money

payment

using

communication

and the

electronic information


network.

2004.8.23.> 2. In the case of paying to the Si/Gun/Gu :

a

certified stamp of

revenue equivalent to the relevant amount of fees or electronic money and

electronic

information

payment

using

communication

the

network

3. In the case of paying to the Korean

Mission

Overseas

:

a

revenue stamp and cash equivalent to the relevant amount of fees or a voucher

proving

the

payment

cash. - 216 -

of

Article 74 (Exemption of Fees) ①

The

term

"other

reasons

prescribed by the Justice Minister's Order" under Article 87, section ② of the Act means the case that falls under

any

of

the

following


sub-sections.

.2007, 6.1. 2008.7.3.> 1. When an agency or organization designated by the Minister of Justice among

agency(agencies)

organizations

carrying

international

cooperation

out

and

expenses

for

the

business,

etc. intends to bear the fares

or

airline domestic

stay of invited foreigners or it is deemed necessary, in particular, to exempt

the

permission

fees or

for

visa

the

entry

issuance

of

invited foreigners for humanitarian grounds. 2. When a foreigner who has been invited for the purpose of bearing the expenses for domestic stay such - 217 -

as school expenses by the Korean government Article 88 (Issuance of Certificate of

or

the

government-

invested research institution, and the

the Facts)

government-invested

research

① The head of office or branch

institution in the field of science/

office may issue, as prescribed by

technology under the Act on the

the

Establishment

Justice

Minister's

Order,

the

and

Fosterage

of

Certificate of the Facts on Entry and

Government-Invested

Departure from Korea to a person

Institution, etc. or the Act on the

who

Establishment

has

ever

departed

from

or

and

entered Korea under the procedures

Government-Invested

of this Act.

Institution,

② The head of office, branch office

etc.

in

Science/Technology

Research Fosterage

of

Research the

Field

files

of an

or the head of Si, Gun, Gu may

application

issue, as prescribed by the Justice

change the status of stay and to

Minister's Order, the Certificate of

extend the period of stay, or the

the Facts on Foreigner Registration

re-entry permit in order to engage

to

in the activities falling under the

a

foreigner

Foreigner

who

Registration

has

made

under

the

status

procedures of this Act.

for

the

of

Culture/Arts(D-1)

〈Wholly Revised Dec.29, 2001〉

permission

stay and

to

10. 11.

international students (D-2), or 13. General Training (D-4) specified in

Article

88-2

(Relation

Between

the attached Table1.

certificate of foreigner registration,

3. When a person is subject to the

etc. and National ID Card, etc.)

status of stay 1. Diplomacy(A-1) - 218 -

① In case a national ID card or a

through 3. Agreement (A-3), or 17.

Copy of the Resident Registration․an

Foreign

Abstract

in the attached Table 1.

of

Registration" submitted

the

is

required

in

relation

Resident to to

Investment(D-8)

specified

be

4. When e-document is available for

the

reading or delivered under Article

procedures or transactions prescribed

72-11 and Article 72-12 evidence

by laws and regulations, a certificate

5. When the permission is granted

of

a

for the change of status of stay or

Certificate of the Facts on Foreigner

the extension of the period of stay

Registration shall substitute it.

on humanitarian ground and, at the

②

foreigner

A

registration

"Foreigner

or

Registration"

and

same time, when the need for the

"the Report of the Change on the

exemption

of

Place of Stay" under this Act shall

recognized

by

substitute the "Resident Registration

Justice[Wholly

and "Moving in Report.". 〈Newly

2006]

processing the

fee

is

Minister

of

revised,

August

2,

Added Dec.5, 2002〉 Article 75 (Issuance of Certificate of Entry and Departure Record) ① The application for the "certificate of entry and departure record" under Article 88, section ① of the Act may

be

made

by

an

applicant

himself, or his legal representative, or an agent authorized by him/her. In this case, such application shall - 219 -

be filed by office

the head of the branch

or

sub-branch

office.

② The principal (applicant himself), or his/her legal representative, or a person who is assigned from him/her shall

apply

for

the

head

of

the

branch office/sub-branch office, or the head of the Si/Gun/Autonomous Gu, with respect to the certification of

foreigner

registration

under

Article 88, section ② of the Act. (Revised, Aug. 23, 2004) The following person(s) may apply for

the

certificate

of

entry

and

departure record, or of foreigner's registration,

notwithstanding

provisions

of

sections


above.

①

the or

②

Added,

2004.8.23.> 1.

When

an

applicant

may

not

express his intention due to his/her disappearance, spouse,

or

descendants - 220 -

or lineal

death,

etc:

his

ascendants

&

2.

When

a

departs

foreigner

from

the

permanently country:

his

employer or representative 3.

When

a

person

is

deemed

necessary for the public interests by the Minister of Justice. Matters necessary for the supporting documents,

etc.

required

of

application under section

the

shall be

determined by the Minister of Justice.

Newly Added, 2004.8.23.> Article 76 (Attached Documents in Applying for Visa Issuance) ① The attached documents by Status of Stay shall be the same as those specified in the attached table 5; 1.when a foreigner applies for the issuance of a visa or foreigner's entry permit under Article 7, section ①, and Article 10, section ② of the Decree, 2.

when

a foreigner

falling under

Article 8, section ①, subsection ① applies - 221 -

for

an

entry

permission

under Article 14, 3. when a foreigner applies for the issuance of the CEVI under Article 17, section ②. ② When it pertains to any one of the followings, the document(s) to be attached based upon the status of stay

is(are) according to Table

5-2; 1. When applying for the permission for the activities outside the status of

stay

under

Article

25

of

Enforcement Decree 2. When applying for the permission for the change of working place or for the additional permission

under

Article 25 of Enforcement Decree 3. When applying for the grant of status of stay under Article 29 of Enforcement Decree 4. When applying for the change of the status of stay under Article 30 5.When applying for the extension of the period of stay

under Article 31

of Enforcement Decree - 222 -

6. When applying for the foreigner registration

under

Article

40

of

Enforcement Decree ③ Among the documents to be attached in section 1 and section 2, when it is possible to confirm the information

of

the

attached

document(s) via the joint use of administrative stipulated

in

E-Government

information

as

Article

21-1

of

Act,

such

a

confirmation can be substituted for the submission of the documents. [Wholly

revised

June

Dec.12, 2007>

Article 89 (Cancellation or Change of Various Permission, etc.) ① When a foreigner falls under any of the following sub-paragraphs, the Minister of Justice may cancel or change the issuance of visa under Article 8, the issuance of "the stay of foreigners" under Article 9, entry

Article 94 (Revocation and Change of - 223 -

1,

2007]
permission

under

conditional

entry

Article

12-③, under

① When he has revoked or changed

Article 13, landing permission under

permission to extend a period of stay

Article 14 or permission to stay,

under Article 89 ① of the Act, the Minister

etc.

of

under

permission

Various Permissions, etc.)

Article

20,

21,

23

through 25:

Justice

shall

notify

the

relevant

foreigner thereof, and enter the relevant

〈Revised Dec.12, 1996〉

purport in the passport, etc.

1. In case a guarantor withdraws

② When such permits held by a foreigner

his/her guarantee, or there is no

are revoked under paragraph ①, as a

guarantor;

certificate

2.

In

case

obtained

it

is

found

permission,

to

etc.

have in

a

deceitful or unlawful manner; 3.

In

case

any

In

case

a

confirmation

of

visa

issuance under Article 9 of the Act, a conditional

entry

permission

under

Article 13 of the Act, a permission on

conditions

of

permission are violated; 4.

for

landing of crew under Article 14 of the Act, and a permission for activities not

critical

reason

is

covered by status of stay under Article

occurred that the permission can not

20 of the Act, an immigration officer shall

be maintained any longer due to

recover the relevant

permits.

③ Deleted. < Feb. 26,1999.>

change of circumstances; and 5. In case the degree of violation against this Act or other Acts is serious

or

any

ex

officio

order

issued by the immigration officer is When

94-2

(Procedure

for

Stating

Opinions) ① The notification under Article 89 ③ of the Act shall be made in writing: provided

violated. ②

Article

deemed

necessary

that this shall not apply to the case where - 224 -

concerning cancellation or change of

such a notification is impossible because

various permission, etc. pursuant to

the whereabout of a relevant foreigner

paragraph ①, the Minister of Justice

or an applicant is unknown.

may

the

② The foreigner or applicant in receipt

applicant under Article 79 appear to

of a notice under paragraph ① may appear

hear his/her opinion.

at a given time and place and state his

③

In

have

the

case

opinion, or submit his opinion in writing

Minister of Justice shall notify the

(including electronic documents) to the

reasons for a cancellation or change,

Minister of Justice. In this case, if he has

the date and time, and the place to

failed to comply with a statement of

attend

the

opinion, or to submit an opinion in writing

days

(including electronic documents) by the

applicant

the not

paragraph

or

the

to

of

foreigner

foreigner later

than

②,

or 7

before the date of attendance.

given date, he shall be deemed to have no opinion.
Executive Order No. 18312, Mar. 17, 2004 rel="nofollow"> ③ When the foreigner or applicant appears and states his opinion under paragraph ②, the related public officials shall prepare a written summary (including electronic

documents)

thereof,

and

require the person who has made the statement to verify it and sign and seal on it.

[Newly Added, 1999.2.26.] - 225 -

Article 94-3(E-Civil Service Counter) ① The Minister of Justice may establish and operate E-Civil Service Counter under Article 34-2 of the E-Government Act ②The necessary details with regard to the Article 90 (Personal Reference) ①

When

deemed

necessary

establishment and operation of E-Civil in

Service

Counter

and

the

processing

Article 77 (Personal Reference) ①

A

person

who

guarantees

the

personal identity under Article 90 of the

Act

shall

submit

a

letter

of

connection with the issuance of a

procedures for civil service matters are

guarantee indicating personal details,

visa, the issuance of "the stay of

to be decided and announced by the

period

foreigners",

Justice Minister's Order. [Newly added

guarantee, etc. of the guarantor and

Aug.24, 2006]

guaranteed foreigner to the head of

entry

Conditional

Entry

permission,

Permit,

various

permission to stay, internment or handing

office/sub-branch

① The provisions of Article 17 ② shall

.

or

apply mutants mustangs to the procedure

other related person guarantee for

for depositing a bond under Article 90

provisions of Article 1 shall prove

such foreigner (hereinafter referred

④ of the Act.

the fact that he/she has an address

as

the

of

of

to

etc,

may

a

have

immigration

branch

contents

office/immigration

Justice

of

guarantee,

Article 95

offenders,

over

the

of

Minister

the

“guaranteed

inviter

foreigner”).

guarantor

has

under

the

90 ① of the Act fails to fulfill his/her

guarantee

the

② The Minister of Justice may have

responsibility to guarantee a foreigner,

(Revised, Jul. 1, 1997)

a person agreeing to subscribe to

the bond deposited under Article 90 ④

③ The guarantor of the agency or

fidelity bond (hereinafter referred to

of the Act shall be used to cover expenses

organization to which the guaranteed

as a “guarantor of fidelity bond”) for

for stay, detention, and departure of the

foreigner belongs shall be the head

personal

ability

the

and

- 226 -

in

The

center.

Korea

〈Revised Dec.12, 1996〉

② If a personal reference under Article

②

detention

to

identity.

a

guaranteed

foreigner

under

paragraph ①, bear the whole or part of

the

expenses

guaranteed

needed

for

foreigner’s

internment

and

departure

Treasury

of the same Article.

in special circumstances. In this case,

③ The bond deposited under Article 90

the proof of the ability to guarantee

stay,

④ of the Act shall be returned to the

the personal identity under section ②

from

personal reference if he fulfills his/her

above

responsibility for fidelity bond or if the

1997.7.1.>

③ Where expenses are incurred from National

of the agency or organization, except

the

Korea. 〈Revised Dec.12, 1996〉 the

guaranteed foreigner under paragraph ②

because

a

objective of fidelity bond is achieved.



④

is

When

not a


required. foreigner

becomes

a

guarantor pursuant to the provisions of

personal reference bond fails to pay

section ② above, he/she shall have a

such

expenses

by

the

certificate

②,

the

under Article 33 of the Act. In this

Minister of Justice may exercise a

case, the period of guarantee may not

right

exceed the period of stay of the

provision

imposed

of

of

paragraph

indemnity

against

the

Dec.12, 1996〉 Where

it

foreigner

registration

guarantor.

guarantor of fidelity bond. 〈Revised ④

of

⑤ When a Korean guarantor intends a

to depart from Korea for the purpose

personal reference bond is likely to

of permanent residence in a foreign

fail

as

country,

②,

or

shall look for a new guarantor. This

impossible

to

shall apply to the case that a foreign

to

referred where

is

pay to it

deemed

such in

expenses

paragraph

seems

that

the

guaranteed

achieve the object of guarantee only

guarantor

by the subscription to fidelity bond,

Korea

departs

the Minister of Justice may have the

⑥

guarantor of fidelity bond deposit

⑦

The

foreigner

maximum

duration

guarantee shall be four years.

the amount of money not exceeding - 227 -

from

of

3

million

Won

per

⑧

guaranteed

foreigner.

When

the

Korean

governmental

or

Foreign

agency(agencies)

〈Revised Dec.12, 1996〉

become a guarantor or in the case

⑤ The qualifications for a guarantor

of

of

a

fidelity

guarantee

bond,

and

period

other

of

the

person

designated

by

the

Minister of Justice, the head of the

matters

branch

office/sub-branch

necessary for the fidelity guarantee

office/immigration

detention

shall be determined by the Justice

may

Minister's Order. 〈Revised Dec.12,

submission of a guarantee letter.

1996〉

make

him/her

center

omit

the

⑨ When a person who has submitted a guarantee letter intends to extend the period of stay within the scope of guarantee

period,

the

additional

submission of the guarantee letter is not required. Article Exercise

77-2 of

(Procedures the

for

Right

to

Reimbursement) ① Article 90-2 (Liability for Expenses Related

with

the

Removal

The

Minister

of

Justice

the

Minister

of

Justice

makes a notification under Article

of

95-2, section ① of the Decree, he

Unlawfully Employed Foreigners) ①

When

shall affix a Notice of Payment of may

the Amount of Reimbursement to a

impose all or part of the expenses

Notice of Payment. - 228 -

incurred related with the removal of

② The public officials in charge of

a foreigner from Korea on a person who employed the foreigner having no

status

of

stay

eligible

for

employment (hereinafter referred to

the Article 95-2 (Procedures for Exercising the right of indemnity)

exercise

reimbursement

of

the

shall

right record

to the

matters regarding the exercise and

① When he intends to exercise the right

collection

of

the

right

to

register

of

to demand an indemnity under Article 90

reimbursement,

② Where expenses are incurred from

③ or 90-2 ② of the Act, the Minister of

cases on the exercise of the right to

the National Treasury because an

Justice shall, specify the ground, etc. for

reimbursement

unlawful employer fails to pay such

computing

1997.7.1>

expenses imposed under paragraph

indemnity, and give a written notification

①,

may

to the personal reference or the illegal

exercise a right of indemnity against

employer to pay such demand amount for

as an “unlawful employer”).

the

the

Minister

unlawful

of

Justice

employer.

〈Newly

Added Dec.12, 1996〉

the

demand

amount

for

indemnity. ② The personal reference or the illegal employer in receipt of the notification to

Article 91 (Dispatch of Documents, etc.) ①

pay

the

indemnity

amount

under

paragraph ① shall pay the indemnity

Except

as

otherwise

specially

amount within 15 days from the date of

provided in this Act, documents, etc.

receiving

the

shall be delivered personally or sent

notification.
by mail to the person concerned, his/her

family,

guarantor,

or

the

head of the organization to which he belongs. ② If it is deemed impossible to send - 229 -

relevant

in

the


added,

documents,

etc.

pursuant

to

the

provision of paragraph ①, the head of

office,

branch

immigration

detention

keep

documents,

the

office

or

center

shall

etc,

and

provide public notice by posting the reason

for

non-delivery

on

the

bulletin board in the office building. ③ The service by public notice as referred to in paragraph ② shall take effect in 14 days' lapse of time

Article 78 (delegation of right)

after such notice is posted.

① The Minister of Justice delegates his authority to issue the CEVI to

Article 92 (delegation of right) ①

The

delegate

Minister

of

part

his/her

of

Justice

the may

head

of

sub-branch

authority

persons

the

office,

falling

office

or

the

regarding

the

under

any

of

the

among

the

vested under this Act to the head of

following

office, branch office or immigration

authorities under Article 9 of the

detention center under the conditions

Act,

as

provisions of

prescribed

by

the

Presidential

② A mayor (not applicable to the

part

with

the

Article 96, section ①

city(cities) of

his/her

Article 96 (delegation of right)

1997.7.1, 1998.4.1, 2002.4.18.>

① Under Article 92 ① of the Act, the

1. A person who falls under Article

may

Minister of Justice shall delegate his

17, section ①, subsection ① to ③

authority

authorities under Articles 9, 20, 21, 23

and

mayor of a special city(cities) or a delegate

accordance

of the Decree.
Executive Order.

metropolitan

in

sub-sections

- 230 -

who

corresponds

to

such

a

vested under this Act to the head of

through 25, 30 ①, 89, 90 and 90-2 of

status

of

Gu (limited only to the Gu

the Act to the head of the branch office

News

Reporter(C-1)

which is not autonomous) under the

or sub-branch office or the head of the

Short-Term Employment(C-4), 26.

conditions

the

immigration detention center, under the

Visiting & Cohabitation(F-1) status

Order.

conditions as prescribed by the Justice

with a period of stay not more than

Minister's Order.
90

1997.6.28.>

Trainees(D-3) status with a period

the

Presidential

as

prescribed Executive

〈Revised Mar.24, 2005〉

by

② The head of Si (excluding the Special Metropolitan

City

Mayor

and

Metropolitan City Mayors) shall, under Article 92 ② of the Act, delegate his

of

stay

days, stay

as

or

not

6.

Temporary through

12.

more

9.

Industrial

than

2

years

specified in the attached Table 1 of the Decree. 2. A person who falls under Article 17,

authorities under Articles 34 ① and ②,

section

①,

subsection

②

36 and 88 ② of the Act to the head of

corresponds to such a status of stay as

(excluding the head of an autonomous

10.

Gu).
Specific Activities(E-7)․25-3. unskilled

2004.8.17.>

Employment

Culture/Arts(D-1)

and

through

25.

25-4.

Labor

Abroad(E-10)․26.

Visiting

&

Cohabitation(F-1)․27.

Residence(F-2)․

28.Dependant Overseas Others(G-1)

(E-9)․

who

Families(F-3)․ Koreans(F-4) status

in

28-2. or

the

29.

attached

Table 1 of the Decree, within the maximum period of stay for

each

status of stay allowed for one time.
2004> ② The scope that the Minister of Justice delegates his authority under Articles 20, 21, 23 through 25 of the Act, in accordance with Article 96, section ① of the Decree to the head of the office or the sub-branch office shall be the same one as prescribed in the attached Table 6. ③ The Minister of Justice delegates his

authority

section ①

under

Article

30,

and Article 89 of the

Act in accordance with Article 96, section ① of the Decree to the head of

the

office. authority

branch He

office/sub-branch

also

under

delegates Article

90

his and

Article 90, section ① of the Act in accordance with Article 96, section ① of the Decree to the head of the branch

office/sub-branch

office/immigration

detention

center.

④ - 232 -

The

head

of

the

branch

office/sub-branch office shall, when he intends to grant permission under Articles 9, 20, 21, 23 through 25 and 30, section ① of the Act, with respect to a person prohibited from entry, a person restricted from visa issuance under Article 10, subsection ③ and Minister

others of

designated Justice,

by

obtain

the the

approval of the Minister of Justice notwithstanding section

①

the

through

provisions ③.

1994.7.20; 1997.7.1.>

Article

93

(Procedure

for

Travel

between South and North Koreas) ① If a national who resides in the area

south

Demarcation

of Line

the

Military

(hereinafter - 233 -

of


referred to as “South Korea”) or in a foreign country, enters or departs from Korea through the area north of

the

Military

Demarcation

Line

Article

97

(Procedure

Departure

Korea”),

between South and North Koreas)

shall

undergo

an

immigration inspection before he/she

on

Entry

(hereinafter referred to as “North he/she

Inspection

for

or

Travel

① The provisions of Article 1 shall apply

goes to North Korea from South

mutants

Korea, or after he/she comes to

departure inspection of nationals under

South Korea from North Korea.

Article 93 ① of the Act. In this case, an

② With respect to the procedure for travel

of

any

foreigner

mustangs

to

the

entry

or

immigration officer shall confirm the

between

matters concerning Article 22 ① 1, 4 and

South Korea and North Korea, the

5 of the Enforcement Decree of the

provisions of this Act concerning the

Inter-Korea Exchange and Cooperation

procedure for immigration shall be

Act.

applicable mutants mustangs, except

② The provisions of Articles 15 and 35

for the case as separately prescribed

shall apply mutants mustangs to the

by the Minister of Justice.〈Revised

inspection of a foreigner under Article

Dec.29, 2001〉

93 ② and ③ of the Act.

③ In case a foreigner enters or

③ Upon performing an entry or departure

departs from South Korea through

inspection under paragraphs ① and ②,

North Korea, the provisions of this

the Minister of Justice shall consult with

Act

the head of the related agency, such as

concerning

the

procedure

for

the Minister of Unification, etc., if he/she

immigration shall be applied. ④

Matters

necessary

for

the

deems that it is likely to be detrimental - 234 -

enforcement

of

paragraphs

①

to the security or public order of the

through ③ shall be determined by

Republic of Korea, or likely to bring

the Presidential Executive Order.

serious impacts to the relations between South

and

North


Koreas.

2002.4.18.> Article 98 (Immigration Ports) ① Immigration ports shall under subparagraph 5 of Article 2 of the Act, be designated

as


follows:

1994.12.23, 1997.6.28. 2002.4.18.> 1. International airports designated by the

Minister

of

Construction

and

Transportation under subparagraph 5 of Article 2 of the Aviation Act; 2. Places of entry or departure under Article 2 ① 1 and 4 of the Enforcement Decree of the Inter-Korea Exchange and Cooperation Act; 3. Open ports under Article 2 of the Enforcement Decree of the Public Order in Open Ports Act; and 4. Osan Military Airfield, Daegu Military Airfield, Gwangju Military Air- field, Gunsan

Military

Airfield,

- 235 -

and

Seoul

Airport.

Article 79 (Procedures for Entry and

② The City Air Terminal shall be deemed as part of the facilities of an immigration port under subparagraph 6 of Article 2 of the Aviation Act. Article 99 (Keeping Provisional Money

Departure

of

① The procedures for the entry & departure

and

nationality

holder with both Korean

and

Foreign

determined

The procedure for keeping in custody or

Justice.

personal

possessions,

and

articles

Nationality

Holder)

Deposits in Custody) returning the provisional money deposits,

Dual

②

A

stay

nationality by

person

nationalities

of

the who

or

a

dual

shall

be

Minister

of

retains

more

two

shall

be

presented pursuant to the Act and this

regarded as a national of a country

Decree shall be prescribed by the Justice

which issued the passport that he or

Minister's Order, except as provided by

she uses.

the Act or this Decree.

③

A

person

unknown

whose

shall

be

nationality regarded

as

is a

national of a country which issued the passport that he or she uses ④ The record, in respect of a person who has made a registration as a dual nationality holder under Article ①, shall be prepared and kept by the head of the branch office or sub-branch

office.

This

provision

shall apply to the case that a person - 236 -

who lost a Korean nationality has not made a report on the loss of his or her nationality. Article 80 (Standards and Procedures for Record Management) The standards and procedures for management

of

various

types

of

record on the entry & departure and stay

shall

be

determined

by

the

Minister of Justice. Article 81 (Various Types of Report) ① The following measures taken by the

head

of

the

office

shall

be

reported to the Minister of Justice without delay: 1.

the forced removal order, exit

order, or departure recommendation 2.

the detention of a foreigner,

extension of detention period, change of detention place, or cancelation of temporary release from detention 3.

disposition of negligence fine,

disposition - 237 -

of

notification,

or

accusation ② The report under Article ① may be made through the electronic data processing procedures if the Minister of Justice permits(allows). Article 82 (Report of Statistics) ① The following statistics prepared every

month

(every

six

months

under subsection①) by the head of the office shall be reported to the Minister until at least the 10th of the following month. 1.

Bi-annual

issuance

(by

report

on

the

nationality/status

visa of

stay) 2. Monthly report on the number of departure of Koreans/Foreigners (by port of departure) 3. Monthly report on the number of entry of Koreans/Foreigners (by port of entry) 4. Deleted <2006.8.2.> 5. Deleted <2006.8.2.> 6. Deleted <2006.8.2.> - 238 -

7. Deleted <1994.7.20.> 8. Monthly report on the number of entry of foreigners (by

nationality/

status of stay) 9. Monthly report on the number of entry

of

foreigners

(by

nationality/age) 10. Deleted <1994.7.20.> 11. Deleted <1994.7.20> 12. Monthly report on the number of departure

of

foreigners

(by

nationality/period of stay) 13. Monthly report on the number of landing permittees (by nationality) 14. Monthly report on the number of arriving/departing ships and seamen (by nationality) 15. Monthly report on the number of arriving/departing

ships

and

seamen(by port) 16. Monthly report on the number of arriving/departing aircraft and crew members (by nationality) 17. Monthly report on the number of foreigners staying in Korea - 239 -

(by nationality/status of stay) 18. Monthly report on the number of registered foreigners (by nationality /place of stay) 19. Monthly report on the measures of the immigration Act violators (by nationality/measures) 20. Monthly report on the number of dual nationality holders 21. Deleted <1999.2.27.> 22. Monthly report on the number of issuance

of

the

CEVI

(by

nationality/status of stay) ②

The

provisions

of

Article

81,

section ② shall apply to the case of the provisions of section ① above. Article 83 (Immigration Forms) ①

Various

types

of

immigration

forms used in the Act, Decree, and these Rules shall be the same as those in the Appendix. ②

The

head

office/sub-branch

of

the

branch

office/immigration

detention center may prepare and - 240 -

keep the register of various kinds of permissions,

etc.

immigration

related

Article

①,

among forms

according

electronic

data

the under

to

the

processing

procedures. Article 84 (Details, Particulars) The

Details

other

than

those

specified by these Rules shall be determined Justice. Article

100

(Establishment

of

Due

Forms) Due forms for various applications and reports, etc. pursuant to the Act and this Decree shall be prescribed by the Justice Minister's Order.

- 241 -

by

the

Minister

of

Article 101 Deleted. <2002.4.18.>

Immigration Control law

Enforcement Decree

CHAPTER 10. PENAL PROVISIONS Article 93-2 (Penal Provisions) ① Any person who falls under any of the

following

sub-paragraphs

shall

be punished by the penal servitude or

imprisonment

not

exceeding

7

years: 1. As a person who has been detained or temporarily detained under this Act,

he/she

has

damaged

the

facilities or apparatus of detention centers,

or

intimidation

inflicted on

violence

persons

for

or the

purpose of escape, or escaped jointly with two or more persons; 2. As a person being under escorted - 242 -

Enforcement Regulation

for detention or compulsory removal under this Act, he/she has inflicted violence or intimidation on persons, or has escaped jointly with two or more persons; and 3. A person who has been captured or helped to escape those persons detained or temporarily detained or being under escorted for detention or compulsory removal under this Act. ② Any person who falls under any of the

following

who

has

sub-paragraphs, the

and

purpose

of

profit-making shall be punished by the penal servitude or imprisonment not exceeding 7 years, or by a fine not exceeding 50 million Won: 1.

A

person

who

has

made

foreigners who are to undergo entry inspection under the provisions of Article

12-①

country

illegally

or as

② a

enter group,

the or

mediated for it; 2. A person who has provided or arranged

vessels,

etc.

for

the - 243 -

purpose

of

getting

a

group

of

foreigners to enter or depart from the

country

illegally,

or

to

enter

other counties via Korea in violation of the provision of Article 12-2-①; 3. A person who has provided or arranged

any

transportation

means

for the purpose of helping a group of foreigners who had illegally entered the

country

harbor

or

escape

in

Korea in violation of the provision of Article 12-2-②.〈Wholly Amended Mar.24, 2005〉 Article 93-3 (Penal Provisions) Any person falling under any of the following

sub-paragraphs

punished

by

penal

shall

be

servitude

or

imprisonment not exceeding 5 years, or by a fine not exceeding 30 million Won: 〈Revised. March 24, 2005〉 1. A person who has entered Korea without undergoing entry inspection in

violation

of

the

provisions

of

Article 12-① or ②; and - 244 -

2. A person who has committed the offense

specified

subparagraph

of

in

Article

each 93-2-②

(except a person who has committed such

offence

for

profit-making).
2002〉 Article 94 (Penal Provisions) Any person who falls under any of the

following

sub-paragraphs

shall

be punished by penal servitude or imprisonment not exceeding 3 years, or by a fine not exceeding 20 million Won:〈Revised Dec.10, 1993, Dec.12,

1996,

Dec.13,

1997,

Dec.29,2001,

Dec.5, 2002, Mar.24, 2005〉 1. A person who has departed from Korea

without

undergoing

the

departure inspection in violation of the provision of Article 3-①; 2. A person who entered Korea in violation of the provisions of Article 7-① or ④; 2-2.

A

person

who

violated

the - 245 -

provision of Article 12-2, but who does not fall under the provisions of Article 93-2-② or 93-3; 2-3.

A

person

who

violated

the

provision of Article 7-2; 3.

A

person

obtaining

who

landed

permission

without

under

the

provision of Article 14-①; 4.

A

person

conditions

under

who the

violated

the

provision

of

Article 14-③; 5.

A

person

who

violated

the

provisions of Articles 17-①, 18-① and ⑤, and Article 20; 5-2.

A

person

who

violated

the

provision of Article 18-③; 6. A person who mediated or solicited as a business the employment of foreigners who have no eligibility for stay to work in violation of the provision of Article 18-④; 6-2. A person who mediated as a business

the

employment

foreigners

who

fail

to

of obtain

permission to change or add a work - 246 -

place in violation of the provision of Article 21-②; 7.

A

person

who

violated

the

restriction, etc. under the provision of Article 22; 8.

A

person

who

violated

the

provisions of Article 23, 24 or 25; 9. A person who departed from Korea in

violation

of

the

provisions

of

violated

the

Article 28-① or ②; 9-2.

A

person

who

provision of Article 33-2; and 10.

A

person

who

violated

the

provisions of Article 69 or 70. Article 95 (Penal Provisions) Any person who falls under any of the

following

sub-paragraphs

shall

be punished by penal servitude or imprisonment for not more than 1 year, or by a fine not exceeding 10 million Won:
Mar.24, 2005〉 1.

A

person

who

entered

Korea

without undergoing entry inspection - 247 -

in

violation

of

the

provision

of

Article 6-①; 2.

A

person

conditions

who

under

violated

the

the

provision

of

Article 13-②; 3.

A

person

obtaining

who

landed

permission

without

under

the

provisions of Article 15-①, 16-① or 16-2-①; 4.

A

person

who

violated

the

conditions under the provisions of Article 15-②, 16-② or 16-2-②; 5.

A

person

who

violated

the

provisions of Article 18-② or 21①; 6. Deleted 6-2. A person who employed any foreigner

who

fails

to

obtain

permission on the change or addition of work place in violation of the provision of Article 21-②; 7.

A

person

who

violated

the

provision of Article 31; 8. A person who had been detained or temporarily

detained

under

the - 248 -

provisions of Article 51-① or ③, Article 56, or Article 63-①, and has fled or has fled in the process of escort

for

detention

or

forced

removal, etc. (excluding the persons falling under Article 93-2-①-1 or 2); 9.

A

person

conditions

who

under

violated

the

the

provision

of

Article 63-②; and 10.

A

person

recognition

of

who

obtained

refugee

under

the the

provision of Article 76-2-① by a false or other unlawful ways. Article 96 (Penal Provisions) Any person who falls under any of the

following

sub-paragraphs

shall

be punished by a fine not exceeding 10 million Won: 1. A person who violated the order or restrictions under the provision of Article 71 -④; 2.

A

person

who

violated

the

provisions of the latter part of other - 249 -

portions than each subparagraph of Article 73-① and ② without any lawful ground; and 3. A person who failed to submit the written report under the provision of Article 75-① and ② without any lawful ground or submitted it falsely.

〈Newly Added Mar.24, 2005〉 Article 97 (Penal Provisions) Any person who falls under any of the

following

sub-paragraphs

shall

be punished by a fine not exceeding 5 million Won: 1.

A

person

who

persuaded

the

foreigners

who

status

of

arranged

employment do

stay

not

have

eligible

or of the for

employment activities in violation of Article 18-④ (excluding the persons performing it as a business); 2.

A

person

who

arranged

the

employment of foreigners who do not obtain permission for change addition

of

the

working

or place - 250 -

(excluding the persons performing it as a business); 3.

A

person

who

violated

the

violated

the

provision of Article 72; 4.

A

person

who

provisions of Article 74, Article 75④ and ⑤, or Article 76; and 5.

A

person

who

violated

the

provision of Article 76-6-① or an order issued under paragraph ② of the

same

Article.〈Wholly

Revised

Mar.24, 2005〉 Article 98 (Penal Provisions) Any person who falls under any of the

following

sub-paragraphs

shall

be punished by a fine not exceeding 1

million

Won:

〈Revised

Dec.10,

1993〉 1. Deleted 〈Mar.24, 2005〉 1-2. Deleted 〈Mar.24, 2005〉 2.

A

person

who

violated

the

provision of Article 27; and 3.

A

person

who

violates

the

provision of Article 36-①. - 251 -

4. Deleted 〈Dec.10, 1993〉 5. Deleted 〈Dec.10, 1993〉 Article 99 (Person Guilty of Attempt, etc.) ①

A

person

who

makes

inchoate

preparations or conspires to commit a crime falling under Articles 93-2, Article

93-3,

Article

94-1,

-2,

-2-2, and -9 and Article 95-1, or a person who is guilty of an attempt to commit such a crime shall be punished

as

if

he

committed

the

respective principal crimes.
Dec.13, 1997, Dec.5, 2002〉 ② A person who aids or abets acts falling

under

the

provision

of

paragraph ① shall be punished as if s/he

were

principal.〈Wholly

a

Revised Dec.12, 1996〉 Article 99-2 (Exemption of Refugee from Punishment) In cases where a person who falls under

any

of

subparagraph

1

of - 252 -

Article 93-3 and sub-paragraphs 2, 3,

4

and

8

of

Article

94,

or

sub-paragraphs 3 and 4 of Article 95, reports directly to the head of office or branch office, immediately after committing the violation of the articles, the fact that he is a refugee who has entered or landed in person in Korea from a territory where he feared

that

his/her

life,

body

or

physical freedom might have been infringed for the reason as prescribed in

Article

1A②

of

the

Refugee

Convention, and he has committed the offense due to such fear, and if the fact is established, he shall be exempted

from

the

punishment.

〈Revised Dec.5, 2002〉 〈Newly Added Dec.10, 1993〉 Article 99-3 (Joint Penal Provision) If a representative of a legal person, or an agent or an employer or any other employees of the legal person or an individual has committed the - 253 -

violating acts falling under any of the following

sub-paragraphs

in

connection with the affairs of the legal person or the individual, not only

shall

such

an

offender

be

punished accordingly, but the legal person

or

the

individual

shall

be

punished by a fine as prescribed in each of the respective Articles: 1. Act violated

under the provision

of Article 94-2-3; 2. Act violated under the provision of subparagraph 1 of Article 33-2 from among the acts violated under the provisions of sub-paragraph 5-2 and subparagraph 10 of Article 94 or the acts violated

under the provisions of

subparagraph

9-2

of

the

same

Article; 3. Act violated under the provision of subparagraph 6-2 of Article 95; 4. Act violated under the provisions of sub-paragraphs 1 through 3 of Article 96; and 5. Act violated under the provision of - 254 -

subparagraph 4 of Article 97.

〈Newly Added Mar.24, 2005〉

Article 100 (Fine for Negligence) ① Any person who falls under any of the

following

sub-paragraphs

shall

be punished by a fine for negligence not

exceeding

2

million

Won.

〈Revised Mar.24, 2005〉 1.

A

person

who

violated

the

violated

the

CHAPTER Ⅸ FINE FOR NEGLIGENCE

provision of Article 19; 2.

A

person

provisions

who

falling

under

any

of

sub-paragraphs of Article 19-4-① or ②; and

Article

102(Collection

of

Negligence

Article 85 (Procedures for Collection of Negligence Fine)

Fine, etc.) negligence

① If the head of the branch office or

3. A person who has failed to report

fine shall be collected according to

sub-branch office intends to impose

under the provisions of Article 75-

table 2. The head(s) of branch office

a negligence fine, he/she shall make

① or ② due to negligence.

or sub-branch office have(has) the

a notice of disposition of negligence

authority to reduce or increase the

fine, affixing a notice of disposition

fine up to 50% of the original amount

of negligence fine to a notice of

be punished by a fine for negligence

in

payment, and enter the relevant fact

not exceeding 1 million Won:

negligence and the period of violation.

①

② Any person who falls under any of the

following

sub-paragraphs

shall

Under

Article

consideration

100-4,

of

the

- 255 -

details

of

in the

register of

imposition

and

1.

A

person

who

violated

the

provisions of Article 35 or 37; 2.

A

person

who

violated

the

provision of Article 79; and 3. A person who refused or evaded a

② When increasing the negligence fine

receipt of negligence fine.
as stipulated in the above section, the

1997.7.1.>

maximum amount of negligence fine

② If the said person intends to file

cannot exceed the amount stipulated in

an appeal to the head of the branch

Article 100-1 to 100-3.

office or sub-branch office against

demand by an immigration officer to

③

present books or materials under the

collecting

provision of Article 81-②.

decided by the Decree of Ministry of

application form for the imposition

Justice. [wholly Revised,

of negligence fine, along with the

③ Any person who falls under any of the

following

sub-paragraphs

The

detailed negligence

procedures

for

the imposition of

fine

be

he/she

shall

person

who

2008.7.3.]

shall

submit

documents.

an

appeal


1994.7.20, 1997.7.1.>

not exceeding 500,000 Won: A

to

supporting

be punished by a fine for negligence 1.

is

negligence fine,

③ The Enforcement Rules of the

violated

National

the

shall

provision of Article 33-②; and 2. A person who entered or reported

Funds

apply

procedures

Management to

for

the

Act

collection

negligence

fine,

any false fact in various applications

except for one prescribed in these

or reports under the provisions of

rules.

this Act. ④ The fine for negligence as referred to in paragraphs ① through ③ shall be

imposed

and

collected

by

the

head of office or branch office under the conditions as prescribed by the Presidential

〈Revised

Executive

Dec.10,

1993,

Order.

Dec.12, - 256 -

1996〉 ⑤ A person who is dissatisfied with the disposition of fine for negligence as referred to in paragraph ④ may make an objection against the head of office or branch office within 30 days after he is informed of such disposition. 〈Revised Dec.10, 1993,

Dec.12, 1996〉 ⑥ If a person who is subject to a disposition under

of

fine

paragraph

objection

under

④

for

negligence

has

paragraph

made

an

⑤,

the

head of office or branch office shall notify

it

without

delay

to

the

competent court, which shall, upon receiving the notification, bring the case of fine for negligence to a trial under

the

Litigation

Non-Contentious Procedure

Act.

Case

Revised

Dec.10, 1993, Dec.12, 1996〉 ⑦ If no objection is made within the period as referred to in paragraph ⑤ and no fine for negligence is paid, it shall be collected in accordance with - 257 -

the example of disposition of national taxes

in

arrears.
Dec.10,

1993〉

Immigration Control law

Enforcement Decree

Enforcement Regulation

ADDENDA

ADDENDA

ADDENDA <#367, April 1, 1993>

Article 1 (Enforcement Date)

Article 1 (Enforcement Date) - 258 -

Article1(Enforcement Date )

This

Act

shall

starting from Article

2

concerning

enter

into

force

April 1, 1993.

(Transitional the

This Decree shall enter into force starting from April 1, 1993.

Measures

Certificate

of

Eligibility for Visa Issuance, etc.)

This Decree shall enter into force starting from April 1st, 1993.

Article 2 (Abolition of Statutes)

Article

2(Transitional

The rules for designating immigration

regarding the format)

ports shall be repealed.

Despite

① The Certificate of Eligibility for

the

revision

Measures of

this

provision, the Entry/Departure card

Visa Issuance issued at the time of

Article

the enforcement of this Act shall be

regarding Status of Stay, etc.)

former provision can still be used up

considered as that issued under this

① A status of stay specified in a visa, a

until December 31, 1993.

Act.

certificate of eligibility for visa issuance,

② A person who has reported a change

of

work

place

under

the

3

(Transitional

Measures

or a written notice of permission for foreigner’s

entry

issued

provisions

at

under

the

forms

Article

printed

according

3(Transitional

to

the

Measures

regarding Penalty)

previous provision of Article 29 at

previous

of

The sentencing guideline of penalty

the time this Act enters into force

enforcement of this Decree shall be

for any behaviors committed before

shall be considered to have obtained

deemed the status of stay under this

the legislation of this provision is to

permission

Decree not later than the time when it is

be

revised, but the status of stay under the

before.

to

change

and

add

a

working place under this Act.

the

time

applied

in

the

same

way

as

previous provisions shall be revised by Article

3

(Transitional

Measures

concerning Foreigner Registration) the

Si/Gu/Eup/Myeon

head

of

pursuant

to

head

of

sub-branch

① Any foreigner registration made with

the

the office

branch when

office

or

various

permissions relating to the stay are

Article 4(Amendment of Other Laws and Regulations)

the

granted or a residence report certificate

①Amends the followings among the

the

is replaced by a certificate of foreigner

Enforcement Rule on the Regulation

registration for

for Property Registration Number for

previous provisions at the time this

the first time after this - 259 -

Act

enters

into

force

shall

be

considered as made under this Act. ② Any Residence Report Card issued

Decree enters into force.

the

② The period of stay permitted under the

Foreigners.

previous

provisions

at

the

time

of

Association,

“Record

Foundation,

Number

of

and

Residing

pursuant to the previous provisions

enforcement of this Decree shall be

Foreigners" is to be changed into

at the time this Act enters into

deemed the period permitted under this

“Record

force

Decree.

Foreigners" in Article 9-1,

shall

be

considered

as

a

certificate of foreigner registration

“The

Number

Registered

of

Registered

Foreigner

Roster

issued under this Act until the card

Article

Measures

under Article 74 of the Enforcement

is

regarding Validity of Notice of Departure

Regulation and Table 41" is to be

Order)

changed into "Registered Foreigner

returned

Residence

or

renewed,

Report

Card

but

the

issued

pursuant to the previous provisions

4

(Transitional

The written notice of exit order issued

Roster

various

under the previous provisions at the time

Article

permission or reports related to the

of enforcement of this Decree shall be

Regulation”

stay are granted or made for the

valid until the departure period expires.

shall

be

renewed

when

first time after this Act enters into force.

83

the of

foreigner

Table the

68

and

Enforcement

without

residence"

under section 2 of the same article Article

③ Any Foreigner Registration File

"The

under

regarding

5

(Transitional Assigning

Measures

Foreigner

Reg-

is to be changed into "the foreigner without foreigner registration";

"the

prepared pursuant to the previous

istration Numbers, etc.)

record

provisions

Act

① A registration number of a foreigner

foreigner" is to be changed to into

enters into force shall be considered

who has made a residence report under

"the

as a Foreigner Registration File as

the

foreigner"

prescribed by this Act.

enforcement of this Decree

at

the

time

this

previous

provisions

before

the

shall be

"The

number

record

of

number

residential of

Registered

registered

Number

of

residence

in

assigned by the head of the branch office

Foreigners

Measures

or sub-branch office having jurisdiction

Korea"in Article 10 is to be changed

concerning Foreigner Detention, etc.)

over the place of stay when the residence

into

Article

4

(Transitional

- 260 -

"the

with

registered

number

of

① Any foreigner detention place and

a

foreigner with foreigner registration";

registration,

"residence report" is to be changed

previous provisions at the time this

notwithstanding the provisions of Article

into "foreigner registration" in the

Act

40 ②.

same article.

camp

installed enters

pursuant

into

to

force

shall

the be

report

certificate

certificate

of

is

replaced

foreigner

by

considered as a foreigner detention

② The record of a resident foreigner

room and foreigner detention center

prepared under the previous provisions

foreigners

without

as prescribed by this Act.

at the time of enforcement of this Decree

Korea"

Article

shall be deemed a registered foreigner

changed

the previous provisions at the time

record under this Decree.

number

this Act enters into force shall be

③ The certificate of foreigner registration

"Those without residence in Korea"in

considered

prepared and kept on file by the head of

Table 6 is to be changed into "those

a Si/Gu/Eup/Myeon under the previous

without

a

provisions at the time of enforcement of

"residence in Korea" in Article 7 is

and

this Decree shall, if a residence report

to be changed into "place of stay in

revocation of temporary release from

certificate is renewed to a certificate of

Korea."

internment

the

foreigner registration, be replaced when

previous provisions at the time this

it is newly prepared by the head of the

than

Act

branch office or sub-branch office and

regulation or its provision is cited, if

forward it to the head of a Si/Gun/Gu.

there

② Any internment as prescribed by

as

an

detention

as

prescribed by this Act. ③

Any

internment

recommendation

enters

for

made into

order,

departure

pursuant force

to shall

be

considered as a detention order, exit order and revocation of temporary

registration in

into

number

of

residence

in

11

is

"the

foreigner

to

be

registration

registration";

②When in any legal decree other section is

any

1,

the

enforcement

relevant

provision

among the regulation, new provision Article

release from detention.

“The

6

(Transitional

Measures

is to prevail replacing the old one.

regarding Written Request for Internment) Article

5

(Transitional

Measures

A written request for confinement, notice

concerning Penal Provisions)

of confinement, notice of extending the

In applying the penal provisions to

confinement period, written request for - 261 -

ADDENDA <#386, July 20, 1994> Article

1(Enforcement

Date)

This

any act committed before this Act

cancelling the confinement, notice of

regulation

enters

cancelling

starting

into

force,

the

previous

the

confinement,

written

shall from

enter the

day

into

force

of

public

provisions shall prevail, but if the

request for temporary cancellation of

penal provisions as prescribed by

confinement,

this Act are lighter than those as

decision on temporary cancellation of

Article 2 (Transitional Measures on

prescribed by the former Act, the

confinement, that have been issued under

the Effect of the Certificate of Visa

provisions

the previous provisions at the time of

Issuance, etc.)

of

this

Act

shall

be

applied.

and

written

notice

announcement.

of

enforcement of this Decree shall be

① The Certificate of Visa Issuance,

deemed the written request for detention,

issued by the previously before the

Article 6 (Revision of Other Acts)

notice of detention, notice of extending

Regulation came into effect, shall be

① through ③ Omitted.

the detention period, written request for

④ In case where the provisions of

cancelling

the

of

②

The

record

of

crew

the

former

departure/entry

than

for cancellation of temporary detention,

regulation(s) is to be continuously

paragraphs ① through ③, if this Act

and

valid

includes the provisions corresponding

cancellation

to

respectively, under this Decree.

the

other

cited

Acts

Act

notice

cancelling the detention, written request

in

Control

detention,

are

cited

Immigration

the

valued until expiry.

other

provisions,

the

written

notice of

of

decision

temporary

on

detention,

until

Article 7 (Revision of Other Acts and

cited

Subordinate Statutes)

in

lieu

of

the

previous

provisions.

the

record

of

crew

registration under this regulation. ADDENDA

corresponding provisions of this Act shall be considered to have been

under

(Regulation on How to Process the Prohibition of Departure

① through ⑤ Omitted.

<#408, July 10, 1995>

⑥ Where the Enforcement Decree of the ADDENDA ① (Enforcement Date) This Act shall

Immigration Control Act or its provisions

①

(Enforcement

are cited in other Acts than paragraphs

Regulation

① through ⑤, and where there are

starting

- 262 -

shall

from

Date) enter

the

date

This

into

force

of

public

enter into force on July 1, 1994. ②

(Transitional

Measures)

corresponding provisions in this Decree, In

the

corresponding

provisions

in

this

announcement. ②

(Revision

applying the penal provisions to any

Decree shall be deemed to have been cited

Regulations)

act committed before this Act enters

in lieu of the previous provisions.

The

into force, the previous provisions ③ Omitted.

Article 1 (Enforcement Date) This Act shall enter into force on January 1, 1995.

Form

14301, Jun. 30, 1994>

enter into force on July 1, 1994. ②

(Transitional

Measures

regarding

an eligibility to no visa entry (B-2) under the previous pro- visions at the time of deemed

to

have

been

permitted

(B-2) under this Decree.

enter into force on July 1, 1997. ② (Examples of Application as to Landing

Permits

Issued to Crew)

be

Enforcement

Immigration

Control

54

are

to

be

respectively

① (Enforcement Date) This Decree shall

an

eligibility to sightseeing or transit entry ① (Enforcement Date) This Act shall

the

to

deleted.

enforcement of this Decree shall be ADDENDA

is(are)

and

Form 8 or Form 12 and Form 51 or

status of stay) A person who has obtained

Articles 2 through 4 Omitted.

of

of

Laws

Act.


out

Regulation

ADDENDA

Other

following(s)

revised

shall apply.

of

ADDENDA <#417, December 1,1995> Article

1(Enforcement

Date)

This

Decree shall enter into force starting from

the

day

of

public

announcement. Article

2(Transitional

Measures

on

form, etc.) ①The

entry/departure

form

made

under the former regulations shall be ADDENDA

The amended provisions of Article


14 ④ shall apply to landing permits

14447, Dec. 23, 1994> - 263 -

valid up until December 31, 1995 despite the legislation of the new regulation. ②

The

certificate

of

foreigner

which are issued to a member of

registration made under the former

the crew for the first time after this

Article 1 (Enforcement Date)

regulation shall be regarded as valid

Act enters into force.

This Decree shall enter into force on the

up until its submission or renewal.

③

(Transitional

Measures

as

to

Permission on Extension of period of

date of its promulgation. (Omitted.) Articles 2 through 5 Omitted.

Article 3 (Transitional Measures on

stay) At the time this Act enters

penalty)

into force, a person whose period of stay

was

extended

in

the

acts

under

the

former reuglation, the application of

ADDENDA

accordance

For

the

with the previous provisions of this


Act shall be deemed to have been

14486, Dec. 31, 1994>

sentencing

penalty

guideline

on

the

shall be according to the

former regulations.

given an extended period of stay under

the

amended

provisions

of

Article 25.

This Decree shall enter into force on

ADDENDA

after

the

date

of

its

promulgation.

ADDENDA

This Act shall enter into force on

(Enforcement

regulation



starting

shall from

Date) enter

the

day

This

into

force

of

public

announcement. ②(Transitional

Measures

on

the

① (Enforcement Date) This Decree shall

Certificate of foreigner Registration)

enter into force on the date of its

The

promulgation.

registration

② (Transitional

March 1, 1999.

①

ADDENDA

This Act shall enter into force three months

ADDENDA <#448, July1, 1997>

January 1, 1995.

Measures

regarding

certificate

regulations

issued is

of

foreigner

under

regarded

former as

valid

status of stay) The status of specific

under the current regulation up until

employment (E-7) obtained under the

its submission or renewal.

- 264 -

previous ADDENDA

This Act shall enter into force three months

after

the

date

of

provisions

at

the

time

of

③(Transitional Measures on forms)

enforcement of this Decree shall be

The

deemed the status of specific activity

made under former regulations can

(E-7) under this Decree, until the status

be

of stay eligibility is revised.

December

entry/departure-related continuously 31,

used 1997

forms

up

until

despite

the

revision of regulation.

its

promulgation.

ADDENDA ADDENDA <#456, April 1,1998>


ADDENDA

15417, Jun. 28, 1997> This

Regulation

shall

enter

into

This Act shall enter into force three

① (Enforcement Date) This Decree shall

force starting from the day of public

months

enter into force on July 1, 1997.

announcement.

after

the

date

of

its

② (Transitional

promulgation.

Measures

regarding

status of stay) The status of stay for ADDENDA This Act shall enter into force on the date of its promulgation.

ADDENDA <#471, Feb.27, 1999>

business purpose (D-7) granted under the previous

provisions

at

the

time

of

①(Enforcement Regulation

deemed the status of

starting from March 1st, 1999.

into

force

②(Transitional Measures n Form)

Decree.

The ADDENDA

enter

This

enforcement of this Decree shall be stay under this

shall

Date)

ADDENDA

① (Enforcement Date) This Act shall


enter into force six months after the

15764, Apr. 1, 1998> - 265 -

entry/departure-related

form

made under former regulations can be

continuously

December

31,

used 1999

up

until

despite

the

revision of this Regulation.

date of its promulgation; Provided, That

the

amended

provisions

① (Enforcement Date) This Decree shall

the

seaman's

enter into force on the date of its

concerning identification

papers

and

the

promulgation.

exclusion of passport function of the

② (Application Example to Permission for

seaman's

among

Change of status of stay) The amendment

subparagraph 4 of Article 2, Articles

to Article 24-5 ① shall apply to industrial

3, 5, 6, 7 ①, 12 ③ 1, 12-2 ①,

trainees entering the country after the entry

12-3, 14, 27 ①, 28 ①, 73 ① 2

into force of this Decree.

and 75 ④ shall enter into force on

③ (Transitional

June 1, 2005.

Permission on Extension of period of stay)

②

pocketbook

(Transitional

Seaman's

from

Measures

Identification

Notwithstanding provisions identification

on

Papers)

Measures

govern

force of this Decree shall be governed by

the

native

seamen

already departed from the country

①

from

(Enforcement

starting

the country as

the previous provisions.

amended provisions of the exclusion

shall

shall

come

into

December

3,

1999.

to those who entered

seaman's

pocketbook, the previous provisions

starting

Regulation

concerning

of passport function of the seaman's

force

Permission on extension of period of stay industrial trainees before the entry into

the

Regulation

regarding

amended and

This

ADDENDA <#517, April 27, 2002>

the papers

ADDENDA <#489, December 2, 1999>

shall

from

Date) come

the

day

This

into

force

of

public

announcement. ②

(Transitional

Measures

on

the

Change of the Status of Stay) Those who were not granted the

ADDENDA

change of status into the permanent residence(F-5),

although

they


belong to the residence(F-2) among

16120, Feb. 26, 1999>

the statuses of stays according to

and the foreign seamen entered the

the former regulation, are, up until

country at the time of enforcement

This Decree shall enter into force on

they

of this Act.

March 1, 1999.

residence(F-2),

were

granted

of

subject

permanent to

the

former regulation with regard to the - 266 -

ADDENDA

ADDENDA Article 1 (Enforcement Date) This Act shall enter into force on July 1, 1994.

Article 1 (Enforcement Date)

Article 2 (Transitional Measures) In applying the penal provisions to any act committed before this Act enters

This Decree shall enter into force on the date of its promulgation. Articles 2 through 4 Omitted.

into force, the previous provisions shall apply.

ADDENDA This Decree shall enter into force on

Article 1 (Enforcement Date)

December 3, 1999.

This Act shall enter into force on January 1, 1995. Articles 2 through 4 Omitted.

ADDENDA

employment-purpose

and for

single

re-entry permit.

ADDENDA <538, Sep.24, 2003> ①(Enforcement Date) This Regulation shall come into force starting from ②(Application) The revised rule in Table 5 is to be applied to the first applicant for visa after the revision of this Regulation. ③(Transitional Measures on Penalty) For any acts committed before this Regulation

come

into

force,

the

be applied according to the older Regulation.

17305, Jul. 16, 2001> Article 1 (Enforcement Date)

① (Enforcement Date) This Act shall

study,

sentencing guideline for penalty shall


stay,

the day of public announcement. ADDENDA

③ Omitted.

maximum period of each status of

This Decree shall enter into force on July - 267 -

ADDENDA <#543, December 2, 2003>

enter into force on July 1, 1997.

17, 2001.

This

② (Examples of Application as to Landing

Permits

Issued to Crew)

Regulation

shall

come

into

force starting from December 29, Articles 2 through 4 Omitted.

2003.

The amended provisions of Article 14 ④ shall apply to landing permits the crew for the first time after this


Act enters into force. ③

(Transitional

Measures

as

to

stay) At the time this Act enters into force, a person whose period of was

extended

This

17579, Apr. 18, 2002>

Permission on Extension of period of

stay

ADDENDA <#557, August 23, 2004>

ADDENDA

which are issued to a member of

in

Regulation

shall

come

into

force starting from the very day of public announcement.

Article 1 (Enforcement Date) This Decree shall enter into force on the date of its promulgation.

ADDENDA <#571, July 8, 2005>

accordance

with the previous provisions of this

Article

Act shall be deemed to have been

Requirement,

given an extended period of stay

ployment)

This

under

① Amended provisions of Article 24-5 ①

force starting from September 25,

shall apply from the industrial trainees who

2005.

first enter the Republic of Korea after the

The revised regulation on the

enforcement of this Decree.

"seaman's

② Not later than the time when the Minister

in

of Labor determines pursuant to the

Article 1 and the revised regulation

This Act shall enter into force three

amended provisions of Articles 24-5 ①

on the seaman's book that it shall

months

3 and 24-6 ④ the requirement, etc. for

no

the training employment in consultation

longer replace a passport, will come

the

amended

provisions

of

Article 25.

ADDENDA

after

promulgation.

the

date

of

its

2

(Application etc.

for

- 268 -

Example Training

to

Em-

①(Enforcement Date) Regulation

shall

identification

come

into

certificate"

ADDENDA

with the head of a competent central

into force immediately upon the day

administrative

of public announcement.

agency,

it

shall

be

governed by what the head of a competent

This Act shall enter into force on

central administrative agency determines

With

pursuant to the previous provisions.

guideline

Article

date

(Transitional

Measures

for

of

its

promulgation.

of Visit & Cohabitation (F-1) from among the status of stay under the previous

any

acts

committed

enforcement

Regulation,

the

former

of

this

Regulation

ADDENDA <#593, August 2, 2006>

provisions at the time of enforcement of this Decree, and spouse of a person

This

corresponding to the status of Permanent

force.

This Act shall enter into force three

status of Residence (F-2) under this

months

Decree, but the status of stay under the

date

sentencing

shall prevail.

Residence (F-2), shall be changed into the the

the

the

Regulation

shall

come

into

Residence (F-5) who has a status of

ADDENDA

after

for

to

① Spouse of a national who has a status

This Act shall enter into force three the

3

Status of Stay, etc.)

ADDENDA

after

regard

before

March 1, 1999.

months

②(Transitional Measure on Penalty)

of

its

previous provisions shall be revised by

promulgation.

the ADDENDA

head

of

the

branch

office

or

sub-branch office when receiving a permit as to various stays for the first time after enforcement of this Decree, or receiving

This Act shall enter into force on

a re-issuance of a certificate of foreigner

the date of its promulgation.

registration, or when

the principal or a

- 269 -

ADDENDA <#609, March 5, 2007> Article

1(Enforcement

Regulation

shall

come

Date)

This

into

force

starting from the very day of public announcement. Article 2.(Transitional Measures on the stay)

extension

of

the

period

of

person liable for applying for permits ADDENDA ① (Enforcement Date) This Act shall enter into force six months after the date of its promulgation; Provided, That

the

amended

provisions

the

seaman's

concerning identification

papers

and

the

exclusion of passport function of the seaman's

pocketbook

from

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

Seaman's

Measures

Identification

Notwithstanding provisions identification

on

Papers)

the

amended

concerning

seaman's

papers

and

the

amended provisions of the exclusion of passport function of the seaman's pocketbook, the previous provisions shall

govern

the

native

seamen

① The period of stay shall be the

under Article 79 of the Act files an

period

application.

Employment(H-2)

② The head of the branch office or

are

sub-branch office may change into a

enforcement

status of Permanent Residence (F-5) for

especially for

the person corresponding to a status of

Article 19-1 under the former ｢

Permanent Residence (F-5) from among

Enforcement Decree for the Act on

those who have a status of Residence

the Equality of Foreign Workers｣

(F-2) under the previous provisions at the

and those who belong to Section Na

enforcement of this Decree for whom 5

of

years elapsed from the date of acquiring

former Table 1.

such status as of the Enforcement Date

②

of

stay

already

Visit

in

of

for

Korea

of

&

Visitation

this

and

those

who

before

the

Regulation,

those who belong to

Cohabitation(F-1)

of

When granting the extension of

of this Decree, upon request of the

the period of stay, Article 37-2 of

principal or a person liable for applying

the

for permits under Article 79 of the Act.

applied, but only within three years

③ A person who has a status of Residence

of the visa issuance, for those who

(F-2) from among the status of stay under

belong

the

former "the Enforcement Decree of

previous

provisions

at

the

revised

to

Regulation

Article

is

19-1

to

of

be

the

enforcement of this Decree, who has failed

the

to obtain a change of the status of stay

Foreign Workers, etc" and those who

into a status of Permanent Residence (F-5)

belong to Section Na of Table 1

under this Decree, shall be exempted from

Visitation

the restriction on his activities pursuant

under the former Decree, among the

to classifications of the status of sojourn

people who have been staying in

- 270 -

Act

on

the

and

Employment

of

Cohabitation(F-1)

already departed from the country

under the previous provisions, not later

Korea

and the foreign seamen entered the

than the date of obtaining a permit for a

enforcement of this Regulation.

country at the time of enforcement

change of status of stay into Permanent

of this Act.

Residence (F-5).

Article

by

entrance

3(Exemption

before

of

the

Processing

Fee)

ADDENDA

When



a

Article

person, 19-1

who of

belong

the

to

former

"Enforcement Decree of the Act on the Employment of Foreign Workers,

This Decree shall enter into force on the

etc." and Section Na of Visitation and Cohabitation(F-1) of Table 1,

date of its promulgation.

applies ADDENDA


Executive

Order No. 18097, Sep. 1, 2003>

for

a

Employment

Visitation

and

visa(H-2),

the

processing fee is to be exempted.

① (Enforcement Date) This Decree shall enter into force on the date of its promulgation. ② (Special Cases regarding Extension of period of stay for Training Employees and Industrial Trainees) Notwithstanding the amended provisions of Article 24-6, the Minister of Justice may grant permission on the extension of period of stay up to August 31, 2005 to the persons who stay - 271 -

ADDENDA <#613, June 1, 2007> Article

1(Enforcement

Regulation

shall

Date)

This

into

force

come

starting from the very day of public announcement. But the revised provision(s), in Section Table

12

and and

Section

25-2

Training

of and

with the status of employment for training

Employment(E-8)

in

Table

6,

(E-8) and the industrial trainees who have

is(are) to come into force starting

failed to obtain permission for a change

from Oct.1st, 2010.

of status of stay to the status of employment for training (E-8) since they

Article2

(Transitional

Measures

on

entered the Republic of Korea prior to

Penalty)

When

April 27, 2002, at the time of the entry

sentencing

guideline

into force of this Decree, within the limit

for the acts committed before the

of not exceeding the domestic period of

enforcement of this Regulation, the

stay of five years in total.

former

③ (Transitional Measures regarding Fine

guideline is to be used.

applying for

Regulation's

the

penalties

sentencing

for Negligence) In applying the standards for imposition of fine for negligence to any offense

commit-

ted

prior

to

the

ADDENDA

enforcement of this Decree, the previous provisions shall prevail.

ADDENDA This Decree shall enter into force on December 29, 2003.

This

Regulation

force

starting

shall from

come

into

January

1st,

2008.

ADDENDA <#642, July 3,2008> This Decree shall come into force starting from the very day of public announcement. Starting from September 1st, 2008,

- 272 -

the following revised provisions shall

ADDENDA

come into force;


-Sub-section

18-2

in

Article

9-1-2

18312, Mar. 17, 2004>

regarding the qualification for the This Decree shall enter into force on the

stay and sub-section 6 of the same article,

date of its promulgation.

-Sub-section

28-3

in

Article

17-2-2 regarding the qualification

ADDENDA

for

stay

of


residency(F-5),

18520, Aug. 17, 2004>

-Article 49-2-3,

the

permanent

-Section 18-2 in Table 1 ① (Enforcement Date) This Decree shall enter into force on August 17, 2004. ②

(Transitional

Measures

regarding

Recognition of Activities Other than status of stay of Persons Falling under Visit cohabitation status of stay) The persons engaged in activities other than status of stay as referred to in the provisions of previous Article 23 ② 1 at the time of enforcement of this Decree may take employment not later than the period for activities

other

than

status

- 273 -

of

stay

-Section of Job-seeking(D-10) in Table 5 -Permanent Residency(F-5) in Table 5 -Job-seeking(D-10) in Table 5-2 & -Job-seeking(D-10) in Table 6

recognized as referred to in the previous provisions

and

procedures,

notwithstanding the amended provisions of Article 23 ②, and persons intending to take employment continuously after the expiration of the recognized period for activities other than the status of stay shall obtain a modified permission for status of stay to the unskilled employment (E-9) pursuant to Article 12 ⑤ of the Act on the Employment, etc. of foreign workers. ③

(Transitional

Measures

regarding

Recommendation of Industrial Training, etc.) The amended provisions of Article 24-2 ③ and ④ shall not

apply to the

industry employing the foreign workers as referred to in Article 2 ① and ② of the Addenda to the Act on the Employment, etc. of foreign workers not later than the expiration of the period of the permit of stay of relevant foreign workers. ④ (Amendments of other Decrees) The Enforcement Decree on the Act on the Employment of Foreign Workers, etc. is to be amended as follows; - 274 -

Section 5 of Article 3 is to be changed into Section 6 of the same Article and Section 5 is to be newly inserted as follows; 5. Each item of Section 1 of Article 24-3 under

the

Enforcement

Decree

of

Immigration Control Act

ADDENDA <#18934, July 5, 2005> ①

(Enforcement

shall

come

into

Date) force

This

Decree

starting

from

Sep.25, 2005. Among Article 1-1,1-3,1-4,1-7 and 1-8; Article 6-1; Article 18-2; and section

2-1

of

revised

provisions

Article on

the

88-2,

the

crewman's

identification; the seaman's book that it shall no longer replace a passport; and on Article 24-2 shall come into force immediately upon the day

of public

announcement.

ADDENDA <#19657, August 24, - 275 -

2006> ①

(Enforcement

Enforcement

shall

Date) come

This

into

immediately upon the day

force

of public

announcement. ②

(Provisional

Negligence

Measures

Fee)

When

for

applying

the

sentencing guideline for negligence fee for

any acts perpetrated before

effective

day

of

this

Decree,

the older

sentencing guideline shall be applied.

ADDENDA <#19904, February 28, 2007> Article

1(Enforcement

Date)

This

Decree shall come into force starting from March 4, 2007. ②(Provisional Fee)

When

Measures for Negligence applying

the

sentencing

guideline for negligence fee for any acts perpetrated before the effective day of this Decree, older sentencing guideline shall be applied. - 276 -

Article

2(Provisional

Measures

for

Visa Issuance and the Application for the Certificate of Visa Issuance) For those applicants who were not issued visa before the enforcement date of this Decree, although they might belong

to

Na.

Visitation

&

Cohabitation(F-1) of Status of Stay 26 in Table 1 under the former Decree, the

visa

Visitation

shall &

be

granted

under

Employment(H-2)

of

Status of Stay 31 in Table 1. Article 3(Provisional Measures for the Status of Stay and the Permission for the Period of Stay) ①

The status of stay for those who

are subject to Article 19-1 in the former

｢Enforcement

Decree

of

the

Employment Act for Foreign Workers｣ and for those who are staying according to

Section

Na.

Visitation

and

Cohabitation in Status of Stay 26 in former Table 1 - 277 -

shall

be

regarded

as

Visitation

and

Employment (H-2) in Status of Stay 31 in Table 1. But when the first permit

is

to

be

granted

for

the

extension of the period for stay after the enforcement of this Decree, head(s) of

immigration

branch

(sub-branch)

office(s) shall grant the change of the status of stay according to the revised provision

for

Visitation

and

Employment(H-2), Status of Stay 31 of Table 1. ②For those who came to Korea

with

the visa belonging to Section Na. for Visitation and Cohabitation(F-1), Status of Stay 26 in the former Table 1 before the enforcement of this Decree, the head(s) of immigration branch(subbranch) office(s) shall grant the change of the status of stay according to the revised

provision

for

Visitation

and

Employment(H-2), Status of Stay 31 of Table 1. Article4(Amendments of Other Decrees) - 278 -

Some parts of the Enforcement Decree for the Act on the Entry/Departure of Overseas Korean Compatriots and their Status are to be changed as follows; Section 3 of Article 5-2 is to be changed

as

Section

4

of

the

same

Article and Section 3 is to be newly inserted as follows; 3. Deliberations according to Section 8 of Article 23 in ｢Enforcement Decree of Immigration Control Act｣ ☆Table

1.

Qualifications

for

the

Foreigners' Stay [Related with Article 12] ☆Table

2.

Negligence 102-3]

Sentencing Fee[Related

Guideline with

for

Article



ADDENDA <#20076, June 1, 2007> Article 1(Enforcement Date) This Decree shall come into force starting from the very day of public announcement. The revised provisions in section 1 and - 279 -

2 of Article 23 and section 27 out of Table 1 are to be enforced starting from January 1, 2008. The following revised provisions are to be implemented starting from Oct. 1, 2010; -section 1 of Article 23 (limited only to

Article

23-1,

Training

and

Employment(E-8)); -section 1-4 of Article 24-2, Section 6 and 7 of Article 24-4, and Article 24-5 through Article 24-7; -and Article 25-2 in Table 1 Article

2

Striking

(Provisional the

Measures

for

Group-recommendation

type Industrial Training System) ① Those who have inbound crewman's status(E-10) under former regulation about the time of the enforcement of this Decree(i.e. about the time of public announcement)

shall

be

regarded

as

having the status of stay as Crewman's Employment(E-10). ②

Those

who

have - 280 -

Training

and

Employment(E-9) status as a (foreign) national

of

countries

the

designated

sending

under Section 3 of Article 3

of "Enforcement Decree on the Act on the Employment of Foreign Workers, etc." as of June 1st, 2007, shall be regarded

as

having

unskilled

employment(E-9) status. ③ Those who are working with the status

of

Training

and

Employment(E-8) visa in a vessel of 20 tons or more, which is subject to The Act on the Crew, about the time when this Decree is enforced(i.e. the time of public announcement) shall be regarded as having

the

status

of

stay

as

Crew

Employment(E-10) under this Decree up

until

the

moment

of

valid

stay

regardless of the origin of the sending state under the Enforcement Decree on the Act on the Employment of Foreign Workers, etc. ④ When a person, who stays in Korea with the status of Industrial Training - 281 -

visa(D-3) according to section 2 of Article 24-4 about June 1st, 2007 or who stays in Korea after June 1st, 2007 with the same status, applies for the change of status of stay according Decree,

to

the

the

procedures

head(s)

Branch/sub-branch change

it

of

of

this

Immigration

office(s) into

shall Unskilled

Employment(E-9) when he/she belongs to the nationals of the sending countries under

Section

3,

Article3

of

"the

Enforcement Decree of the Act on the Employment of Foreign Workers, etc." But

it

shall

be

noted

industrial

trainees

National

Federation

that

those

recommended of

by

Fisheries

Cooperatives, one of the recommending organizations,

under

former

Section

1-4,Article 24-2,shall be limited to those working in vessels lighter than 20 ton, which is not subject to the Act on the Crew, or those working in fishing farming. ⑤ When a person, who stays in Korea - 282 -

with the status of Industrial Training visa(D-3) according to section 2 of Article 24-4 after

the

or who stays in Korea enforcement

of

this

Decree(i.e. public announcement) with the same status, applies for the change of status of stay according Decree,

to the

the

procedures

head(s)

Branch/sub-branch

of

of

this

Immigration

office(s)

shall

change it into Crew Employment(E-10) when he/she belongs to the nationals of the sending countries under Section 3, Article3 of "the Enforcement Decree of the Act on the Employment of Foreign Workers, etc." But it shall be noted that

those

industrial

trainees

recommended by National Federation of Fisheries

Cooperatives,

recommending

one

organizations,

of

the under

former Section 1-4,Article 24-2,shall be limited to those working in vessels heavier than 20 tons, which is subject to the Act on the Crew.

- 283 -

Article 3(Provisional Measures for the Permit to Stay) ①

Application

various

kinds

for

the

permits

made

before

of the

enforcement of this Decree shall be regarded as applied according to this Decree. ②

When a person subject to section

1 or 2 of Article 2 of the Addendum, applies for the permits of various kinds, his or her status of stay written on the passport

and

certificate

of

alien

registration is to be corrected to the changed status of stay by the head(s) of the immigration branch/sub-branch office(s).

ADDENDA (Enforcement Decree of Foreign Trade Act) <#20257, Sep.10, 2007> Article

1(Enforcement

Date)

This

Decree shall come into force from the very day of public announcement. - 284 -

Article 2. Deleted Article

3(Revisions

of

other

Laws,

Decrees, and Regulations) section ①~⑤

deleted

⑥Parts of the Enforcement Decree for Immigration

Control

Act

are

to

be

revised as follows; "according to the provisions in section 1,

Article 22"

out

of

section

1-3,

Article 24-2, is to be changed into " section 1, Article 32." section ⑦~ ⑨ deleted Article 4. Deleted

ADDENDA <#20456, Dec.20, 2007> This Decree is to be effective from the very day of public announcement. It shall be noted, however, that the revised Visitation

provisions and

in

section

Ga(1),

Employment(H-2)

in

Table 1-31, shall be applied starting from Jan. 1, 2008.

- 285 -

ADDENDA <#20749,2008.3.21> This

Decree

shall

come

into

force

starting from March 22, 2008.

ADDENDA <#20892, July 3, 2008> This

order

immediately

is

to

upon

be

public

effective notification.

The only exceptions are job-seeking visa(D-10) in item 18-2 on and

item

residence(F-5)

C

on

and

they

residence permanent are

effective as of September 1, 2008.

- 286 -

to