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IMMIGRATION CONTROL LAW & Relevant Rules.

Immigration Control Law Enforcement Decree Enforcement Regulation

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 stay of
foreigners in Korea, and the
procedures for 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.

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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" means a
passport or a refugee travel
document issued by the 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

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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 an
ambassador, 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, cars, or
other transportation means which
carry people or things 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

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the carrier.
11. The term "immigration detention
room" means a facility built to
detain foreigners under this 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 Enforcement Regulation

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CHAPTER 2 DEPARTURE AND CHAPTER Ⅰ CHAPTER 1. DEPARTURE AND
ENTRY OF NATIONALS ENTRY OF NATIONALS

Article 3 (Departure of a National) Article 1 (Departure and Entry Article 1 (Departure and Entry
① When a national intends to depart Inspection) Inspection)
from Korea (hereinafter referred to 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 a
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 referred to as a
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 referred to as the
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 Immigration Act (hereinafter
allowed to depart from Korea after pocketbook (hereinafter referred to as referred to as the "Decree") or
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.<Revised, 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 himself/herself, or his(her) passport
as the 'office head' or the head of entry inspection as provided in paragraph is forged or altered, or his(her)
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, 2005.7.8>
〈Revised Mar.24, 2005〉 ③ When having finished the departure or

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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. <Revised, 1995.12.1, and departure card (hereinafter
1998.4.1, 2005.7.5> referred to as an E/D card) under
④ If a national who is a crewman of a 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 person cannot do so due to
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 a branch officer shall verify
notwithstanding the provisions of whether or not there are some
paragraphs ① and ③: provided that this errors or any other incomplete things
shall not apply to the case of the first in the E/D card submitted under
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 <Revised, 1994.6.30, 1995.12.5, correct them. In this case, the blank
prohibit a national who falls under 2005.7.5> for Official Use Only shall be filled
any of the following sub-paragraphs ⑤ A national who is a crewman of the out by the branch officer. <Revised,

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from departing from Korea:〈Revised ship, etc. shall, where leaving the Apr. 20, 1994>
Dec.29.2001〉 Republic of Korea for the first time, file ④ The submission of an E/D card
1. A person whose departure is 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
2. A person who is pending in a irregularly. <Revised, 1994.6.30, case, the branch officer shall
criminal trial; 1997.6.28> electronically process the entry and
3. A person whose penal servitude or ⑥According to Article 70 of the departure records without delay and
imprisonment penalty has not yet Military Service Act, a Korean store therein. <Newly Added
been completed; national who is subject to the 2005.7.8>
4. A person who has been delinquent mandatory military duty shall submit
in paying ㅁ fine or additional charge the certification that the permit of Article 3 (Management of Entry and
not less than the amount as overseas travel was Departure Card)
prescribed in the Justice Minister's granted(inclusive of the extension ① The head of the branch office
Order; of such a period). <revised, 2005.7.5, (hereinafter referred to as the ‘office
5. A person who has unjustifiably 2008.7.3> head' or the head of its sub-branch
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 Immigration authorities shall
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
6. Other persons similar to those 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 network designated by
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 to as the "head of the

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Minister's Order as there existㄴ fact of his/her departure, etc. <Revised, information network management
some concerns about undermining 2005.7.5> office"). <Revised, 2005.7.8.>
the national interest, the public ⑨ When he has verified that the person ② The head of the information
safety, or the economic stability of is a national as a result of an examination network management office shall
Korea. under paragraph ⑧, an immigration electronically process the E/D cards
② In conducting the departure officer shall stamp his arrival or departure under section ①, collect them in the
inspection, an immigration officer card with an entry inspection seal. information record storage, etc. and
shall not allow a person whose ⑩ The required submission of manage therein <Revised, 2005.7.8.>
departure is prohibited under entry/departure card can be cancelled ③ The head of the information
paragraph ① to depart from Korea. despite the provisions in Articles 1,3,4, network management office shall
and 9, only when it is possible for an make up a list of persons who enter
Article 4-2(Extension of the Period immigration officer to collect individual and depart from Korea with respect
for the prohibition of departure) entry/departure records via the means to the results of electronic data
① When there is the continued need 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 <Revised, 2005.7.8.>
Minister of Justice, he can take the Justice.<Newly Added, July 5, 2005>
proper and necessary measures to Article 4 (Registration of a Crew
extend the period for the prohibition member, etc.)
of departure. ① A crew member (excluding a crew
② When the head(s) of agency member on board the vessel, etc.
(agencies) requesting for the which runs irregularly) shall submit a
prohibition of departure according to passport, a crew registration report
Article 4-2 finds the needs to along with one photograph and a
continuously extend the prohibition certificate of employment to the

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of departure after the initially branch officer if he or she intends to
determined period, he/she shall file a crew registration card under
request the continuous extension of the provisions of Article 1, section
the period for the prohibition of ⑤ of the Decree. <Revised,
departure, three days before the 2005.7.8>
expiry of the initial period of the ② a branch officer shall grant a
prohibition of extension, registration number after verifying
③ Other issues related with the 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 by the Presidential card to the crew member if he or
Executive Decree. she receives a crew registration
[Newly Added, Dec.21, 2007] report submitted under section
①.<Revised. 1994.7.20.>

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 a departure immediately to the head of
of Departure) Military Manpower
Administration.<wholly revised July 3,

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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 central
government or the head(s) of the
relevant agency(agencies), 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), or Gu(district) with
regard to the relevant works, the
request for such a prohibition of
departure is to be made by the mayors

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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 Period for the Prohibition of departure)
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 departure according to Article
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, he shall take such a Justice may opt to ask for the
measure (of lifting the prohibition of opinion(s) out of the head(s) of
departure) without delays. relevant agency(agencies).
②When the cause for the prohibition ② When the head(s) of agency
of departure is gone, the head of (agencies) in the central government
agency, who requested for the and the heads of relevant agency
prohibition of departure under Article (agencies), as determined by the

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4-2, shall ask for the lifting of the Minister of Justice, under Article
prohibition of departure. 2-2(heads of requesting agency
③ As to the other miscellaneous (agencies), hereinafter) request for the
procedure to life the prohibition of extension for the prohibition of
departure, it shall be determined by departure under Article 4-2-2, he/she
the Presidential Executive shall submit the application form for the
Order.[Newly Added, Dec.21, 2007] extension of the period for 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

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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 the Deliberating
Committee on the 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 period for the prohibition of
Article 4-4(Notification of the departure, he may request the
decision for the prohibition of submission of the relevant data
departure, etc.) ① When the ④ If the Minister of Justice decides not

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Minister of Justice prohibits the to apply the prohibition of departure or
departure under Article 4-1 or not to extend the period for the
extends the period for the prohibition of departure, after
prohibition of departure under Article deliberation under section 1 and section
4-2-1, he shall immediately notify 2, he shall notify the results to the
in writing the specific reason and head(s) together with explanatory notes
the period for the prohibition of and reasons for. [Newly Added, March
departure to the subject. 22, 2008]
② When the Minister of Justice lifts
the prohibition of departure under Article 3(The Procedure to lift the
Article 4-3-1, he shall immediately prohibition of departure)
notify the facts to the subject. ① If the Minister of Justice is to lift the
③ Despite section 1, the Minister of prohibition of departure under Article
Justice may opt not to make the 4-3-1, he may, in order to see
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 Republic of Korea and the on the need for the prohibition of
serious threats to the public departure, ask for the opinions or the
interest, submission of the data out of the
when he finds the serious concern head(s) of the relevant
for the serious obstacle to the agency(agencies)
criminal investigation, or When the reason for the prohibition of
when the whereabouts of the departure is gone, or when it is clear
subject under the prohibition of and distinct, or no need for the
departure is not known. [Newly prohibition of departure exists, the
Minister of Justice shall lift the
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Added Dec. 21, 2007] prohibition of departure immediately.
② If the Minister of Justice lifts the
Article 4-5(Appealing the Decision prohibition of departure under section 1,
for the Prohibition of Departure, he shall notify the head(s) of relevant
etc.) 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 subject to the extension of subject under the prohibition of
period for the prohibition 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.
the day of notice or the day of ③ If the head(s) of agency(agencies)
awareness of such a notice to the is to request the lifting for the
Minister of Justice regarding the prohibition of departure under Article
decision on 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 for the prohibition of prohibition of departure with
departure. 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 to its appropriateness 15days the prohibition of 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. ⑤ Once the Minister of Justice decides

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③ When the Minister of Justice finds not to lift the prohibition of departure
the appeal under section 1 after the review under section 4, he
reasonable, he shall immediately lift shall notify the reasons to the head(s)
the prohibition of departure or of agency(agencies) without delays.
revoke the extension of the period [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 head(s) of requesting agency
writing[Newly Added, December 21, (agencies) shall prepare a roster for
2007] the prohibition of departure with
explanatory notes on the specific
request for the prohibition of
departure, the extension of the
prohibition period, 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

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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 e the extension of the period for the p
Passport, etc.) rohibition of departure, he shall also re
① An immigration officer may seize 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〉

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Article 6 (Entry of a National) Article 3-4(Reviews and Decisions on
① When a national intends to enter Appeal Request)
Korea from outside Korea ① When the Minister of Justice finds it
(hereinafter referred to as “entry”), proper and necessary for him to
s/he shall undergo, with a 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 reasons, s/he may be ② When the Minister of Justice
allowed to enter Korea 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 and the head(s) of
the head of office or branch office. requesting agency(agencies).
〈Revised Mar.24, 2005〉 [Newly Added, March 22, 2008]
② An immigration officer may help a
national who does not hold a valid Article 4 (Departure Prohibition Review
passport due to loss of it or for any Board)
other reasons to enter Korea after ① The Departure Prohibition Review
going through a verification Board (hereafter in this Article, referred
procedure. to as the “Board”) shall be instituted in
〈Revised Mar.24, 2005〉 the Ministry of Justice for the purpose
of reviewing important matters regarding
the departure prohibition of nationals

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under Article 4 of the Act and the
departure suspension of foreigners under
Article 29 of the Act. <Revised, 2002. 4.18.>
② The Board shall be composed of one
chairman and up to 13 members.
<Revised, 2004. 8.17.>
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

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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)<Revised 2005.7.5>
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: Article 7 (Custody and Return of a
1. When a disposition of departure Passport, etc)
prohibition under Article 4 ① of the Act ① A branch officer shall accurately
is cancelled; and record the date of custody and
2. Other cases when deemed unnecessary reason for custody, etc. in the

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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. <Revised, 2005.7.8>
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 <Revised. 2005.7.8.>
the immigration office (hereinafter ③ A branch officer shall take back
referred to as the “head of the branch the certificate of custody under
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. <Revised, 2005.7.8.>
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

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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. <Revised, 2002.
4.18.>

Immigration Control law Enforcement Decree Enforcement Regulation

CHAPTER 3 ENTRY AND LANDING CHAPTER Ⅱ ENTRY AND LANDING CHAPTER 2. ENTRY AND LANDING
OF FOREIGNERS OF FOREIGNERS OF FOREIGNERS

SECTION 1 SECTION 1 Entry of Foreigners SECTION 1

Article 7 (Entry of a Foreigner) Article 7 (Visa Issuance) Article 8 (Approval of Visa Issuance)
① If a foreigner intends to enter ① A person who intends to obtain a visa ① The head of a Korean diplomatic
Korea, s/he shall hold both a valid under Article 7 ① of the Act, shall submit mission abroad shall obtain the
passport and a Korean Visa issued to the head of Korean diplomatic mission approval of the Minister of Justice,

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by the Minister of Justice. 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
paragraph ①, a foreigner falling ② The head of Korean diplomatic mission diplomatic relations with the
under any of the following abroad shall issue a visa to a foreigner Republic of Korea (hereinafter
subparagraph may enter Korea who has applied for the visa under referred to as a "country without
without a visa: 〈Revised Dec.10, paragraph ① under the conditions as diplomatic relations"), or a country
1993, Mar.24, 2005〉 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 Foreign Affairs and Trade
is exempted from the requirement of the status and period of stay, etc. under (hereinafter referred to as a
obtaining a re-entry permit, but Article 12. <Revised, 2002. 4.18.> "specific country") and a stateless
before the validity period of the ③ When deemed required for a visa person residing in a country without
re-entry permit or exemption issuance, the Minister of Justice may diplomatic relations, or a specific
expires; 〈Revised Mar.24, 2005〉 require the person intending to obtain country under Article 7, section ④
2. A person who is a national of the a visa to furnish a letter of of the Act or a visa which is not
country which has signed a Visa recommendation issued by the head of delegated to him under Article 9.
Waiver Agreement with Korea and the related central administrative However, this shall not apply to the
who becomes the object of the agency, or ask the head of the related case that the head of a Korean
exemption under the agreement; central administrative agency for his diplomatic mission abroad issues a
3. A person who enters Korea for opinions thereon. foreigner's entry permit or a visa
international friendship, tourism, or ④ Criteria for issuing a letter of within the period of 90 days, with
Korea's national interest, etc. and recommendation under paragraph 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

- 23 -
Presidential Executive Order; and agency in consultation with the Minister organizations of inter-governments,
4. A person who departed from Korea of Justice. or who is designated by the Minister
with a refugee travel document, and ⑤When issuing a visa subject to a status of Justice.
re-enters Korea before the validity of stay that allows to engage in ② The head of a Korean diplomatic
of such document expires. employment activities, the Minister of mission abroad shall, if he intends to
③ The Minister of Justice may Justice shall give consideration to the obtain the approval pursuant to
temporarily suspend the application domestic employment situation. section ①, request the approval of
of Visa Waiver Agreement to those the Minister of Justice through the
falling under paragraph ②-2, when it Article 8 (The Entry Permit for Minister of Foreign Affairs and
is deemed necessary and proper for International Friendship, etc.) Trade, together with his opinions
the maintenance of public safety or ① Persons to be allowed to enter the (of) the entry qualification in the
national interest. Republic of Korea without a visa under "application form for the approval of
④ Notwithstanding the provision of Article 7 ② 3 of the Act shall be those visa issuance". In urgent cases,
paragraph ①, a national of a country falling under any of the following however, the head of a Korean
which established no diplomatic subparagraph diplomatic mission abroad may
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 applicant (for) telegram fees
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 the qualification for the
as prescribed in the Presidential prescribed by the Justice Minister's entry, and decide whether or not he
Executive Order. 〈Revised Dec.5, Order; or approves it, if he receives request

- 24 -
2002〉 3. Other persons whose entry is deemed for the approval under section ② of
⑤ Deleted 〈Mar.24, 2005〉 by the Minister of Justice necessary for this Article regarding the visa
the interests of the Republic of Korea, issuance. If he approves the visa
Article 7-2 (Prohibition of False etc. issuance, he shall indicate the
Invitation, etc.) 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 any of the following 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 under the conditions as relevant Korean diplomatic mission
foreigner to enter Korea: prescribed by the Justice Minister's abroad through the Minister of
1. Acts of inviting a foreigner by Order. Foreign Affairs and Trade. In this
illegal means such as misrepresenting ③ Definite scope of persons allowed to case, the status of stay shall be
facts or false identity guarantee etc, enter without a visa under Article 7 ② included both letters and numbers,
or acts of assisting it; and 3 of the Act shall be 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 Visa Issuance, or an act of nation and society or the order of shall be included as well.
assisting it. 〈Newly added Dec.29, foreigners’ stay. ④ If he requests the approval of the
2001〉 Minister of Justice for the visa
Article 9 (Temporary Suspension of issuance under section ② of this
Application of Visa Waiver Agreement) 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 approval" from the
advance with the Minister of Foreign Minister of Justice,

- 25 -
Affairs and Trade. <Revised, 2002. 4.18.>
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. <Revised,
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. <Revised, 2002. 4.18>
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.
<Revised, 2002. 4.18.>
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.
<Revised, 1994. 6.30.>
⑤ When a foreigner entered under an
entry permit for foreigners under para-
graph 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 Article 9(Delegation of Right to Issue
proviso of paragraph ④, the said permit Visa)
shall be recovered upon his final ① The rights to issue visa delegated
Article 8 (visa) departure. <Revised, 1994. 6.30.> to the heads of Korean diplomatic
① The visa prescribed in Article 7 is missions abroad by the Minister of
divided into a single visa valid for Justice under Enforcement Decree
one entry and a multiple visa valid Article 11 (Delegation of Right to Issue 11-2 are as follows.
for two or more entries. Visa) Detailed categories of visa issuance
② The Minister of Justice may ① Pursuant to Article 8 ② of the Act, (Notification that the change of the
delegate his/her authority to issue the Minister of Justice shall delegate the status of stay after entry into Korea
visas to the head of a Korean authority to issue visa to the persons is not permissible shall be made to
diplomatic mission overseas 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,
③ The criteria and procedure for 1, to the heads of the diplomatic missions the issuance of single entry visa not
issuing visas shall be determined by abroad. exceeding 90 days of stay to the
the Justice Minister's Order. ② The Minister of Justice shall, pursuant person qualified for 6.temporary

- 28 -
to Article 8 ② of the Act, delegate the reporting(C-1) and for 9.
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. the issuance of visa not
business (H-1) in the attached Table 1, exceeding 90 days of stay to the
to the heads of the diplomatic missions person qualified for temporary
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. <Revised, Da. Among the statuses of stay in
1995.12. 1.> Table 1 of the Enforcement Decree,
7. the issuance of visa not
exceeding 90 days of stay to the
person qualified for temporary
commercial(C-2) ․ 8.temporary
comprehensive(C-3) 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 qualified for
Student(D-2) and visa not
exceeding 6 months of stay to the
person qualified for 18-2.
job-seeking(D-10)

- 29 -
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 17.corporate
investment (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 qualified for overseas

- 30 -
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
& management(D-9)to 28.

- 31 -
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.
< 2008.7.3>

Article 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. <Revised July 3, 2008>
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 Decree.<Newly Added
2005.7.8>

- 33 -
Article 10 (Approval of Visa
Issuance)
The head of a Korean diplomatic
mission abroad shall obtain the
approval of the Minister of Justice,
notwithstanding the provisions of
Article 9. In this case, the
procedures for approval 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 of a country that
restricts the visa issuance for a
Korean national;
2. A person belonging to an
anti-national organization 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 relations, and other
interests of Korea in 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 temporarily visiting
diplomatic missions, a group of
international events participants, 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 designated by the
agreement, etc. between 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 status of stay 6.
Temporary News Coverage(C-1)
through 9. Short-Term
Employment(C-4) in 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 visa issuance agreement,

- 39 -
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
Minister of Justice.

Article 13 (Visa Issuance by


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 the principle of
reciprocity, etc, the head of a
Korean diplomatic mission 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 respect to a person falling
under any of the following
sub-sections.
1. A person falling under the status
of stay 7. Short-Term
Business(C-2) or 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 truthfulness of the
contents of the applicant's
statements or the documents
submitted based upon the evidencing
documents for not being able to
obtain the valid visa for 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, immigration officer(s) may
grant the permit of entry not
exceeding 90 days. <Newly Added
July 1st, 1997)
⑦ The provision in section 5 is
applicable to the cases of section 6,
except for the Roster of Foreigners
for Entry Permit.(Newly Added July
1st, 1997>

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 separately determines the
period of stay, etc., taking into
account the international 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 to urgent reasons or other

- 46 -
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 entry permit under
section ① of this Article shall
submit to the head 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. In this case, the
provisions of the latter part 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.
<Revised July 20, 1994; December1, 1995;
April 1st, 1998; April 27, 2002; Sep.24,
2003; August 23,2004; March 5, 2007; June
1, 2007; July 3, 2008>
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 (E-7)․25-3
unskilled Employment(E-9)․ 25-4
Labor Abroad (E-10)․26. Visiting &
Cohabitation(F-1)․27. Residence(F-2)․
28. Dependent Families(F-3)․28-2.
Article 9 (A Certificate of Eligibility Overseas Koreans (F-4), 28-3.
for Visa Issuance) Permanent Residence(F-5) and 29.
① If it is deemed essential, the Others(G-1) <Revised, Sep. 24,
Minister of Justice may issue a 2003;.August 23, 2003; July 3.2008.>
Certificate of Eligibility for Visa 3. A person who is deemed
Issuance upon application by a necessary, in particular, by the
foreigner who intends to enter Korea Minister of Justice.
prior to the issuance of a visa as ② A person who intends to be
prescribed in Article 7-①. 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 head of the branch
the person who intends to invite a office/sub-branch office having

- 49 -
foreigner on behalf of the latter. proper jurisdiction over the
<Newly added Dec.5, 2002.> residence of the person intending to
③ The objects, criteria and invite a foreigner (hereinafter
procedures for issuing a Certificate referred to as "the head of the
of Eligibility for Visa Issuance as branch office/ sub-branch office
prescribed in paragraph ① shall be having proper jurisdiction over the
determined by the Justice Minister's residence") <Revised, 2005.9.24.>
Order. ③ The head of the branch
office/sub-branch office having
proper jurisdiction over the
residence shall, when he has been
submitted the application form
pursuant to section ② of this
Article, verify the criteria for
issuing a CEVI under Article 17,
section ③, together with his opinion,
and send it to the Minister of
Justice.
1. <Deleted, 2005.7.8.>
2. <Deleted, 2005.7.8.>
3. <Deleted, 2005.7.8.>
④ The Minister of Justice shall issue
a CEVI by electronic documents
under the provisions of the Act on
Promoting the Electronization of

- 50 -
Administrative Affairs, etc. for
Electronic 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 the visa
issuance as appropriate after
reviewing the application documents
pursuant to section ③. <Revised,
2005.7.8>
⑤ The Minister of Justice may
deliver a CEVI to the inviter
directly, notwithstanding the
provisions of section ④ of this
Article, if there exist unavoidable
circumstances that may not transmit
a CEVI by electronic documents,
such as the Immigration Control
Information System(ICIS) has not
been installed at the Korean mission
overseas. <Newly 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 invitees to the
representative applicant's Certificate
of Eligibility for Visa Issuance[CEVI]
and issue the CEVI. <Newly Added
Dec.1,1995;August 2, 2006>
The head of the branch office/
sub-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. <Newly
Added, 1995.12.1. Revised,
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 of a CEVI,
notwithstanding the 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 years has not passed
since such execution has 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 the act related to
prostitution, speculation, sales and
provision of narcotics, 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 sentenced to
imprisonment without labor 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 been sentenced to
imprisonment without labor 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 who has invited 10
foreigners or more 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. <Newly
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 of Justice deems
particularly necessary, he may
differently determine the validity

- 57 -
period of the CEVI. <Revised,
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 for each status of stay
① A foreigner who intends to enter allowed for one time. <Newly
Korea shall obtain a status of stay Added, 1997.7.1.>
as prescribed in the Presidential
Executive Order.〈Revised Dec.12, Article 12 (Classification of status of stay)
1996〉 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 -
Justice Minister's Order in 1997.6.28]
correspondence to each status 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 Korea: 〈Revised Article 13 (Management of Data on
Dec.13, 1997, Mar.24, 2005〉 Persons Prohibited from Entry)
1. A person carrying an epidemic ① The Minister of Justice shall, with
disease, narcotic addicts or other respect to the persons for whom a
persons about whom there 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 for electronic data
2. A person intending to enter Korea processing systems. The same shall
unlawfully carrying firearms, swords, apply mutatis mutandis to the
explosives, etc. as prescribed in the cancellation of entry prohibition.
Firearms, Swords, Explosives ② Deleted. <2002. 4.18.>
Prohibition Act;
3. A person about whom there are Article 14(Request for the Prohibition of
reasonable grounds for concern that 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 the grounds of race,
ethnicity, religion, nationality, Article 19 (Entry Inspection of
political opinion, etc. under Foreigners, etc.)
instructions from or in liaison with ① The provisions of Article 1 of the
the Japanese government, any Decree shall apply to the matters
government which was in alliance regarding the verification of

- 60 -
with the Japanese government, or inspection if a branch officer
any government on which the conducts an entry inspection under
Japanese government exercised Article 15, section ① of the Decree.
predominant influence from August ② A foreign crew member shall
29, 1910 until August 15, 1945; and undergo an entry inspection
8. Other persons similar to those conducted by the branch officer
specified under sub-paragraphs 1 under Article 15, section ① of the
through 7, whose entry is deemed Decree when he/she intends to
inappropriate by the Minister of disembark form the vessel, etc.
Justice 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 ③ The provisions of Articles 2 and 3
any reason other than those as shall apply to the preparation and
referred to in any of sub-paragraphs management of the entry and
of paragraph ①, the Minister of departure card for 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 <Revised, Jul. 20, 1994>
Korea, s/he shall undergo entry
inspection conducted by an Article 20 (Correction of Visa
immigration officer at the Port of Contents, etc.)
Entry and Departure. Article 15 (Entry Inspection) ① When a branch officer corrects the

- 61 -
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 leave deleted letters to be
③ An immigration officer performing Article 12 ① of the Act. In this case, recognizable and sign or seal after
entry inspection shall allow 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 of a visa.<Revised
requirements are satisfied: seal impression on the passport, etc. 2007.3.5>
〈Revised Mar.24, 2005〉 <Revised,1998. 4. 1.> ② When immigration officer(s)
1. The passport and visa shall be ② An immigration officer shall, where he amend (s) the period of stay under
valid: Provided, that the visa is decides not to permit the foreigner’s Article 15-6-2 of Enforcement
limited only to case where it is entry under Article 12 ④ of the Act, if Decree,
required; s/he deems that such matters are he/she can do so only when four
2. The purpose of entry shall comply important, report thereon without delay years or more lapsed since the
with the status of stay; to the Minister of Justice. <Revised, issuance of visa.
3. The period of stay shall have been 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
Order; and 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 <Newly Added, March5, 2007>
as prescribed in Article 11. status as the status of stay 4. Visa ③ When a foreigner staying in Korea
④ If an immigration officer deems exemption (B-1) and the relevant period has been reissued a passport, a
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 verification on his/her new
subparagraph of paragraph ③, s/he person subject to the visa waiver passport, and sign or seal after

- 62 -
may refuse to grant entry agreement for diplomats and government verifying whether or not there are
permission.〈Revised Mar.24,2005〉 officials enter for being stationed in the entry and departure records in
⑤ Upon allowing entry permission to Republic of Korea, such status as a status his/her former passport. <Revised,
a foreigner falling under Article 7-② of stay 1. Diplomacy (A-1) or 2. Public 2007.3.5>
-2 or 3, the immigration officer services (A-2), and the relevant period
shall grant the status of stay and of stay shall be entered. Article 21 (Entry of Persons subject
determine the period of stay under ⑤ Deleted. <1994. 6. 30.> to Status of Forces Agreement)
the conditions as prescribed by the ⑥ An immigration officer may, when the ① When a branch officer conducts an
Presidential Executive Order. classification, the status and period of entry inspection under the provisions
〈Revised Dec.5, 2002〉 stay on the visa issued by the head of of Article 15, section ① of the
⑥ An immigration officer may board a diplomatic mission abroad are evidently Decree regarding a person who
vessels, etc. for the purpose of in error, revise them under the conditions receives the application of the
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
⑦ The provision of Article 5-② shall foreigner. Republic of Korea and the United
be applied, mutatis mutandis, to the ⑦ The provisions of Article 6 ③ and ④ States of America, Regarding
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 Sofa a(Status of Forces
matters to be notified to the head of Agreement) on his passport. In this
Article 12-2 (Prohibition on the issuing agency, in case where the case, when the branch officer
provision of vessels, etc.) provisions of Article 6 ③ are applied stamps a seal of granting of the
① No one shall provide or arrange mutatis mutandis. status of stay under Article 29,

- 63 -
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 provisions shall be
illegally assisting any foreigner to of Korea. applicable. <Revised, 2005.7.8.>
enter or depart from Korea or
smuggling into a third country by
way of Korea.
〈Revised Mar.24, 2005〉
② No one shall harbor or assist any
foreigner who has illegally entered Article 22 (Conditional Entry
Korea to flee within the country, or Permission)
provide or arrange a transportation ① When the head of the branch
means for the same purposes. office/sub-branch office intends to
〈Revised Dec.5, 2002〉 grant a conditional entry permit
[Newly added Dec.13, 1997] 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
be applied, mutatis mutandis, to the requirements under Article 12,
case of a forged or altered passport section ③, subsection ①. <Revised,
or a Seaman's Identification Jul. 20. 1994>
Certificate. <Revised Mar.24, 2005〉 ② When the head of the branch
② If an immigration officer finds a office/sub-branch office issues a

- 64 -
passport or a Seaman's Identification conditional entry permit under
Certificate of an immigration offender Article 13, section ② of the Act,
who is under investigation 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.
and take them in custody.〈Revised ③ The provisions of Article 19,
Mar.24, 2005〉 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 conditional
permission to enter to a foreigner
who falls under any of the following
sub-paragraphs under the conditions
as prescribed by the Presidential Article 16 (Conditional Entry Permission)
Executive Order: ① The head of the branch office or
1. A person who has failed to meet sub-branch office may, when he permits
the requirements as prescribed 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 The head of the branch office or
2. A person who is suspicious of sub-branch office may, when the
falling under any of sub-paragraphs foreigner subjected to a conditional entry

- 65 -
of Article 11-①, or of having failed permission has failed to meet the
to meet the requirements as requirements within the relevant
prescribed in Article 12-③-2 and permission period due to an inevitable
deemed therefore necessary for reason, or is deemed to be unable to do
special inspection; and so, extend the period of conditional entry
3. Other person who is deemed by permission within the limit not in excess
the office head or branch office of permission period under paragraph ①.
head to be required for obtaining <Revised, 2002. 4.18.>
conditional entry permission. 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 as referred to in Article 12 ③ of the Act within the relevant
paragraph ①, issue a 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. <Revised,
with the request of appearance, and 1997. 6.28.>
any other necessary conditions, and ④ An immigration officer shall, when he
may, if necessary, have the foreigner conducts an entry inspection under
deposit a bond not exceeding ten paragraph ③, recover the written
million Won. conditional entry permit from the
③ The head of office or branch office relevant foreigner.
may revert the whole or part of the ⑤ An immigration officer shall, when the
deposited bond to the National foreigner subjected to a conditional entry

- 66 -
Treasury, when the foreigner who permission leaves the country without
had obtained conditional entry undergoing an entry inspection under
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 ① The head of the branch office or
determined by the Presidential sub-branch office shall, when he
Executive Order. 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 Enforcement Decree Enforcement Regulation

SECTION 2 SECTION 2 SECTION 2

Article 14 (Landing Permission for Article 18 Article 23 (Landing Permission for a


crew members) National of a Country Without
① If a foreign crew intends to land ① A head of ship, etc. a forwarder, or Diplomatic Relations)  ① When a
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 -
etc., the immigration officer may crewmen under Article 14 ① of the Act, of a country without diplomatic
grant permission on the landing of submit an application for 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 <Revised,1995.12.1. 2007.6.1> opinions of officials belonging to the
ship, etc., carrier or the person ② "The relevant agency(agencies) stationed
concerned, except a person who falls at the port of entry and departure.
under any of sub-paragraphs of However, in the case of the landing
Article 11-①. permit falling under any of the
1. A foreign crew intending to land following sub-sections, the head of
for the purpose of recreation, etc. <Newly Added, July the branch office/sub-branch office
while vessels, etc. whereon s/he 5, 2005> shall obtain the approval of the
serves moor at the Port of Entry ③ When a crew transfers to another ship, Minister of Justice.
and Departure in Korea; and etc. in the case of section 1, or when he 1. When the opinions of the head of
2. A foreign crew intending 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 from those of officials
to enter into a Port of Entry and under Article 14-6, the explanatory notes belonging to the relevant
Departure or continuing to be in shall be attached <Revised June 28, 1997, agency(agencies) stationed at the
anchorage. July 5,2005.> port of entry and departure.
② An immigration officer shall 2. Deleted 〈Jul. 20. 1994〉
examine the documents in the Article 18-2 (Multiple Landing Permission 3. When the head of the branch
following sub-paragraphs, when the of Crewmen) office/sub-branch office recognizes
application under paragraph ① is ① An immigration officer may, upon that it is difficult to decide.
made. permitting crew’s landing under Article ② When a branch officer grants a
1. A Seaman's Identification 14 ① of the Act to a foreign crew of the landing permit for a national of a
Certificate, where the foreign crew ship, etc. which regularly plies or country without diplomatic relations,

- 70 -
falling under paragraph ①-1 is a frequents the Republic of Korea, grant he/she shall notify the fact to the
seaman; a multiple landing permission which officials belonging to the relevant
2. A passport and the document(s) allows two or more landings within the agency(agencies) stationed at the
prescribed by the Presidential 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 is a seaman; Provided, a issue a written multiple landing permit fact in a register of investigation of
passport only in case where 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. Article 24(Area of Activities for
3. A passport, if the foreign crew ③ Definite criteria for a multiple landing those with Landing Permit)
belongs to other categories of permission for crews under paragraph ① When grating the landing permit
seamen. shall be separately prescribed by the under Article 14 through Article 16
③ An immigration officer shall issue Minister of Justice. of the Act, the proper jurisdiction of
a Crew Landing Permit, when ④ The provisions of Article 18 ① shall the relevant immigration (branch/sub
allowing the landing pursuant 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 Permit may include the 1994.6.30.] But when the crew intend to
duration of permission, restrictions continuously use the Crew Landing
on the area of activity, and other Permit for other ports of entry
necessary conditions. within Korea under Article 14-6 of
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. <Revised, July 20,1994;
⑤ When the head of office or branch July 1, 1997; July 3, 2008>
office deems necessary for the
foreign crew who was 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 permission to a foreigner shall, when he intends to apply for an
(including a crew member) aboard a emergency landing permission for a
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 -
application by the head of the application for a landing permission along
vessel, etc. or the carrier. with the documents vindicating the
② The provisions of Article 14-③ reasons for an emergency landing.
and ⑤ shall be 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 Landing Permit" and a disaster landing permission under
"Crew Landing Permission" as Article 16 ① of the Act, submit to the
"Emergency Landing Permission". head of the immigration branch office or
〈Revised Mar.24, 2005〉 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". <Revised
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 or branch Temporary Landing Permit for
office head deems to have a Refugees)
considerable reason to land a ① The head of the branch office/
foreigner who is on board a vessel, Article 20-2 sub-branch office shall record the
etc. and seeking for protection in fact in the register of issuance of a
Korea immediately after escaping ① A foreigner on board of the ship, etc. temporary landing permit for
from the territory where there is a shall, when he intends to apply for a refugees when he issues a
fear of infringement of life, body temporary refuge landing permit under temporary landing permit for
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 Convention and other office a written application for a ② The term "facilities, etc.
corresponding reasons, s/he may temporary refuge landing permit, along designated by the Minister of
grant temporary landing permission with the documents vindicating the Justice" under Article 20-2,
for refugees not exceeding the span relevant reasons. 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 ③ The head of the branch office or
and ⑤ shall be applied, mutants sub-branch office shall, when the

- 75 -
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 a
Permit" shall be interpreted as the temporary refuge landing permit to the
"Temporary Landing Permit for relevant foreigner, and designate a place
Refugees" and "Crew Landing of his stay in the facilities, etc. as provided
Permission" as "Temporary Landing by the Minister of Justice.
Permission for Refugees."〈Revised [This Article Newly Added,
Mar.24, 2005〉 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 a written landing permit
Article 21 (Extension of Period of under Articles 14 through 16-2 of
Landing Permit) 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 shall take back the crew
application for an extension of the period landing permit when a foreigner who

- 76 -
of landing permission, indicating the has been issued a crew landing
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
<Revised, 1994.6.30.> of entry and departure, and shall
② Where there exists an application for take back the multiple crew landing
extension under paragraph ①, 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. <Revised, 1994.6.30.> of entry and departure. (Revised,
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.〉

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Immigration Control law Enforcement Decree Enforcement Regulation

CHAPTER 4. STAY AND CHAPTER Ⅲ STAY AND DEPARTUR CHAPTER 3. STAY AND
DEPARTURE OF FOREIGNERS E OF FOREIGNERS DEPARTURE OF FOREIGNERS

SECTION 1. Stay of Foreigners SECTION 1. Stay of Foreigners SECTION 1. Stay of Foreigners

Article 17 (Stay of a Foreigner and Article 22 (injunction order) Article 26 (Report on the Persons
the Scope of Activities) subject 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 The head of the branch
stay and the period of stay. Act, the Minister of Justice shall deliver office/sub-branch office shall report
② No foreigner staying in Korea shall directly, or through the head of the branch the facts to the Minister of justice
engage in any political activities, office or sub-branch office, to the without delay, when he finds a
unless provided by this Act or other relevant foreigner a written order to sus- person who is subject to the reasons
Acts. 〈Revised Mar.24, 2005〉 pend activities, indicating that the under Article 11, section 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 as doing political
- 79 -
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 When the head of the
measures. 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, the head of the
sub-branch 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 Article 27-2 (Restriction on the


Employment of Foreigners) Article 23 (Foreigner’s Employment Employment Activities of Overseas
① If a foreigner intends to be and status of stay) Korean Residents)
employed in Korea, s/he shall obtain, ① Among the statuses of stay in Table ① The term " menial labor activities
as provided by the Presidential 1,"the status of stay allowing (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
② A foreigner who has obtained the 9. Temporary employment(C-4),19. the field for simple labor workers
status of stay as referred to in Professor(E-1)or25. Specific activities under Korea Standard Jobs
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. 25-4. Crew Employment(E-10) and National Statistical Office)
③ No one shall employ a person who 31.Visit & Employment (H-2) <Revised 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 other social orders such as
④ No one shall arrange or induce, as June1, 2007> speculative acts, etc. means
referred to in paragraph ①, a person ② Notwithstanding the provisions of activities falling under any of the
who does not have the status of paragraph ①, a person falling under any following sub-sections. (Revised,
stay to be employed . of the following sub-paragraphs shall not Jul.8.2005)
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: <Revised, Aug.17,2004; July5, in Article 2, section ①, subsection
his/her control for the purpose of 2005; Feb.28, 2007; June 1, 2007> ① of the 「Act on Special Cases
arranging employment. 1. Among the statuses of stay in Table 1, regarding Regulation and Punishment
anyone belonging to the subsection Ma of Speculative Acts, etc.」and
to Da in 27. Residence(F-2) category Article 1-2 of the Enforcement
2. Among the statuses of stay in Table Decree of the same Act.
1, anyone belonging to the subsection Ra, 2. Activities to work as an
Ha, or Ca in 27. Residence(F-2) category entertainment employee in the
and intending to be engaged in the entertainment business such as a
activities of his(her) previous status of bar, etc. specified in Article 21,
stay. section ② of the「Food Sanitation
③ Notwithstanding the provisions 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 activities pursuant to the public morals among entertainment
classification of the status of stay, except business specified in Article 2 of
for the the「Act on the Regulation of
cases falling under any of the following Amusement Business affecting Public
subparagraphs: provided that even if he Morals」and Article 2 of the
is permitted to engage in the employment Enforcement Decree of the same
activities, when the Korean Acts and Act.
subordinate statutes require him to ③ The specific scope of restrictions
acquire a specific qualification, he shall on employment activities of

- 82 -
do so: <Revised, 2007.2.28. Overseas Korean Residents under
1. Where he works in a menial labor the provisions of sections ① and ②
activity; of this Article and Article 23,
2. Where he commits the 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 interest and a domestic Korean Residents 'Entry/ Departure/
employment order. Stay. <Newly Added, 1999.12.2.)
④ The person falling under a status of
stay 28-3. Permanent Residence (F-5)
in the attached Table 1 shall,
notwithstanding the provisions of
paragraph ①, be exempted from a
restriction on his activities pursuant to
the classifications of status of stay.
<Newly Added, 2002.4.18, 2007.2.28>
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.
<Newly Added, 1995.12.1>

- 83 -
⑥ Definite scope of each subparagraph
of paragraph ③ shall be prescribed by
the Justice Minister's Order. <Newly Article 28 (Examination of Facts
Added, 1999.11.27.> Reported by an Employer of a
Article 19 (The Reporting Obligation Foreigner)
of Those Employing Foreigners) ① When the head of the branch
① An employer of a foreigner who Article 24 (Reporting by Persons, etc. office/sub-branch office has been
has, as prescribed in Article 18-①, Employing Foreigners) submitted a report on the change in
a status of stay allowing ① A person employing a foreigner or the circumstances of a foreign employee
employment activities shall 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 since the employer first 19 of the Act, submit to the head of the examine the facts without delay and
noticed of them: Revised Dec.12, branch office or sub-branch office a take necessary measures therefore.
1996, Mar.24, 2005〉 written report on the occurrence of <Revised, 1997.7.1>
1. The dismissing of the foreigner, or reasons for a change of foreigners under ② The head of the branch
the resignation or death of the employment or training. <Revised, office/sub-branch office shall record
foreigner; 1997.6.28> the results of processing under
2. Being unable to locate the ② For the purpose of Article 19 ① 3 of section ① of this Article in the
foreigner; the Act, the term “where important register of a report on the change in
3. Changes on the major parts of the contents of the employment contract are circumstances of a foreign employee
employment contract; and changed” means the time when falling or industrial trainee. <Revised,
4. When noticed the act that the under any of the following 1997.7.1>
foreigner had violated this Act or sub-paragraphs: <Revised, 2002.4.18,
the orders issued under this Act. 2003.9.1, 2005.7.5, 2006.8.24>

- 84 -
② The provision of paragraph ① 1. When the duration of employment
shall be applied, mutants mustangs, contract is changed;
to the head of an industry or 2. When the title of the employer or the
business who provides 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
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 which the dispatched employee belongs
Trainees. etc.) is changed).
① The government shall take
necessary measures to protect Article 24-2 (Industries for Industrial
foreigners who are being trained at Training, etc.)
the designated industries(hereinafter 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 <Revised, 2001.7.16, 2002.4.18,
designation of Industries referred to 2005.7.5>
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 2. Industries which export technologies to
Industrial trainees, etc.) a foreign country, and which are deemed
① The Minister of Justice shall take by the Minister of Justice to require an
the measures necessary for the industrial training;
management of industrial trainees, 3. Industries which export industrial
including departure of the foreigner plants to a foreign country pursuant to
by investigating him/her whether Article 22 ① of the Foreign Trade Act;
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 < Deleted ; 2007.6.1>
conditions. ③ < Deleted ; 2007.6.1>
② The necessary matters for the ④ < Deleted ; 2007.6.1>
management of industrial trainees
under the provision of paragraph ① Article 24-3 (< Deleted ; Jun. 1.
and recruitment related to entry of 2007>
industrial trainees shall be regulated
by the Presidential Executive Order. Article 24-4(Recruitment and
③ The Minister of Justice may Management of Industrial Trainees)
permit the persons satisfying certain ① Industries under Article 24-2 ① 1

- 86 -
requirements under the Presidential through 3 shall recruit industrial trainees
Executive Order (hereinafter who are foreigners according to the
referred to as an employee after following: <Newly Added, 2003.9.1>
Industrial Training) to change their 1. For industries which directly invest in
status to engage in employment a foreign country, the employees who
activities. In this case, the engage 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 2. For industries which export
trainees. technologies to a foreign country, the
〈Newly Added Dec.13, 1997〉 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: <Revised,2003.9.1, 2007.6.1>
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 necessary for the
recruitment and 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]
International Students, etc.) Deleted. Article 24-5 or Article
① The head of a school (referred to 24-7<June 1, 2007>
the schools under each subparagraph
of Article 2 of "the Higher Article 24-5 through 24-7 Deleted <Ju
Education Act") where the ne 1, 2007>
foreigners having the status of stay
capable of studying or training under Article24-8 (Management of Internation
the provision of Article 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 1. Management of the attendance and a
the staff to manage 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.
office. 2. proper and necessary consulting with int
② When any of reasons falling under ernational students to prevent getaways
the following sub-paragraphs has 3. Notice(inclusive of electronic notice)
occurred, the head of a school, of such a managed consulting to the he

- 89 -
under the provision of paragraph ①, ads of branches or sub-branches of i
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: ② the works of sub-section 1 can be
1. When a foreign student given delegated to the person in charge unde
permission for entering school or r Article 19-4-1.
training program has failed 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. <Revised Jul.3.2008>
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 to his/her original etc.)
status of stay, s/he shall obtain When the head of the branch
permission for activities beyond the Article 25 (Permission for Engaging in office/sub-branch office receives an
current status of stay from the Activities not Covered by The status application for permission for change
Minister of Justice in advance. 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 thereon, and if new
status of stay concurrently with those activities are recognized as the main
corresponding to his own status of stay activities as the result of the
under Article 20 of the Act, shall submit examination, he shall make the said
an application form for permission for applicant obtain permission for
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 -
thereto.
③ The head of the branch office or
sub-branch office shall, when the
Minister of Justice approves the
application under paragraph ①, imprint
the applicant’s passport, etc. with a
permission stamp for activities not
Article 21 (Change and/or Addition of covered by his own status of stay:
Working Place) 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 of stay, s/he shall obtain covered by his status of stay, where there
permission from the Minister of exists no passport, or other cases deemed
Justice in advance. necessary. <Revised, 1995.12.1,
② No one shall employ or arrange an 2005.7.5>
employment a foreigner who has not
obtained permission for the change Article 26 (Permission for Change
or addition of the place of work and/or Addition of Workplace)
under paragraph ①, except when the ① A person who intends to obtain
employment was arranged by other permission for the change or addition of
Acts. <Newly Added Dec.10, 1993〉 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. <Revised, 1994.6.30>
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 Justice, with his opinions attached
of Activities) thereto.
The Minister of Justice, when ③ When the Minister of Justice grants a
deemed necessary for the 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 respect to any foreigners enter the changed or added workplace etc.)
staying Korea. thereon. <Revised, 1995.12.1, 2005.7.5> The provisions of Article 27 of this
Rules shall apply to the delivery of
Article 27 (Restriction on Scope of a notice of restrictions on the scope
Activities) of activities, etc. under the
When he has restricted the scope of the provisions of Article 27 of the
residence of the foreigner under Article Decree.
22 of the Act, the Minister of Justice shall
deliver directly, or through the head of Article 31 (Report on Persons who
the branch office or sub-branch office, received the Injunction Order)

- 93 -
a restriction order on the scope of ① The head of the branch
activities, etc. indicating the relevant office/sub-branch office shall
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, with respect to
persons who have received the
Article 28 (Exception to Notification injunction order of activities under
Methods) 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 office recognizes
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 ② If any urgency is required in the case
to the loss of Korean nationality or of Article 22 or 27, the notice
birth in Korea, etc. shall obtain a may be orally delivered. In this case, the
status of stay, as prescribed in the injunction order of activities or the
Presidential Executive Order, within restriction order on scope, etc. of
30 days since such events occurred. activities shall be delivered in writing
without delay after the oral notice.

- 94 -
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
Change of the Status of Stay) paragraph ①, the Minister of Justice shall
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 from his/her own, s/he ③ Upon receipt of a notice under
shall obtain permission for the paragraph ②, the head of the branch or
change of the status of stay in sub-branch immigration office shall
advance from the Minister of imprint the stamp for granting a status
Justice. of stay on the passport, etc., and enter
② A person, falling under any the status and period of stay thereon.
subparagraph of paragraph ① of
Article 31, who intends to change Article 30 (Permission for Change of
his/her status of stay due to the the status of stay)
change of his/her status, s/he shall ① A person who intends to obtain
obtain permission for the change of 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 in Korea in excess of the with his opinions attached thereto.
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 of stay from the ①, the head of the branch office or
Minister of Justice, before the sub-branch office shall imprint a stamp Article 32 (Permission for the
expiration of the period of 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 Presidential Executive Order. and period of stay and the workplace ① The head of the branch office
<Revised 1996.12.12〉 thereon. <Revised, 2005.7.5> /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 following sub-sections. <Revised,
permission for the extension of period 1994.7.20. 1999.2.27, 2002.4.27.>
of stay under Article 25 of the Act shall 1. When a registered foreigner

- 96 -
submit a written application for a permit intends to temporarily stay for the
for an extension of period of stay to the purpose of domestic travel after
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.
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 other unavoidable circumstances.
under paragraph ①, the head of the ② A person who intends to get
branch office or sub-branch office shall permission for extension of stay
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 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.<Revised, 2005.7.5> ① The head of the branch office/
sub-branch office or the head of the
Article 32 Deleted. <1997.6.28.> immigration detention center may
postpone the term of departure,
Article 33 (Departure Notice 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 exit order may not
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.
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. <Revised, section ① shall submit to the head
1997.6.28.> of the branch office/sub-branch
② The deadline for departure shall be office/immigration 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

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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. <Revised, 2002.4.27. 2005.7.
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 or by any
representative designated by the

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Minister of Justice. <Revised,
2005.7.8.>
② Matters necessary for the
application and receipt by any
representative under section ① of
this Article shall be determined by
the Minister of Justice. <Revised;
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.
<Revised; 1997.7.1.>

Article 36 (Register of Notice of


Article 27 (Carrying and Presentation Denial Decision on Extension of
of Passport, etc.) Stay)
① A foreigner staying in Korea shall When a “notice of denial decision on
always carry his/her 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 Landing sub-branch office, a nationality,
Permit (hereinafter referred to as "a name, deadline of departure, etc.
passport, etc."). However, shall be stated in the register of the
exceptional if the foreigner is under said notice.
the age of 17.
〈Revised Mar.24, 2005〉 Article 37 (Period of Permission for
② When an immigration officer or Extension of Stay)
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 foreigner under the text 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
provisions of Article 18-2 of these
Rules <Revised, July 20,1994; July
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 for Visit &
Employment(H-2), 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.
<Newly Added March 5, 2007>

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
under Article 34 of the Decree
Article 34 (Advance Notice of should depart from Korea within
Departure When Granting status of his/her authorized period of stay, it
stay, etc.) 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 fact. <Revised, 1995.12.1,
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 -
passport, etc. the purport that the
passport holder shall leave within the
permitted period of stay. <Revised,
1995.12.1, 1997.6.28, 2005.7.5>

Immigration Control law Enforcement Decree Enforcement Regulation

SECTION 2 Departure of SECTION 2 Departure of Foreigners SECTION 2 Departure of


Foreigners 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 Foreigners)
from Korea, s/he shall, with a valid ③ shall apply mutants mustangs to the ① The departure inspection of foreigners
passport, go through departure departure inspection of foreigners under prescribed in Article 35 of the Decree
inspection conducted 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.
Entry and Departure. <Revised omitted from the passport, etc. <Revised, ② A foreigner who has entered and
Dec.12, 1996, Mar.24, 2005〉 1994.6.30, 2005.7.5> 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. ③ The provisions of Articles 2 and 3
the case as referred to in ③ The provisions of Article 15 ⑦ shall shall apply, in relation to the

- 103 -
paragraphs ① and ②. <Revised apply mutants mustangs to the custody preparation and management of the
Dec.12, 1996〉 of forged or altered passport, etc. and foreigner's E/D card. However, the
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.<Revised, with the passenger list, in the case of
the case as referred to in 2005.7.5> group passengers of the tour vessels,
paragraphs ① and ②. 〈Newly etc. <Revised; 1994.7.20.>
Added Dec.12, 1996〉 ④ The provisions of Article 4 shall
apply, in relation to the registration
of a foreign crew member who
departs from the country 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 center who
issued thereon.

Article 29 (Suspension of a
Foreigner's Departure) Article 36 (Suspension of Foreigner’s
The Minister of Justice may Departure)
suspend the departure of a foreigner The provisions of Articles 2, 3, and 5
who falls under any of each shall apply mutants mustangs to the
subparagraph of Article 4-① suspension of a foreigner’s departure
〈Wholly Revised Dec.29, 2001〉 under Article 29 of the Act.

Article 37 (Departure of Foreigner


Whose Departure 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 sus-
pension 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 -
Article 30 (Permission of Re-entry) Article 39-2 (Permission of Re
① If a foreigner who has registered Article38(Delegation of Power on the entry)
or has been exempted from extension period for the reentry) 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 may permit him/her to any other unavoidable circumstances, th permit, along with the data
re-enter Korea upon 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 ② The head of the branch office or
who have, among the statuses of c missions overseas to permit such a f sub-branch office shall send it
stay under the provision of Article oreigner applicant to re-enter Korea n without delay to the Minister of
10-①, a status of stay for ot exceeding 60 days. Justice, along with his opinions when
permanent residence, the Minister of [Newly Added 2003,11.20, revised, he or she has received the
Justice may exempt them from 2008.7.3> 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.> ③ The period of re-entry permit
2〉 shall be determined(set) within the
② The re-entry permission scope(range) of the period of stay
prescribed in paragraph ① is authorized.
classified into a single re-entry ④ The head of the branch office or
permission valid for one time and a sub-branch office shall affix a
multiple re-entry permission valid re-entry permit stamp on the
for twice or more times. passport and write the period of the
③ If a foreigner is unable to re-entry permit or otherwise attach

- 106 -
re-enter Korea within the period the re-entry permit sticker on it
authorized under the provision of when the Minister of Justice
paragraph ① due to any disease or approves the application for the
any inevitable circumstances, s/he re-entry permit under section ①.
shall obtain permission for 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 7④ of the Act.<Revised,
④ The Minister of Justice may 2005.7.8.> <Newly Added,
delegate, pursuant to the provisions 2003.9.24.>
of the Presidential Executive Order,
the authority regarding permission Article 39-3 (Permission for
for the period extension of re-entry Extension of Re-entry Permit)
to the head of a Korean diplomatic ① A person who intends to get the
mission overseas. "permission for extension of re
⑤ The criteria and procedures entry permit" under Article 30① of
regarding re-entry permission, the Act shall submit to the head of
permission of its period extension the Korean mission overseas an
and exemption from re-entry application for permission for
permission shall be prescribed by extension of re-entry permit, along
the Justice Minister's Order. with the data proving the reason
〈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 17. Foreign
Investment(D-8) in the attached
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 is engaged in business
activities continuously. 〈Wholly

- 109 -
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), the
re-entry permit shall 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 the Minister of Justice
receives the inquiries under the
provisions of section ① of this
Article, the already authorized status
of stay and date/period of the
re-entry permit shall be replied to
the head of the Korean mission
overseas through the Minister of
Foreign Affairs and Trade.
<Revised, 2002.4.27.>
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 -
<Revised, 2005.7.8.>
④ When the person who has been
issued the re-entry permit, in
accordance with the proviso of
Article 39-2 of the Decree, has lost
it abroad, the head of the Korean
mission overseas shall issue the
certificate of verification for
re-entry permit according to the
procedures under the provisions of
section ① and ② of this Article.
<Revised, 2006.8.2..>

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. <Revised,
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 reasons therefore,
through the Minister of Foreign
Affairs and Trade. The provision of
Article 8-2 shall apply in this case.
➂ The Minister of Justice shall
decide on the approval of the
petition and, if the petition is
approved, shall specify given
permission period, which is notified
to the head of the diplomatic
missions abroad 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 (Standards for


Exemption from (of) Re-entry
Permit of Permanent Residence

- 113 -
Status Holders, etc.)
➀ A person who holds such a status
of stay as 28-3. Permanent
Residence (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 under
section ➀ above.

Immigration Control law Enforcement Decree Enforcement Regulation

- 114 -
CHAPTER REGISTRATION OF CHAPTER Ⅳ REGISTRATION OF CHAPTER 4. REGISTRATION OF
FOREIGNERS, ETC. FOREIGNERS, ETC. FOREIGNERS, ETC.

SECTION 1 Registration of a SECTION 1 Registration of a SECTION 1 Registration of a


Foreigner Foreigner Foreigner

Article 31 (Registration of Foreigner ) Article 45 (Exception to Registration


① If a foreigner stays in Korea for 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 provision of 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 of office or branch office and other documents as determined by national defense and his/her family
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 the date of his/her 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 registration under the
any of the following sub-paragraphs: having proper jurisdiction over the place provisions of section above, the
1. Staffers and their families of of stay”). <Revised, 2002.4.18, 2005.7.5, Minister of Justice shall notify the fact
foreign diplomatic missions 2007.6.1> to the head of the branch office or
(including embassies and consulates) ② The head of the branch office or sub-branch office having proper
and international organizations in sub-branch office having proper jurisdiction over the place of stay
Korea; jurisdiction over the place of stay shall, (hereinafter referred to as the “head

- 115 -
2. Persons and their families who upon receipt of an application 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 individual foreigner registration
the Government of Korea; and number, enter it on the registered Article 46. Deleted <2002.4.18.>
3. Persons who are invited by the foreigners register, and imprint the
Government of Korea and prescribed passport, etc. with a stamp for the
by the Justice Minister's Order. completion of foreigner
② A person who is granted a status registration.<Revised, 2005.7.5>
of stay pursuant to Article 23, and
continues to stay for more than 90 Article 40-2 (Systems for Number of
days from the date of obtaining the foreigner registration)
status of stay, shall register as ① The number of foreigner registration
foreigner at the very time when to be given under Article 40 ② shall be
obtaining the status of stay, a 13-place number which indicates a date
notwithstanding the provision of of birth, gender, or a registration office,
paragraph ①. etc.
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
his/her entry, shall register 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.
of status of stay, notwithstanding [This Article Newly Added 2002.4.18]

- 116 -
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 have made Foreigner
Registration pursuant to the
provisions of paragraph ① through
③. <Newly Added Dec.5, 2002〉

Article 32 (Matters of Foreigner


Registration)
Matters of foreigner registration,
under Article 31, are as follows;
1. Name, gender, date of birth and
nationality Article 47 (Matters of Foreigner
2. Passport number, date of issue and Registration)
the term of validity Matters of foreigner registration
3. Place of work and position or under Article 32, subsection ⑥ of
affairs in charge the Act shall be as follows ;
4. Address in home country and place (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 3. Matters about an accompanying
6. 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 has received an
application for a foreigner
registration under Article 31 shall
issue a certificate of foreigner Article 41
registration to the foreigner, under
the conditions as prescribed by the ① The head of the branch office or
Presidential Executive Order. 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 who has registered under
or branch office may not issue the Article 31 of the Act (hereinafter referred
certificate of foreigner registration. to as the “registered foreigner”) shall,
② When 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 of certificates of foreigner
17, s/he shall apply for the registration.
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. as a Means to Secure under Article 89 ① request that a
Fulfillment of Obligations) foreigner registered as being short of 17
Any person shall be prohibited from years old be entered as the dependent
committing the act falling under each in his certificate of foreigner registration.
of the following subparagraph: <Revised, 1995.12.1>
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 for employment or an issuance of a certificate of foreigner
fulfillment of obligations. registration along with a passport, etc.,
2. The act of creating a false a certificate of foreigner registration
foreigner registration number 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
3. The act of delivering or circulating having jurisdiction over the place of stay.
the program developed to create a <Revised, 1997.6.28, 2005.7.5>
false foreigner registration number Article 48 (Re-issuance of certificate
to other persons. Article 42 (Reissue of foreigner of foreigner registration)
4. The act of using illegally other registration Certificates) ① When a person who falls under Article

- 119 -
persons' certificate of foreigner ① The head of the branch office or 42, section ①, subsection ① of the
registration. sub-branch office having proper Decree intends to be reissued a
5. The act of using illegally other jurisdiction over the place of stay may certificate of foreigner registration,
persons' foreigner registration reissue a foreigner 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.
following subparagraph: <Revised, ② When the head of the branch office
1995.12.1, 1997.6.28> or sub-branch office having proper
1. Where the certificate of foreigner jurisdiction over the place of stay
registration is lost or missing; reissues a certificate of foreigner
2. Where the certificate of foreigner registration in accordance with the
registration is no longer usable as it is provisions of Article 42 of the Decree,
worn-out; he/she shall use the previous(existing)
3. Where there remain insufficient foreigner registration number, and
columns for entering the necessary record the reason for re-issuance in
matters; or the Remarks of the register of issuance
4. Where any report on a change in of certificate of foreigner registration.
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 of foreigner registration
reissued under paragraph ① shall submit

- 120 -
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. <Revised,
1995.12.1 1997.6.28.>
③ When he reissues a certificate of
Article 34 (Production and foreigner registration, the head of the
Management of the Foreigner branch office or sub-branch office having
Registration File, etc.) proper jurisdiction over the place of stay
① The head of office or branch shall enter necessary matters in the
office who has received the issuance ledger of certificates of
Foreigner Registration under Article foreigner registration, and keep the
31 shall produce and keep the certificate of foreigner registration
Registered Foreigners Record File, submitted under the latter part of

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and produce the Foreigner paragraph ② along with the relevant
Registration File and send it to the records.
head of the Si(city : excluding Article 49 (Production and
special city and metropolitan cities, Article 43 Management of the Foreigner
hereinafter the same), Gun(county) Registration File, etc.)
or Gu(ward : referred to autonomous ① The head of the branch office or ① The head of the branch office or
ward, hereinafter the same) where sub-branch office having proper sub-branch office may make a
the foreigner is staying. <Revised jurisdiction over the place of stay shall preparation of the registered
Dec.12, 1996〉 prepare and keep an individual registered foreigner's record file and foreigner
② The head of Si, Gun or Gu shall, foreigner card under Article 34 ① of the registration file under Article 34,
upon receiving the Foreigner Act. <Revised, 1997.6.28> section of the Act through
Registration File under the provision ② The head of the branch office or computerization affairs processing
of paragraph ①, enter and manage sub-branch office having proper procedures (electronic data processing
"the items to be registered" in jurisdiction over the place of stay shall, procedures)
Foreigner Registration Register. when he grants various permissions, The head of the branch office or
③ Matters necessary for the makes a notifying disposition, or receives sub-branch office having proper
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 Registration File and by entering them in the registered storage file by an individual registered
Foreigner Registration Register, shall foreigner card. foreigner and manage it, along with the
be regulated by the Presidential ③ The head of the Si/Gun/Gu shall keep registered foreigner's record file, and
Executive Order. the foreigners’ register under Article 34 various permissions, or the documents
② of the Act; when a foreigner makes related to the disposition by
the first registration or when receiving notification. However, this shall not
the registered foreigner card as a apply to the case of being handled

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foreigner moves to an area under his through electronic data processing
jurisdiction, he shall manage the relevant procedures.
contents by 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
Matters of foreigner registration) cross out the relevant matters in the
A registered foreigner under the foreigners’ register with red lines and
provision of Article 31 shall report enter the relevant reasons and date.
on the change of foreigner <Revised, 1995.12.1, 1997.6.28, 2002.4.18>
registration items to the head of ④ The head of the Si/Gun/Gu shall keep
office or branch office having the the registered foreigner card of a
jurisdiction over his/her stay within foreigner, for whom a notice of
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.
subparagraph is changed: <Revised Article 49-2 (Report on Change in
Dec.12, 1996, Dec.29, 2001〉 Article 44 (Report on Changes in Matters Matters of Foreigner Registration)
1. Name, gender, date of birth and of foreigner registration)
nationality ① A person who intends to report any In Article 35-3 of the Act, the
2. Passport number, date of issue, changes under Article 35 of the Act shall term "matters prescribed by the

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the term of validity submit to the head of the branch office Justice Minister's Order means the
3. Other items as prescribed by the or sub-branch office having proper matters falling under any of the
Justice Minister's Order. jurisdiction over his place of stay, a following sub-sections.<Revised,
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. <Revised, 1997.6.28, /Arts(D-1) 11. international
2005.7.5> students(D-2), or 13. General
② Upon receipt of a report on changes Training(D-4) status 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
Article 36 (Report on Change of stay foreigner registration with respect to the such a status of stay as 14. News
Place) changed matters under subparagraph 1 Report(D-5) through 18. Trade
① When a registered foreigner under of Article 35 of the Act, and forward a Management(D-9) status specified
the provision of Article 31 has copy of the report on changes in matters in the attached Table 1 of the
changed the place of stay, s/he of foreigner registration to the head of Decree, change of the relevant
shall, pursuant to the Presidential the Si/Gun/Gu wherein the foreigner agency or organization name <Newly
Executive Order, make a moving-in stays. <Revised, Dec. 1,1995; June 28, 1997> 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 the change of training

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within 14 days. 〈Revised Dec.22, of foreigner registration up to date. institute(s)(inclusive of the change
1994, Dec.12, 1996, Dec.29, 2001〉 of names) for those who belong to
② When a foreigner makes a report Article 45 (Report on Change of stay Place) 18-2. Job-seeking (D-10)
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 foreigner registration. In this person who has changed his place of stay the fact(s) on the start of
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 card and then return it to office or sub-branch office having proper institute, a group, or a corporation.
him/her. jurisdiction over a new place of stay. 5. Among the statuses of stay in
〈Revised Dec.29, 2001〉 <Revised, Dec.31, 1994; June 28, 1997; Table 1 of the Enforcement Decree,
③ The head of office or branch April 18, 2002> 31. when there is a change of an
office who has received a ② The head of the Si/Gun/Gu or the head individual, an institute, a group, or a
moving-in report under the of the branch office or sub-branch office corporation (inclusive of name
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 by an individual, an
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 <Newly Added, April 27, 2002;
④ The head of Si․Gun or Gu who has stamping a seal for completion of a report Revised July3, 2007>
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 place of stay from the sub-branch office having proper

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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 <Revised, 2002.4.18>
transfer of the Foreigner ③ The head of the branch office or
Registration File accompanied by a sub-branch office having proper
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 the certificate of foreigner registration
1〉 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 to transfer the Foreigner and the latter shall without delay adjust
Registration File, under the provision such a card up to date. <Newly Added,
of paragraph ④, shall transfer it to 1997.6.28.>
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 Presidential
Executive Order, 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 a foreigner who has
registered under the provision of
Article 31 departs from Korea, s/he
shall return his/her certificate of
foreigner registration to the
immigration officer. However,
exceptional if s/he falls under any of
the following sub-paragraphs:
〈Revised Dec.10, 1992〉

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1. In case a foreigner, who has
obtained the re-entry 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, who has delay, the head of the branch office or
received the Refugee Travel sub-branch office having proper
Document, intends to return 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. <Revised, 1995.12.1.>
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<Revised, 2008.7.3>
sub-paragraphs of Article 31-①, 1. When a registered foreigner becomes
s/he shall return the certificate of a Korean national, within 14days after
foreigner registration under the the resident registration, the principal,
conditions as prescribed by the his spouse, parents, or the person

- 128 -
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 office having proper
registration returned under 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 the documents verifying an
prescribed by the Presidential acquisition of the nationality of the
Executive Order, notify the fact Republic of Korea, within 14 days
without delay to the head of Si․Gun Starting from the day of registration
or Gu of the place of stay. for residency status.<revised,
④ The head of office or branch Jul.3.2008>
office may, when deemed necessary 2. When a registered foreigner dies, his
for the national interest, temporarily spouse, parents, the person under
take in custody of the certificate of Article 89 ①, or the owner or
foreigner registration of the manager of the building or land in
foreigner falling under any of which he dies shall submit the
subparagraph of paragraph ①. foreigner registration certificate along
⑤ In the case of paragraph ④, when with a medical certificate, death
the foreigner has re-entered Korea certificate, or other documents
within the permitted period, s/he verifying the fact of death, to the head
shall have his/her certificate 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 date of learning his death, or
not re-entered Korea within the within 30 days from the date of his

- 129 -
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 to the provision of the Act, he shall submit the foreigner
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) of the Si/Gun/Gu of his place of stay.
① A foreigner who falls under any of <Amended by Presidential Executive
the following sub-paragraphs shall Order No. 15417, Jun. 28, 1997>
be finger-printed pursuant to the ④ The head of the Si/Gun/Gu in receipt
provisions of the Presidential of a notification under para- graph ③ shall
Executive Order: 〈Revised Feb.5, adjust without delay the certificate of

- 130 -
1999〉 foreigner registration up to date.
1. Deleted 〈Dec.31, 2003〉 ⑤ The head of the branch office or
2. A foreigner who is under sub-branch office shall, when taking a
investigation in violation of this Act foreigner registration certificate in
or a criminal investigation in temporary custody under Article 37 ④
violation of other Acts; of the Act, deliver a certificate of custody
3. A foreigner whose identity is not after entering the relevant fact in the
established; and register of articles in custody, and return
4. Other foreigners who are deemed it without delay upon a receipt of a request
especially necessary to be for its return under paragraph ⑤ of the Article 50 (Fingerprinting)
finger-printed by the Minister of same Article after its custody. Matters not prescribed by these
Justice for the security and interest Rules, in respect of fingerprinting
of Korea. Article 47 (Fingerprinting) under Article 47 of the Decree, shall
② The head of office or branch ① With respect to the foreigner to be be made by the method the
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 office having proper
etc., against a foreigner refusing to jurisdiction over the place of stay or the Article 51 (Tips for Writing the
be fingerprint as referred to in head of the foreigners’ immigration Original Sheet of Foreigner's
paragraph detention center (hereinafter referred to Fingerprints)
as the “head of the immigration detention 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 a branch officer shall record
paste it on the original fingerprint sheet, directly, in respect of the original
and enter the necessary matters, such sheet of foreigner's fingerprints

- 131 -
as personal details, thereon. <Revised, 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.
<Revised, > 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 4. He fills in the estimated age on
Act or this Decree. the blank for birthdate of a person
③ The head of the branch office or whose date of birth is unknown,
sub-branch office having proper 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.<Revised 2007.12.31.>
shall forward the original sheet of 6. He fills in the latest address on

- 132 -
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 the following blanks of the
④ The head of the branch office or original sheet of foreigner's
sub-branch office having proper fingerprints.
jurisdiction over the place of stay or the 1. The blank for nationality, name,
head of the immigration detention center gender, birthdate, permanent domicile
may request the agency, which has and address in Korea<Revised
received and manages the original sheet 2007.12.31>
of foreigner’s fingerprint 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, matters of being under
sentence, disposition by the
prosecutor and judicial police officer,
referred records and receipts, in

- 133 -
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 office/immigration
detention 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 original sheet of foreigner's
Article 43 Deleted 〈Feb.5, 1999〉 fingerprints, the head of the branch
Article 44 Deleted 〈Feb.5, 1999〉 office/sub-branch office/immigration
Article 45 Deleted 〈Feb.5, 1999〉 detention center shall notify the fact
to the Commissioner of the National
Police Agency.

- 134 -
SECTION 2. Registration of Foreign
Organization

Article 53, Deleted. <1999.2.26.>

SECTION 2 Deleted.

Articles 48 through 56 Deleted. <


1999.2.26.>

Immigration Control law Enforcement Decree Enforcement Regulation

CHAPTER CHAPTER Ⅴ Forced Removal, CHAPTER

SECTION 1 Persons to be removed SECTION 1 Forced Removal and


Investigation <Revised, 2003.9.24.>

Article 46 (Persons to be removed) Article 54 (forced removal of Persons


① The head of office, branch office Subject to Permanent Residence
or immigration detention center may Status)
deport those falling under any of The term " person specified in the
the following subparagraph from Justice Minister's Order" under

- 135 -
Korea, pursuant to the procedures Article 48, section , subsection ②
prescribed in this Chapter: of the Act means a person who falls
〈Revised Dec.10, 1993, Dec.12, under any of the following
1996, Dec.29, 2001, Mar.24, 2005〉 sub-sections and whose forced
1. A person who has violated the 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 Chapter 38 of the「Criminal
under any of sub-paragraphs of Act」
Article 11-① after entry; 2. A person who has violated the
3. A person who has violated the 「Sexual Violence Punishment and
provisions of Article 12-① and ②, 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; 「 Specific Crimes Aggravated
5. A person who has landed in Korea Punishment, etc. Act」
without obtaining permission under 5. A person who has violated the
the provisions of Article 14-①, 「National Security Act」
Article 15-①, Article 16-① or 6. A person who has violated Article

- 136 -
Article 16-2-①; 4 of the「Violent Activity, etc.
6. A person who has broken the Punishment Act」
conditions imposed by the head of 7. A person who has violated the
office or branch office, or an 「Public Health Crime Enforcement
Immigration officer pursuant to the Special Measures Act」
provisions of Article 14-③, Article [Newly Added, 2003.9.24.]
15-②, Article 16-② or Article
16-2-②; Article 54-2 (Persons Subject to
7. A person who has violated the forced removal)
provisions of Article 17-① and ②, The term "person specified by the
Article 18, Article 20, Article 21, Justice Minister's Order" under
Article 23, Article 24 or Article 25; Article 46 ① 12 of the Act means a
8. A person who has violated person who falls under any of the
restrictions on the place of following sub-sections and whose
residence, the scope of activities or forced removal is deemed to be
other obligations set by the Minister considerable by the head of the
of Justice under the provision of branch office/ sub-branch
Article 22; office/immigration detention center.
9. A person who has attempted to 1. A person who has committed a
depart from Korea in violation of the crime falling under any of the
provision of Article 28. sub-sections of Article 54 .
10. A person who has violated the 2. A person who has violated the
provision of Article 31; 「Act on the Exercise of Sovereign
11. A person who has been released Rights on Foreigners' Fishing, etc.
after being sentenced to Within the Exclusive Economic Zon

- 137 -
imprisonment or heavier penalty; and e」
12. Other persons corresponding to 3. A person who has violated the
the sub-paragraphs 1 through 11, 「Territorial Sea and Contiguous
who is prescribed by the Justice Zone Act」② [Newly Added,
Minister's Order. 2005.7.8.]
② Notwithstanding the provision of
paragraph ①, a person who has a
status of stay for permanent
residence under the 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 -
provisions of Article 12-2-① or ②,
or has abetted or aided such
violation.

Immigration Control law Enforcement Decree Enforcement Regulation

SECTION 2 Investigation SECTION 1 Investigation

Article 47(Investigation) Article 57 (Report of Acknowledgement) Article 54-3 <Revised, 2005.7.8.>


An Immigration officer 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 shall prepare a report on suspected offense" under Article 57
suspected of falling under any acknowledgment of suspected facts, and of the Decree or a "notice of
subparagraph of Article 46-①. submit it to the head of the branch office adjudication on the immigration
〈Revised Dec.5, 2002〉 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
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 Article 58 (Demand for Attendance) Article 55 (Approval of Request for
Appearance, and Questioning) ① When he intends to demand the 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 to appear and question demand for attendance, indicating the Article 58 of the Decree, he or she
him/her. purport of such demand, the date, time shall obtain the approval of the head
② When an immigration officer and location of attendance, and enter the of the branch office or sub-branch
conducts questioning under the fact of relevant issuance in the issuance office or immigration detention
provision of paragraph ①, he/she register of attendance demands. center in advance. However, when a
shall have another Immigration ② When a demand for attendance under branch officer intends to request the
officer participate. paragraph ① is urgently needed, an appearance without getting the
③ A suspect's statement made during immigration officer may make an oral approval for urgent reasons, he or
the questioning under the provision demand. she shall report it without delay and
of the paragraph ① shall be obtain the approval.
recorded in a protocol. Article 59 (Investigation Record)

- 140 -
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 1. Nationality, name, gender, date of birth,
that, an immigration officer shall ask address and occupation;
the suspect whether or not the 2. Matters regarding entry or departure
protocol is corresponding to his/her and stay;
statement. Provided that the suspect 3. Details of suspected facts; and
asks for any addition, deletion or 4. Other necessary matters, such as
change in the contents thereof, the criminal records, etc.
immigration officer shall record the ② When an interpretation or translation
statement in the protocol. is exercised under Article 48 ⑥ or ⑦
⑤ An immigration officer shall have of the Act, the interpreter or translator
the suspect sign or stamp after shall be required to affix his seal on the
inter-sealing each page of the boundary of pages, and sign or affix his
protocol. If the suspect is unable or signature and seal on the record.
refuseㄴ to sign or stamp, the
immigration officer shall record the
fact in the protocol.
⑥ For the statement of a person
who can not speak Korean or is
aurally handicapped or 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.
and hear his/her statement. ② If the contents of a statement is
② The provisions of Article 48-② complicated or a witness wants so, the
through ⑦ shall be applied, mutants statement may be made in writing.
mustangs, to the case of 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

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the suspect's consent, his/her Article 47 of the Act, An immigration
residence or objects, or request the officer may if the suspect denies the
suspect to submit documents or suspected facts or where deemed that
objects. 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 Article 61 of this Decree, an of the Decree, he or she shall
immigration officer shall prepare a record deliver a copy of the list of
of furnished items indicating the submitted objects to the person who
particulars of furnishing, and a list of has submitted them.
furnished items indicating the features
and quantity of furnished items. Article 57 (Procedures for Custody
② A record of furnished items and a list and Return of Submitted Objects)
of furnished items under paragraph ① ① When a branch officer has been
may be substituted with entering the submitted documents and objects
matters regarding the furnished items in under the provisions of Article 50 of

- 143 -
the investigation record under Article 59 the Act and Article 61 of the
① or the statement under Article 60. Decree, he or she shall indicate the
fact in the custody 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 Article, he or she shall
indicate the fact in the 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.

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Immigration Control law Enforcement Decree Enforcement Regulation

SECTION 4 Examination and SECTION 3 Examination and Objection SECTION 3. Issuance of a Forced
Objection Removal Order

Article 58 (Examination and Article 72 (Written Notice of Decision on


Decision) Examination)
When 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 center shall he/she has made a decision on
immediately examine and decide examination under Article 58 of the Act,
whether the suspect falls any of prepare a written notice of decision on
sub-paragraphs of Article 46-①. examination indicating the judgment,
〈Revised Dec.5, 2002〉 reasons and applicable provisions, etc.

- 145 -
Article 59 (Procedures after Article 73 (Procedure after Examination) Article 62 (Issuance of a forced
Examination) When the suspect is detained in the removal order)
① When, as a result of the immigration detention center for When the head of the branch office
examination, 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 forced
sub-paragraphs of Article 46-①, Act, the head of the branch office or removal order under Article 59,
the head of office, branch office or sub-branch office or the head of the section ② of the Act, he or she
immigration detention center shall immigration detention center shall shall indicate the fact in the offense
immediately inform the fact to the forward a written request for canceling record.
suspect, and if the suspect is the detention indicating the reasons for <Revised, 1997.7.1.>
detained, the head shall immediately a release from the detention to the head
terminate the detention. 〈Revised of the foreigner detention camp, etc.
Dec.5, 2002〉
② When, as a result of the Article 74 (forced removal order) Article 63 (How to Fill out a forced
examination, the suspect is When he has made a decision on a forced removal order)
considered to fall under any of removal order under Article 59 ② of the The head of the branch office or
sub-paragraphs of Article 46-①, Act, the head of the branch office or sub-branch office or immigration
the head of office, branch office or sub-branch office or the head of the detention center shall indicate the
immigration detention center may immigration detention center shall issue applicable provisions, reason for
issue the Order of forced removal. a written notice of forced removal order forced removal, country of
〈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 or immigration detention duplicate to the suspect.

- 146 -
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, he/she shall submit an detention camp shall forward it without
application for objection to the delay to the Minister of Justice, with his
Minister of Justice within 7 days opinions attached thereto, upon receipt
from the date on which he/she of a written application for objection
received the Order of forced removal under Article 60 ① of the Act,.
by way of the head of office, branch ② Upon making a decision under Article
office or immigration detention 60 ③ of the Act, the Minister of Justice
center. shall prepare a written notice of decision
② When receiving an application for on the objection indicating the judgment,
objection under the provision of reasons and applicable provisions, and
paragraph ①, the head of office, deliver it to the suspect, through the head
branch office or 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
③ When receiving an application for made.
objection, etc. under as referred to ③ When the suspect is detained in the

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in paragraph ① and ②, the Minister immigration detention center for
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 detention center shall
④ When the head of office, branch forward a written request for cancelling
office or immigration detention the detention indicating the reasons for
center has received from the cancellation of the detention to the head
Minister of Justice a notification of of the immigration detention center for
decision that the objection is foreigners, etc.
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 Article 76 (Special Cases of stay
the provision of Article 60-③, even 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 under any of the following
special circumstances that would subparagraph: <Amended by Presidential
allow for him/her to stay in Korea. Executive Order No. 17579, Apr. 18, 2002>
② The Minister of Justice m ay, 1. Where the suspect has such status as
when granting the permission as status of stay 28-3. Permanent Residence
referred to in paragraph ①, set the (F-5) in the attached Table 1;
period of stay and impose other 2. Where the suspect has been awarded
necessary conditions. 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 Enforcement Regulation

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 ①Upon executing a forced removal order
be executed by an immigration under Article 62 ① of the Act, an
officer. immigration officer shall confirm whether
② The head of office, branch office 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 foreigner have been
of forced removal to a judicial police returned.
- 150 -
officer. ② Upon requesting the services of a
③ At the execution of the Order of judicial police officer for the execution
forced removal, the officer 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, and repatriate immediately office or sub-branch office or the head
him/her to the country of of the immigration detention center shall
repatriation prescribed in 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 provision of Article 76, an be made, while delivering only a written
immigration officer may transfer notice of deportation order.
him/her to the head of vessels, etc. ③ When he/she has finished a repatriation
or the carrier. 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 Article 78 (Detention of Persons Subjected
and the Release of Detention) to forced removal orders, and Re- lease
① When it is impossible to repatriate from Detention)
immediately the person under the ① When he/she intends to detain a person
Order of forced removal outside subjected to a deportation order until
Korea, the head of office, branch his/her repatriation is possible under
office or immigration detention Article 63 ① of the Act, the head of the
center may detain 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
other places designated by the order for a forced removal, and show it

- 152 -
Minister of Justice until the to the person subjected to the forced
repatriation is possible. 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 the Act, The head of
removal can not be repatriated due the branch office or sub-branch office
to various reasons such as 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 detention center may reasons for release from a detention,
terminate the detention by imposing residence restriction, and other
residence restriction and other necessary conditions to the person
necessary conditions. 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 is released from a detention under
Repatriated) paragraph ②, including whether a
① A person under the Order of residence restriction and other
forced removal shall be repatriated 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 -
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.
<Newly Added Dec.12, 1993〉

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) Article 58 (Register of a Detention
① In case there is a considerable ① When he applies for an issuance of the Order)
reason to suspect that a foreigner detention order under Article 51 ② of ① The head of the branch office or
falls under any of sub-paragraphs of the Act, an immigration officer shall sub-branch office or immigration
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 a "detention order" under
may detain the foreigner after detention center a written application for Article 51, section ① of the Act,
obtaining the Detention Order issued an issuance of the detention order indicate the fact in the register of
by the head of office, branch office indicating the reasons for detention, detention order.
or immigration detention center. along with the data of investigation. ② A branch officer shall, when

- 155 -
〈Revised Dec.5, 2002〉 ② An immigration officer shall, when the he/she takes measures falling under
② When applying for the issuance of head of the branch office or sub-branch any of the following subsections,
the Detention Order under the office or the head of the immigration indicate the fact in the register of
provision of paragraph ①, an detention center has decided on the detention order. <Revised, Jul. 1, 1997,
immigration officer shall submit an detention order with regard to the Apr. 27, 2002>
application with materials proving application under paragraph ①, obtain an 1. Extension of the detention period
the necessity of the detention. issuance of the detention order indicating under Article 65 of the Decree.
③ In case there is a considerable the reasons, place, and period of the 2. Delivery of a detention notice
reason to suspect that a foreigner detention from the head of the branch under Article 68 of the Decree.
falls any of sub-paragraphs 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
enough time to get ㅁ Detention 3. Delivery of a notice of change in
Order from the head of office, Article 64 (Request for Detention, etc.) detention matters under Article 60.
branch office or immigration ① When he/she intends to detain a suspect 4. Revocation of detention (including
detention center, an immigration or a person subjected to a forced removal temporary release from detention).
officer may detain the foreigner by order under Articles 51 ① and 63 ① of ③ A branch officer shall indicate the
issuing the Urgent Detention Order the Act in an immigration detention center fact in the register of urgent
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" under
④ In case an immigration officer of Justice (herein after referred to as the Article 64, section ② of the Decree.
detains a foreigner pursuant to the “immigration detention center for
provision of paragraph ③, he/she foreigners, etc.”), an immigration officer
shall obtain the Detention Order shall obtain an issuance of the written
within 48 hours and show it to the request for detention indicating the

- 156 -
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. <Amended by
Presidential Executive Order No. 16120,
Feb. 26, 1999>
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 enforcement, An
immigration officer shall obtain 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. <Newly Added
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. <Revised, Apr. 18,
2002>
Article 52 (The Period of Detention Article 59 (Designation of Detention
and The Place 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, section ② and Article 63,
period of detention can be extended officer shall obtain an issuance of the section ① of the Act means a
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 indicating the period of and place designated by the Minister of
of the head of office, branch office reasons for an extension, and the Justice
or immigration detention center. applicable provisions, etc, from the head
② The place of detention shall be of the branch office or sub-branch office
the immigration detention room, or the head of the immigration detention
immigration detention center, and center.
other places designated by the ② When issued with a permit to extend

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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 ①, an immigration
officer shall immediately 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 is detained in the immigration detention
Detention Order) center for foreigners, etc.
When an Immigration officer
executes the Detention Order, he/she Article 67 (Duty of Head of
shall present it to the suspect. immigration detention center for
foreigners, etc.)
When requested by the head of the branch
office or sub-branch office or the head

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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. <Amended by
When an Immigration officer detains Presidential Decree No. 18097, Sep. 1, Article 60 (Delivery of Notice of
a suspect, he/she shall notify in 2003> Change in Detention Matters)
writing the date, time, location and When a branch officer changes a
reason of detention to the suspect's Article 68 (Notification of Detention) detention place under Article 54 of
, spouse, immediate relatives, The notification of detention under the Act, or extends the period of
siblings, family members, 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 of the Decree, he/she shall
"legal representative, etc.), or a the reason for, and the day and time, and deliver a "notice of change in
person designated by the suspect place of the detention, and the purport detention matters" to a person
living in Korea within 3 days. that an objection may be raised. specified in Article 54 of the Act.
However, if there is no legal
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 -
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 of paragraph ①, he/she of the immigration detention center a
shall, without delay, review related written application for objection, along
documents. If the objection is with the data vindicating the reasons
considered as groundless, he/she therefore.
shall, by decision, dismiss it, and if ② The head of the branch office or
the objection is considered as sub-branch office or the head of 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
③ When needed for making the without delay to the Minister of Justice,
decision under paragraph ②, the with his opinions attached thereto.
Minister of Justice may hear the
statements of the person related Article 70 (Decisions on Objection to
prior to making the decision. 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
Foreigners) written request for cancelling the
① An immigration officer may detention shall be forwarded to the head Article 61 (Register of a Temporary
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
under any of following or sub-branch office issues a
sub-paragraphs, within the limit of Article 71 (Temporary Detention of "temporary detention order" under
48 hours: Foreigner) Article 71, section ① of the Decree
〈Revised Dec.12, 1996〉 ① When he/she intends to temporarily or a "permit for extension of
1. A person who has not been detain a foreigner under Article 56 ① of temporary detention period" under
permitted to enter the country, the Act, an immigration officer shall Article 71, section ③ of the Decree,

- 163 -
pursuant to the provision of Article obtain an issuance of a written order of he/she shall indicate the fact in the
12-④; temporary detention from the head of the register of temporary detention order.
2. A person who has been granted branch office or sub-branch office, and <Revised, 1997.7.1.>
Conditional Entry Permission under show it to the relevant foreigner.
the provision of Article 13-①, and ② The written order of temporary
who has a considerable reason to detention under paragraph ① shall
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 ③ When he/she intends to extend the
leave Korea, pursuant to 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 due to lack of <Newly Added by Presidential Executive
transportation, disease, or other Order No. 15417, Jun. 28, 1997>
unavoidable circumstances, 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 under the
provision of Article 52-②
(hereinafter referred to as "detention
facilities") due to natural disasters,
fire or other emergencies, the head
of office, branch office or
immigration detention center may
transfer those who have been in
custody at the detention facilities
(hereinafter referred to as
"detainees") to other places.
② Where it is judged that the
transfer under paragraph ① is
impossible, the head of office,
branch office or immigration
detention center may terminate the
detention of foreigners.
〈Newly Added Mar.24, 2005〉

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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, an
immigration officer may exercise
legitimate physical force on the
detainee and isolate him/her from
other detainees.
1. When a detainee intends to
commit a suicide or 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.

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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 the safety and
order of detention 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 legitimate physical
force under paragraph ①, 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 that are considered
especially necessary for the
management of detainees, and which
are provided by the Justice
Minister's Order.
⑤ With regard to the use of
restraining devices and the
procedure for using them under the
provision of paragraph ④ shall be
regulated by the Presidential
Executive Order.
〈Newly Added Mar.24, 2005〉

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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, branch office or
immigration detention center shall
give permission for it, with 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 matters on the
procedures for permission of
meeting, correspondence 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 and supervisory
equipment under paragraph ①shall
be installed and operated to the
minimum necessary extent, in
consideration of detainees' privacy.
〈Newly Added Mar.24, 2005〉

Article 57 (Treatment for Detainees)


The facilities of immigration
detention room and immigration
detention center, the treatment,
supplies, guard for detainees, and
other necessary matters shall be
regulated by the Justice Minister's
Order.

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Immigration Control law Enforcement Decree Enforcement Regulation

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 of forced removal, his/her Article 65 ① of the Act shall submit an
guarantor or legal representative, application for temporary release, along
etc. may request the head of office, with data vindicating the reasons for an
branch office or immigration application and the capability of paying
detention center for a 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 provisions of the Presidential immigration detention center.
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 of office, branch office or office or the head of the immigration
immigration detention center may detention center shall prepare a written

- 172 -
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 of the 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.
exceeding 10 million Won deposited ③ When a decision has been made on a
and by imposing residence temporary release from the detention in
restriction and other necessary the case of paragraph ②, the relevant
conditions. written notice of decision shall contain
③ The procedures for deposit and 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 that a temporary release from
the Presidential Executive Order. detention may be revoked and a bond may
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 is detained in the
immigration detention center for
foreigners, 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. <Amended
by Presidential Executive Order No.
Article 66 (Cancellation of 15417, Jun. 28, 1997>
Temporary Release from Detention)
① When the person released Article 80 (Cancellation of Temporary
temporarily from detention has fled, 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 justifiable the head of the branch office or
reasons, or has breached other sub-branch office or the head of the
conditions imposed on the temporary immigration detention center shall
release from detention, the head of deliver the relevant written notice of
office, branch office or immigration cancellation, indicating the reason for
detention center may cancel the cancellation, place of detention, etc. to
temporary release from detention the applicant for temporary release from
and take measures to detain him/her detention, and detain without delay the
again. suspect once again.
② When canceling the temporary 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 of office, branch office or National Treasury under Article 66 ② of
immigration detention center may the Act.
issue a written cancellation of
temporary release from 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.

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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 67 (Recommendation for Article 81 (Recommendation for Departure) Article 64 (Issuance of a Departure
Departure) For the purpose of Article 67 ① 1 of the Recommendation)
① If a foreigner staying in Korea falls Act, the term “through a minor offense” When the head of the branch office
under any of the following means a person who has violated Articles or sub-branch office issues a
sub-paragraphs, the head of office or 17 and 20 of the Act for the first time, departure recommendation under
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 violation is less than 10 days. he/she shall indicate the fact in the
1. In case a person who has violated <Amended by Presidential Executive offense record.
the provisions of Article 17 and 20, Order No. 14301, Jun. 30, 1994> <Revised, 1997.7.1.>
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 -
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: office or sub-branch office or
〈Revised Dec.10, 1993, Dec.12, 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
2. A person who has not complied days from the date of its issuance.
with the exit order under the ② When the head of the branch
provision of Article 67; office or sub-branch office or
3. A person against whom all kinds 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 the fact in the offense
is considered appropriate to make record.
him/her depart from Korea after a <Revised, 1997.7.1>
disposition of a negligence fine
pursuant to the provisions of Article
100-① through ③; and
4. A person against whom it is
considered appropriate to 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 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 -
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 for Departure, or has
breached any conditions imposed
under the provision of paragraph ③.

Immigration Control law Enforcement Decree Enforcement Regulation


- 179 -
CHAPTER 7 INSPECTION OF CHAPTER Ⅵ CHAPTER 6. INSPECTION OF
VESSELS, ETC. VESSELS, ETC.

Article 69 (Inspection and Article 82 Article 65-2 (Search of Vessels,


Examination of Vessels, etc.) 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 the Act may be substituted
immigration officer. confirm the matters under any of the by(with) documents inspection in the
② When any unavoidable cause occurs following sub-paragraphs: <Revised, following cases:
for the vessels, etc. to enter or 1994.6.30, 2005.7.5> 1. When it is dangerous to board the
depart from ㅁ port other than a 1. Whether or not the passport, etc. is vessel due to storm, etc.
Port of Entry and Departure, the valid; 2. When the vessel, etc. enters and
head of vessels, etc. or the carrier 2. Whether or not the crew or passengers departs other domestic ports after
shall submit in advance the written are on board under the justifiable making a port call at the domestic
Notification of Scheduled Vessels procedures; port
under the provision of Article 74 to 3. Whether or not the crew or passengers 3. When it is deemed unnecessary to
the head of office or branch office on board coincide with those on the list search on board the vessel, etc.
with materials explaining the cause, of crew and passengers submitted under ② Deleted <1999.2.27.>
and undergo the inspection as Article 75 ① of the Act; [Newly Added, 1994.7.20.]
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 5. Whether or not any of the crew or

- 180 -
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. passengers has not returned to the ship,
③ When an immigration officer etc. not later than the search, in the case
performs the inspection under of an outgoing ship;
paragraphs ① and ②, he/she shall 7. Whether or not anyone other than a crew
examine items of the following or passenger has trespassed the ship, etc.
sub-paragraphs: without permission for embarkation; and
1. Whether crew members 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 absconded from the vessels, etc.
etc.; ② The head of the branch office or
2. Whether any one has boarded the sub-branch office may, when a departure
vessels, etc. who intends to of the ship, etc. is likely to be delayed
unlawfully enter or depart from due to a search on board by the
Korea in violation of laws; and immigration control officials under
3. Whether any one has boarded the paragraph ①, or if deemed necessary
vessels, etc. who has not obtained otherwise, require the crew and
the permission of boarding under the passengers to submit the necessary
provision of Article 72. documents, such as passports, etc.
④ An immigration officer may, when before a departure of the ship, etc. and
performing the inspection and have the eligibilities of the crew and
examination pursuant to the passengers examined in advance.

- 181 -
provisions of paragraph ① through <Revised, Jul.5.2005>
③, request the head of vessels, etc.
to present or let the immigration Article 82-2 (Scope of Ship, etc. Subject
officer peruse a log book and other to Search and Examination)
necessary documents. The scope of ship, etc. subject to search
⑤ An 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: <Revised, Jun. 28, 1997>
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 2. The ship, etc. of the Republic of Korea
may, pursuant to the Justice or a foreign country that plies between
Minister's Order, substitute the domestic ports and pelagic areas
examination of documents for the (excluding an operational ship without
inspection of vessels, etc. 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 <Newly Added, Jun. 30, 1994]
cause, report the fact to the head of
office or branch office, and shall Article 83 (Search and Entry or Departure
undergo the inspection again just Inspection at Places other than
before the vessels, etc. leaves the Immigration Ports)
port. 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 (Inspection and such a purport shall be immediately
Examination of Vessels, 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 unexpected
circumstances such 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 of entry and
departure under the provision 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 the temporary
suspension of departure, order to
return, or restriction on 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 approach the immigration
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 the branch office or
of office or branch office. the reason for embarking: provided that sub-branch office shall issue a
② The paragraph ① is also applied to when there exist any inevitable reasons, "permit to board the vessel and
the case where a person other than the head of the ship, etc. or a forwarder approach the immigration inspection
an immigration officer intends to may vicariously submit the application. area".
enter and out of immigration ② When a person intending to board the ② When he/she issues a "permit to
clearance areas. 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 of the branch office or
other places than the immigration ports, sub-branch office shall record the
desires to obtain permission on fact in the register of the said
embarkation under Article 72 ① of the permit. <Newly Added, 1994.7.20.>
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 -
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. <Newly 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.<Newly Added, 2002.4.18.>
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 Enforcement Regulation


- 188 -
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:<Revised Mar.24, 2005〉
1. To prevent a person who has not
obtain 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 crew members or
passengers from 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 by an
immigration officer when deemed
particularly necessary to 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 7-
①, Article 7-2, or Article 12-2-
①; 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. Article 86 (Scheduled Entry and Departure Article 67 (Arrival/Departure
or the carrier shall submit in 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 give a scheduled entry 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 time and other necessary Act 24 hours at the latest prior to an entry place other than the said port
matters. However, if any unexpected and departure of the relevant ship, etc.: without making notice of scheduled
accidents occur, such as an provided that this shall not apply to the vessels under the provisions of
emergency landing of 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 natural disaster, trouble of
etc. or the carrier shall immediately reasons. apparatus, evacuation, or other
notify the fact. 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 office right after the
vessel, etc. arrives at the port.
<Revised, 1999.2.27.>
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.
<Newly 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: <Newly Added,
2005.7.8.>
1. When natural disaster, power
failure, or information system/
network failure occurs due to similar
conditions

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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 office recognizes the
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 Crew List and the shall, upon undergoing a search under
Passenger List stating items Article 69 of the Act, submit a report on
prescribed by the Presidential entry and departure under Article 75 ①
Executive Order to the head of of the Act: provided that upon undergoing
office or branch office. an 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 ② The head of an aircraft entering or
submitted in the standardized departing from an immigration port, or
electronic document. If 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

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circumstances prescribed in the paragraph ①, substitute it with a
Justice Minister's Order, 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 International Civil Aviation
office and then may submit it in a Organization with respect to a report on
form of paper document.(Newly entry and departure.
Added Mar.24,2005〉 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 be regulated by the 6. whether or not transit passenger
Presidential Executive Order. (applicable only to passenger)
<Newly Added. Mar. 24. 2005.> 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 following<newly added, July 5,
refers both a passport and a 2005>
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

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office and prevent the person from 4. departing port and departing hour
landing. <Revised Mar.24, 2005〉 5. routing place and routing hour
⑤ The head of vessels, etc. or the 6. port of entry and entry hour
carrier that depart from a port of 7. number of crew, passenger, and
Entry and Departure or a port other transit passenger
than the port of Entry and Departure ④ The head(s) of immigration branch or
shall report to the head of office or sub-branch office may request the
branch office on whether or not a head(s) of an airplane or carrier, without
crew member has returned 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
submitted in the standardized electronic
format under Article 75-1 and-2 of the
Act. <newly added, July 5, 2005>
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

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carrier carrying a foreigner who falls of Korean port.<Revised, July 5, 2005>
under any of the following
sub-paragraphs, shall 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 head of vessels, etc. or the the head of the ship, etc. or a forwarder
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 7-① through ④, Article order: provided that where it is a matter
10-①. of urgency, he may make an oral demand,
2. A person whose entry has and in this case, he shall deliver without
prohibited or refused under Article delay a repatriation order.
11. 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.

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Immigration Control law Enforcement Decree Enforcement Regulation

CHAPTER 9 SUPPLEMENTARY CHAPTER Ⅷ SUPPLEMENTARY CHAPTER 7. SUPPLEMENTARY


PROVISIONS PROVISIONS PROVISIONS

Article 77 (Carrying and Use of Arms, Article 68 (Report on Attribution to

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etc.) 〈Revised Dec.29, 2001〉 the National Treasury of Deposited
① An immigration officer may carry Bond)
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 referred to as "arms, or Article 66, he/she shall report the
etc.") when it is necessary to facts to the Minister of Justice.
perform his/her duties.〈Revised
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 Article 88-9(Use of Personal


agency(agencies) Concerned) Information Data such as Criminal
① When needed for the investigation Record Check, etc. )
as prescribed in Article 47, the ①With regard to Article 78-2 of the
investigation concerning 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 such as granting personal
investigation of an immigration identification number(PIN) to the

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offender, the immigration officer immigration officer(s) intending to
may request the agency(agencies) check criminal records or investigation
concerned or organizations to records and shall make sure that no
present materials or to cooperate in unauthorized person(s) access to the
investigation of facts, etc. <Revised criminal records or investigation
Dec.10, 1993〉 records.
② For the purpose of evaluating the ②When a person intends to make
appropriateness for the issuance of access to the data in the information
the stay of foreigners or system by reservation under Article
investigating an immigration 73-2 of the Act, the rules of section
offender, the immigration officer 1 is(are) to be applied.
may make a request for inquiry of ③ Immigration officer(s) cannot save
the data on criminal career and or store the data perused, checked,
investigation 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 be saved by copying in the
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]
〈Newly Added Mar.24, 2005〉

Article 79 (A Person Obliged to Article 89 (Persons Liable for Application,

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Apply for Permission, etc) etc. for Permission)
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 person, who is(are) ② Where the father or mother is unable
prescribed by the 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.
Dec.29, 2001〉
1. A person who shall obtain
"Permission to Engage in the
Activities Beyond the Current
Status" pursuant to Article 20;
<Revised. Dec. 29. 2001>
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;

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4. A person who shall make a
foreigner registration 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 80 (Investigation of facts) Article 90 (Investigation of Facts)


① When there are considerable The competent public official shall notify
grounds to suspect that the reports without delay the head of the office or
or registrations as prescribed 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,<Revised, 1994.6.30, 19992.26.>
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

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"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.
<Newly Added Dec.10, 1993, Dec. 29.
2001〉
③ When needed to conduct an
investigation as referred to 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 any question, present
documents and other materials.
〈Revised Dec.10, 1993, Feb.5, 1995〉
Article 69 (Report on the
Article 81 (The Investigation of Article 91 (Investigation of Foreigner Investigation of Foreigners Activities,
Foreigner Activities by an Movements) etc.)
Immigration Officer) ① When he/she has investigated the A branch officer shall enter the

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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 under the provisions of
agency(agencies) as regulated by officer shall keep a record thereof. Article 91 of the Decree in the
the Presidential Executive Order, ② An immigration officer shall continue register of investigation of foreigners
may for the purpose of investigating to verify whether a person subjected to activities.
whether or not a foreigner 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 any of the following
request submission of 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 foreigner's employer, 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 work place, and the Order. 2. When there exists the public
person who has ever provided security offender related to
accommodation for the foreigner. Article 91-2 (Public Officials Belonging foreigners.
〈Revised Dec.13, 1997〉 to Related agency 3. When the main information is
② The person who is asked any ① For the purpose of Article 81 ① of the reported(released) by mass media
question or requested to present Act, the term “public officials belonging such as newspaper, correspondence,
materials under paragraph ① shall to related agency(agencies)” means broadcasting, etc. in respect of
not refuse it without any justifiable those falling under any of the following foreigners or foreign organizations.
reason. sub-paragraphs: 4. When it is necessary for the
1. Public officials belonging to the Ministry establishment(implementation) and
of Labor in charge of the duties of operation of the basic immigration

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employment and of being employed; policy
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 for the foreigner's
management of industrial trainees; and residence control.
3. Other public officials belonging to the 6. When there exists the foreigners'
related central administrative agency offense drawing particular(special)
(agencies) who are deemed necessary by attention of society.
the Minister of Justice in relation to the 7. When there exist the particular
protection and management of industrial activities of foreigners staying in
trainees. Korea, and other matters deemed to
② When the public officials, belonging to be important.
the related agency(agencies), investigate The 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 head of the branch office or section 1 of this Article and report
sub-branch office of its details. 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 investigation of foreigners
immigration officer stay in 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 of issuing visas or the the investigation of foreigners

- 206 -
Foreigner Entry Permit under Article activities
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 of Immigration Control Officials)
authorized public officer performs ① When engaging in the duties related
his/her duties falling under any of to immigration control, an immigration
the following 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. When he/she inspects 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 he/she inspects and of Their Duties, an immigration officer
examines under Article 69 and 70; shall carry an identification card of
3. When he/she asks questions and judicial police officer with him. <Revised,
requests to present other necessary 2002.4.18., 2005.7.5.>
materials under Article 80 and 81; ③ Matters necessary for the uniform
and under paragraph ① shall be prescribed

- 207 -
4. When he/she performs other by the Justice Minister's Order.
duties corresponding to the
sub-paragraphs ① through ③. Article 70 (Report on Immigration
Offenders)
Article 83 (Report on Immigration When a branch officer receives the
Offenders) report under the provisions of
Anyone who finds a person Article 8 of the Act, he/she shall
suspected to have violated this Act take necessary measures after the
may report the fact to an verification of the facts.
immigration officer.

Article 84 (Obligation of Notification)


① When a national or a local
government officer, in 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 custody or
rehabilitation and custody, or
released from Juvenile Penitentiary
after internment under the Juvenile
Act, the head of prison, Juvenile
Penitentiary, detention house and its
branch, social protection house,
rehabilitative custody house or
juvenile reformatory shall
immediately notify the fact to the
head of office, branch office or
immigration detention center.
<Revised Aug.4, 2005〉

Article 85 (Relation with Criminal


Procedures)
① The head of office, branch office
or immigration detention center may, Article 93 (The Relevance with Penal
even while a person falling under 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, prosecutor, if there exists an opinion from
2002〉 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 head of the branch office or
against the foreigner is completed. sub-branch office or the head of the
However, if the chief of the district immigration detention center may
public prosecutor's office 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 removal may be executed an exit order leave the Republic of Korea.
even before the execution of a ② When a forced removal order or an exit
sentence is terminated. 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.

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branch/sub-branch office or
immigration detention center 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 him/her to an
immigration officer simultaneously
with his/her release. 〈Revised
Aug.4, 2005〉

Article 87 (Immigration Fees)


① A person who obtains permission Article 71 (Adjudication Fees on
under this Act shall pay fees Application for the Issuance of Visa,
pursuant to the Justice Minister's etc.)
Order. ① Adjudication fees on the application
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 principles and other fees paid individually) are as follows:
reasons as prescribed by the Justice <Revised, 1998.4.1, 2002.4.27.>
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 of America (hereinafter referred to as
with the provision. 〈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. <Revised,
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 two or more, the
ambassador sets the amount of
standard.
④ The head of the Korean Mission
Overseas shall in light of the

- 212 -
international practice or principle of
reciprocity, obtain the approval of
the Minister of Justice when he
differently determines the 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. <Revised, 1998.4.1.,
2002.4.27., 2003.9.24. .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) or 13. General
Training(D-4), 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 [in the case
of the status 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 under any of the
following sub-sections. <Revised,
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 and electronic
payment using the information
communication network. <Revised,
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 payment using the
information communication network
<Revised, 2004.8.23.>
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 of
cash.<Revised, 2008.7.3.>

- 216 -
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. <Revised, 2006.8.2
.2007, 6.1. 2008.7.3.>
1. When an agency or organization
designated by the Minister of Justice
among agency(agencies) or
organizations carrying out the
international cooperation business,
etc. intends to bear the airline
fares and expenses for domestic
stay of invited foreigners or it is
deemed necessary, in particular, to
exempt the fees for the entry
permission or visa 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 or the government-
Article 88 (Issuance of Certificate of 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 Justice Minister's Order, the Establishment and Fosterage of
Certificate of the Facts on Entry and Government-Invested Research
Departure from Korea to a person Institution, etc. or the Act on the
who has ever departed from or Establishment and Fosterage of
entered Korea under the procedures Government-Invested Research
of this Act. Institution, etc. in the Field of
② The head of office, branch office Science/Technology files an
or the head of Si, Gun, Gu may application for the permission to
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 a foreigner who has made in the activities falling under the
Foreigner Registration under the status of stay 10.
procedures of this Act. Culture/Arts(D-1) and 11.
〈Wholly Revised Dec.29, 2001〉 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 Investment(D-8) specified
Abstract of the Resident in the attached Table 1.
Registration" is required to be 4. When e-document is available for
submitted in relation to 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 foreigner registration or 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 A "Foreigner Registration" and same time, when the need for the
"the Report of the Change on the exemption of processing fee is
Place of Stay" under this Act shall recognized by the Minister of
substitute the "Resident Registration Justice[Wholly revised, August 2,
and "Moving in Report.". 〈Newly 2006]
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 the head of the branch
office or sub-branch office.
<Revised, 2004.8.23.>
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 the
provisions of sections ① or ②
above. <Newly Added,
2004.8.23.>
1. When an applicant may not
express his intention due to his/her
disappearance, or death, etc: his
spouse, or lineal ascendants &
descendants

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2. When a foreigner permanently
departs from the 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 the
application under section 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 for an entry permission

- 221 -
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 information as
stipulated in Article 21-1 of
E-Government Act, such a
confirmation can be substituted for the
submission of the documents. [Wholly
revised June 1, 2007]<revised,
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 -
permission under Article 12-③, Various Permissions, etc.)
conditional entry permission 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. under Article 20, 21, 23 of Justice shall notify the relevant
through 25: 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 for confirmation of visa
2. In case it is found to have issuance under Article 9 of the Act, a
obtained permission, etc. in a conditional entry permission under
deceitful or unlawful manner; Article 13 of the Act, a permission on
3. In case any conditions of landing of crew under Article 14 of the
permission are violated; Act, and a permission for activities not
4. In case a 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.
change of circumstances; and ③ Deleted. < Feb. 26,1999.>
5. In case the degree of violation
against this Act or other Acts is Article 94-2 (Procedure for Stating
serious or any ex officio order Opinions)
issued by the immigration officer is ① The notification under Article 89 ③ of
violated. the Act shall be made in writing: provided
② When deemed necessary that this shall not apply to the case where

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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 have the foreigner or 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 case of paragraph ②, the 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 to the foreigner or the opinion, or to submit an opinion in writing
applicant not later than 7 days (including electronic documents) by the
before the date of attendance. given date, he shall be deemed to have
no opinion. <Amended by Presidential
Executive Order No. 18312, Mar. 17,
2004>
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. <Revised, 2004.3.17.>
[Newly Added, 1999.2.26.]

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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 <Revised, Dec.31, 2007> Article 77 (Personal Reference)
②The necessary details with regard to the ① A person who guarantees the
Article 90 (Personal Reference) establishment and operation of E-Civil personal identity under Article 90 of
① When deemed necessary in Service Counter and the processing 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 of guarantee, contents of
foreigners", entry permission, Justice Minister's Order. [Newly added guarantee, etc. of the guarantor and
Conditional Entry Permit, various Aug.24, 2006] guaranteed foreigner to the head of
permission to stay, internment or the branch office/sub-branch
handing over of immigration Article 95 office/immigration detention center.
offenders, etc, the Minister of ① The provisions of Article 17 ② shall <Revised, 1997.7.1.>.
Justice may have the inviter or apply mutants mustangs to the procedure ② The guarantor under the
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
to as a “guaranteed foreigner”). ② If a personal reference under Article in Korea and has the ability to
〈Revised Dec.12, 1996〉 90 ① of the Act fails to fulfill his/her guarantee the personal identity.
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

- 226 -
a guaranteed foreigner under guaranteed foreigner under paragraph ② of the agency or organization, except
paragraph ①, bear the whole or part of the same Article. in special circumstances. In this case,
of the expenses needed for the ③ The bond deposited under Article 90 the proof of the ability to guarantee
guaranteed foreigner’s stay, ④ of the Act shall be returned to the the personal identity under section ②
internment and departure from personal reference if he fulfills his/her above is not required. <Revised,,
Korea. 〈Revised Dec.12, 1996〉 responsibility for fidelity bond or if the 1997.7.1.>
③ Where expenses are incurred from objective of fidelity bond is achieved. ④ When a foreigner becomes a
the National Treasury because a <Revised, 1997.6.28.> guarantor pursuant to the provisions of
personal reference bond fails to pay section ② above, he/she shall have a
such expenses imposed by the certificate of foreigner registration
provision of paragraph ②, the under Article 33 of the Act. In this
Minister of Justice may exercise a case, the period of guarantee may not
right of indemnity against the exceed the period of stay of the
guarantor of fidelity bond. 〈Revised guarantor. <Revised, 1997.7.1.>
Dec.12, 1996〉 ⑤ When a Korean guarantor intends
④ Where it is deemed that a to depart from Korea for the purpose
personal reference bond is likely to of permanent residence in a foreign
fail to pay such expenses as country, the guaranteed foreigner
referred to in paragraph ②, or shall look for a new guarantor. This
where it seems impossible to shall apply to the case that a foreign
achieve the object of guarantee only guarantor departs from
by the subscription to fidelity bond, Korea<Revised, 1997.7.1.>
the Minister of Justice may have the ⑥ <Deleted, 2005.7.8.·>
guarantor of fidelity bond deposit ⑦ The maximum duration of
the amount of money not exceeding guarantee shall be four years.

- 227 -
3 million Won per guaranteed ⑧ When the Korean or Foreign
foreigner. governmental agency(agencies)
〈Revised Dec.12, 1996〉 become a guarantor or in the case
⑤ The qualifications for a guarantor of the person designated by the
of a fidelity bond, period of Minister of Justice, the head of the
guarantee and other matters branch office/sub-branch
necessary for the fidelity guarantee office/immigration detention center
shall be determined by the Justice may make him/her omit the
Minister's Order. 〈Revised Dec.12, submission of a guarantee letter.
1996〉 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 77-2 (Procedures for


Exercise of the Right to
Reimbursement)
① When the Minister of Justice
Article 90-2 (Liability for Expenses makes a notification under Article
Related with the Removal of 95-2, section ① of the Decree, he
Unlawfully Employed Foreigners) shall affix a Notice of Payment of
① The Minister of Justice 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 the exercise of the right to
who employed the foreigner having Article 95-2 (Procedures for Exercising reimbursement shall record the
no status of stay eligible for the right of indemnity) matters regarding the exercise and
employment (hereinafter referred to ① When he intends to exercise the right collection of the right to
as an “unlawful employer”). to demand an indemnity under Article 90 reimbursement, in the register of
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 <Newly added,
unlawful employer fails to pay such computing the demand amount for 1997.7.1>
expenses imposed under paragraph indemnity, and give a written notification
①, the Minister of Justice may to the personal reference or the illegal
exercise a right of indemnity against employer to pay such demand amount for
the unlawful employer. 〈Newly indemnity.
Added Dec.12, 1996〉 ② The personal reference or the illegal
employer in receipt of the notification to
Article 91 (Dispatch of Documents, pay the indemnity amount under
etc.) paragraph ① shall pay the indemnity
① Except as otherwise specially amount within 15 days from the date of
provided in this Act, documents, etc. receiving the relevant
shall be delivered personally or sent notification.<Newly Added, 1997.6.28]
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 -
documents, etc. pursuant to the
provision of paragraph ①, the head
of office, branch office or
immigration detention center shall
keep the documents, 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) the head of the office or the
① The Minister of Justice may sub-branch office, regarding the
delegate part of his/her authority persons falling under any of the
vested under this Act to the head of following sub-sections among the
office, branch office or immigration authorities under Article 9 of the
detention center under the conditions Act, in accordance with the
as prescribed by the Presidential provisions of Article 96, section ①
Executive Order. of the Decree. <Revised, 1995.12.1,
② A mayor (not applicable to the Article 96 (delegation of right) 1997.7.1, 1998.4.1, 2002.4.18.>
mayor of a special city(cities) or a ① Under Article 92 ① of the Act, the 1. A person who falls under Article
metropolitan city(cities) may Minister of Justice shall delegate his 17, section ①, subsection ① to ③
delegate part of his/her authority authorities under Articles 9, 20, 21, 23 and who corresponds to such a

- 230 -
vested under this Act to the head of through 25, 30 ①, 89, 90 and 90-2 of status of stay as 6. Temporary
the Gu (limited only to the Gu the Act to the head of the branch office News Reporter(C-1) through 9.
which is not autonomous) under the or sub-branch office or the head of the Short-Term Employment(C-4), 26.
conditions as prescribed by the immigration detention center, under the Visiting & Cohabitation(F-1) status
Presidential Executive Order. conditions as prescribed by the Justice with a period of stay not more than
〈Revised Mar.24, 2005〉 Minister's Order. <Revised, 1994.6.30, 90 days, or 12. Industrial
1997.6.28.> Trainees(D-3) status with a period
② The head of Si (excluding the Special of stay not more than 2 years
Metropolitan City Mayor and specified in the attached Table 1 of
Metropolitan City Mayors) shall, under the Decree.
Article 92 ② of the Act, delegate his 2. A person who falls under Article 17,
authorities under Articles 34 ① and ②, section ①, subsection ② and who
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. Culture/Arts(D-1) through 25.
Gu). <Newly Added, 2003.9.1. Revised, Specific Activities(E-7)․25-3. unskilled
2004.8.17.> Employment (E-9)․ 25-4. Labor
Abroad(E-10)․26. Visiting &
Cohabitation(F-1)․27. Residence(F-2)․
28.Dependant Families(F-3)․ 28-2.
Overseas Koreans(F-4) or 29.
Others(G-1) status in the attached
Table 1 of the Decree, within the
maximum period of stay for each
status of stay allowed for one time.
<Revised, Sep. 24, 2003 ; Aug. 23,

- 231 -
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.
<Revised, Jul. 1, 1997>
③ The Minister of Justice delegates
his authority under Article 30,
section ① and Article 89 of the
Act in accordance with Article 96,
section ① of the Decree to the head
of the branch office/sub-branch
office. He also delegates his
authority under Article 90 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.
<Revised, Jul. 1, 1997>
④ The head of the branch

- 232 -
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 others designated by the
Minister of Justice, obtain the
approval of the Minister of Justice
notwithstanding the provisions of
section ① through ③. <Revised,
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 of the Military
Demarcation Line (hereinafter

- 233 -
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 for Entry or
(hereinafter referred to as “North Departure Inspection on Travel
Korea”), he/she shall undergo an between South and North Koreas)
immigration inspection before he/she ① The provisions of Article 1 shall apply
goes to North Korea from South mutants mustangs to the entry or
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 immigration officer shall confirm the
travel of any foreigner 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.<Revised.2005.7.5>
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 concerning the procedure for the head of the related agency, such as
immigration shall be applied. the Minister of Unification, etc., if he/she
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. <Revised,
2002.4.18.>

Article 98 (Immigration Ports)


① Immigration ports shall under sub-
paragraph 5 of Article 2 of the Act, be
designated as follows: <Revised,
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, and Seoul

- 235 -
Airport. Article 79 (Procedures for Entry and
② The City Air Terminal shall be deemed Departure of Dual Nationality
as part of the facilities of an immigration Holder)
port under subparagraph 6 of Article 2 ① The procedures for the entry &
of the Aviation Act.<Revised, 2005.7.5.> departure and stay of a dual
nationality holder with both Korean
Article 99 (Keeping Provisional Money and Foreign nationality shall be
Deposits in Custody) determined by the Minister of
The procedure for keeping in custody or Justice.
returning the provisional money deposits, ② A person who retains two
personal possessions, and articles nationalities or more 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 whose nationality is
unknown shall be regarded as 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 of notification, or

- 237 -
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 report on the visa
issuance (by nationality/status 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 of the branch
office/sub-branch office/immigration
detention center may prepare and

- 240 -
keep the register of various kinds of
permissions, etc. among the
immigration related forms under
Article ①, according to the
electronic data processing
procedures.

Article 84 (Details, Particulars)


The Details other than those
specified by these Rules shall be
determined by the Minister of
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 -
Article 101 Deleted. <2002.4.18.>

Immigration Control law Enforcement Decree Enforcement Regulation

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 inflicted violence or
intimidation on persons for the
purpose of escape, or escaped jointly
with two or more persons;
2. As a person being under escorted

- 242 -
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 sub-paragraphs, and
who has the 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 or ② enter the
country illegally as a group, 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 shall be
punished by penal 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 in each
subparagraph of Article 93-2-②
(except a person who has committed
such offence for
profit-making).<Newly Added Dec.5,
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 who landed without
obtaining permission under the
provision of Article 14-①;
4. A person who violated the
conditions under 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 of
foreigners who fail to 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
Article 28-① or ②;
9-2. A person who violated the
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: <Revised Dec.10, 1993,
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 who violated the
conditions under the provision of
Article 13-②;
3. A person who landed without
obtaining permission 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 21-
①;
6. Deleted <Dec.12, 1996>
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 who violated the
conditions under the provision of
Article 63-②; and
10. A person who obtained the
recognition of refugee under 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 arranged or
persuaded the employment of
foreigners who do not have the
status of stay eligible 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 or
addition of the working place

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(excluding the persons performing it
as a business);
3. A person who violated the
provision of Article 72;
4. A person who violated the
provisions of Article 74, Article 75-
④ 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.

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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. <Revised
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 a principal.〈Wholly
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

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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

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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〉
CHAPTER Ⅸ FINE FOR
1. A person who violated the
NEGLIGENCE
provision of Article 19;
2. A person who violated the
provisions falling under any of Article 102(Collection of Negligence Article 85 (Procedures for Collection
sub-paragraphs of Article 19-4-① Fine, etc.) of Negligence Fine)
or ②; and ① Under Article 100-4, 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
② Any person who falls under any of authority to reduce or increase the fine, affixing a notice of disposition
the following sub-paragraphs shall fine up to 50% of the original amount of negligence fine to a notice of
be punished by a fine for negligence in consideration of the details of payment, and enter the relevant fact
not exceeding 1 million Won: negligence and the period of violation. in the register of imposition and

- 255 -
1. A person who violated the ② When increasing the negligence fine receipt of negligence fine. <Revised,
provisions of Article 35 or 37; as stipulated in the above section, the 1997.7.1.>
2. A person who violated the maximum amount of negligence fine ② If the said person intends to file
provision of Article 79; and cannot exceed the amount stipulated in an appeal to the head of the branch
3. A person who refused or evaded a Article 100-1 to 100-3. office or sub-branch office against
demand by an immigration officer to ③ The detailed procedures for the imposition of negligence fine,
present books or materials under the collecting negligence fine is to be he/she shall submit an appeal
provision of Article 81-②. decided by the Decree of Ministry of application form for the imposition
③ Any person who falls under any of Justice. [wholly Revised, 2008.7.3.] of negligence fine, along with the
the following sub-paragraphs shall supporting documents. <Revised,
be punished by a fine for negligence 1994.7.20, 1997.7.1.>
not exceeding 500,000 Won: ③ The Enforcement Rules of the
1. A person who violated the National Funds Management Act
provision of Article 33-②; and shall apply to the collection
2. A person who entered or reported procedures for negligence fine,
any false fact in various applications except for one prescribed in these
or reports under the provisions of rules. <Revised, 2005.7.8.>
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 Executive Order.
〈Revised Dec.10, 1993, 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 of fine for negligence
under paragraph ④ has made an
objection under paragraph 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 Non-Contentious Case
Litigation Procedure Act. 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.<Revised 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) Article1(Enforcement Date )

- 258 -
This Act shall enter into force This Decree shall enter into force starting This Decree shall enter into force
starting from April 1, 1993. from April 1, 1993. starting from April 1st, 1993.

Article 2 (Transitional Measures Article 2 (Abolition of Statutes) Article 2(Transitional Measures


concerning the Certificate of The rules for designating immigration regarding the format)
Eligibility for Visa Issuance, etc.) ports shall be repealed. Despite the revision of this
① The Certificate of Eligibility for provision, the Entry/Departure card
Visa Issuance issued at the time of Article 3 (Transitional Measures forms printed according to the
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 or a written notice of permission for Article 3(Transitional Measures
change of work place under the foreigner’s entry issued under the regarding Penalty)
previous provision of Article 29 at previous provisions at the time 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 to change and add a Decree not later than the time when it is be applied in the same way as
working place under this Act. revised, but the status of stay under the before.
previous provisions shall be revised by
Article 3 (Transitional Measures the head of the branch office or
concerning Foreigner Registration) sub-branch office when various Article 4(Amendment of Other Laws
① Any foreigner registration made permissions relating to the stay are and Regulations)
with the head of the granted or a residence report certificate ①Amends the followings among the
Si/Gu/Eup/Myeon pursuant to the is replaced by a certificate of foreigner Enforcement Rule on the Regulation
previous provisions at the time this registration for the first time after this for Property Registration Number for

- 259 -
Act enters into force shall be Decree enters into force. the Association, Foundation, and
considered as made under this Act. ② The period of stay permitted under the Foreigners.
② Any Residence Report Card issued previous provisions at the time of “Record Number of 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 Number of Registered
force shall be considered as a Decree. Foreigners" in Article 9-1,
certificate of foreigner registration “The Registered Foreigner Roster
issued under this Act until the card Article 4 (Transitional Measures under Article 74 of the Enforcement
is returned or renewed, but the regarding Validity of Notice of Departure Regulation and Table 41" is to be
Residence Report Card issued Order) changed into "Registered Foreigner
pursuant to the previous provisions The written notice of exit order issued Roster under the Table 68 and
shall be renewed when various under the previous provisions at the time Article 83 of the Enforcement
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. "The foreigner without residence"
first time after this Act enters into under section 2 of the same article
force. Article 5 (Transitional Measures is to be changed into "the foreigner
③ Any Foreigner Registration File regarding Assigning Foreigner Reg- without foreigner registration"; "the
prepared pursuant to the previous istration Numbers, etc.) record number of residential
provisions at the time this 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 record number of registered
as a Foreigner Registration File as the previous provisions before the foreigner"
prescribed by this Act. enforcement of this Decree shall be "The Registered Number of
assigned by the head of the branch office Foreigners with residence in
Article 4 (Transitional 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 "the registered number of

- 260 -
① Any foreigner detention place and report certificate is replaced by a foreigner with foreigner registration";
camp installed pursuant to the certificate of foreigner registration, "residence report" is to be changed
previous provisions at the time this notwithstanding the provisions of Article into "foreigner registration" in the
Act enters into force shall be 40 ②. same article.
considered as a foreigner detention ② The record of a resident foreigner “The registration number of
room and foreigner detention center prepared under the previous provisions foreigners without residence in
as prescribed by this Act. at the time of enforcement of this Decree Korea" in Article 11 is to be
② Any internment as prescribed by shall be deemed a registered foreigner changed into "the registration
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 as an detention as prepared and kept on file by the head of Table 6 is to be changed into "those
prescribed by this Act. a Si/Gu/Eup/Myeon under the previous without foreigner registration";
③ Any internment order, a provisions at the time of enforcement of "residence in Korea" in Article 7 is
recommendation for departure 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 made pursuant to the foreigner registration, be replaced when ②When in any legal decree other
previous provisions at the time this it is newly prepared by the head of the than section 1, the enforcement
Act enters into force shall be branch office or sub-branch office and regulation or its provision is cited, if
considered as a detention order, exit forward it to the head of a Si/Gun/Gu. there is any relevant provision
order and revocation of temporary among the regulation, new provision
release from detention. Article 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
ADDENDA <#386, July 20, 1994>
concerning Penal Provisions) of confinement, notice of extending the
In applying the penal provisions to confinement period, written request for
Article 1(Enforcement Date) This

- 261 -
any act committed before this Act cancelling the confinement, notice of regulation shall enter into force
enters into force, the previous cancelling the confinement, written starting from the day of public
provisions shall prevail, but if the request for temporary cancellation of announcement.
penal provisions as prescribed by confinement, and written notice of
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 of this Act shall be the previous provisions at the time of Issuance, etc.)
applied. 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 valued until expiry.
④ In case where the provisions of cancelling the detention, notice of ② The record of crew
the Immigration Control Act are cancelling the detention, written request departure/entry under the former
cited in other Acts other than for cancellation of temporary detention, regulation(s) is to be continuously
paragraphs ① through ③, if this Act and written notice of decision on valid until the record of crew
includes the provisions corresponding cancellation of temporary detention, registration under this regulation.
to the cited provisions, the respectively, under this Decree.
ADDENDA
corresponding provisions of this Act
shall be considered to have been Article 7 (Revision of Other Acts and (Regulation on How to Process the
cited in lieu of the previous Subordinate Statutes) Prohibition of Departure
provisions. ① through ⑤ Omitted. <#408, July 10, 1995>
⑥ Where the Enforcement Decree of the
Immigration Control Act or its provisions ① (Enforcement Date) This
ADDENDA
are cited in other Acts than paragraphs Regulation shall enter into force
① through ⑤, and where there are starting from the date of public
① (Enforcement Date) This Act shall

- 262 -
enter into force on July 1, 1994. corresponding provisions in this Decree, announcement.
② (Transitional Measures) In the corresponding provisions in this ② (Revision of Other Laws and
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 following(s) is(are) to be
into force, the previous provisions revised out of the Enforcement
shall apply. Regulation of Immigration Control
ADDENDA
③ Omitted. Act.
<Presidential Executive Order No. Form 8 or Form 12 and Form 51 or
14301, Jun. 30, 1994> Form 54 are to be respectively
ADDENDA
deleted.
① (Enforcement Date) This Decree shall
Article 1 (Enforcement Date)
enter into force on July 1, 1994.
This Act shall enter into force on ADDENDA <#417, December 1,1995>
② (Transitional Measures regarding
January 1, 1995.
status of stay) A person who has obtained
Article 1(Enforcement Date) This
an eligibility to no visa entry (B-2) under
Articles 2 through 4 Omitted. Decree shall enter into force starting
the previous pro- visions at the time of
from the day of public
enforcement of this Decree shall be
announcement.
ADDENDA deemed to have been permitted an
Article 2(Transitional Measures on
eligibility to sightseeing or transit entry
form, etc.)
① (Enforcement Date) This Act shall (B-2) under this Decree.
①The entry/departure form made
enter into force on July 1, 1997.
under the former regulations shall be
② (Examples of Application as to
ADDENDA valid up until December 31, 1995
Landing Permits Issued to Crew)
despite the legislation of the new
The amended provisions of Article <Presidential Executive Order No.
regulation.
14 ④ shall apply to landing permits 14447, Dec. 23, 1994>
② The certificate of foreigner

- 263 -
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 date of its promulgation. (Omitted.)
Permission on Extension of period of Articles 2 through 5 Omitted. Article 3 (Transitional Measures on
stay) At the time this Act enters penalty) For the acts under the
into force, a person whose period of former reuglation, the application of
ADDENDA
stay was extended in accordance the sentencing guideline on the
with the previous provisions of this <Presidential Executive Order No. penalty shall be according to the
Act shall be deemed to have been 14486, Dec. 31, 1994> former regulations.
given an extended period of stay
under the amended provisions of This Decree shall enter into force on
ADDENDA <#448, July1, 1997>
Article 25. January 1, 1995.

① (Enforcement Date) This


ADDENDA ADDENDA
regulation shall enter into force
<Presidential Executive Order No. starting from the day of public
This Act shall enter into force three
14817, Dec. 1, 1995> announcement.
months after the date of its
②(Transitional Measures on the
promulgation.
① (Enforcement Date) This Decree shall Certificate of foreigner Registration)
enter into force on the date of its The certificate of foreigner
ADDENDA promulgation. registration issued under former
② (Transitional Measures regarding regulations is regarded as valid
status of stay) The status of specific under the current regulation up until
This Act shall enter into force on
employment (E-7) obtained under the its submission or renewal.
March 1, 1999.

- 264 -
previous provisions at the time of ③(Transitional Measures on forms)
enforcement of this Decree shall be The entry/departure-related forms
ADDENDA
deemed the status of specific activity made under former regulations can
(E-7) under this Decree, until the status be continuously used up until
This Act shall enter into force three of stay eligibility is revised. December 31, 1997 despite the
months after the date of its revision of regulation.
promulgation.
ADDENDA
ADDENDA <#456, April 1,1998>
<Presidential Executive Order No.
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 after the date of its enter into force on July 1, 1997. announcement.
promulgation. ② (Transitional Measures regarding
status of stay) The status of stay for ADDENDA <#471, Feb.27, 1999>
business purpose (D-7) granted under the
ADDENDA
previous provisions at the time of ①(Enforcement Date) This
enforcement of this Decree shall be Regulation shall enter into force
This Act shall enter into force on
deemed the status of stay under this starting from March 1st, 1999.
the date of its promulgation.
Decree. ②(Transitional Measures n Form)
The entry/departure-related form
ADDENDA made under former regulations can
ADDENDA
be continuously used up until
① (Enforcement Date) This Act shall <Presidential Executive Order No. December 31, 1999 despite the
enter into force six months after the 15764, Apr. 1, 1998> revision of this Regulation.

- 265 -
date of its promulgation; Provided,
That the amended provisions ① (Enforcement Date) This Decree shall
ADDENDA <#489, December 2, 1999>
concerning the seaman's enter into force on the date of its
identification papers and the promulgation.
This Regulation shall come into
exclusion of passport function of the ② (Application Example to Permission for
force starting from December 3,
seaman's pocketbook from among Change of status of stay) The amendment
1999.
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. ADDENDA <#517, April 27, 2002>
and 75 ④ shall enter into force on ③ (Transitional Measures regarding
June 1, 2005. Permission on Extension of period of stay) ① (Enforcement Date) This
② (Transitional Measures on Permission on extension of period of stay Regulation shall come into force
Seaman's Identification Papers) to those who entered the country as starting from the day of public
Notwithstanding the amended industrial trainees before the entry into announcement.
provisions concerning seaman's force of this Decree shall be governed by ② (Transitional Measures on the
identification papers and the the previous provisions. Change of the Status of Stay)
amended provisions of the exclusion Those who were not granted the
of passport function of the seaman's change of status into the permanent
ADDENDA
pocketbook, the previous provisions residence(F-5), although they
shall govern the native seamen <Presidential Executive Order No. belong to the residence(F-2) among
already departed from the country 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 were granted of permanent
of this Act. March 1, 1999. residence(F-2), subject to the
former regulation with regard to the

- 266 -
maximum period of each status of
ADDENDA ADDENDA
stay, study, and
<Presidential Executive Order No. employment-purpose for single
Article 1 (Enforcement Date) This
16211, Mar. 31, 1999> re-entry permit.
Act shall enter into force on July 1,
1994.
Article 1 (Enforcement Date)
ADDENDA <538, Sep.24, 2003>
This Decree shall enter into force on the
Article 2 (Transitional Measures) In
date of its promulgation.
applying the penal provisions to any ①(Enforcement Date) This Regulation
Articles 2 through 4 Omitted.
act committed before this Act enters shall come into force starting from
into force, the previous provisions the day of public announcement.
shall apply. ADDENDA ②(Application) The revised rule in
③ Omitted. Table 5 is to be applied to the first
<Presidential Executive Order No.
applicant for visa after the revision
16603, Nov. 27, 1999>
of this Regulation.
ADDENDA
③(Transitional Measures on Penalty)
This Decree shall enter into force on
For any acts committed before this
Article 1 (Enforcement Date) December 3, 1999.
Regulation come into force, the
This Act shall enter into force on
sentencing guideline for penalty shall
January 1, 1995.
ADDENDA be applied according to the older
Articles 2 through 4 Omitted.
Regulation.
<Presidential Executive Order No.
17305, Jul. 16, 2001>
ADDENDA

Article 1 (Enforcement Date) ADDENDA <#543, December 2, 2003>


① (Enforcement Date) This Act shall This Decree shall enter into force on July

- 267 -
enter into force on July 1, 1997. 17, 2001. This Regulation shall come into
② (Examples of Application as to force starting from December 29,
Landing Permits Issued to Crew) Articles 2 through 4 Omitted. 2003.
The amended provisions of Article
14 ④ shall apply to landing permits
ADDENDA ADDENDA <#557, August 23, 2004>
which are issued to a member of
the crew for the first time after this <Presidential Executive Order No.
Act enters into force. 17579, Apr. 18, 2002> This Regulation shall come into
③ (Transitional Measures as to force starting from the very day of
Permission on Extension of period of Article 1 (Enforcement Date) public announcement.
stay) At the time this Act enters This Decree shall enter into force on the
into force, a person whose period of date of its promulgation.
ADDENDA <#571, July 8, 2005>
stay was extended in accordance
with the previous provisions of this Article 2 (Application Example to
Act shall be deemed to have been Requirement, etc. for Training Em- ①(Enforcement Date)
given an extended period of stay ployment) This Regulation shall come into
under the amended provisions of ① Amended provisions of Article 24-5 ① force starting from September 25,
Article 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 identification certificate"
ADDENDA
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 after the date of its 3 and 24-6 ④ the requirement, etc. for no
promulgation. the training employment in consultation longer replace a passport, will come

- 268 -
with the head of a competent central into force immediately upon the day
administrative agency, it shall be of public announcement.
ADDENDA
governed by what the head of a competent ②(Transitional Measure on Penalty)
central administrative agency determines With regard to the sentencing
This Act shall enter into force on pursuant to the previous provisions. guideline for any acts committed
March 1, 1999. before the enforcement of this
Article 3 (Transitional Measures for Regulation, the former Regulation
Status of Stay, etc.) shall prevail.
ADDENDA
① Spouse of a national who has a status
of Visit & Cohabitation (F-1) from among
This Act shall enter into force three ADDENDA <#593, August 2, 2006>
the status of stay under the previous
months after the date of its
provisions at the time of enforcement of
promulgation.
this Decree, and spouse of a person This Regulation shall come into
corresponding to the status of Permanent force.
ADDENDA Residence (F-5) who has a status of
Residence (F-2), shall be changed into the
ADDENDA <#609, March 5, 2007>
This Act shall enter into force three status of Residence (F-2) under this
months after the date of its Decree, but the status of stay under the
Article 1(Enforcement Date) This
promulgation. previous provisions shall be revised by
Regulation shall come into force
the head of the branch office or
starting from the very day of public
sub-branch office when receiving a permit
ADDENDA announcement.
as to various stays for the first time after
enforcement of this Decree, or receiving
Article 2.(Transitional Measures on
This Act shall enter into force on a re-issuance of a certificate of foreigner
the extension of the period of
the date of its promulgation. registration, or when the principal or a
stay)

- 269 -
person liable for applying for permits ① The period of stay shall be the
under Article 79 of the Act files an period of stay of Visitation and
ADDENDA
application. Employment(H-2) for those who
② The head of the branch office or are already in Korea before the
① (Enforcement Date) This Act shall
sub-branch office may change into a enforcement of this Regulation,
enter into force six months after the
status of Permanent Residence (F-5) for especially for those who belong to
date of its promulgation; Provided,
the person corresponding to a status of Article 19-1 under the former 「
That the amended provisions
Permanent Residence (F-5) from among Enforcement Decree for the Act on
concerning the seaman's
those who have a status of Residence the Equality of Foreign Workers」
identification papers and the
(F-2) under the previous provisions at the and those who belong to Section Na
exclusion of passport function of the
enforcement of this Decree for whom 5 of Visit & Cohabitation(F-1) of
seaman's pocketbook from among
years elapsed from the date of acquiring former Table 1.
subparagraph 4 of Article 2, Articles
such status as of the Enforcement Date ② When granting the extension of
3, 5, 6, 7 ①, 12 ③ 1, 12-2 ①,
of this Decree, upon request of the the period of stay, Article 37-2 of
12-3, 14, 27 ①, 28 ①, 73 ① 2
principal or a person liable for applying the revised Regulation is to be
and 75 ④ shall enter into force on
for permits under Article 79 of the Act. applied, but only within three years
June 1, 2005.
③ A person who has a status of Residence of the visa issuance, for those who
② (Transitional Measures on
(F-2) from among the status of stay under belong to Article 19-1 of the
Seaman's Identification Papers)
the previous provisions at the former "the Enforcement Decree of
Notwithstanding the amended
enforcement of this Decree, who has failed the Act on the Employment of
provisions concerning seaman's
to obtain a change of the status of stay Foreign Workers, etc" and those who
identification papers and the
into a status of Permanent Residence (F-5) belong to Section Na of Table 1
amended provisions of the exclusion
under this Decree, shall be exempted from Visitation and Cohabitation(F-1)
of passport function of the seaman's
the restriction on his activities pursuant under the former Decree, among the
pocketbook, the previous provisions
to classifications of the status of sojourn people who have been staying in
shall govern the native seamen

- 270 -
already departed from the country under the previous provisions, not later Korea by entrance before the
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 3(Exemption of Processing
Fee)
ADDENDA
When a person, who belong to
<Presidential Executive Order No. Article 19-1 of the former
17769, Nov. 6, 2002> "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
date of its promulgation. and Cohabitation(F-1) of Table 1,
applies for a Visitation and
ADDENDA <Presidential Executive Employment visa(H-2), the
Order No. 18097, Sep. 1, 2003> processing fee is to be exempted.

① (Enforcement Date) This Decree shall


enter into force on the date of its
ADDENDA <#613, June 1, 2007>
promulgation.
② (Special Cases regarding Extension of
Article 1(Enforcement Date) This
period of stay for Training Employees and
Regulation shall come into force
Industrial Trainees) Notwithstanding the
starting from the very day of public
amended provisions of Article 24-6, the
announcement.
Minister of Justice may grant permission
But the revised provision(s), in
on the extension of period of stay up to
Section 12 and Section 25-2 of
August 31, 2005 to the persons who stay
Table and Training and

- 271 -
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 applying the
April 27, 2002, at the time of the entry sentencing guideline for penalties
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 Regulation's sentencing
③ (Transitional Measures regarding Fine guideline is to be used.
for Negligence) In applying the standards
for imposition of fine for negligence to any
ADDENDA
offense commit- ted prior to the
enforcement of this Decree, the previous
provisions shall prevail. This Regulation shall come into
force starting from January 1st,
2008.
ADDENDA

<Presidential Executive Order No.


ADDENDA <#642, July 3,2008>
18130, Nov. 20, 2003>

This Decree shall come into force


This Decree shall enter into force on
starting from the very day of public
December 29, 2003.
announcement.
Starting from September 1st, 2008,

- 272 -
the following revised provisions shall
ADDENDA
come into force;
<Presidential Executive Order No. -Sub-section 18-2 in Article
18312, Mar. 17, 2004> 9-1-2
regarding the qualification for the
This Decree shall enter into force on the stay and sub-section 6 of the same
date of its promulgation. article,
-Sub-section 28-3 in Article
17-2-2 regarding the qualification
ADDENDA
for stay of the permanent
<Presidential Executive Order No. residency(F-5),
18520, Aug. 17, 2004> -Article 49-2-3,
-Section 18-2 in Table 1
① (Enforcement Date) This Decree shall -Section of Job-seeking(D-10) in
enter into force on August 17, 2004. Table 5
② (Transitional Measures regarding -Permanent Residency(F-5) in Table
Recognition of Activities Other than status 5
of stay of Persons Falling under Visit -Job-seeking(D-10) in Table 5-2
cohabitation status of stay) The persons &
engaged in activities other than status of -Job-seeking(D-10) in Table 6
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 of stay

- 273 -
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 Date) This Decree


shall come into force 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 Article 88-2, the
revised provisions on 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 Date) This


Enforcement shall come into force
immediately upon the day of public
announcement.
② (Provisional Measures for
Negligence Fee) When applying the
sentencing guideline for negligence fee
for any acts perpetrated before the
effective day of this Decree, 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 Measures for Negligence
Fee) When 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 shall be granted under
Visitation & 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(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.

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] <Deleted>
☆Table 2. Sentencing Guideline for
Negligence Fee[Related with Article
102-3] <Deleted>

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 (Provisional Measures for


Striking the 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 Training and

- 280 -
Employment(E-9) status as a (foreign)
national of the designated sending
countries 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 to the procedures of this
Decree, the head(s) of Immigration
Branch/sub-branch office(s) shall
change it into 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 that those
industrial trainees recommended by
National Federation of 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 or who stays in Korea
after the enforcement of this
Decree(i.e. public announcement) with
the same status,
applies for the change of status of stay
according to the procedures of this
Decree, the head(s) of Immigration
Branch/sub-branch 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, one of the
recommending organizations, 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 for the permits of
various kinds made before 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 provisions in section Ga(1),
Visitation and 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 is to be effective


immediately upon public notification.
The only exceptions are job-seeking
visa(D-10) in item 18-2 on residence
and item C on permanent
residence(F-5) and they are to
effective as of September 1, 2008.

- 286 -