IMMIGRATION ACT

영문법령 불러오는 중…

IMMIGRATION ACT — 법갈피

Article 4(Prohibition of departure) #

(1) The Minister of Justice may prohibit a national from departing from the Republic of Korea for a prescribed period not exceeding six months if the national is: <Amended on Jul. 18, 2011; Jul. 13, 2021>

1. A person pending in a criminal trial;

2. A person whose imprisonment with or without labor has not completed;

3. A person who fails to pay a fine or surcharge of at least the amount prescribed by Presidential Decree;

4. A person who fails to pay national taxes, customs or local taxes of at least the amount prescribed by Presidential Decree by the deadline for payment without good cause;

5. A person who undergoes deliberations and decisions by the Deliberative Committee on Payment of Child Support among obligors for child support under Article 21-4 (1) of the Act on Enforcing and Supporting Child Support Payment;

6. A person equivalent to those referred to in subparagraphs 1 through 5, whose departure is determined inappropriate by Decree of the Ministry of Justice, as he or she is likely to harm the national interest, public security or economic order of the Republic of Korea.

(2) The Minister of Justice may prohibit a person from departing from the Republic of Korea for a prescribed period not exceeding one month, if his or her departure from the Republic of Korea is deemed inappropriate for criminal investigations; provided, any of the following persons shall be prohibited from departing from the Republic of Korea for the period prescribed in each subparagraph: <Added on Jul. 18, 2011; Mar. 16, 2021>

1. A person in respect whom it has been determined to stay prosecution or investigation (limited to suspects) due to his or her unknown whereabouts, or a person in whose case it is impracticable to proceed with investigations due to special reasons, such as flight: Within three months;

2. A person in respect whom it has been determined to stay prosecution or investigation (limited to suspects) and an arrest warrant or bench warrant has been issued: Within the period of validity of the warrant.

(3) The head of a central administrative agency or the head of a relevant agency determined by the Minister of Justice may request the Minister of Justice to prohibit a national’s departure from the Republic of Korea, when he or she deems that the national falls under any subparagraph of paragraph (1) or (2) in connection with the affairs under his or her jurisdiction. <Amended on Jul. 18, 2011>

(4) In conducting a departure inspection, no immigration control official shall permit any person whose departure is prohibited under paragraph (1) or (2), to depart from the Republic of Korea. <Amended on Jul. 18, 2011>

(5) Except as provided in paragraphs (1) through (4), matters necessary in relation to the period of and procedures for prohibition of departure shall be prescribed by Presidential Decree. <Amended on Jul. 18, 2011>

[This Article Wholly Amended on May 14, 2010]

Article 4-6(Emergency prohibition of departure from the Republic of Korea) #

(1) Where an investigative agency has reasonable grounds to suspect that a person has committed a crime subject to death penalty, imprisonment with labor for an indefinite term or imprisonment of at least three years with or without labor, and there is an urgent need in any of the following circumstances, the investigative agency may request an immigration control official conducting departure inspections to prohibit the person from departing from the Republic of Korea, notwithstanding Article 4 (3):

1. Where a suspect is likely to destroy evidence;

2. Where a suspect has fled or is likely to flee.

(2) Upon receipt of a request prohibiting a person from departing from the Republic of Korea under paragraph (1), no immigration control official shall permit the person to depart from the Republic of Korea when conducting a departure inspection.

(3) An investigative agency shall lodge a request for approval with the Minister of Justice within six hours of making a request for emergency prohibition of departure from the Republic of Korea pursuant to paragraph (1). In such cases, such request shall be accompanied by a written opinion on examination signed by a public prosecutor and a report on the emergency prohibition of departure from the Republic of Korea stating the short summary of a crime, grounds for the emergency prohibition of departure from the Republic of Korea. <Amended on Oct. 20, 2020>

(4) Where an investigative agency fails to lodge a request for approval for emergency prohibition of departure from the Republic of Korea under paragraph (3), the Minister of Justice shall revoke the prohibition of departure from the Republic of Korea in force at the request made by the investigative agency under paragraph (1). The same shall also apply where the investigative agency fails to obtain approval for emergency prohibition of departure from the Republic of Korea from the Minister of Justice within 12 hours of lodging a request for approval.

(5) Where the prohibition of departure from the Republic of Korea is revoked pursuant to paragraph (4), no investigative agency shall re-request the emergency prohibition of departure from the Republic of Korea based on the same crime.

(6) Procedures for requesting the emergency prohibition of departure from the Republic of Korea, preparation of reports thereon and other necessary matters shall be prescribed by Presidential Decree.

[This Article Added on Jul. 18, 2011]

Article 6(Nationals’ entry into the Republic of Korea) #

(1) A national who intends to enter the Republic of Korea from an area outside the Republic of Korea (hereinafter referred to as "entry") shall hold a valid passport and undergo an entry inspection conducted by an immigration control official at the port of entry and departure through which he or she enters the Republic of Korea; provided, if the national cannot enter the Republic of Korea through a port of entry and departure due to extenuating circumstances, he or she may enter after undergoing an entry inspection conducted by an immigration control official at a place, other than a port of entry and departure, with permission from the head of the competent Regional Immigration Service. <Amended on Mar. 18, 2014>

(2) If a national intends to enter the Republic of Korea without a valid passport as he or she has lost it or for any other reason, an immigration control official may permit the national to enter after verification.

(3) An entry inspection under paragraph (1) may be substituted by an entry inspection using an informatization device, as prescribed by Presidential Decree.

(4) The Minister of Justice may collect nationals' biometrics information or request a related administrative agency to submit nationals' biometrics information held by the administrative agency, if necessary for entry inspections. <Added on Mar. 29, 2016; Jun. 9, 2020>

(5) Upon receipt of a request for cooperation under paragraph (4), no related administrative agency shall reject the request without justifiable ground. <Added on Mar. 29, 2016>

(6) Immigration control officials may utilize the biometrics information collected or submitted under paragraph (4) for entry inspections. <Added on Mar. 29, 2016; Jun. 9, 2020>

(7) The Minister of Justice shall manage the biometrics information collected or submitted under paragraph (4) in accordance with the Personal Information Protection Act. <Added on Mar. 29, 2016; Jun. 9, 2020>

[This Article Wholly Amended on May 14, 2010]

Article 11(Prohibition of entry) #

(1) The Minister of Justice may prohibit an alien from entering the Republic of Korea if the alien is: <Amended on Jan. 6, 2015>

1. A patient with an infectious disease, an addict to narcotics, or a person deemed likely to pose a threat to public health;

2. A person who intends to enter the Republic of Korea unlawfully, carrying a firearm, knife, sword, explosives, etc. specified in the Act on the Safety Management of Guns, Swords and Explosives;

3. A person deemed highly likely to engage in any conduct harming the interests or public security of the Republic of Korea;

4. A person deemed highly likely to engage in any conduct disturbing economic or social order or good morals;

5. A mentally disabled person who is void of a capacity of discriminating sense and has no person to assist his or her stay in the Republic of Korea, a person who cannot afford expenses incurred in relation to his or her stay in the Republic of Korea, and a person in need of relief;

6. A person for whom five years have not elapsed after departure from the Republic of Korea under a deportation order;

7. A person who took part in the slaughter or cruel treatment of people on the grounds of race, ethnicity, religion, nationality, political opinion, etc. under an instruction from, or in liaison with, any of the following governments during the period from August 29, 1910 to August 15, 1945:

(a) The Japanese government;

(b) Any government in alliance with the Japanese government;

8. A person equivalent to those referred to in subparagraphs 1 through 7 whose entry into the Republic of Korea is deemed inappropriate by the Minister of Justice.

(2) If the home country of an alien who intends to enter the Republic of Korea refuses the entry of a Korean national for any reason, other than those referred to in the subparagraphs of paragraph (1), the Minister of Justice may refuse the entry of such alien for the same reason.

[This Article Wholly Amended on May 14, 2010]

Article 12-2(Provision of biometrics information at time of entry) #

(1) Every alien who intends to enter the Republic of Korea shall provide his or her biometrics information in the manner prescribed by Decree of the Ministry of Justice and follow the procedures for verifying his or her identity when undergoing an entry inspection pursuant to Article 12; provided, this shall not apply to any of the following persons: <Amended on Jun. 9, 2020>

1. A person under 17 years of age;

2. A person who enters the Republic of Korea to perform the affairs of a foreign government or international organization, and his or her accompanying family;

3. A person prescribed by Presidential Decree as needing to be exempted from provision of his or her biometrics information, in light of the promotion of friendly relationship and cultural exchange with a foreign country, facilitation of economic activities, the interests of the Republic of Korea, etc.

(2) When an alien refuses to provide his or her biometrics information pursuant to the main clause of paragraph (1), an immigration control official may refuse the alien’s entry into the Republic of Korea. <Amended on Jun. 9, 2020>

(3) The Minister of Justice may request relevant administrative agencies to submit an alien’s biometrics information retained by them, if necessary for conducting entry inspections. <Amended on Jun. 9, 2020>

(4) No relevant administrative agency in receipt of a request for cooperation under paragraph (3) shall refuse such request without good cause.

(5) An immigration control official may use the biometrics information provided or submitted under paragraph (1) or (3) for entry inspections. <Amended on Jun. 9, 2020>

(6) The Minister of Justice shall keep and manage the biometrics information provided or submitted under paragraph (1) or (3), as prescribed by the Personal Information Protection Act. <Amended on Mar. 29, 2011; Jun. 9, 2020>

[This Article Added on May 14, 2010]

[Title Amended on Jun. 9, 2020]

[Previous Article 12-2 moved to Article 12-3 <May 14, 2010>]

Article 14(Landing permission for crew) #

(1) An immigration control official may permit the landing of any of the following alien crew members for up to 15 days if an application for landing is filed by the captain of the ship, etc., the forwarding agent or the principal; provided, this shall not apply to an alien crew member falling under any subparagraph of Article 11 (1):

1. An alien crew member who intends to land for the purpose of recreation, etc. while the ship, etc. on which he or she serves moors at any port of entry and departure in the Republic of Korea;

2. An alien crew member who intends to transfer to a ship, etc. scheduled to enter any port of entry and departure in the Republic of Korea or to a ship, etc. which moors thereat.

(2) Upon receipt of an application filed under paragraph (1), an immigration control official shall verify the following documents; provided, where any agreement, etc. with foreign countries stipulates that a seafarers’ identity document may substitute for a passport, the immigration control official may verify a seafarers’ identity document, in lieu of a passport: <Amended on Jun. 9, 2020>

1. A passport or seafarers’ identity document, where an alien crew member referred to in paragraph (1) 1 is a seafarer;

2. A passport and a document prescribed by Presidential Decree, where an alien crew member referred to in paragraph (1) 2 is a seafarer; provided, where such member falls under Article 7 (2) 3, the immigration control official shall verify his or her passport;

3. A passport in the case of other alien crew members.

(3) When an immigration control official grants permission under paragraph (1), he or she shall issue a crewman’s landing permit. In such cases, he or she may impose necessary conditions, such as the period permitted for landing, restrictions on districts within which a crew member can move, etc. on the crew landing permit.

(4) Notwithstanding the latter part of paragraph (3), Article 12 shall apply mutatis mutandis to landing permission for crew member falling under paragraph (1) 2.

(5) The head of a Regional Immigration Service may extend the period of landing permission for alien crew granted landing permission, where deemed necessary. <Amended on Mar. 18, 2014>

(6) Crew landing permits issued under paragraph (3) may be continuously used in any other port of entry and departure in the Republic of Korea until the relevant ship, etc. finally departs from the Republic of Korea.

(7) Article 12-2 shall apply mutatis mutandis to fingerprinting and photographing of alien crew; provided, this shall not apply where the crew is a seafarer and it is impracticable for him or her to be fingerprinted and photographed in following the procedures for obtaining landing permission.

[This Article Wholly Amended on May 14, 2010]

Article 31(Registration of aliens) #

(1) If an alien intends to stay in the Republic of Korea for more than 90 days from the date of entry, the alien shall file for alien registration with the head of the Regional Immigration Service having jurisdiction over his or her place of stay within 90 days from the date of entry into the Republic of Korea, as prescribed by Presidential Decree; provided, this shall not apply to any of the following aliens: <Amended on Mar. 18, 2014>

1. Personnel of foreign diplomatic missions (including embassies and consulates) and international organizations in the Republic of Korea and their families;

2. Aliens who enjoy privileges and immunity similar to those of diplomats or consuls under any agreement entered into with the Government of the Republic of Korea and their families;

3. Persons, etc. invited by the Government of the Republic of Korea and prescribed by Decree of the Ministry of Justice.

(2) Notwithstanding paragraph (1), an alien referred to in any subparagraph of paragraph (1) may file for alien registration during his or her period of stay. <Added on Mar. 29, 2016>

(3) Notwithstanding the main clause of paragraph (1), a person who is granted the status of stay under Article 23 and intends to stay for more than 90 days from the date on which he or she is granted the status of stay shall file for alien registration when he or she is granted the status of stay. <Amended on Mar. 29, 2016>

(4) Notwithstanding the main clause, with the exception of the subparagraphs, of paragraph (1), a person who obtains permission to change his or her status of stay under Article 24 and continues to stay for more than 90 days from his or her entry shall file for alien registration when he or she obtains permission to change his or her status of stay. <Amended on Mar. 29, 2016>

(5) The head of a Regional Immigration Service shall assign an identifiable registration number (hereinafter referred to as "alien registration number") to each alien who has filed for alien registration under paragraphs (1) through (4) in the manner prescribed by Presidential Decree. <Amended on Mar. 18, 2014; Mar. 29, 2016>

[This Article Wholly Amended on May 14, 2010]

Article 33(Issuance of alien registration certificates) #

(1) Upon receipt of an application for alien registration under Article 31, the head of the Regional Immigration Service shall issue an alien registration certificate to the applicant, as prescribed by Presidential Decree; provided, if the alien is under 17 years of age, the head of the Regional Immigration Service need not issue such certificate. <Amended on Mar. 18, 2014>

(2) When an alien to whom no alien registration certificate has been issued under the proviso of paragraph (1) attains 17 years of age, the alien shall apply for an alien registration certificate to the head of the Regional Immigration Service having jurisdiction over his or her place of stay within 90 days. <Amended on Mar. 18, 2014>

(3) The validity period of an alien registration certificate issued to an alien granted the status of permanent residency (hereinafter referred to as a "permanent residency certificate") shall be 10 years. <Added on Mar. 20, 2018>

(4) A person issued a certificate of permanent residency shall have it reissued before its validity period expires. <Added on Mar. 20, 2018>

(5) Matters necessary for procedures for re-issuing certificates of permanent residency under paragraph (4) shall be prescribed by Presidential Decree. <Added on Mar. 20, 2018>

(6) The head of a Regional Immigration Service may issue a mobile alien registration certificate having the same effect as that of the alien registration certificate (referring to an alien registration certificate installed in an encrypted form in a mobile communications terminal device under subparagraph 20 of Article 2 of the Telecommunications Business Act; hereinafter the same shall apply) to an alien who has been issued an alien registration certificate in accordance with paragraph (1). <Added on Jun. 13, 2023; Jan. 21, 2025>

(7) The Minister of Justice may establish and operate an information system for the issuance, etc. of mobile alien registration certificates, as prescribed by Decree of the Ministry of Justice. <Added on Jun. 13, 2023>

(8) Matters regarding the issuance, standard, term of validity, cancelation of validity, etc. of a mobile alien registration certificate under paragraph (6) shall be prescribed by Decree of the Ministry of Justice. <Added on Jun. 13, 2023>

[This Article Wholly Amended on May 14, 2010]

[Title Amended on Mar. 20, 2018]

Article 33-2(Special cases concerning re-issuance of certificate of permanent residency) #

(1) Notwithstanding Article 33, a person granted the status of permanent residency at the time this Act (referring to the Partial Amendment to the Immigration Act (Act No. 15492); hereafter in this Article, the same shall apply) enters into force shall have the certificate of permanent residency re-issued by the head of the local immigration and aliens agency having jurisdiction over his or her staying district according to the following classifications:

1. A person for whom 10 years have elapsed since his or her acquisition date of status of permanent residency at the time this Act enters into force: within two years from the enforcement date of this Act;

2. A person for whom 10 years have not yet elapsed since his or her acquisition date of status of permanent residency at the time this Act enters into force: within two years from the date when 10 years have passed since his or her acquisition date of status of permanent residency.

(2) The head of a regional immigration service having jurisdiction over the staying district of a person falling under any of the following subparagraphs shall send him or her a written notification of re-issuance of the certificate of permanent residency specifying the time-limit of applying for the re-issuance thereof without delay; provided, where it is difficult to send a written notification due to his or her unclear whereabouts, etc., such head shall make public notification in an official Gazette.

(3) Notwithstanding Article 33 (3), the certificate of permanent residency a person who has been granted status of permanent residency pursuant to the previous provisions at the time this Act enter into force shall be deemed effective until he or she has the certificate of permanent residency re-issued pursuant to paragraph (1).

(4) Matters necessary for procedures, etc. for re-issuing certificates of permanent residency under paragraph (1) shall be prescribed by Presidential Decree.

[This Article Added on Mar. 20, 2018]

[Previous Article 33-2 moved to Article 33-3 <Mar. 20, 2018>]

Article 36(Reporting on change in place of stay) #

(1) If an alien who has filed for registration under Article 31 changes his or her place of stay, the alien shall file a moving-in report with the head of the Si/Gun/Gu or Eup/Myeon/Dong where the new place of stay is located, or with the head of the Regional Immigration Service having jurisdiction over the new place of stay, as prescribed by Presidential Decree, within 15 days from the date the alien moves into the new place of stay. <Amended on Mar. 18, 2014; Mar. 29, 2016; Mar. 20, 2018; Jun. 9, 2020>

(2) An alien shall present his or her alien registration certificate when filing a report under paragraph (1). In such cases, the head of the Si/Gun/Gu or Eup/Myeon/Dong or the head of the Regional Immigration Service shall enter details about the change in the place of stay in the alien registration certificate and return it to the alien. <Amended on Mar. 18, 2014; Mar. 29, 2016>

(3) Upon receipt of a moving-in report under paragraph (1), the head of the Regional Immigration Service shall, without delay, give notice of the change in the place of stay to the head of a Si/Gun/Gu or Eup/Myeon/Dong where the new place of stay is located. <Amended on Mar. 18, 2014; Mar. 29, 2016>

(4) Upon receipt of a moving-in report directly under paragraph (1) or the notice of the change in the place of stay from the head of a Regional Immigration Service under paragraph (3), the head of a Si/Gun/Gu or Eup/Myeon/Dong shall promptly request the transfer of the relevant alien registration card from the head of the Si/Gun/Gu or Eup/Myeon/Dong where the former place of stay is located, along with a copy of the report on the change in the place of stay. <Amended on Mar. 18, 2014; Mar. 29, 2016>

(5) Upon receipt of a request for the transfer of an alien registration card pursuant to paragraph (4), the head of the Si/Gun/Gu or Eup/Myeon/Dong where the former place of stay is located shall transfer the alien registration card to the head of the Si/Gun/Gu or Eup/Myeon/Dong where the new place of stay is located, within three days from the date of receipt of such request. <Amended on Mar. 29, 2016>

(6) Upon receipt of an alien registration card transferred under paragraph (5), the head of a Si/Gun/Gu or Eup/Myeon/Dong shall rearrange the reporting person's alien registration card and manage it in accordance with Article 34 (2). <Amended on Mar. 29, 2016>

(7) Upon receipt of a moving-in report under paragraph (1), the head of a Si/Gun/Gu or Eup/Myeon/Dong or the head of a Regional Immigration Service shall promptly notify the relevant fact to the head of the Regional Immigration Service having jurisdiction over the former place of stay, as prescribed by Presidential Decree. <Amended on Mar. 18, 2014; Mar. 29, 2016>

(8) Notwithstanding paragraph (2), where a person who has been issued an alien registration certificate in accordance with Article 33 (6) uses the electronic civil petition window in accordance with Article 12-2 of the Civil Petitions Treatment Act, he or she may include the changed matter of his or her place of stay in the mobile alien registration certificate in lieu of the above matters in the mobile alien registration certificate in accordance with the latter part of paragraph (2). <Added on Jun. 13, 2023>

[This Article Wholly Amended on May 14, 2010]

Article 37(Surrender of alien registration certificates) #

(1) If an alien who has filed for registration under Article 31 departs from the Republic of Korea, the alien shall surrender his or her alien registration certificate to an immigration control official; provided, this shall not apply in cases as follows:

1. Where the alien granted reentry permission intends to reenter within the permitted period after a temporary departure;

2. Where the alien holds a multiple-entry visa or is a national of the country exempt from reentry permission and intends to reenter within the permitted period of stay after a temporary departure;

3. Where the alien was issued a refugee travel document and intends to reenter within the effective period of the refugee travel document after a temporary departure.

(2) If an alien who has filed for registration under Article 31 becomes a national of the Republic of Korea, dies, or falls under any subparagraph of Article 31 (1) (excluding where an alien has filed for alien registration under Article 31 (2)), the alien shall surrender his or her alien registration certificate, as prescribed by Presidential Decree. <Amended on Mar. 29, 2016>

(3) Upon receipt of an alien registration certificate surrendered under paragraph (1) or (2), the head of a Regional Immigration Service shall promptly notify the head of a Si/Gun/Gu or Eup/Myeon/Dong of the place of stay thereof, as prescribed by Presidential Decree. <Amended on Mar. 18, 2014; Mar. 20, 2018>

(4) If it is deemed necessary in the interests of the Republic of Korea, the head of a Regional Immigration Service may take temporary custody of the alien registration certificate of an alien falling under any subparagraph of paragraph (1). <Amended on Mar. 18, 2014>

(5) In cases falling under paragraph (4), if an alien reenters the Republic of Korea within the permitted period, he or she shall collect his or her alien registration certificate from the head of the competent Regional Immigration Service within 15 days after his or her reentry, and if he or she fails to reenter within the permitted period, his or her alien registration certificate shall be deemed surrendered under paragraph (1). <Amended on Mar. 18, 2014; Jun. 9, 2020>

[This Article Wholly Amended on May 14, 2010]

Article 46(Persons subject to deportation) #

(1) The head of a Regional Immigration Service may deport any of the following aliens from the Republic of Korea according to the procedures prescribed in this Chapter: <Amended on Jan. 26, 2012; Mar. 18, 2014; Mar. 29, 2016; Mar. 20, 2018; Aug. 17, 2021>

1. A person who violates Article 7;

2. An alien who violates Article 7-2, or an alien who enters the Republic of Korea by such conduct as a false invitation, stipulated in that Article;

3. A person who has become or is subsequently found to be subject to grounds for prohibition of entry provided in the subparagraphs of Article 11 (1);

4. A person who violates Article 12 (1) or (2), or 12-3;

5. A person who violates any of the terms or conditions of permission imposed by the head of the Regional Immigration Service under Article 13 (2);

6. A person who lands without obtaining permission required under Article 14 (1), 14-2 (1), 15 (1), 16 (1) or 16-2 (1);

7. A person who violates any of the terms or conditions of permission imposed by the head of the Regional Immigration Service or an immigration control official under Article 14 (3) (including cases to which the afore-said provision shall apply mutatis mutandis pursuant to Article 14-2 (3)), 15 (2), 16 (2) or 16-2 (2);

8. A person who violates Article 17 (1) or (2), 18, 20, 23, 24 or 25;

9. A person who changes or adds his or her workplace without obtaining permission, in violation of the main clause of Article 21 (1), or a person who employs an alien or arranges the employment of an alien, in violation of paragraph (2) of that Article;

10. A person who violates a restriction on his or her residence or the scope of activity, or other matters to be observed prescribed by the Minister of Justice under Article 22;

10-2. An alien who violates Article 26;

11. A person who attempts to depart from the Republic of Korea, in violation of Article 28 (1) or (2);

12. A person who violates the obligation to file for alien registration under Article 31;

12-2. A person who violates Article 33-3;

13. A person released after having been sentenced to imprisonment without labor or heavier punishment;

14. A person falling under any subparagraph of Article 76-4 (1);

15. Any other person prescribed by Decree of the Ministry of Justice, equivalent to one of persons referred to in subparagraphs 1 through 10, 10-2, 11, 12, 12-2, 13, and 14.

(2) Notwithstanding paragraph (1), no alien granted the status of permanent residency shall be deported from the Republic of Korea; provided, this shall not apply to any of the following persons: <Amended on Mar. 20, 2018>

1. A person who has committed insurrection stipulated under Chapter I of Part II of the Criminal Act or foreign aggression stipulated under Chapter II of that Act;

2. A person prescribed by Decree of the Ministry of Justice, who is released after having been sentenced to imprisonment with or without labor for at least five years;

3. A person who has committed a violation provided in Article 12-3 (1) or (2), or has abetted or aided a third person in such violation.

[This Article Wholly Amended on May 14, 2010]

Article 56-4(Exercise of coercive force) #

(1) In any of the following circumstances, an immigration control official may exercise coercive force on a detainee, and detain the detainee separately from other detainees. In such cases, it shall be limited to the minimum extent necessary for the safety of a detainee’s life and body, prevention of his or her flight, and maintaining the security of and order in a detention facility:

1. Where the alien intends to commit suicide or inflict self-injury;

2. When he or she inflicts harms on other persons or intends to do so;

3. When he or she escapes or intends to do so;

4. When he or she refuses, interferes with or evades the performance of duties by an immigration control official without good cause;

5. When he or she engage in conduct obviously harming the detention facility and the safety and order of detainees, or intends to do so, in any other way than those provided for in subparagraphs 1 through 4.

(2) An immigration control official shall exercise physical tangible power or only use security equipment designated by the Minister of Justice, such as police clubs, gas jet guns, and electric shock gadgets when exercising coercive force under paragraph (1).

(3) An immigration control official who intends to exercise coercive force under paragraph (1) shall give advance warning to the detainee in question; provided, this shall not apply where there is no time to give advance warning to a detainee in emergency circumstances.

(4) When a detainee falls under any subparagraph of paragraph (1) or it is necessary to maintain order in a detention facility, or to escort, etc. for deportation of a detainee, an immigration control official may use any of the following protective equipment:

1. Handcuffs;

2. Ropes;

3. Protective headgear;

4. Other protective equipment not listed above in subparagraphs 1 through 3 that are prescribed by Decree of the Ministry of Justice and deemed particularly necessary to maintain order in a detention facility, or to escort, etc. for deportation of detainees.

(5) Requirements and procedures for the use of protective equipment under paragraph (4) and other necessary matters shall be prescribed by Decree of the Ministry of Justice.

[This Article Wholly Amended on May 14, 2010]

Article 68(Departure orders) #

(1) The head of a Regional Immigration Service may order an alien to depart from the Republic of Korea if: <Amended on Mar. 18, 2014; Mar. 20, 2018>

1. The alien is deemed to fall under any subparagraph of Article 46 (1), but intends to depart voluntarily at his or her own expense;

2. The alien has received a recommendation for departure under Article 67, but fails to comply therewith;

3. Any of his or her permission, etc. has been revoked under Article 89;

3-2. A person whose status of permanent residency has been revoked pursuant to Article 89-2 (1); provided, a person granted the standard status of stay pursuant to Article 89-2 (2) shall be excluded;

4. It is deemed reasonable to take a measure requiring the alien to depart from the Republic of Korea after having imposed an administrative fine under Article 100 (1) through (3);

5. It is deemed reasonable to take a measure requiring the alien to depart from the Republic of Korea after having taken a disposition of notice under Article 102 (1).

(2) In making a departure order under paragraph (1), the head of the Regional Immigration Service shall issue a written order of departure. <Amended on Mar. 18, 2014>

(3) In issuing a written order of departure under paragraph (2), the head of the Regional Immigration Service may determine the deadline for departure, impose restrictions on residence or other necessary conditions, and, if necessary, allow a performance guarantee of up to 20 million won to be deposited, as prescribed by Decree of the Ministry of Justice. <Amended on Oct. 20, 2020>

(4) The head of a Regional Immigration Service shall promptly issue a written order of deportation to a person subject to a departure order who has failed to depart from the Republic of Korea by the designated deadline or who has violated any of the conditions imposed under paragraph (3), and may revert all or part of the performance guarantee deposited to the National Treasury. <Amended on Mar. 18, 2014; Oct. 20, 2020>

(5) Procedures for depositing, returning, and reverting to the National Treasury a performance guarantee under paragraphs (3) and (4) shall be prescribed by Presidential Decree. <Added on Oct. 20, 2020>

[This Article Wholly Amended on May 14, 2010]

Article 69(Searches and examinations of ships) #

(1) Every ship, etc. that enters or departs from any port of entry and departure shall undergo a search by an immigration control official.

(2) If any reason arises for a ship, etc. to inevitably enter or depart from a place, other than the port of entry and departure, the captain of the ship, etc. or the forwarding agent shall, in advance, give a notice of scheduled entry and departure under Article 74 accompanied by materials explaining the reasons therefor, to the head of the competent Regional Immigration Service, and the ship, etc. shall undergo a search pursuant to paragraph (1); provided, where any unforeseen accident occurs, such as emergency landing of aircraft or shipwreck, such fact shall be without delay reported to the head of the competent Regional Immigration Service to undergo a search. <Amended on Mar. 18, 2014>

(3) In making a search under paragraph (1) or (2), an immigration control official shall examine the following matters:

1. Whether the crew or passengers meet the eligibility requirements for entry and departure, or any of them have left the ship, etc.;

2. Whether a person who attempts to enter or depart from the Republic of Korea in contravention of statutes, is on board the ship, etc.;

3. Whether a person who has failed to obtain permission to embark under Article 72 is on board the ship, etc.

(4) In making a search and an examination under paragraphs (1) through (3), an immigration control official may request the presentation or inspection of the logbooks or other necessary documents to the captain of a ship, etc. present.

(5) In order to verify the identity of the crew and passengers on board a ship, etc., and other persons, an immigration control official may ask questions to them or request them to present documents, etc. certifying their identity.

(6) The head of a Regional Immigration Service may allow the examination of documents in lieu of the search of ships, etc., as prescribed by Decree of the Ministry of Justice. <Amended on Mar. 18, 2014>

(7) In extenuating circumstances making it impossible for a ship, etc. to depart from the port within three hours after the departure search is finished, the captain of the ship, etc. shall report the grounds therefor to the head of the competent Regional Immigration Service, and undergo the search again immediately before the ship, etc. leaves the port. <Amended on Mar. 18, 2014>

[This Article Wholly Amended on May 14, 2010]

Article 73-2(Perusal and provision of passenger reservation information) #

(1) When an immigration control official requests the verification of reservation information to perform any of the following duties, a forwarding agent shall, without delay, allow the official to peruse a reservation information system or submit the reservation information in a standardized electronic document; provided,, if the forwarding agent is unable to submit such information in the standardized electronic document due to an exceptional situation prescribed by Decree of the Ministry of Justice, the forwarding agent may inform the immigration control official of the situation without delay and submit the information in writing:

1. To investigate a person who has violated or is highly likely to having violated Article 7 (1), 7-2 or 12-3 (1);

2. To investigate a person who falls or appears highly likely to fall under any subparagraph of Article 11 (1).

(2) The scope of the information to be perused or submitted in writing under paragraph (1) shall be limited to the following:

1. Name, nationality, address, and telephone number;

2. Number, effective period, and issuing country of the passport;

3. Timing of reservation and boarding process;

4. Travel route and travel agency;

5. Accompanied passenger and seat number;

6. Luggage;

7. Method of settling purchase price for airline tickets;

8. Place of departure and final destination;

9. Reservation number.

(3) When an immigration control official requests a forwarding agent to provide the following information on a passenger who wishes to receive a boarding pass in order to ensure the safety of the passenger and an accurate and rapid inspection for departure and entry, the forwarding agent shall submit the information in a standardized electronic document without delay; provided, if the forwarding agent is unable to submit such information in the standardized electronic document due to an exceptional situation prescribed by Decree of the Ministry of Justice, the forwarding agent may inform immigration control official of the situation without delay and may submit the information in writing: <Amended on Mar. 29, 2016; Jun. 9, 2020>

1. Name, gender, date of birth, and nationality;

2. Passport number and reservation number;

3. Service, place and time of departure;

4. Place and time of arrival;

5. Whether the passenger makes a transit;

6. Biometrics information.

(4) Immigration control officials entitled to peruse or request the submission of information in writing pursuant to paragraphs (1) and (3) shall be limited to persons designated by the head of the competent Regional Immigration Service. <Amended on Mar. 18, 2014>

(5) Upon finding a person ineligible for boarding a ship, etc. due to his or her failure to meet any of the requirements for departure or entry provided in this Act, after having examined the data submitted, an immigration control official designated pursuant to paragraph (4) may give notice to the captain of the relevant ship or the relevant forwarding agent to prevent the person from boarding. <Added on Mar. 29, 2016>

(6) No immigration control official designated pursuant to paragraph (4) shall divulge the information he or she has obtained from reservation information systems in the course of performing his or her duties to any third person, dispose of such information without authority, or use such information for unlawful purposes, such as providing for use by third persons. <Amended on Mar. 29, 2016>

(7) The timing for the perusal and submission of information pursuant to paragraphs (1) and (3) and further details shall be prescribed by Presidential Decree. <Amended on Mar. 29, 2016>

[This Article Added on May 14, 2010]

[Title Amended on Mar. 29, 2016]

Article 75(Obligation to report) #

(1) The captain of every ship, etc. or every forwarding agent that enters and departs from a port of entry and departure or any place, other than a port of entry and departure, shall submit an entry or departure report stating matters prescribed by Presidential Decree, accompanied by a list of crew members and a list of passengers, to the head of the competent Regional Immigration Service. <Amended on Mar. 18, 2014>

(2) The entry or departure report referred to in paragraph (1) shall be submitted in a standardized electronic document; provided, where the captain of a ship, etc. or a forwarding agent is unable to submit such information in a standardized electronic document due to extenuating circumstances prescribed by Decree of the Ministry of Justice, he or she may submit it, without delay, in writing after informing the head of the competent Regional Immigration Service of the grounds therefor.

(3) Detailed matters concerning procedures for submitting entry or departure reports under paragraph (1), including the timing for submission, shall be prescribed by Presidential Decree.

(4) If the captain of a ship, etc. or a forwarding agent that enters a port of entry and departure or any place, other than a port of entry and departure, becomes aware that a person without a valid passport (referring to a passport or seafarers’ identity document in the case of seafarers) is on board the ship, etc., he or she shall promptly report such fact to the head of the competent Regional Immigration Service and prevent the person from landing. <Amended on Mar. 18, 2014>

(5) The captain of a ship, etc. or a forwarding agent that departs from a port of entry and departure or any place, other than a port of entry and departure, shall report the following matters to the head of the competent Regional Immigration Service: <Amended on Jan. 26, 2012; Mar. 18, 2014>

1. Whether a crew member granted landing permission or a passenger granted landing permission for tourism has returned to the ship, etc.;

2. Whether any person intends to depart from the Republic of Korea without undergoing due departure formalities.

[This Article Wholly Amended on May 14, 2010]

Article 78(Cooperation of relevant agencies) #

(1) If necessary for conducting any of the following investigations, an immigration control official may request any relevant agency or organization to cooperate in providing materials or investigating facts, etc.:

1. An investigation under Article 47;

2. Deleted; <Feb. 10, 2012>

3. An investigation of an immigration offender.

(2) In order to perform the following duties, the Minister of Justice may request the following information from related agencies: <Amended on Mar. 29, 2016; Mar. 14, 2017; Mar. 20, 2018; Apr. 23, 2019; Jun. 9, 2020; Dec. 13, 2022>

1. Departure and entry inspection inspections (including the performance of duties under an agreement, where such agreement has been entered into with a foreign country concerning departure and entry inspections using informatization devices): Criminal history records, investigation records, information about passports issued, information about resident registration, computerized information about registration of family relationship, or information about transfer passengers or deceased aliens;

2. Examinations to issue visas or visa issuance certificates: Criminal history records, investigation records, customs-related crimes, information about passports issued or resident registration; information about whether a business entity's temporary or permanent closure of business, tax payment certificates; computerized information about registration of family relationship; or information about the status of international marriage brokers, administrative dispositions, or deceased aliens;

3. Examination for various permits related to the stay of aliens: Criminal history records, investigation records, information about penalty payment, information about administrative fine payment, information about passports issued or resident registration, information about aliens' registration of motor vehicles, information about a business entity's temporary or permanent closure of business, tax payment certificates, information about aliens’ default of taxes, information about aliens' default related to national health insurance and long-term care insurance, information about aliens' default of administrative fines, computerized information about registration of family relationship, information about the current status of international marriage brokers and administrative dispositions, the current status of accommodations, the current status of tourist accommodations, the current status of urban home stay facilities for foreign tourists, the current status of hanok experience facilities, information about deceased aliens, or information about the income of aliens prescribed by Presidential Decree;

4. Investigation of criminals related to departure or entry: Criminal history records, investigation records, dispositions taken against aliens' crimes, customs-related crimes, information about passports issued or resident registration; information about aliens' registration of motor vehicles; tax payment certificates; computerized information about registration of family relationship; information about the status of international marriage brokers and administrative dispositions; the current status of accommodations; the current status of tourist accommodations; the current status of urban home stay facilities for foreign tourists; the current status of hanok experience facilities, or information about deceased aliens;

5. Issuance of certificates of fact: Information about passports issued or resident registration, or computerized information about registration of family relationship.

(3) No related agency or organization shall reject a request for cooperation under paragraph (1) or a request for information under paragraph (2), without justifiable ground. <Amended on Mar. 29, 2016>

(4) The materials submitted under paragraph (1) or the information provided under paragraph (2) shall be kept and managed in accordance with the Personal Information Protection Act. <Added on Mar. 29, 2016>

[This Article Wholly Amended on May 14, 2010]

Article 79-2(Filing various applications as agents) #

(1) An alien, an employer of an alien, the head of an establishment that provides industrial technology training to an alien, or the head of a school where an alien student is either taking a course or participating in a training program (hereinafter referred to as "alien, etc.") may have a person who files an application, etc. on behalf of an alien with regard to his or her stay (hereinafter referred to as "agency") perform the following services:

1. An application for the issuance of visa issuance certificates under Article 9;

2. A report under Article 19 (1) (including cases applied mutatis mutandis pursuant to paragraph (2) of that Article);

3. A report under Article 19-4 (2);

4. A request for permission for activities under Article 20;

5. An application for change or addition of a workplace under the main clause of Article 21 (1);

6. A report on change or addition of a workplace under the proviso of Article 21 (1);

7. An application for the granting of a status of stay pursuant to Article 23 (1);

8. An application for permission to change a status of stay under Article 24;

9. An application for permission to extend a period of stay under Article 25 (1);

10. Other services prescribed by Decree of the Ministry of Justice regarding reports, applications, or receipt of documents, which are related to entry, departure, or stay of aliens.

(2) A person who intends to become an agency shall meet the following requirements to file for registration with the Minister of Justice:

1. Qualifications for an attorney-at-law or a licensed administrative agent;

2. Completion of the educational course necessary for agency services;

3. Personnel who meet the requirements referred to in subparagraphs 1 and 2, in cases of corporations.

(3) Where an agency performs any service prescribed in the subparagraphs of paragraph (1) (hereinafter referred to as "agency services"), it shall comply with the standard procedures for processing agency services prescribed by Decree of the Ministry of Justice.

(4) Detailed matters regarding registration requirements for an agency under paragraph (2), registration procedures, and other matters necessary for the registration of an agency shall be prescribed by Decree of the Ministry of Justice.

[This Article Added on Jun. 9, 2020]

Article 81-3(Duty of aliens to provide information) #

(1) Where an alien granted the status of short-term stay under Article 10-2 (1) 1 (hereinafter referred to as "short-term staying alien") stays in an accommodation operated by any of the following persons (hereinafter referred to as "accommodation business operator"), he or she shall provide materials prescribed by Decree of the Ministry of Justice such as a passport to the accommodation business operator, only in cases prescribed by Decree of the Ministry of Justice such as where a crisis alert is issued under the Infectious Disease Control and Prevention Act or a terror alert is issued under the Act on Counter-Terrorism for the Protection of Citizens and Public Security:

1. A person who files a report on his or her business as accommodation business under the Public Health Control Act;

2. A person file for registration of his or her business as tourist accommodation business, urban home stay business for foreign tourists, or hanok experience business under the Tourism Promotion Act.

(2) An accommodation business operator shall submit materials provided by a short-term staying alien to the Minister of Justice via the information and communications network prescribed by Decree of the Ministry of Justice (hereinafter referred to as "information and communications network") within 12 hours from when the short-term staying alien stays in the accommodation or an alert is issued under paragraph (1); provided, when it is impossible to submit the materials via the information and communications network due to any unavoidable cause, such as communication failures, they may be submitted in a manner prescribed by Decree of the Ministry of Justice.

(3) An accommodation business operator shall retain and manage materials collected to conduct the affairs under paragraph (2) in accordance with the Personal Information Protection Act.

(4) The Minister of Justice shall retain and manage the materials submitted by short-term staying aliens under paragraph (2) in accordance with the Personal Information Protection Act.

(5) Matters necessary for procedures and methods for the establishment and operation of the information and communications network and submission of data under paragraph (2) shall be prescribed by Decree of the Ministry of Justice.

[This Article Added on Jun. 9, 2020]

Article 88-3(Inspection and issuance of certificate of alien's stay) #

(1) A person who intends to inspect, or obtain the issuance of, a document attesting the name of an alien who has reported the seat of a specific building or facility as his or her place of stay and the date his or her place of stay changes (hereinafter referred to as "certificate of an alien's stay") may file an application with the head of a Regional Immigration Office, the head of an Eup/Myeon/Dong, or the head of a branch office.

(2) Any of the following persons shall be eligible to file an application for inspecting, or obtaining the issuance of, a certificate of an alien's stay under paragraph (1):

1. The owner of a specific building or facility or a member of his or her household; a lessee thereof or a member of his or her household; or a person who enters into a sales or lease agreement for the building or facility;

2. A person mandated by the owner of a specific building or facility, a lessee thereof, or a person who enters into a sales or lease agreement for the building or facility;

3. A person who intends to apply for inspection or issuance on any of the following grounds:

(a) Where a participant in an auction intends to participate in the auction pursuant to the relevant statutes or regulations;

(b) Where a credit investigation company under subparagraph 5 (d) of Article 2 of the Credit Information Use and Protection Act or an appraisal corporation, etc. under subparagraph 4 of Article 2 of the Act on Appraisal and Certified Appraisers intends to verify the actual status, etc. of a lessee;

(c) Where a financial company, etc. prescribed by Presidential Decree intends to establish an open-end mortgage on a mortgaged house;

(d) Where an enforcement officer intends to conduct an investigation on the current status under the court’s order to investigate the current status.

(3) Items to be stated in a certificate of an alien's stay, procedures for applying for the inspection or issuance thereof, fees, and other necessary matters shall be prescribed by Decree of the Ministry of Justice.

[This Article Added on Dec. 13, 2022]

Article 91-2(Digitization of applications for visa issuance and permission to stay) #

(1) In order to efficiently process various issuance and permission affairs, the Minister of Justice may keep documents prescribed by Decree of the Ministry of Justice, among the documents submitted by a person who intends to apply for any of the following matters, by converting them into digitized documents under Article 5 (2) of the Framework Act on Electronic Documents and Transactions:

1. Issuance of visas and visa issuance certificates under Articles 8 and 9;

2. Permission for activities not covered by a status of stay under Article 20;

3. Granting of the status of stay under Article 23;

4. Permission to change a status of stay under Article 24;

5. Permission to extend the period of stay under Article 25;

6. Registration of aliens under Article 31;

7. Other matters deemed necessary by the Minister of Justice.

(2) The Minister of Justice may entrust affairs regarding conversion of documents into digitized documents under paragraph (1) (hereafter in this Article referred to as "affairs for digitization") to a person with facilities and human resources prescribed by Decree of the Ministry of Justice; provided, a consultation shall be held with the Minister of Foreign Affairs where affairs for digitization are entrusted in a foreign country.

(3) No current or former executive officer or employee of a corporation to which affairs for digitization are entrusted under paragraph (2) (hereinafter referred to as "agency for digitization") shall divulge any confidential information that he or she has learned in the course of performing his or her duties to any third person or use such information for other purposes than his or her duties.

(4) The Minister of Justice shall, when he or she keeps documents by converting them into digitized documents pursuant to paragraph (1), keep them in a file of the electronic data processing system used by the Ministry of Justice. In such cases, the details included in a file shall be deemed the same as those entered in the relevant documents.

(5) Where an agency for digitization fails to meet the standards for facilities and human resources prescribed by Decree of the Ministry of Justice under paragraph (2), the Minister of Justice may request such agency for digitization to take a corrective measure, and where it fails to comply with the request for taking a corrective measure, the Minister of Justice may revoke the entrustment of affairs for digitization. In such cases, an opportunity to state its opinions shall be provided in advance.

(6) Matters necessary for the methods of conducting affairs for digitization, the period of and procedures for entrustment and designation, and the management and supervision under paragraphs (1), (2) and (5) shall be prescribed by Decree of the Ministry of Justice.

[This Article Added on Apr. 23, 2019]

Article 94(Penalty provisions) #

Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended on Jan. 26, 2012; Jan. 7, 2014; Mar. 29, 2016; Mar. 20, 2018; Apr. 23, 2019; Mar. 24, 2020>

1. A person who departs from the Republic of Korea without undergoing a departure inspection, in violation of Article 3 (1);

2. A person who enters the Republic of Korea, in violation of Article 7 (1) or (4);

3. A person who violates Article 7-2;

4. A person who violates Article 12-3 and does not fall under Article 93-2 (2) or subparagraph 1 or 3 of Article 93-3;

5. A person who lands without obtaining landing permission for crew under Article 14 (1) or landing permission for tourism under Article 14-2 (1);

6. A person who violates any of the conditions imposed on landing permission for crew under Article 14 (3) or landing permission for tourism under Article 14-2 (3);

7. A person who overstays his or her authorized period of stay in the Republic of Korea or stays not in compliance with his or her status of stay, in violation of Article 17 (1);

8. A person who engages in employment without obtaining the status of stay that entitles the person to engage in job-seeking activities, in violation of Article 18 (1);

9. A person who hires a person not granted status of stay that entitles the person to engage in job-seeking activities, in violation of Article 18 (3);

10. A person who arranges or solicits, as his or her business, the employment of an alien not granted status of stay that entitles the alien to engages in employment, in violation of Article 18 (4);

11. A person who places an alien not granted status of stay that entitles the alien to engage in job-seeking activities, under his or her control, in violation of Article 18 (5);

12. A person who engages in activities permitted under a different status of stay without obtaining permission to engage in activities not covered by his or her original status of stay, in violation of Article 20;

13. A person who arranges, as his or her business, the employment of an alien who fails to obtain permission for change or addition of his or her workplace, in violation of Article 21 (2);

14. A person who violates any restriction, etc. imposed under Article 22;

15. A person who stays in the Republic of Korea without obtaining the status of stay, in violation of Article 23;

16. A person who engages in activities permitted by a different status of stay without obtaining permission to change his or her status of stay, in violation of Article 24;

17. A person who continues overstaying his or her authorized period of stay in the Republic of Korea without obtaining an extension of his or her period of stay, in violation of Article 25;

17-2. A person who violates Article 26;

18. A person who departs from the Republic of Korea without undergoing a departure inspection, in violation of Article 28 (1) or (2);

19. A person who violates Article 33-3;

20. A person who violates Article 69 (including cases to which the aforementioned Article shall apply mutatis mutandis pursuant to Article 70 (1) and (2)).

[This Article Wholly Amended on May 14, 2010]

Article 100(Administrative fines) #

(1) Any of the following persons shall be subject to an administrative fine of not exceeding two million won: <Amended on Mar. 29, 2016; Mar. 20, 2018>

1. A person who violates his or her duty to report under Article 19;

2. A person who violates Article 19-4 (1) or any of the subparagraphs of Article 19-4 (2);

3. A person who violates his or her duty to report under the proviso of Article 21 (1);

4. A person who fails to have a certificate of permanent residency re-issued in violation of Article 33 (4) or 33-2 (1);

5. A person who negligently fails to submit an entry or departure report under Article 75 (1) (including cases to which the aforementioned paragraph shall apply mutatis mutandis pursuant to Article 70 (1) and (2)), or (2) (including cases to which the aforementioned paragraph shall apply mutatis mutandis pursuant to Article 70 (1) and (2)), or a person who submits a false report with regard to descriptions of nationality, name, gender, date of birth, and passport number on three or more occasions during the latest one year.

(2) Any of the following persons shall be subject to an administrative fine of not exceeding one million won:

1. A person who violates Article 35 or 37;

2. A person who violates Article 79;

3. A person who refuses or evades an immigration control official’s request to present books or materials under Article 81 (4).

(3) Any of the following persons shall be subject to an administrative fine of not exceeding 500,000 won: <Amended on Mar. 29, 2016; Jun. 9, 2020>

1. A person who fails to apply for issuance of an alien registration certificate, in violation of Article 33 (2);

1-2. A short-term staying alien who fails to provide materials such as a passport, in violation of Article 81-3 (1);

1-3. An accommodation business operator who fails to submit materials provided by short-term staying aliens in violation of Article 81-3 (2), or submits false materials;

2. A person who makes any false statement in an application or a report filed under this Act (excluding the persons who fall under subparagraph 17-2 of Article 94).

(4) Administrative fines provided in paragraphs (1) through (3) shall be imposed and collected by the heads of Regional Immigration Services, as prescribed by Presidential Decree. <Amended on Mar. 18, 2014>

(5) The Minister of Justice may exempt an immigration offender from an administrative fine prescribed in this Act in consideration of his or her age and background, the motive for and consequences of a violation of the Act, capacity to bear an administrative fine, and other circumstances. <Added on Mar. 24, 2020>

[This Article Wholly Amended on May 14, 2010]

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Nationals’ departure from the Republic of Korea) #

Article 4(Prohibition of departure) #

Article 4-2(Extensions of period of prohibition of departure) #

Article 4-3(Revocation of prohibition of departure) #

Article 4-4(Notice of decision on prohibition of departure) #

Article 4-5(Filing objections to decisions on prohibition of departure) #

Article 4-6(Emergency prohibition of departure from the Republic of Korea) #

Article 5(Custody of nationals’ passport) #

Article 6(Nationals’ entry into the Republic of Korea) #

Article 7(Entry of aliens) #

Article 7-2(Prohibition of false invitations) #

Article 7-3(Prior permission for travel) #

Article 8(Visas) #

Article 9(Visa issuance certificates) #

Article 10(Statuses of stay) #

Article 10-2(Standard status of stay) #

Article 10-3(Status of permanent residency) #

Article 11(Prohibition of entry) #

Article 12(Entry inspections) #

Article 12-2(Provision of biometrics information at time of entry) #

Article 12-3(Bans on provision of ships, etc.) #

Article 12-4(Custody of alien’s passport) #

Article 13(Conditional entry permission) #

Article 14(Landing permission for crew) #

Article 14-2(Landing permission for tourism) #

Article 15(Emergency landing permission) #

Article 16(Landing permission in distress) #

Article 16-2(Temporary landing permission for refugees) #

Article 17(Stay and scope of activity of aliens) #

Article 18(Restrictions on employment of aliens) #

Article 19(Obligation to report by employers of aliens) #

Article 19-2(Aliens’ technical training activities) #

Article 19-3 #

Article 19-4(Management of alien students) #

Article 20(Activities not covered by status of stay) #

Article 21(Change and addition of workplace) #

Article 22(Restrictions on scope of activities) #

Article 23(Granting status of stay) #

Article 24(Permission to change status of stay) #

Article 25(Permission to extend period of stay) #

Article 25-2(Special rules for marriage migrants) #

Article 25-3 #

Article 25-4 #

Article 25-5(Special rules for permission to extend period of stay in case of national emergency) #

Article 26(Prohibition of submission of false documents) #

Article 27(Carrying and presentation of passports) #

Article 28(Departure inspections) #

Article 29(Suspension of aliens’ departure) #

Article 29-2(Emergency suspension of alien’s departure) #

Article 30(Permission of reentry) #

Article 31(Registration of aliens) #

Article 32(Matters to be registered by aliens) #

Article 33(Issuance of alien registration certificates) #

Article 33-2(Special cases concerning re-issuance of certificate of permanent residency) #

Article 33-3(Prohibition against use of alien registration certificates as means to secure fulfillment of debt obligation) #

Article 34(Preparation and management of alien registration cards) #

Article 35(Reporting on changes in matters registered by aliens) #

Article 36(Reporting on change in place of stay) #

Article 37(Surrender of alien registration certificates) #

Article 37-2(Cancellation of alien registration) #

Article 38(Provision of biometrics information) #

Article 38-2(Sharing of biometrics information) #

Article 39(Social integration programs) #

Article 40(Favorable treatment on persons who have completed social integration programs) #

Article 41(Social integration volunteer officers) #

Article 42 #

Article 43 #

Article 44 #

Article 45 #

Article 46(Persons subject to deportation) #

Article 46-2(Special rules for enforcement of deportation) #

Article 47(Investigations) #

Article 48(Requests to appear and interrogation of suspects) #

Article 49(Requests to appear and statement of witnesses) #

Article 50(Inspections and requests for presentation of documents) #

Article 51(Immigration detention) #

Article 52(Period and place of detention) #