Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on the Immigration and Legal Status of Overseas Koreans and matters necessary for the enforcement thereof. <Amended by Presidential Decree No. 20321, Oct. 15, 2007; Presidential Decree No. 27521, Sep. 29, 2016>
Article 2(Definition of Overseas Korean Nationals) #
(1) “A person who has acquired the right of permanent residence in a foreign country” defined in subparagraph 1 of Article 2 of the Act on the Immigration and Legal Status of Overseas Koreans (hereinafter referred to as the "Act") means a person who has acquired the right of permanent residence or the status of sojourn for the purpose of long-term residence equivalent thereto from the country of residence. <Amended by Presidential Decree No. 20321, Oct. 15, 2007; Presidential Decree No. 27521, Sep. 29, 2016>
(2) “A person who is residing in a foreign country with a view to living there permanently” defined in subparagraph 1 of Article 2 of the Act means an emigrant overseas defined in Article 2 of the Emigration Act who has not obtained the right of permanent residence from the country of residence. <Amended by Presidential Decree No. 20321, Oct. 15, 2007>
Article 3(Definition of Foreign National Koreans) #
“A person prescribed by Presidential Decree” in subparagraph 2 of Article 2 of the Act means any of the following persons: <Amended by Presidential Decree No. 29936, Jul. 2, 2019>
1. A person who had held the nationality of the Republic of Korea due to birth (including those who had emigrated abroad before the Government of the Republic of Korea was established) and acquired the nationality of a foreign country;
2. A lineal descendants of the person under paragraph (1) who acquired the nationality of a foreign country.
[This Article Wholly Amended by Presidential Decree No. 29936, Jul. 2, 2019]
Article 4(Grant of Status of Sojourn as Overseas Korean) #
(1) To decide whether a foreign national Korean who applied for status of sojourn as overseas Korean under Article 3 of the Act falls under any subparagraph of Article 5 (2) of the Act, the Minister of Justice may request a background investigation and crime record investigation of the applicant to the head of the relevant agency or may seek his or her opinion regarding other necessary matters. In such cases, the head of the relevant agency shall present the investigation result or his or her opinion thereto within 30 days of the request for investigation or opinion. <Amended by Presidential Decree No. 20321, Oct. 15, 2007>
(2) When a ground exists to suspect that a foreign national Korean who applied for status of sojourn as overseas Korean falls under Article 5 (2) 2 of the Act, the Minister of Justice shall request the consultation pursuant to Article 5 (3) of the Act to the Minister of Foreign Affairs. In such cases, the Minister of Foreign Affairs shall present his or her opinion thereto within 30 days of such request: Provided, That when the Minister of Foreign Affairs presented the opinion pursuant to paragraph (3) in advance, the same shall not apply. <Amended by Presidential Decree No. 20321, Oct. 15, 2007; Presidential Decree No. 24415, Mar. 23, 2013; Presidential Decree No. 28953, Jun. 12, 2018>
(3) When a foreign national Korean applies for status of sojourn as overseas Korean to diplomatic establishments abroad, the Minister of Foreign Affairs may present his or her opinion on grant of status of sojourn as overseas Korean to the Minister of Justice even in the absence of a request for consultation made by the Minister of Justice pursuant to paragraph (2). <Amended by Presidential Decree No. 24415, Mar. 23, 2013>
(4) Articles 12 and 23 of the Enforcement Decree of the Immigration Act shall apply mutatis mutandis to the qualification requirements for and activity scope of sojourn as overseas Korean. <Amended by Presidential Decree No. 20321, Oct. 15, 2007>
Article 5 #
Deleted. <by Presidential Decree No. 21087, Oct. 20, 2008>
Article 5-2(Consultation with Relevant Ministry) #
The Minister of Justice may determine the following matters regarding the entry into and departure from the Republic of Korea and sojourn of overseas Korean, in consultation with the relevant Ministry or relevant organization:
1. Matters concerning improvement or modification of the system regarding the grant of status of sojourn as overseas Korean;
2. Matters concerning domestic employment and activity scope of a person acquiring status of sojourn as overseas Korean;
3. Other important matters concerning the policy of entry and departure and sojourn of overseas Korean.
[This Article Newly Inserted by Presidential Decree No. 21087, Oct. 20, 2008]
Article 6(Definition of Place of Residence in Korea) #
“A place of residence” in Article 6 (1) of the Act means a place where a person stays to reside for at least 30 days.
Article 7(Report of Domestic Place of Residence) #
(1) When a foreign national Korean intends to report the domestic place of residence pursuant to Article 6 (1) of the Act, he or she shall submit the report of the domestic place of residence, including the following, to the head of an immigration office (hereinafter referred to as the "head of office"), the head of a local immigration office (hereinafter referred to as the "head of local office") or the head of a branch of the immigration office or local immigration office (hereinafter referred to as the "head of branch office") having jurisdiction over the place of residence: Provided, that in cases of failing to report the domestic place of residence, he or she shall file for foreigner registration pursuant to Article 31 of the Immigration Act within 90 days from the date he or she enters the Republic of Korea: <Amended by Presidential Decree No. 25670, Oct. 28, 2014; Presidential Decree No. 28870, May 8, 2018>
1. Name, gender, and date of birth of a reporter;
2. Address in country of residence;
3. Place of residence in the Republic of Korea;
4. Job;
5. Nationality and the date of acquisition thereof;
6. Passport number and the issuance date thereof;
7. Other matters determined by the Minister of Justice.
(2) When a foreign national Korean who resides in the Republic of Korea with a status of sojourn other than the status of sojourn as overseas Korean was granted permission to change his or her status of sojourn to overseas Korean from the Minister of Justice, he or she may report the domestic place of residence pursuant to paragraph (1).
(3) When a foreign national Korean reports the domestic place of residence pursuant to paragraphs (1) and (2), the head of office, head of local office, or head of branch office may request the confirmation of the fact to the head of the relevant agency to confirm the fact. <Amended by Presidential Decree No. 25670, Oct. 28, 2014; Presidential Decree No. 28870, May 8, 2018>
(4) The head of the relevant agency requested to confirm the fact pursuant to paragraph (3) shall notify the head of office, head of local office, or head of branch office of the confirmation result within 15 days. <Amended by Presidential Decree No. 28870, May 8, 2018>
Article 8 #
Deleted. <by Presidential Decree No. 25670, Oct. 28, 2014>
Article 9(Attached Documents for Reporting Domestic Place of Residence) #
A foreign national Korean who reports the domestic place of residence under Article 7 (1) shall submit a report of the domestic place of residence by attaching a photo with dimensions of three by four centimeters and the following documents thereto:
1. Copy of passport;
2. Other documents determined and publicly notified by the Minister of Justice in consultation with the relevant Ministry or relevant organization.
[This Article Wholly Amended by Presidential Decree No. 25670, Oct. 28, 2014]
Article 10(Preparation and Management of Registered Record of Report of Domestic Places of Residence) #
(1) When a foreign national Korean reports the domestic place of residence under Article 7 (1), the head of office, head of local office, or head of branch office with whom such report is filed shall prepare and provide a registered record of report of domestic places of residence individually and shall prepare a register of domestic places of residence and send it to the head of the Si/Gun/Gu (including the head of an administrative Si under Article 11 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City and the head of a Gu which is not an autonomous Gu; hereinafter referred to as “the head of the Si/Gun/ Gu”) or head of the Eup/Myeon/Dong having jurisdiction over the residence of the foreign national Korean. <Amended by Presidential Decree No. 20321, Oct. 15, 2007; Presidential Decree No. 25670, Oct. 28, 2014; Presidential Decree No. 26922, Jan. 22, 2016; Presidential Decree No. 27521, Sep. 29, 2016; Presidential Decree No. 28870, May 8, 2018>
(2) The head of office, head of local office, or head of branch office shall state the following in the registered record of report of domestic places of residence and manage it: <Amended by Presidential Decree No. 28870, May 8, 2018>
1. Matters of various permission or items reported;
2. Matters of change of domestic place of residence;
3. Modified matters stated in a report card of domestic place of residence;
4. Matters of reissuance of a report card of domestic place of residence;
5. Matters of returning a report card of domestic place of residence;
6. Imposition of an administrative fine under the Act and other matters of violating statutes.
(3) When the head of the Si/Gun/Gu or head of the Eup/Myeon/Dong received a register of domestic places of residence pursuant to paragraph (1), he or she shall state the matter reported in a registered record of report of domestic places of residence and provide it individually. <Newly Inserted by Presidential Decree No. 20321, Oct. 15, 2007; Presidential Decree No. 27521, Sep. 29, 2016>
Article 11(Report of Change of Domestic Place of Residence) #
(1) Where a person who changes a residence intends to report change of domestic place of residence pursuant to Article 6 (2) of the Act, he or she shall submit a report of change of domestic place of residence to the head of the Si/Gun/Gu or head of the Eup/Myeon/Dong, or the head of office, head of local office, or head of branch office, having jurisdiction over the new residence. <Amended by Presidential Decree No. 20321, Oct. 15, 2007; Presidential Decree No. 27521, Sep. 29, 2016; Presidential Decree No. 28870, May 8, 2018; Presidential Decree No. 28953, Jun. 12, 2018>
(2) The head of a Si/Gun/Gu or head of an Eup/Myeon/Dong, or the head of office, head of local office, or head of branch office, to whom a change of domestic place of residence is reported pursuant to paragraph (1), shall state the matters of change of place of residence in the report card of domestic place of residence and issue it to a reporter. <Amended by Presidential Decree No. 20321, Oct. 15, 2007; Presidential Decree No. 27521, Sep. 29, 2016; Presidential Decree No. 28870, May 8, 2018>
(3) The head of the Si/Gun/Gu or head of the Eup/Myeon/Dong to whom a change of domestic place of residence is reported pursuant to paragraph (1) shall send a copy of the report of change of domestic place of residence to the head of the Si/Gun/Gu or head of the Eup/Myeon/Dong having jurisdiction over the previous residence and shall request him or her to transfer the register of domestic places of residence of the relevant foreign national Korean, and the head of office, head of local office, or head of branch office to whom a change of domestic place of residence was reported shall send a copy of the report of change of domestic place of residence to the head of office, head of local office, or head of branch office having jurisdiction over the previous residence and shall request him or her to transfer the registered record of report of domestic places of residence of the relevant foreign national Korean. <Amended by Presidential Decree No. 20321, Oct. 15, 2007; Presidential Decree No. 25670, Oct. 28, 2014; Presidential Decree No. 27521, Sep. 29, 2016; Presidential Decree No. 28870, May 8, 2018>
(4) The head of the Si/Gun/Gu or head of the Eup/Myeon/Dong who was notified of the report of change of domestic place of residence pursuant to Article 6 (3) of the Act shall request the head of the Si/Gun/Gu or head of the Eup/Myeon/Dong having jurisdiction over the previous residence to transfer the register of domestic places of residence of the relevant foreign national Korean, and the head of office, head of local office, or head of branch office who was notified of the report shall request the head of office, head of local office, or head of branch office having jurisdiction over the previous residence to transfer the registered record of report of domestic places of residence. <Newly Inserted by Presidential Decree No. 20321, Oct. 15, 2007; Presidential Decree No. 25670, Oct. 28, 2014; Presidential Decree No. 27521, Sep. 29, 2016; Presidential Decree No. 28870, May 8, 2018>
Article 12(Issuance of Report Card of Domestic Place of Residence) #
(1) When the head of office, head of local office, or head of branch office with whom a report of place of residence was filed pursuant to Article 7, he or she shall grant the individual report number of the domestic place of residence to an applicant pursuant to Article 7 (1) of the Act and shall stamp a seal of report of domestic place of residence in passport, etc. <Amended by Presidential Decree No. 28870, May 8, 2018>
(2) When the head of office, head of local office, or head of branch office issues a report card of domestic place of residence pursuant to Article 7 (1) of the Act, he or she shall state such fact in the register of domestic places of residence of foreign national Korean. <Amended by Presidential Decree No. 25670, Oct. 28, 2014; Presidential Decree No. 28870, May 8, 2018>
(3) Methods of granting the report number of the domestic place of residence shall be prescribed by Ordinance of the Ministry of Justice.
Article 13(Reissuance of Report Card of Domestic Place of Residence) #
(1) The head of office, head of local office, or head of branch office may reissue a report card of domestic place of residence to a person who was issued with a report card of domestic place of residence, where any of the following grounds exists: <Amended by Presidential Decree No. 27521, Sep. 29, 2016; Presidential Decree No. 28870, May 8, 2018; Presidential Decree No. 28953, Jun. 12, 2018>
1. Where a report card of domestic place of residence is lost;
2. Where a report card of domestic place of residence is worn out to use:
3. Where a report card of domestic place of residence lacks the space to write down;
4. Where the name, date of birth, nationality, or country of residence under Article 7 (2) of the Act has changed;
5. Where it is necessary to renew all report cards of domestic place of residence at once for forgery prevention, etc.
(2) A person who intends to have a report card of domestic place of residence reissued pursuant to paragraph (1) shall attach the document explaining the grounds for reissuance and a photo to the reissuance application of report card of domestic place of residence and shall submit it to the head of office, head of local office, or head of branch office. In such cases, where he or she applies for the reissuance on the grounds under subparagraphs 2 through 5 of paragraph (1), he or she shall attach the original report card of place of residence to the application. <Amended by Presidential Decree No. 27521, Sep. 29, 2016; Presidential Decree No. 28870, May 8, 2018; Presidential Decree No. 28953, Jun. 12, 2018>
(3) When the head of office, head of local office, or head of branch office reissues a report card of domestic place of residence, he or she shall state the necessary matters in the registered record of report of domestic places of residence and shall destroy the report card of domestic place of residence submitted pursuant to the latter part of paragraph (2). <Amended by Presidential Decree No. 26312, Jun. 15, 2015; Presidential Decree No. 28870, May 8, 2018>
(4) When the head of office, head of local office, or head of branch office reissues a report card of domestic place of residence on the ground referred to in paragraph (1) 4, he or she shall attach a copy of the reissuance application of report card of domestic place of residence and shall notify the head of the Si/Gun/Gu or head of the Eup/Myeon/Dong having jurisdiction over the residence, of such fact. <Newly Inserted by Presidential Decree No. 20321, Oct. 15, 2007; Presidential Decree No. 27521, Sep. 29, 2016; Presidential Decree No. 28870, May 8, 2018>
Article 14(Return of Report Card of Domestic Place of Residence) #
(1) Where any of the following grounds occurs to a foreign national Korean pursuant to Article 8 of the Act, the foreign national Korean shall return his or her report card of place of residence to the head of office, head of local office, or head of branch office having jurisdiction over the residence of the foreign national Korean (referring to the port of departure in cases of subparagraph 4): <Amended by Presidential Decree No. 25670, Oct. 28, 2014; Presidential Decree No. 28953, Jun. 12, 2018; Presidential Decree No. 29163, Sep. 18, 2018>
1. Where a foreign national Korean becomes a Korean national, the relevant person, his or her spouse or parent, or a person in Article 89 (1) of the Enforcement Decree of the Immigration Act shall return the report card of place of residence within 14 days from the date the relevant person completes the resident registration;
2. Where a foreign national Korean becomes disqualified for sojourn as overseas Korean, the relevant person, his or her spouse or parent, or a person in Article 89 (1) of the Enforcement Decree of the Immigration Act shall return the report card of place of residence within 14 days from the date the relevant person learns the fact that he or she becomes disqualified for sojourn as overseas Korean: Provided, That where the foreign national Korean changes his or her qualification from the qualification for sojourn as overseas Korean to the qualification for sojourn in attached Tables 1 through 1-3 of the Enforcement Decree of the Immigration Act, the foreign national Korean shall return it when he or she obtains permission to change the relevant qualification for sojourn;
3. Where a foreign national Korean dies in Korea, his or her spouse or parent, or a person in Article 89 (1) of the Enforcement Decree of the Immigration Act shall return his or her report card of place of residence, accompanied by a diagnostic certificate, death certificate, or other document verifying the fact of death, within 14 days from the date his or her spouse or parent, or the person in Article 89 (1) of the Enforcement Decree of the Immigration Act learns the death of the foreign national Korean;
4. Where a foreign national Korean departs from Korea within the period of sojourn as overseas Korean without any intention to re-enter Korea, the relevant foreign national Korean shall return it at departure.
(2) Deleted. <by Presidential Decree No. 28953, Jun. 12, 2018>
(3) When the report card of domestic place of residence is returned to the head of office, head of local office, or head of branch office having jurisdiction over a port of departure pursuant to paragraph (1) 4, he or she shall notify such fact to the head of office, head of local office, or head of branch office having jurisdiction over the residence, without delay. <Amended by Presidential Decree No. 28870, May 8, 2018; Presidential Decree No. 28953, Jun. 12, 2018>
Article 14-2(Management of Duties Using Information and Communications Networks) #
The head of a Si/Gun/Gu, head of an Eup/Myeon/Dong, or the head of office, head of local office, or head of branch office may manage duties regarding the issuance of a fact certificate of the report of domestic place of residence under Article 7 (5) of the Act, preparation and management of registered record, etc. of report of domestic places of residence under Article 10, report of change of domestic place of residence under Article 11, notification of reissuance of report card of domestic place of residence under Article 13 (4) and (5), and return, etc. of report card of domestic place of residence under Article 14, by data matching using information and communications networks. <Amended by Presidential Decree No. 27521, Sep. 29, 2016; Presidential Decree No. 28870, May 8, 2018>
[This Article Newly Inserted by Presidential Decree No. 20321, Oct. 15, 2007]
Article 15(Relationship to Resident Registration) #
The purport that a report card of domestic place of residence may substitute a resident registration certificate or an alien registration card under Article 9 of the Act shall be stated in the report card of domestic place of residence.
Article 16(Extension of Period of Sojourn) #
(1) When a foreign national Korean who applies for the extension of the period of sojourn pursuant to Article 10 (2) of the Act, falls under any of the following, the Minister of Justice need not permit it: Provided, That in cases falling under subparagraph 1, he or she shall not permit it: <Amended by Presidential Decree No. 21087, Oct. 20, 2008; Presidential Decree No. 27521, Sep. 29, 2016>
1. When he or she falls under Article 5 (2) of the Act;
2. When he or she violates the Act or the Immigration Act;
3. When he or she was sentenced to imprisonment without labor or greater punishment;
4. Other cases where the Minister of Justice gives public notice in consultation with the relevant Ministry or relevant organization.
(2) The standard for permission for extension of the period of sojourn under paragraph (1) shall be determined by the Minister of Justice in consultation with relevant Ministry or relevant organization. <Amended by Presidential Decree No. 21087, Oct. 20, 2008>
(3) Articles 31, 33, and 34 of the Enforcement Decree of the Immigration Act shall apply mutatis mutandis to the procedure for granting permission for extension of the period of sojourn for foreign national Koreans. <Amended by Presidential Decree No. 20321, Oct. 15, 2007; Presidential Decree No. 27521, Sep. 29, 2016>
Article 17(Acquisition and Possession of Real Estates) #
@Article 5 (1) of the Enforcement Decree of the Act on Report on Real Estate Transactions, Etc. shall apply mutatis mutandis to the procedure for reporting when a foreign national Korean intends to acquire or possess a domestic real estate pursuant to Article 11 (1) of the Act. In such cases, he or she shall attach a copy of the report card of place of domestic residence issued under Article 7 of the Act. <Amended by Presidential Decree No. 20321, Oct. 15, 2007; Presidential Decree No. 27793, Jan. 17, 2017>
Article 17-2(Management of Sensitive Information and Personally Identifiable Information) #
The Minister of Justice, the head of office, head of local office, or head of branch office, or the head of a Si/Gun/Gu, or head of an Eup/Myeon/Dong (including a person to whom the relevant authority is delegated or entrusted, when the authority is delegated or entrusted) may manage information regarding ideology, belief, or health under Article 23 of the Personal Information Protection Act, DNA information or criminal history record referred to in subparagraph 1 or 2 of Article 18 of the Enforcement Decree of the same Act, or data containing resident registration numbers, passport numbers, or alien registration numbers under subparagraph 1, 2, or 4 of Article 19 of the Enforcement Decree of the same Act, where it is inevitable to conduct the following: <Amended by Presidential Decree No. 27521, Sep. 29, 2016; Presidential Decree No. 28870, May 8, 2018>
1. Affairs regarding grant of status of sojourn as overseas Korean under Article 5 of the Act;
2. Affairs regarding report of a domestic place of residence under Article 6 of the Act;
3. Affairs regarding issuance and reissuance of a report card of domestic place of residence and issuance of a fact certificate of the report of domestic place of residence under Article 7 of the Act;
4. Affairs regarding return of a report card of domestic place of residence under Article 8 of the Act;
5. Other necessary matters for performing affairs under subparagraphs 1 through 4.
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
Article 17-3(Re-Examination of Regulation) #
The Minister of Justice shall examine the appropriateness of the following matters every three years counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements: <Amended by Presidential Decree No. 27751, Dec. 30, 2016; Presidential Decree No. 28953, Jun. 12, 2018>
1. Attached documents in reporting a domestic place of residence under Article 9: January 1, 2017;
2. Procedure for reporting change of domestic place of residence under Article 11: January 1, 2017;
3. Timing and method for returning a report card of domestic place of residence under Article 14 (1): January 1, 2017;
4. Standard for permission of extension of period of sojourn under Article 16 (1): January 1, 2017.
[This Article Newly Inserted by Presidential Decree No. 25954, Dec. 31, 2014]
Article 18(Guidelines for Imposition of Administrative Fines) #
The guidelines for imposition of administrative fines under Article 17 (1) and (2) of the Act shall be specified in the attached Table.
[This Article Wholly Amended by Presidential Decree No. 28245, Aug. 16, 2017]