As published on Immigration Bureau of Korea's website on January 21, 2006
IMMIGRATION CONTROL ACT
Wholly Amended by Act No. 4522, Dec. 8, 1992
Amended by Act No. 4592, Dec. 10, 1993
Act No. 4796, Dec. 22, 1994
Act No. 5176, Dec. 12, 1996
Act No. 5434, Dec. 13, 1997
Act No. 5755, Feb. 5, 1999
Act No. 6540, Dec. 29, 2001
Act No. 6745, Dec. 5, 2002
Act No. 7034, Dec. 31, 2003
Act No. 7406, Mar. 24, 2005
CHAPTER Ⅰ GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to provide for matters concerning control over the immigration of all nationals and foreigners who enter or depart from the Republic of Korea, control over the sojourn of foreigners who stay in the Republic of Korea, and the procedure for recognition of refugees.
Article 2 (Definitions)
For the purpose of this Act,
1.the term “national” means a national of the Republic of Korea;
2.the term “foreigner” means any person who has no nationality of the Republic of Korea;
2-2.the term “refugee” means a person to whom the Convention relating to the Status of Refugees (hereinafter referred to as the “Refugee Agreement”) is applied under Article 1 of the Refugee Agreement and Article 1 of the Protocol relating to the Status of Refugees;
3.the term “passport” means a passport or refugee travel certificate issued by the Government of the Republic of Korea, any foreign government or competent international organization, or any other certificate equal to the passport which the Government of the Republic of Korea acknowledges valid;
4.the term “seaman’s identification paper” means a document issued by the Government of the Republic of Korea or a foreign government, which certifies that its holder is a seaman;
5.the term “entry and departure port” means a harbor, airport or other places in the Republic of Korea, through which any person may enter or depart from the Republic of Korea, and which is prescribed by the Presidential Decree;
6.the term “head of a diplomatic mission abroad” means an ambassador, minister, consul-general or consul of the Republic of Korea residing in a foreign country, or the head of an organization carrying out the consular affairs;
7.Deleted;
8.the term “ships, etc.” means ships, airplanes, trains, automobiles and other transportation means which transport persons or things between the Republic of Korea and any area outside the Republic of Korea;
9.the term “crew” means persons who perform their duties on ships, etc.;
10.the term “forwarder” means a person who operates any business using ships, etc., and a person who executes vicariously any transaction belonging to the forwarder’s business on behalf of the forwarder;
11.the term “foreigner internment room” means a place provided at the Immigration Control Office or its branch office for the purpose of detaining foreigners under this Act;
12.the term “foreigner internment camp” means facilities installed for the purpose of protecting foreigners under this Act, and prescribed by the Presidential Decree; and
13. the term "immigration offender" means a person who is deemed to have committed any of offenses as prescribed in Articles 93-2, 93-3, 94 through 99, 99-2 and 100.
13.the term “immigration offender” means a person who is deemed to have committed any of offenses as prescribed in Articles 93-2, 93-3, 94 through 99, 99-2, 99-3 and 100.
Enforcement Date: September 25, 2005
CHAPTER Ⅱ ENTRY AND DEPARTURE OF NATIONALS TO AND FROM KOREA
Article 3 (Departure of National from Korea)
(1) Any national who desires to depart from the Republic of Korea to an area outside the Republic of Korea (hereinafter referred to as “departure”), shall hold a valid passport and undergo a departure inspection conducted by the immigration control official at the entry and departure port from which the national is to depart: Provided, That if it is impossible to depart from the entry and departure port by any inevitable reason, he may depart after undergoing the departure inspection conducted by an immigration control official at a place other than the entry and departure port with a permission of the head of the competent Immigration Control Office (hereinafter referred to as the “head of office”) or the head of the competent branch office of the Immigration Control Office (hereinafter referred to as the “head of branch office”).
(2) When the national has undergone the inspection as referred to in paragraph (1), he shall hold an effective entry visa issued by the country of destination or transit, except in case where he departs for a country in which he is exempted from obtaining an entry visa under an agreement between the Republic of Korea and the country concerned, or the immigration control official recognizes that a visa is not required.
(2) Deleted.
Enforcement Date: September 25, 2005
Article 4 (Prohibition of Departure)
(1) The Minister of Justice may prohibit a national who falls under any of the following subparagraphs from departing from the Republic of Korea:
1.A person whose departure is deemed to be undue for a criminal investigation;
2.A person who is pending in a criminal trial;
3.A person whose penal servitude or imprisonment penalty has not yet completed;
4.A person who has not paid the fine or additional charge not less than the amount as stipulated by the Ordinance of the Ministry of Justice;
5.A person who has not paid the national tax, customs or local tax not less than the amount as stipulated by the Ordinance of the Ministry of Justice by the deadline of payment without any justifiable reasons; and
6.Other persons corresponding to subparagraphs 1 through 5 and whose departure is deemed by the Ordinance of the Ministry of Justice to be undue, as there exist some concerns over damaging the interest, public safety or economic order of the Republic of Korea.
(2) In conducting the departure inspection, the immigration control official shall not allow a person whose departure is prohibited under paragraph (1), to depart from the Republic of Korea.
Article 5 (Custody of National’s Passport, etc.)
(1) The immigration control official may withdraw and have the custody of a passport of a person whose departure is prohibited under Article 4 (1).
(2) If the immigration control official finds a national’s forged or altered passport or seaman’s identification paper, he may withdraw and have the custody of it.
Article 6 (Entry of National)
(1) If a national desires to enter the Republic of Korea from an area outside the Republic of Korea (hereinafter referred to as “entry”), he shall hold a valid passport, and undergo an entry inspection conducted by an immigration control official at the entry and departure port through which he may enter the Republic of Korea: Provided, That if it is impossible to enter the Republic of Korea through the entry and departure port for any inevitable reason, he may enter after undergoing the entry inspection conducted by the immigration control official at a place other than the entry and departure port with the permission of the head of office or branch office.
(2) If a national desires to enter the Republic of Korea without holding a valid passport due to loss of it or for any other reason, the immigration control official may allow him to enter through a procedure of confirmation.
CHAPTER Ⅲ ENTRY AND LANDING OF FOREIGNER
SECTION 1 Entry of Foreigner
Article 7 (Entry of Foreigner)
(1) If any foreigner desires to enter the Republic of Korea, he shall hold a valid passport and a visa issued by the Minister of Justice.
(2) Notwithstanding the provisions of paragraph (1), any foreigner who falls under any of the following subparagraphs may enter the Republic of Korea without visa:
1.A person who enters the Republic of Korea after obtaining the permission of reentry, but before the period of reentry permission expires;
1.A person who obtains the permission of reentry or who is exempted from the permission of reentry, and who enters the country before the period of such a permission or exemption expires;
Enforcement Date: September 25, 2005
2.A person who is a national of the country which has concluded an agreement on the waver of visa with the Republic of Korea, and who becomes the object of exemption under the convention; and
3.A person who enters the Republic of Korea for the international friendship, sightseeing or interest of the Republic of Korea, etc., and who has separately obtained the permission of entry under the conditions as prescribed by the Presidential Decree; and
4.A person who departed from the Republic of Korea with a refuge travel certificate issued, and enters the Republic of Korea before the term of validity of such certificate expires.
(3) If it is deemed necessary for the maintenance of public order or the interest of the Republic of Korea, the Minister of Justice may temporarily suspend the application of the Visa Exemption Convention to those who fall under paragraph (2) 2.
(4) Notwithstanding the provisions of paragraph (1), any national of a country which has no diplomatic relationship with the Republic of Korea, or which is designated by the Minister of Justice after consulting with the Minister of Foreign Affairs and Trade, may enter the Republic of Korea holding a foreigner entry permit issued by the head of the diplomatic mission abroad, office or branch office under the conditions as prescribed by the Presidential Decree.
(5) In order for immigration control officials to engage in affairs issuing visas or foreigner entry permit as referred to in paragraph (1) or (4), the Minister of Justice may assign such officials to diplomatic missions abroad, etc. under the conditions as prescribed by the Presidential Decree.
(5) Deleted.
(Enforcement Date: September 25, 2005)
Article 7-2 (Prohibition of False Invitation, etc.)
No one shall conduct activities falling under any of the following subparagraphs in order to allow a foreigner to enter the Republic of Korea:
1.Acts of inviting a foreigner by illegal means such as a statement of false fact or a false identity guarantee, or acts of assisting it; and
2.Acts of falsely applying for a visa or a visa issuance certificate, or acts of assisting it.
(This Article Newly Inserted by Act No. 6540, Dec. 29, 2001)
Article 8 (Visa)
(1) Visas as prescribed in Article 7 shall be categorized as single visas valid for only one entry into the Republic of Korea and multiple visas valid for two or more entries.
(2) The Minister of Justice may delegate his authority to issue visas to the head of the diplomatic mission abroad under the conditions as prescribed by the Presidential Decree.
(3) The criteria and procedure for issuing visas shall be determined by the Ordinance of the Ministry of Justice.
Article 9 (Visa Issuance Certificates)
(1) If it is deemed essential, the Minister of Justice may issue a visa issuance certificate at the request of any foreigner who intends to enter the Republic of Korea prior to issuance of a visa as prescribed in Article 7 (1).
(2) The application for a visa issuance certificate referred to in paragraph (1) may be filed by any person who intends to invite any foreigner to visit the Republic of Korea on behalf of the latter.
(3) The criteria and procedure for issuing visa issuance certificates as referred to in paragraph (1) shall be determined by the Ordinance of the Ministry of Justice.
Article 10 (Status of Sojourn)
(1) A foreigner wishing to enter the Republic of Korea shall satisfy requirements of status of sojourn as provided for in the Presidential Decree.
(2) The maximum period of sojourn for each status of sojourn, which is allowed at each occasion, shall be determined by the Ordinance of the Ministry of Justice.
Article 11 (Prohibition, etc. of Entry)
(1) The Minister of Justice may prohibit the entry of a foreigner who falls under any of the following subparagraphs:
1.Persons carrying an epidemic disease, narcotic addicts or other persons deemed likely to cause danger and harm to the public health;
2.Persons who intend to enter the Republic of Korea unlawfully carrying firearms and guns, swords, explosives, etc. as prescribed by the Control of Firearms, Swords, Explosives, etc. Act;
3.Persons deemed highly likely to commit any act detrimental to the interest of the Republic of Korea or public safety;
4.Persons deemed highly likely to commit any act detrimental to the economic or social order or the good morals;
5. Mentally handicapped persons, vagabonds, the destitute or other persons in need of relief;
5.Mentally handicapped persons who are void of a capacity of discriminating sense and have no person to assist their sojourn activities in the Republic of Korea, a person who is void of bearing the sojourn expenses in the Republic of Korea, and other persons in need of relief;
Enforcement Date: September 25, 2005
6.Persons for whom five years have not elapsed after departure from the Republic of Korea under a deportation order;
7.Persons who have taken part in the slaughter or cruel treatment of people on the grounds of race, ethnicity, religion, nationality, political opinion, etc. under instructions from or in liaison with the Japanese government, any government which was in alliance with the Japanese government, or any government on which the Japanese government exercised predominant influence from August 29, 1910 until August 15, 1945; and
8.Persons who correspond to any of subparagraphs 1 through 7 and who are deemed by the Minister of Justice as persons whose entries are improper.
(2) If the home country of a foreigner who intends to enter the Republic of Korea refuses an entry of a national of the Republic of Korea for any reason other than those as referred to in any of subparagraphs of paragraph (1), the Minister of Justice may refuse the entry of such foreigner for the same reason.
Article 12 (Entry Inspection)
(1) If a foreigner desires to enter the Republic of Korea, he shall undergo an entry inspection by the immigration control official at the entry and departure port.
(2) The proviso of Article 6 (1) shall be mutatis mutandis applicable to the case as referred to in paragraph (1).
(3) In conducting the entry inspection, the immigration control official shall permit the entry after examining whether or not the following requirements are satisfied:
1.The passport and the visa shall be valid: Provided, That the visa is limited only to case where it is required;
2.The object of entry shall comply with the status of sojourn;
3.The sojourn period shall be determined under the conditions as prescribed by the Ordinance of the Ministry of Justice; and
4.The foreigner shall not be subject to the prohibition or refusal of the entry as prescribed in Article 11.
(4) If the immigration control official deems that a foreigner fails to meet any of the requirements as referred to in subparagraphs of paragraph (3), he may refuse to grant entry permission.
(4) If the immigration control official deems that a foreigner fails to prove having equipped with the requirements as referred to in subparagraphs of paragraph (3), he may refuse to grant entry permission.
(Enforcement Date: September 25, 2005)
(5) Upon granting entry permission to a foreigner falling under Article 7 (2) 2 or 3, the immigration control official shall qualify him for sojourn and determine the period of sojourn under the conditions as prescribed by the Presidential Decree.
(6) The immigration control official may enter ships, etc. for the purpose of conducting the inspection as referred to in paragraph (1) or (2).
(7) The provisions of Article 5 (2) shall apply mutatis mutandis to the case as referred to in paragraphs (1) and (2).
Article 12-2 (Ban on Provision of Ships, etc.)
(1) No person shall provide or arrange ships, etc., passports, seamen's pocket books, visa, boarding tickets, and other documents and goods usable for entry into or departure from the country for the purpose of illegally allowing any foreigner to enter or depart from the Republic of Korea.
(1) No person shall provide or arrange ships, etc., passports, or visa, boarding tickets, and other documents and goods usable for entry into or departure from the country, for the purpose of illegally allowing any foreigner to enter or depart from the country or having him illegally enter other country via the Republic of Korea.
[[Enforcement Date: September 25, 2005
(2) No person shall harbor or allow any foreigner who has illegally entered the Republic of Korea to flee within the country, or provide or arrange traffic means for such purposes.
(This Article Newly Inserted by Act No. 5434, Dec. 13, 1997)
Article 12-3 (Custody of Foreigner’s Passport, etc.)
(1) The provisions of Article 5 (2) shall apply mutatis mutandis with respect to the forged or altered passports or seamen’s identification paper of foreigners.
(2) An immigration control official may, when he has found the passport or seaman’s identification paper of an immigration offender falling under the person to be deported under Article 46, who is under investigation due to the violation of this Act, recover it and take it in custody.
(This Article Newly Inserted by Act No. 6540, Dec. 29, 2001)
Article 13 (Conditional Entry Permission)
(1) The head of office or branch office may grant conditional entry permission to a foreigner who falls under any of the following subparagraphs under the conditions as prescribed by the Presidential Decree:
1.A person who fails to meet the requirements as prescribed in Article 12 (3) 1 for any inevitable reason, but who is deemed able to meet them within a specified period;
2.A person who is suspicious of falling under any of subparagraphs of Article 11 (1), or of failing to meet the requirements as prescribed in Article 12 (3) 2, and deemed therefore necessary for special inspection; and
3.A person who is deemed by the head of office or branch office to be required for obtaining conditional entry permission.
(2) The head of office or branch office shall, upon granting a conditional entry permission as referred to in paragraph (1), issue a written conditional entry permission. In this case, such written permission shall include any restriction on residence, obligation to comply with any demand for attendance and other necessary conditions, and may, if necessary, have any security not exceeding ten million won deposited.
(3) If a foreigner who has obtained a conditional entry permission as referred to in paragraph (1), violates such condition, the head of the office or branch office may have the whole or part of such deposited security reverted to the National Treasury.
(4) The deposit and return of the security as referred to in paragraphs (2) and (3), and the procedure for reverting it to the National Treasury shall be determined by the Presidential Decree.
SECTION 2 Landing of Foreigner
Article 14 (Permission on Landing of Crew)
(1) If a foreign crew desires to land for the purpose of transferring to another ship, etc. or taking a rest, etc., the immigration control official may grant upon request of the head of the ship, etc., forwarder or the person concerned, a permission on landing of crew in the limit of fifteen days, except a person who falls under any of subparagraphs of Article 11 (1).
(2) The immigration control official shall, upon granting the permission as referred to in paragraph (1), issue a written crew landing permission. In this case, the written crew landing permission may include the period of landing permission, restrictions on the area of activities and other necessary conditions.
(3) The head of the office or branch office may, if necessary, extend the period of landing permission for the person who obtained the crew landing permission.
(4) The written crew landing permission which was issued to a member of the crew of a ship, etc. in accordance with the provisions of paragraph (2) may be used in any other ports of entry into the Republic of Korea until such ship, etc. leaves the Republic of Korea.
Article 14 (Permission on Landing of Crew)
(1) When the heads of ships, forwarders or the principal files an application for a foreign crew falling under any of the following subparagraphs, the immigration control official may grant a permission on crew's landing within the limit of fifteen days: Provided, That the same shall not apply to a foreign crew falling under any of subparagraphs of Article 11 (1):
1.Foreign crew intending to land for the purpose of recreation, etc. while ships, etc. whereon he serves moor at the entry and departure port in the Republic of Korea; and
2.Foreign crew intending to transfer for service to a ship scheduled to enter the entry and departure port in the Republic of Korea or to a ship which moor thereat.
(2) Where there exists the application under paragraph (1), the immigration control official shall confirm documents of each of the following subparagraphs:
1.Seaman’s identification paper in case where the foreign crew falling under paragraph (1) 1 is the sailor;
2.Passport and a document prescribed by the Presidential Decree in case where the foreign crew falling under paragraph (1) 2 is the sailor; Provided, Thata passport, in case where the person is the one who falls under Article 7 (2) 3; and
3.Passport in the case of other foreign crew.
(3) When the immigration control official grants a permission under paragraph (1), he shall issue the written permission for crew's landing. In this case, he may attach the period of permission for landing, restrictions on the activity districts and other necessary conditions on the written permission for crew's landing.
(4) Notwithstanding the provisions of the latter part of paragraph (3), the provisions of Article 12 (5) shall apply mutatis mutandis to the permission for crew's landing for the foreign crew falling under paragraph (1) 2.
(5) When the head of office or branch office deems it necessary for the foreign crew who have been given the permission for crew's landing, he may extend the period of such a permission for landing.
(6) The written permission for crew's landing received under paragraph (3) may be continuously used in other entry and departure ports in the Republic of Korea, not later than the final departure of the relevant ships, etc. from the port.
(This Article Wholly Amended by Act No. 7406, Mar. 24, 2005)
(Enforcement Date: September 25, 2005)
Article 15 (Emergency Landing Permission)
(1) If it is deemed that a foreigner on board ships, etc. (including crew) is required to land urgently due to any disease or accident, the immigration control official may grant, upon the request of the head of such ships, etc. or forwarder, a permission on emergency landing within the limit of thirty days.
(2) The provisions of Article 14 (2) and (3) shall be applicable to the case as referred to in paragraph (1). In this case, the term "written crew landing permission" shall be considered as the term "written emergency landing permission", and the term "crew landing permission", as the term "emergency landing permission".
(2) The provisions of Article 14 (3) and (5) shall be mutatis mutandis applicable to the case as referred to in paragraph (1). In this case, the term “written crew landing permission” shall be considered as the term “written emergency landing permission”, and the term “crew landing permission”, as the term “emergency landing permission”.
(Enforcement Date: September 25, 2005)
(3) The head of ships, etc. or forwarder shall bear the living, medical and funeral expenses of the person who makes an emergency landing, and all other expenses incurred during such landing.
Article 16 (Disaster Landing Permission)
(1) If the head of office or branch office deems that it is required to rescue urgently a foreigner on board ships, etc. in distress (including the crew), he may grant a permission on a disaster landing within the limit of thirty days, upon the request of the head of the ships, etc., forwarder, person carrying out the rescue operation under the Rescue and Aid at Sea and in the River Act, or the head of the ships, etc. who rescued the foreigner.
(2) The provisions of Article 14 (2) and (3) shall be applicable to the case as referred to in paragraph (1). In this case, the term "written crew landing permission" shall be considered as the term "written disaster landing permission", and the term "crew landing permission", as the term "disaster landing permission".
(2) The provisions of Article 14 (3) and (5) shall be mutatis mutandis applicable to the case as referred to in paragraph (1). In this case, the term “written crew landing permission” shall be considered as the term “written disaster landing permission”, and the term “crew landing permission”, as the term “disaster landing permission”.
(Enforcement Date: September 25, 2005)
(3) The provisions of Article 15 (3) shall apply mutatis mutandis to a person to whom a landing permit for disaster is issued. In such cases, reference to “landing for emergency” shall be considered “landing for disaster”.
Article 16-2 (Permission on Refugees’ Temporary Landing)
(1) In case where a foreigner on board ships, etc. escapes from a territory in which he is afraid that his life, body or physical freedom might be infringed, by the cause as prescribed in Article 1A (2) of the Refugee Agreement, or other similar one, and requests directly any protection from the Republic of Korea, if it is deemed well-grounded to have the foreigner land, the head of office or branch office may grant him a refugees’ temporary landing permission with the approval of the Minister of Justice, within the limit of ninety days. In this case, the Minister of Justice shall consult with the Minister of Foreign Affairs and Trade.
(2) The provisions of Article 14 (2) and (3) shall be applicable mutatis mutandis to the case as referred to in paragraph (1). In this case, the term "written crew landing permission" shall be read as the term "written refugees' temporary landing permission", and the term "crew landing permission", as the term "refugees' temporary landing permission".
(2) The provisions of Article 14 (3) and (5) shall be applicable mutatis mutandis to the case as referred to in paragraph (1). In this case, the term “written crew landing permission” shall be read as the term “written refugees’ temporary landing permission”, and the term “crew landing permission”, as the term “refugees’ temporary landing permission”.
(Enforcement Date: September 25, 2005)
(This Article Newly Inserted by Act No. 4592, Dec. 10, 1993)
CHAPTER Ⅳ SOJOURN AND DEPARTURE OF FOREIGNERS
SECTION 1 Sojourn of Foreigners
Article 17 (Sojourn and Activity Scope of Foreigners)
(1) Any foreigner may sojourn in the Republic of Korea within the limit of his status of sojourn and period of sojourn.
(2) No foreigner sojourning in the Republic of Korea shall engage in any political activity.
(2) No foreigner sojourning in the Republic of Korea shall engage in any political activity with the exception of cases as provided by this Act or other statutes
Enforcement Date: September 25, 2005
(3) If a foreigner sojourning in the Republic of Korea is engaged in any political activity, the Minister of Justice may order him in writing to suspend such activity or may take other necessary measures.
Article 18 (Restriction on Employment of Foreigners)
(1) If a foreigner desires to be employed in the Republic of Korea, he shall obtain the status of sojourn eligible for employment under the conditions as prescribed by the Presidential Decree.
(2) No foreigner having the status of sojourn as referred to in paragraph (1) shall work at any place other than the designated working place.
(3) No person shall employ any person having no status of sojourn as referred to in paragraph (1).
(4) No person shall mediate or solicit for any employment of a person having no status of sojourn as referred to in paragraph (1).
(5) No person shall put under his control any foreigner having no status of sojourn as referred to in paragraph (1) with the intention to mediate an employment of such person.
Article 19 (Reporting Obligation of Persons Employing Foreigners)
(1) Any person who employs a foreigner shall report the following circumstances to the head of the office or branch office within fifteen days after learning of such circumstances:
(1) Any person who employs a foreigner having the sojourn qualifications capable for engaging in the employment activities under Article 18 (1) shall report the following circumstances to the head of office or branch office within fifteen days after the learning of such circumstances:
(Enforcement Date: September 25, 2005)
1.Where he has discharged the foreigner, or the foreigner has retired from the service or dies;
2.Where the whereabouts of the employed foreigner become unknown;
3.Where important contents of the employment contract are changed; or
4.Where it is found that the employed foreigner has committed an act violating this Act or any order issued under this Act.
(2) The provisions of paragraph (1) shall apply mutatis mutandis to the head of an industry or business which provides foreigners with training of industrial technology.
Article 19-2 (Protection of Industrial Trainees)
(1) The Government shall take necessary measures to protect foreigners who are receiving training at any designated industry with sojourn qualifications for industrial training activities pursuant to Article 10 (hereinafter referred to as “industrial trainees”).
(2) The necessary matters for the designation of industries referred to in paragraph (1) shall be determined by the Presidential Decree.
(This Article Newly Inserted by Act No. 5434, Dec. 13, 1997)
Article 19-3 (Management of Industrial Trainees)
(1) The Minister of Justice shall take necessary measures to manage industrial trainees, such as departure of such foreigners by investigating whether any industrial trainee has departed from the training place, carried out activities other than training purposes, or violated other permitted conditions.
(2) The necessary matters for the management of industrial trainees referred to in paragraph (1) and the invitation related to the entry of industrial trainees shall be determined by the Presidential Decree.
(3) The Minister of Justice may grant permission on modification of sojourn qualifications to industrial trainees who meet the qualifications as determined by the Presidential Decree (hereinafter in this paragraph referred to as “trainees in employment”) so that they may seek employment. In this case, with respect to the management of trainee in employment, the provisions of paragraphs (1) and (2) shall apply mutatis mutandis.
(This Article Newly Inserted by Act No. 5434, Dec. 13, 1997)
Article 19-4 (Management, etc. of Overseas Students)
(1) The head of school where foreigners having the sojourn qualification capable of studying in the Republic of Korea or training activities under Article 10 (hereinafter referred to as an "overseas student“) are in school or in training (referred to the school under each subparagraph of Article 2 of the Higher Education Act) shall designate the staff to be in charge of the management of relevant overseas students, and notify the head of office or branch office thereof.
(2) When any of reasons falling under the following subparagraphs has occurred, the head of school under paragraph (1) shall file a report with the head of office or branch office within 15 days from the date of the knowing of the relevant fact:
1.When overseas students given a permission for entering school or training have failed to make a registration within the registration period of each term or made absence from school;
2.When the study or training has completed due to the reasons of expulsion from school, suspension of training or missing.
(3) Matters necessary for the management of overseas students shall be prescribed by the Presidential Decree.
(This Article Newly Inserted by Act No. 7406, Mar. 24, 2005)
(Enforcement Date: September 25, 2005)
Article 20 (Activities other than Status of Sojourn)
If a foreigner sojourning in the Republic of Korea desires to perform activities corresponding to a different status of sojourn in addition to those activities corresponding to his original status of sojourn, he shall obtain permission in advance from the Minister of Justice.
Article 21 (Change and Addition of Work Place)
(1) If a foreigner sojourning in the Republic of Korea desires to change or add his work place within the limit of his status of sojourn, he shall obtain permission in advance from the Minister of Justice.
(2) No person shall employ a foreigner who has not obtained permission on the change or addition of his work place under paragraph (1), nor mediate an employment of such foreigner, except in case where the employment is mediated under other Acts.
Article 22 (Restriction on Scope of Activity)
If it is deemed necessary for the public peace and order or important interest of the Republic of Korea, the Minister of Justice may restrict the scope of the residence or activities, or determine necessary matters to be observed, on or by any foreigner.
Article 23 (Granting of Status of Sojourn)
Any foreigner sojourning without the status of sojourn granted as prescribed in Article 10 due to loss of the nationality of the Republic of Korea, birth in the Republic of Korea or other reasons, shall obtain the status of sojourn under the conditions as prescribed by the Presidential Decree, within thirty days after such cause occurs.
A====rticle 24 (Permission for Change of Status of Sojourn)====
(1) If a foreigner sojourning in the Republic of Korea desires to carry out any activity corresponding to status of sojourn different from his own, he shall obtain permission for change of status of sojourn in advance from the Minister of Justice.
(2) Any person who falls under any of subparagraphs of Article 31 (1) and desires to alter his status of sojourn due to a change of his status, shall obtain the status of sojourn alteration permission from the Minister of Justice within thirty days after his status is changed.
Article 25 (Permission on Extension of Sojourn Period)
If a foreigner desires to continue to sojourn in excess of the permitted sojourn period, he shall obtain the permission from the Minister of Justice on the extension of sojourn period before the original period expires, under the conditions as prescribed by the Presidential Decree.
Article 26 Deleted.
Article 27 (Carrying and Presentation of Passport, etc.)
(1) Any foreigner sojourning in the Republic of Korea shall carry at any time his passport, seaman’s identification papers, written foreigner entry permission, foreigner registration certificate or written landing permission (hereinafter referred to as the “passport, etc.”): Provided, That the same shall not apply to any foreigner under seventeen years of age.
(2) When the immigration control official or a competent public official demands to present the passport, etc. in carrying out his duty, the foreigner as referred to in the text of paragraph (1) shall comply with it.
SECTION 2 Departure of Foreigners
Article 28 (Departure Inspection)
(1) If a foreigner desires to depart from the Republic of Korea, with his valid passport, he shall undergo the departure inspection of the immigration control official at the entry and departure port through which he departs.
(2) The proviso of Article 3 (1) shall be applicable mutatis mutandis to the case as referred to in paragraph (1).
(3) The provisions of Article 5 (2) shall be applicable mutatis mutandis to the case as referred to in paragraphs (1) and (2).
(4) The provisions of Article 12 (6) shall apply mutatis mutandis to the cases in which the provisions of paragraphs (1) and (2) apply.
Article 29 (Suspension of Foreigner’s Departure)
The Minister of Justice may suspend the departure of the foreigners falling under any of each subparagraph of Article 4 (1).
(This Article Wholly Amended by Act No. 6540, Dec. 29, 2001)
Article 30 (Permission on Reentry)
(1) If a foreigner who has made a foreigner registration or been exempted from such registration under Article 31 desires to reenter the Republic of Korea after departure in his sojourn period, the Minister of Justice may permit such reentry upon his request: Provided, That any foreigner who holds his sojourn status that entitles him to the permanent residentship in the Republic of Korea from among foreigners who hold their sojourn statuses provided for in Article 10 (1) may be exempted from the reentry permission.
(2) The reentry permission as referred to in paragraph (1) shall be classified into the single reentry permission valid only for one time and the multiple reentry permission valid for twice or more times.
(3) If a foreigner is unable to reenter during the period permitted under paragraph (1) due to any disease or by any other inevitable reason, he shall obtain the permission of the Minister of Justice on an extension of the reentry permission period before the period expires.
(4) The Minister of Justice may delegate the authority pertaining to the permission on the reentry permission period extension to the heads of the diplomatic missions abroad, under the conditions as prescribed by the Presidential Decree.
(5) The standards and procedures for reentry permission, permission on its period extension and exemption from reentry permission shall be prescribed by the Ordinance of the Ministry of Justice.
CHAPTER Ⅴ REGISTRATION, ETC. OF FOREIGNER
SECTION 1 Registration of Foreigner
Article 31 (Foreigner Registration)
(1) If a foreigner sojourns in the Republic of Korea in excess of ninety days from his entry, he shall make a foreigner registration with the head of office or branch office having the jurisdiction over his sojourn place within ninety days from his entry under the conditions as prescribed by the Presidential Decree: Provided that, the same shall not apply to a foreigner falling under any of the following subparagraphs:
1.Personnel and their families of foreign diplomatic missions (including embassies and consulates) and international organizations in the Republic of Korea;
2.Foreigners and their families who enjoy privileges and immunity similar to those of diplomats or consuls under any agreement concluded with the Government of the Republic of Korea; and
3.Foreigners who are invited by the Government of the Republic of Korea and prescribed by the Ordinance of the Ministry of Justice.
(2) Notwithstanding the provisions of paragraph (1), any person who is granted the status of sojourn under Article 23, and continues to sojourn in excess of ninety days after he is granted, shall make the foreigner registration when he is granted the status of sojourn.
(3) Notwithstanding the provisions of paragraph (1), any person who obtained the status of sojourn alteration permission under Article 24, and continues to sojourn in excess of ninety days from his entry, shall make the foreigner registration when he obtains the status of sojourn alteration permission.
(4) With respect to any foreigner who has finished his foreigner registration in accordance with the provisions of paragraphs (1) through (3), the head of office or branch office shall grant him a registration number by individual (hereinafter referred to as “foreigner registration number”) according to the method prescribed by the Presidential Decree.
Article 32 (Matters to be Registered by Foreigners)
Matters to be registered by a foreigner under Article 31 shall be as follows:
1.Name, sex, birth date and nationality;
2.Number, issue date and valid term of passport;
3.Work place and position or affairs in charge;
4.Address of his home country and sojourn place in the Republic of Korea;
5.Status and period of sojourn; and
6.Other matters as determined by the Ordinance of the Ministry of Justice.
Article 33 (Issuance of Foreigner Registration Certificates)
(1) The head of office or branch office who received an application for a foreigner registration under Article 31 shall issue a foreigner registration certificate to the foreigner under the conditions as prescribed by the Presidential Decree: Provided, That if the foreigner is under seventeen years of age, the head of office or branch office may refuse to issue such certificate.
(2) When a foreigner to whom a foreigner registration certificate is not issued under the proviso of paragraph (1), becomes seventeen years of age, he shall apply for the issue of foreigner registration certificate to the head of office or branch office having the jurisdiction over his sojourn place within sixty days.
Article 33-2 (Prohibition on Using Foreigner Registration Certificates as Means to Secure Fulfillment of Obligation)
Any person shall be prohibited from committing the act falling under each of the following subparagraphs:
1.The act of being provided with or coercing any foreigner to provide his passport or foreigner registration certificate for the purpose of using it as a means to secure a contract for job or the fulfillment of obligation;
2.The act of generating any bogus foreigner registration number in violation of the provisions of Article 31 (4) for the purpose of using it in the interest of his or another person’s goods or property;
3.The act of delivering any program developed to produce bogus foreigner registration numbers to another person or widely disseminating such program;
4.The act of illegally using the foreigner registration certificate of another person; and
5.The act of illegally using the foreigner registration number of another person in the interest of his or another person’s goods or property.
(This Article Newly Inserted by Act No. 6745, Dec. 5, 2002)
Article 34 (Preparation and Management of Foreigner Registration Cards, etc.)
(1) The head of office or branch office who received a foreigner registration under Article 31, shall prepare and keep the registered foreigners record, and prepare a foreigner registration card and send it to the head of the Si (excluding the Special Metropolitan City and Metropolitan Cities; hereinafter the same shall apply), Gun or Gu (referred to an autonomous Gu; hereinafter the same shall apply) where the foreigner sojourns.
(2) The head of the Si/Gun/Gu shall, upon receiving the foreigner registration card under paragraph (1), enter the registered matters in the foreigners’ register to manage such information.
(3) Matters necessary for the preparation and management of the registered foreigners record, foreigner registration cards and foreigners’ register shall be determined by the Presidential Decree.
Article 35 (Report on Change in Foreigner Registration Matters)
Any foreigner who has made a registration under Article 31, shall make a report on a change in the foreigner registration matters to the head of office or branch office having the jurisdiction over his sojourn place within fourteen days under the conditions as prescribed by the Presidential Decree, if any of the following matters is changed:
1.Name, sex, birth date and nationality;
2.Number, issue date and valid term of passport; and
3.Other matters as stipulated by the Ordinance of the Ministry of Justice.
Article 36 (Report on Change of Sojourn Place)
(1) If a foreigner who has made a registration under Article 31, changes his sojourn place, he shall make a moving-in report to the head of Si/Gun/Gu of new sojourn place or the head of office or branch office having jurisdiction over a new sojourn place within fourteen days from the date on which he moves in, under the conditions as prescribed by the Presidential Decree.
(2) If a foreigner makes the report as referred to in paragraph (1), he shall present the foreigner registration certificate. In this case, the head of Si/Gun/Gu or the head of office or branch office shall enter the matters concerning the change of sojourn place in such foreigner registration certificate, and return it to the foreigner.
(3) The head of office or branch office who has received a moving-in report under paragraph (1) shall notify without delay the fact of changing the place of sojourn to the head of Si/Gun/Gu of a new place of sojourn.
(4) The head of Si/Gun/Gu who has directly received a moving-in report under paragraph (1) or a notification of change of a sojourn place from the head of office or branch office under paragraph (3) shall make a request for the transfer of the relevant foreigner registration card accompanied by a copy of report on change of sojourn places to the head of Si/Gun/Gu having jurisdiction over the former sojourn place.
(5) In the event of a request for transfer of a foreigner registration card pursuant to the provisions of paragraph (4), the head of Si/Gun/Gu shall transfer not later than three days from the date of such request to the head of Si/Gun/Gu having jurisdiction over a new sojourn place.
(6) The head of Si/Gun/Gu having received the transfer of a foreigner registration card pursuant to the provisions of paragraph (5), shall readjust the foreigner registration card and manage it pursuant to Article 34 (2).
(7) The head of Si/Gun/Gu or the head of office or branch office having received a moving-in report under paragraph (1) shall notify it without delay to the head of office or branch office having jurisdiction over the former sojourn place under the conditions as prescribed by the Presidential Decree.
Article 37 (Return, etc. of Foreigner Registration Certificate)
(1) If a foreigner who has made the registration under Article 31, departs from the Republic of Korea, he shall return the foreigner registration certificate to the immigration control official, except in any of the following cases:
1.Where the foreigner who obtained a reentry permission, desires to enter again within the permission period after a temporary departure;
2.Where the foreigner who holds a multiple visa, or who is a national of the country which is the object of exemption from the reentry permission, desires to enter again within the permitted sojourn period after a temporary departure; and
3.Where the foreigner who desires to enter again within the valid term of a refugee travel certificate after a temporary departure with the refugee travel certificate issued.
(2) If a foreigner who has made a registration under Article 31, becomes a national of the Republic of Korea, dies or falls under any of subparagraphs of Article 31 (1), he shall return his foreigner registration certificate under the conditions as prescribed by the Presidential Decree.
(3) The head of office or branch office shall, upon having the foreigner registration certificate returned under paragraph (1) or (2), notify it without delay to the head of the Si/Gun/Gu of the sojourn place under the conditions as prescribed by the Presidential Decree.
(4) If it is deemed necessary for the interest of the Republic of Korea, the head of office or branch office may take a temporary custody of the foreigner registration certificate of the foreigner falling under any of subparagraphs of paragraph (1).
(5) In the case as referred to in paragraph (4), if the foreigner reenters the Republic of Korea within the permitted period, he shall have his foreigner registration certificate returned from the head of office or branch office within fourteen days after his reentry, and if he fails to reenter within the permitted period, he shall be considered to have returned his foreigner registration certificate under paragraph (1).
Article 38 (Fingerprinting)
(1) Any foreigner who falls under any of the following subparagraphs shall fingerprint under the conditions as prescribed by the Presidential Decree:
1.Deleted;
2.A foreigner who undergoes an investigation for violation of this Act or a criminal investigation for violation of other Acts;
3.A foreigner whose identity is not established; and
4.Other foreigners who are deemed by the Minister of Justice to be required in particular to make a fingerprint for the security or interest of the Republic of Korea.
(2) The head of office or branch office may refuse to grant a permission as prescribed by this Act, such as sojourn period extension permission, etc., against a foreigner refusing to make a fingerprint as referred to in paragraph (1).
SECTION 2 Deleted.
Articles 39 through 45 Deleted.
CHAPTER Ⅵ DEPORTATION, ETC.
SECTION 1 Persons to be Deported
Article 46 (Persons to be Deported)
(1) The head of office or branch office or head of a foreigner internment camp may deport any of the following foreigners from the Republic of Korea according to procedures as prescribed in this Chapter:
1.A person who violated the provisions of Article 7;
1-2.A person who violated the provisions of Article 7-2, or a person who entered the country by the act such as a false invitation as stipulated in the same Article;
2.A person who is found to fall under any of subparagraphs of Article 11 (1) after entry;
3.A person who violated the provisions of Article 12 (1) or (2), or 12-2;
4.A person who violated the condition imposed by the head of the office or branch office under Article 13 (2);
5.A person who landed without obtaining permission as prescribed in Article 14 (1), 15 (1), 16 (1) or 16-2 (1);
6. A person who violated the condition imposed by the head of an office or branch office or an immigration control official under Article 14 (2), 15 (2), 16 (2) or 16-2 (2);
6.A person who violated the condition imposed by the head of an office or branch office or an immigration control official under Article 14 (3), 15 (2), 16 (2) or 16-2 (2);
(Enforcement Date: September 25, 2005)
7.A person who violated the provisions of Article 17 (1) and (2), 18, 20, 21, 23, 24 or 25;
8.A person who violated a residence restriction, restriction on the scope of activity, or other matters to be observed, etc. as prescribed by the Minister of Justice under Article 22;
9.A person who attempted to depart from the Republic of Korea in contravention of Article 28;
10.A person who violated the provisions of Article 31;
11.A person who is released after receiving a sentence of punishment of imprisonment without prison labor or heavier punishment; and
12. Other persons corresponding to subparagraphs 1 through 11, who are provided by the Ordinance of the Ministry of Justice.
(Enforcement Date: September 25, 2005)
(2) Notwithstanding paragraph (1), any foreigner who holds his sojourn status that entitles him to the permanent residentship in the Republic of Korea from among sojourn statuses provided for in Article 10 (1) shall not be deported from the Republic of Korea: Provided, That the same shall not apply to foreigners falling under any of the following subparagraphs:
1.Foreigner who has committed the insurrection provided for in Chapter I of Part Ⅱ of the Criminal Act or the foreign aggression provided for in Chapter Ⅱ of the same Act;
2.Foreigner who is prescribed by the Ordinance of the Ministry of Justice from among foreigners who have been released after having been sentenced to imprisonment with prison labor or without prison labor for not less than 5 years: and
3.Foreigner who has committed a violation of the provisions of Article 12-2 (1) or (2), or has abetted or aided another person in such violation.
SECTION 2 Investigations
Article 47 (Investigations)
The immigration control official may investigate foreigners suspected of falling under any of subparagraphs of Article 46 (1) (hereinafter referred to as the “suspect”).
Article 48 (Demand for Appearance and Interrogation of Suspect)
(1) If required for conducting an investigation as prescribed in Article 47, the immigration control official may demand the suspect come forward and may interrogate him.
(2) The immigration control official,
