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Immigration Control Law Enforcement Decree Enforcement RegulationCHAPTER 1 GENERAL PROVISIONS

Article 1. (Purpose) The purpose of this Act is to stipulate the matters concerning the entry into and departure from the Republic of Korea (hereinafter referred to as Korea) of Koreans and foreigners, the stay of foreigners in Korea, and the procedures for the recognition of refugee status.

〈Revised Oct.12, 1993〉

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

1. The term "national" means a citizen of Korea.

IMMIGRATION CONTROL LAW & Relevant Rules.

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

2-2. The term "refugee" means a person to whom the "Convention relating to the Status of Refugees" applies, under Article 1 of the "Convention relating to the Status of Refugees" (hereinafter referred to as the "Refugee Convention") or Article 1 of the "Protocol relating to the Status of Refugees"

3. The term "passport" means a passport or a refugee travel document issued by the Korean government, a foreign government, or a competent international organization, or other types of travel documents which the Korean government acknowledges as valid.

4. The term "seaman's identification certificate" means a document issued by the Korean government or a foreign government which certifies that the holder is a seaman

5. The term "port of entry and

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departure" means a harbor, airport, or other places designated by the Presidential Executive Order, through which people may enter and depart from Korea.

6. The term “head of a diplomatic mission overseas" means an ambassador, minister, consul-general, or consul of Korea who is residing overseas, or is the head of an organization performing the duties of consular affairs.

7. Deleted 〈Feb.5, 1999〉 8. The term "vessels, etc." means ships, airplanes, trains, cars, or other transportation means which carry people or things between Korea and any area outside Korea.

9. The term "crew" means people who perform their duties on these vessels, etc.

10. The term “carrier" means a person who operates the business using vessels, etc. or an agent who conducts business transactions for

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the carrier. 11. The term "immigration detention room" means a facility built to detain foreigners under this Act, inside a local immigration office or branch office.

12. The term "immigration detention center" means a facility designated by the Presidential Executive Order, which is built to detain foreigners under this Act.

13. The term "immigration offender" means a person who is deemed to have committed any of the offences as prescribed in Articles 93-2, 93-3, 94 through 99, 99-2, 99-3 and 100.

Immigration Control Law Enforcement Decree Enforcement Regulation

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CHAPTER 2 DEPARTURE AND ENTRY OF NATIONALS

Article 3 (Departure of a National) ① When a national intends to depart from Korea (hereinafter referred to as "departure"), s/he shall undergo, with a valid passport, the departure inspection conducted by an immigration officer at the Port of Entry and Departure. However, if s/he is not able to do so due to inevitable reasons, s/he may be allowed to depart from Korea after going through departure inspection at a place other than the Port of Entry and Departure, with the approval of the head of a local immigration branch office (hereinafter referred to as the 'office head' or the head of an immigration branch office (hereinafter referred to as the 'branch office head' with proper jurisdiction over the place.

〈Revised Mar.24, 2005〉

CHAPTER Ⅰ

Article 1 (Departure and Entry Inspection)

① When undergoing a departure inspection under Article 3 of the Immigration Control Act (hereinafter referred to as "the Act”) or an entry inspection under Article 6 of the Act,

a national of the Republic of Korea (hereinafter referred to as a “national”) shall present a passport or seaman’s pocketbook (hereinafter referred to as the “passport, etc.”) and an arrival or departure card to the immigration officer and answer his/her questions.<Revised, 2005.7.5>

② When conducting the departure or entry inspection as provided in paragraph ①, an immigration officer shall, confirm an eligibility of the relevant national to a departure or entry, and other necessary matters.

③ When having finished the departure or

CHAPTER 1. DEPARTURE AND ENTRY OF NATIONALS

Article 1 (Departure and Entry Inspection)

When ㅁ branch officer conducts the entry and departure inspection for a national of the Republic of Korea (hereinafter referred to as a "national") under the Immigration Act (hereinafter referred to as the "Act"), the Enforcement Decree of the Immigration Act (hereinafter referred to as the "Decree") or under Article 1 of the Decree in accordance with these Regulations, a branch officer shall verify whether or not the bearer of the passport is himself/herself, or his(her) passport is forged or altered, or his(her) entry into and departure from the country is restricted, or any other matters prescribed by the Minister of Justice. <Revised, 2005.7.8>

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② Deleted〈Mar.24, 2005〉

Article 4 (Prohibition of Departure) ① The Minister of Justice may prohibit a national who falls under any of the following sub-paragraphs

entry inspection under paragraphs ① and ②, an immigration officer shall, stamp the passport, etc. and an arrival or departure card with a seal of either departure or entry inspection. <Revised, 1995.12.1, 1998.4.1, 2005.7.5>

④ If a national who is a crewman of a ship, airplane, train, automobile or other transportation facilities (hereinafter referred to as the “ship, etc.”) leaves or enters the Republic of Korea, an immigration control official may substitute a submission of an arrival or departure card and an affixing of a seal of departure or entry inspection, with a confirmation of a crew registration card or seaman’s pocketbook, notwithstanding the provisions of paragraphs ① and ③: provided that this shall not apply to the case of the first leaving and the last entering the Republic of Korea of a crew of the ship, etc. <Revised, 1994.6.30, 1995.12.5, 2005.7.5>

⑤ A national who is a crewman of the

Article 2 (Filling-out of an Entry and Departure Card, etc.)

① A person who enters or departs from Korea shall fill out an entry and departure card (hereinafter referred to as an E/D card) under the provisions of Article 1, section ① of the Decree except the blank for Official Use Only. However, this shall not apply to the case that such a person cannot do so due to unavoidable circumstances.

② A person who enters or departs from Korea shall correctly fill the ㄸ/D/ card out, under section ① of this Article.

③ a branch officer shall verify whether or not there are some errors or any other incomplete things in the E/D card submitted under section ①, and if there are some errors in the card, he or she shall correct them. In this case, the blank for Official Use Only shall be filled out by the branch officer. <Revised,

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from departing from Korea:〈Revised Dec.29.2001〉

1. A person whose departure is deemed inappropriate 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 been completed;

4. A person who has been delinquent in paying ㅁ fine or additional charge not less than the amount as prescribed in the Justice Minister's Order;

5. A person who has unjustifiably failed to pay, by the payment deadline, national tax, customs or local tax of not less than the amount as prescribed in the Justice Minister's Order; and

6. Other persons similar to those specified under sub-paragraphs 1 through 5, whose departure is deemed inappropriate by the Justice

ship, etc. shall, where leaving the Republic of Korea for the first time, file a crewman’s registration: provided that this shall not apply to the case where he is a crewman of the ship, etc. operating irregularly. <Revised, 1994.6.30, 1997.6.28>

⑥According to Article 70 of the Military Service Act, a Korean national who is subject to the mandatory military duty shall submit the certification that the permit of overseas travel was granted(inclusive of the extension of such a period). <revised, 2005.7.5, 2008.7.3>

⑦ ⑧ With respect to a national who intends to enter the Republic of Korea without a valid passport or sea- man’s pocketbook under Article 6 ② of the Act, an immigration officer shall require such persons to present a document capable of verifying that he/she is a national, and examine thereon, and also confirm the

Apr. 20, 1994>④ The submission of an E/D card may be omitted by the branch officer under the provisions of Article 1, section ⑩ of the Decree. In this case, the branch officer shall electronically process the entry and departure records without delay and store therein. <Newly Added 2005.7.8>

Article 3 (Management of Entry and Departure Card)

① The head of the branch office (hereinafter referred to as the ‘office head' or the head of its sub-branch office (hereinafter referred to as the "head of the sub-branch office") of the Immigration authorities shall deliver without delay an E/D card under the provisions of Article 2 to the head of the office who manages information network designated by the Minister of Justice (hereinafter referred to as the "head of the

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Minister's Order as there existㄴ some concerns about undermining the national interest, the public safety, or the economic stability of Korea.

② In conducting the departure inspection, an immigration officer shall not allow a person whose departure is prohibited under paragraph ① to depart from Korea.

Article 4-2(Extension of the Period for the prohibition of departure)

① When there is the continued need for the extension for the prohibition of departure is recognized by the Minister of Justice, he can take the proper and necessary measures to extend the period for the prohibition of departure.

② When the head(s) of agency (agencies) requesting for the prohibition of departure according to Article 4-2 finds the needs to continuously extend the prohibition

fact of his/her departure, etc. <Revised, 2005.7.5>

⑨ When he has verified that the person is a national as a result of an examination under paragraph ⑧, an immigration officer shall stamp his arrival or departure card with an entry inspection seal.

⑩ The required submission of entry/departure card can be cancelled despite the provisions in Articles 1,3,4, and 9, only when it is possible for an immigration officer to collect individual entry/departure records via the means of information technology such as automatic passport reader or when it is determined by Ministry of Justice.<Newly Added, July 5, 2005>

information network management office"). <Revised, 2005.7.8.>

② The head of the information network management office shall electronically process the E/D cards under section ①, collect them in the information record storage, etc. and manage therein <Revised, 2005.7.8.>

③ The head of the information network management office shall make up a list of persons who enter and depart from Korea with respect to the results of electronic data processing under the provisions of Article 2, sections ② and ④, and manage therein <Revised, 2005.7.8.>

Article 4 (Registration of a Crew member, etc.)

① A crew member (excluding a crew member on board the vessel, etc. which runs irregularly) shall submit a passport, a crew registration report along with one photograph and a certificate of employment to the

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of departure after the initially determined period, he/she shall request the continuous extension of the period for the prohibition of departure, three days before the expiry of the initial period of the prohibition of extension,

③ Other issues related with the procedures for the extension of the prohibition of departure are to be determined by the Presidential Executive Decree.

[Newly Added, Dec.21, 2007]

Article 2(Procedures for the Prohibition of Departure)

branch officer if he or she intends to file a crew registration card under the provisions of Article 1, section ⑤ of the Decree. <Revised, 2005.7.8>

② a branch officer shall grant a registration number after verifying the eligibility for a crew member, and record it in a crew registration book and deliver a crew registration card to the crew member if he or she receives a crew registration report submitted under section ①.<Revised. 1994.7.20.>

Article 5 (Notification on the departure of military obligator) Once a military obligator and national makes a departure out of the country, the head of the immigration office or sub-immigration office shall notify (inclusive of internet notification)such a departure immediately to the head of Military Manpower Administration.<wholly revised July 3,

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② When requesting for the prohibition of departure, the head(s) of administrative agency(agencies) of the central government or the head(s) of the relevant agency(agencies), as determined by the Ministry of Justice, shall submit the specific reason for the request for the prohibition of the departure and the expected period for the prohibition of departure to the Minister of Justice according to Article 4-2.

Regarding the prohibition of the departure by the heads of Si(city), Gun(county), or Gu(district) with regard to the relevant works, the request for such a prohibition of departure is to be made by the mayors

2008>

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

Deleted <Jul. 8, 2005>

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Article 4-3(Lifting of the Prohibition of Departure)

① When the cause for the prohibition of departure is gone or when it is deemed necessary by the Minister of Justice to lift the prohibition of departure, he shall take such a measure (of lifting the prohibition of departure) without delays.

②When the cause for the prohibition of departure is gone, the head of agency, who requested for the prohibition of departure under Article

of special city or greater city or by the provincial governor(inclusive of the special autonomous provincial governor).

③ The specific periods for the prohibition of departure according to Article 1 and the expected specific period for the departure of prohibition according to Article 2 is to be stipulated under the Justice Minister's Order.

Article 2-2(Extension Procedures of the Period for the Prohibition of departure)

① When the Minister of Justice intends to extend the period for the prohibition of departure according to Article 4-2-1, he shall decide the specific period. In this case, the Minister of Justice may opt to ask for the opinion(s) out of the head(s) of relevant agency(agencies).

② When the head(s) of agency (agencies) in the central government and the heads of relevant agency (agencies), as determined by the

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4-2, shall ask for the lifting of the prohibition of departure.

③ As to the other miscellaneous procedure to life the prohibition of departure, it shall be determined by the Presidential Executive Order.[Newly Added, Dec.21, 2007]

Minister of Justice, under Article 2-2(heads of requesting agency (agencies), hereinafter) request for the extension for the prohibition of departure under Article 4-2-2, he/she shall submit the application form for the extension of the period for the prohibition of departure with specific dates together with the reason for the prohibition to the Minister of Justice.

③ The period for the prohibition of the departure under section 1 and the expected period for the prohibition of departure under section 2 are to be determined by the decree of the Ministry of Justice. [Newly Added

March 22, 2008]

Article 2-3( Review and Decision on the request(s) for the prohibition of departure)

① Receiving the request for the prohibition of departure according to Article 2-2, the Minister of Justice shall decide whether or not to apply the

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Article 4-4(Notification of the decision for the prohibition of departure, etc.) ① When the

prohibition of departure and the applicable period for the prohibition of departure according to the following standards.

1. One day or Less if urgent measures are required

2. Ten days or less if the need for deliberation by the Deliberating Committee on the Prohibition of Departure is recognized

3. Three days or less for other circumstances

② Receiving the request for the prohibition of departure according to Article 2-2, the Minister of Justice shall review and decide within three days.

③ Whenever the need is recognized by the Minister of Justice for the request for the prohibition of departure or for the review of the request to extend the period for the prohibition of departure, he may request the submission of the relevant data

④ If the Minister of Justice decides not

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Minister of Justice prohibits the departure under Article 4-1 or extends the period for the prohibition of departure under Article 4-2-1, he shall immediately notify in writing the specific reason and the period for the prohibition of departure to the subject.

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

③ Despite section 1, the Minister of Justice may opt not to make the notification under section 1 when he finds the concern for the safety for the Republic of Korea and the serious threats to the public interest,

when he finds the serious concern for the serious obstacle to the criminal investigation, or

when the whereabouts of the subject under the prohibition of departure is not known. [Newly

to apply the prohibition of departure or not to extend the period for the prohibition of departure, after deliberation under section 1 and section 2, he shall notify the results to the head(s) together with explanatory notes and reasons for. [Newly Added, March 22, 2008]

Article 3(The Procedure to lift the prohibition of departure)

① If the Minister of Justice is to lift the prohibition of departure under Article 4-3-1, he may, in order to see whether the reason for the prohibition of departure is gone or to make a judgment on the need for the prohibition of departure, ask for the opinions or the submission of the data out of the head(s) of the relevant agency(agencies)

When the reason for the prohibition of departure is gone, or when it is clear and distinct, or no need for the prohibition of departure exists, the Minister of Justice shall lift the

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Added Dec. 21, 2007]

Article 4-5(Appealing the Decision for the Prohibition of Departure, etc.)

①A person, who is prohibited of the departure under Article 4-1 or who is subject to the extension of period for the prohibition of departure under Article 4-2-1, may appeal the decision 10 days within the day of notice or the day of awareness of such a notice to the Minister of Justice regarding the decision on the prohibition of departure or the extension of the period for the prohibition of departure.

② When appealed under section 1, the Minister of Justice shall decide as to its appropriateness 15days within such an appeal. When there is unavoidable circumstances, however, the period can be extended only one time up to 15 days.

prohibition of departure immediately. ② If the Minister of Justice lifts the prohibition of departure under section 1, he shall notify the head(s) of relevant agency(agencies) the reasons specified for lifting the prohibition of departure. If it is confirmed that the passport of the subject under the prohibition of departure was returned or confiscated, he may opt not to notify such a lifting of the prohibition of departure.

③ If the head(s) of agency(agencies) is to request the lifting for the prohibition of departure under Article 4-3-2, he shall do so by submitting the request form for lifting of the prohibition of departure with explanatory notes.

④ Once the Minister of Justice receives the request form for lifting the prohibition of departure under section 3, he shall, without any delay, review such a request and make a decision.

⑤ Once the Minister of Justice decides

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③ When the Minister of Justice finds the appeal under section 1 reasonable, he shall immediately lift the prohibition of departure or revoke the extension of the period for the prohibition of departure.

And he finds the appeal not reasonable , he shall dismiss and notify the subject the reasons in writing[Newly Added, December 21, 2007]

not to lift the prohibition of departure after the review under section 4, he shall notify the reasons to the head(s) of agency(agencies) without delays. [Newly Added, March 22, 2008]

Article 3-2(Preparation for the Roster for the Prohibition of Departure)

The head(s) of requesting agency (agencies) shall prepare a roster for the prohibition of departure with explanatory notes on the specific request for the prohibition of departure, the extension of the prohibition period, the request for lifting of the prohibition of departure,

and lifting itself, etc.[Newly Added 2008.3.22]

Article 3-3(Exclusion of notification on the prohibition of departure, etc.)

① When the head(s) of an agency(agencies) request for the prohibition of departure under Article 4-2 of the Act or for the extension of the period for th

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Article 5 (Custody of a National's Passport, etc.)

① An immigration officer may seize and withhold the passport of a person whose departure is prohibited under Article 4-①.

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

〈Revised Dec.29, 2001, Mar.24, 2005〉

e prohibition of departure under Article 4-2-2 of the Act, he may request for the exclusion of the notification under Article 4-4-1 of the Act if he judges that the subject belongs to the category under Article 4-4-3 of the Act.

② When the Minister of Justice reviews and decides whether or not to apply the prohibition of departure or to decide the extension of the period for the prohibition of departure, he shall also review and decide the exclusion request under section 1. [Newly added, March 22, 2008]

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Article 6 (Entry of a National) ① When a national intends to enter Korea from outside Korea (hereinafter referred to as “entry”), s/he shall undergo, with a valid passport, entry inspection conducted by an immigration officer at the Port of Entry and Departure. However, if s/he is not able to do so due to inevitable reasons, s/he may be allowed to enter Korea after undergoing the entry inspection at a place other than the Port of Entry and Departure, with the approval of the head of office or branch office.

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

〈Revised Mar.24, 2005〉

Article 3-4(Reviews and Decisions on Appeal Request)

① When the Minister of Justice finds it proper and necessary for him to review and decide as to the appeal request under Article 4-4-2 of the Act, he may opt to request for the submission of necessary documents or the statements of opinions.

② When the Minister of Justice reviews and decides as to the appeal request under Article 4-5-2 of the Act, he shall notify the results to the applecant and the head(s) of requesting agency(agencies).

[Newly Added, March 22, 2008]

Article 4 (Departure Prohibition Review Board)

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

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under Article 4 of the Act and the departure suspension of foreigners under Article 29 of the Act. <Revised, 2002. 4.18.>

② The Board shall be composed of one chairman and up to 13 members. <Revised, 2004. 8.17.>

③ The Vice Minister of Justice shall chair the Board, and its members shall include the director general of the Legal Affairs Office, of the Prosecution Bureau, and of the Immigration Bureau in the Ministry of Justice, and the persons appointed or commissioned by the Minister of Justice from among public officials of the related agency(agencies) and the relevant experts.

④ Matters necessary for the functioning and operation of the Board shall be prescribed by the Justice Minister's Order.

Article 5 (Management of Data on Persons Prohibited from Departure)

① With respect to the persons for whom a decision is made to prohibit their

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

② Deleted. 2002. 4.18>

Article 6 (Custody of Passport, etc. and Notice Thereof)<Revised 2005.7.5>

① When he takes a passport, etc. into custody under Article 5 ① of the Act, an immigration officer shall issue a certificate of custody to the holder of passport, etc.

② When there exist reasons falling under any of the following sub-paragraphs, an immigration officer may return the passport, etc. which is in custody ex officio or upon request:

1. When a disposition of departure prohibition under Article 4 ① of the Act is cancelled; and

2. Other cases when deemed unnecessary

Article 7 (Custody and Return of a Passport, etc)

① A branch officer shall accurately record the date of custody and reason for custody, etc. in the

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to continue the custody of a passport, etc.③ When he seizes a passport, etc. under Article 5 ② of the Act, an immigration officer may notify the holder or bearer of passport, etc. of the reasons therefore, and notify the head of its issuing agency of the relevant facts.

④ With respect to the passport, etc. in custody under Article 5 ① and ② of the Act, the head of an immigration office (hereinafter referred to as the “head of the office”) or the head of a branch of the immigration office (hereinafter referred to as the “head of the branch office”) may forward the relevant passport, etc. to the head of the requesting agency or issuing agency, in such cases where the head of a criminal investigation agency requests a forwarding of the relevant passport, etc. pursuant to the needs for investigations, where the passport, etc. in custody becomes invalid while in custody, or where there exists a request from the head of issuing agency. In this case, if

custody book, if he or she takes custody of a passport in accordance with the provisions of Article 5 of the Act. <Revised, 2005.7.8>

② A branch officer shall record the reasons in the custody book, and receive the recipient's signature or seal, or attach a receipt to prove the fact of delivery, if he or she returns or delivers the passport under Article 6, section ② or ④ of the Decree, <Revised. 2005.7.8.>

③ A branch officer shall take back the certificate of custody under Article 6, section ① of the Decree, if he or she returns the passport under Article 6, section ② of the Decree. <Revised, 2005.7.8.>

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the passport, etc. has been taken in custody under Article 5 ① of the Act, he shall notify the holder of passport, etc. of the relevant fact. <Revised, 2002. 4.18.>

Immigration Control law Enforcement Decree Enforcement RegulationCHAPTER 3 ENTRY AND LANDING

OF FOREIGNERS

SECTION 1

Article 7 (Entry of a Foreigner) ① If a foreigner intends to enter Korea, s/he shall hold both a valid passport and a Korean Visa issued

CHAPTER Ⅱ ENTRY AND LANDING OF FOREIGNERS

SECTION 1 Entry of Foreigners

Article 7 (Visa Issuance)① A person who intends to obtain a visa under Article 7 ① of the Act, shall submit to the head of Korean diplomatic mission

CHAPTER 2. ENTRY AND LANDING OF FOREIGNERS

SECTION 1

Article 8 (Approval of Visa Issuance) ① The head of a Korean diplomatic mission abroad shall obtain the approval of the Minister of Justice,

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by the Minister of Justice. 〈Revised Mar.24, 2005〉② Notwithstanding the provision of paragraph ①, a foreigner falling under any of the following subparagraph may enter Korea without a visa: 〈Revised Dec.10, 1993, Mar.24, 2005〉

1. A person who enters Korea after obtaining a re-entry permit or who is exempted from the requirement of obtaining a re-entry permit, but before the validity period of the re-entry permit or exemption expires; 〈Revised Mar.24, 2005〉

2. A person who is a national of the country which has signed a Visa Waiver Agreement with Korea and who becomes the object of the exemption under the agreement;

3. A person who enters Korea for international friendship, tourism, or Korea's national interest, etc. and has obtained entry permission other than a visa as prescribed in the

abroad a written application for a visa along with the documents prescribed by the Justice Minister's Order.

② The head of Korean diplomatic mission abroad shall issue a visa to a foreigner who has applied for the visa under paragraph ① under the conditions as prescribed by the Justice Minister's Order. In this case, such visa shall contain an entry of necessary matters such as the status and period of stay, etc. under Article 12. <Revised, 2002. 4.18.>

③ When deemed required for a visa issuance, the Minister of Justice may require the person intending to obtain a visa to furnish a letter of recommendation issued by the head of the related central administrative agency, or ask the head of the related central administrative agency for his opinions thereon.

④ Criteria for issuing a letter of recommendation under paragraph ③ shall be separately set forth by the head of the related central administrative

if he intends to issue a foreigner's entry permit regarding a national of a country which has not established diplomatic relations with the Republic of Korea (hereinafter referred to as a "country without diplomatic relations"), or a country designated by the Minister of Justice after consultation with the Minister of Foreign Affairs and Trade (hereinafter referred to as a "specific country") and a stateless person residing in a country without diplomatic relations, or a specific country under Article 7, section ④ of the Act or a visa which is not delegated to him under Article 9. However, this shall not apply to the case that the head of a Korean diplomatic mission abroad issues a foreigner's entry permit or a visa within the period of 90 days, with respect to a person who participates in the events hosted by the United Nations organizations, or international

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Presidential Executive Order; and4. A person who departed from Korea with a refugee travel document, and re-enters Korea before the validity of such document expires.

③ The Minister of Justice may temporarily suspend the application of Visa Waiver Agreement to those falling under paragraph ②-2, when it is deemed necessary and proper for the maintenance of public safety or national interest.

④ Notwithstanding the provision of paragraph ①, a national of a country which established no diplomatic relationship with Korea or which is designated by the Minister of Justice after consulting with the Minister of Foreign Affairs and Trade may enter Korea with a Foreigner Entry Permit issued by the head of a diplomatic mission overseas and the head of office or the head of branch office as prescribed in the Presidential Executive Order. 〈Revised Dec.5,

agency in consultation with the Minister of Justice.

⑤When issuing a visa subject to a status of stay that allows to engage in employment activities, the Minister of Justice shall give consideration to the domestic employment situation.

Article 8 (The Entry Permit for International Friendship, etc.)

① Persons to be allowed to enter the Republic of Korea without a visa under Article 7 ② 3 of the Act shall be those falling under any of the following subparagraph

1. A person performing the services of a foreign government or international organizations who intends to enter the Republic of Korea without a visa due to inevitable reasons;

2. A person who intends to enter the Republic of Korea for a sightseeing or transit purpose within the period as prescribed by the Justice Minister's Order; or

organizations of inter-governments, or who is designated by the Minister of Justice.

② The head of a Korean diplomatic mission abroad shall, if he intends to obtain the approval pursuant to section ①, request the approval of the Minister of Justice through the Minister of Foreign Affairs and Trade, together with his opinions (of) the entry qualification in the "application form for the approval of visa issuance". In urgent cases, however, the head of a Korean diplomatic mission abroad may request the approval of the Minister of Justice by telegram by means of the "written request for the approval of visa issuance" and may charge the applicant (for) telegram fees equivalent to the actual expenses.

③ The Minister of Justice shall review the qualification for the entry, and decide whether or not he approves it, if he receives request

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2002〉⑤ Deleted 〈Mar.24, 2005〉

Article 7-2 (Prohibition of False Invitation, etc.)

No one shall conduct activities falling under any of the following subparagraph in order to assist a foreigner to enter Korea:

1. Acts of inviting a foreigner by illegal means such as misrepresenting facts or false identity guarantee etc, or acts of assisting it; and

2. An act of falsely applying for a visa or the Certificate of Eligibility for Visa Issuance, or an act of assisting it. 〈Newly added Dec.29, 2001〉

3. Other persons whose entry is deemed by the Minister of Justice necessary for the interests of the Republic of Korea, etc.

② Procedures for the entry permit to a person allowed to enter without a visa under Article 7 ② 3 of the Act shall be governed under the conditions as prescribed by the Justice Minister's Order.

③ Definite scope of persons allowed to enter without a visa under Article 7 ② 3 of the Act shall be separately prescribed by the Minister of Justice by giving consideration to a security of the nation and society or the order of foreigners’ stay.

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

① Where he intends to temporarily suspend an application of the visa waiver agreement under Article 7 ③ of the Act, the Minister of Justice shall consult in advance with the Minister of Foreign

for the approval under section ② of this Article regarding the visa issuance. If he approves the visa issuance, he shall indicate the classification of a single or multiple visa, the status of stay and period of stay, and notify the head of the relevant Korean diplomatic mission abroad through the Minister of Foreign Affairs and Trade. In this case, the status of stay shall be included both letters and numbers, and if there exist additional place of employment, place of training, and name of school, etc., each of them shall be included as well.

④ If he requests the approval of the Minister of Justice for the visa issuance under section ② of this Article, the head of a Korean diplomatic mission abroad shall not issue a visa under section ⑨ of this Article until he receives the "written notification of approval" from the Minister of Justice,

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Affairs and Trade. <Revised, 2002. 4.18.>②Where he decides to temporarily suspend an application of the visa waiver agreement under paragraph ①, the Minister of Justice shall notify without delay the other parties to the agreement of the said fact through the Minister of Foreign Affairs and Trade. <Revised, 2002. 4.18.>

Article 10 (Issuance of Entry Permit for Foreigners, Etc.)

①Where he has designated countries after consulting with the Minister of Foreign Affairs and Trade under Article 7 ④ of the Act, the Minister of Justice shall notify without delay the heads of the diplomatic missions abroad, The head of the branch office or sub-branch office thereof. <Revised, 2002. 4.18>

② A person who intends to obtain an entry permit for foreigners under Article 7 ④ of the Act shall submit a written application for a visa along with the documents as prescribed by the Justice

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Minister's Order to the heads of the diplomatic missions abroad, The head of the branch office or sub-branch office.

③ The heads of the diplomatic missions abroad, The head of the branch office or sub-branch office shall issue an entry permit for foreigners under the conditions as prescribed by the Justice Minister's Order to the foreigner who has applied for an entry permit for foreigner under the provisions of paragraph ②. In this case, an entry permit shall contain an entry of the status and period of stay, and the place of employment, etc. <Revised, 2002. 4.18.>

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

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Article 8 (visa) ① The visa prescribed in Article 7 is divided into a single visa valid for one entry and a multiple visa valid for two or more entries.

② The Minister of Justice may delegate his/her authority to issue visas to the head of a Korean diplomatic mission overseas under the conditions as prescribed by the Presidential Executive Order.

③ The criteria and procedure for issuing visas shall be determined by the Justice Minister's Order.

be valid for two or more entries. <Revised, 1994. 6.30.>

⑤ When a foreigner entered under an entry permit for foreigners under para-graph ③ departs, an immigration officer shall recover the entry permit for foreigners: provided that with respect to the foreigner entered under an entry permit for foreigners falling under the proviso of paragraph ④, the said permit shall be recovered upon his final departure. <Revised, 1994. 6.30.>

Article 11 (Delegation of Right to Issue Visa)

① Pursuant to Article 8 ② of the Act, the Minister of Justice shall delegate the authority to issue visa to the persons subject to such status as the status of stay 1. Diplomacy (A-1) through 3. Convention (A-3) in the attached Table 1, to the heads of the diplomatic missions abroad.

② The Minister of Justice shall, pursuant

Article 9(Delegation of Right to Issue Visa)

① The rights to issue visa delegated to the heads of Korean diplomatic missions abroad by the Minister of Justice under Enforcement Decree 11-2 are as follows.

Detailed categories of visa issuance (Notification that the change of the status of stay after entry into Korea is not permissible shall be made to the applicant)

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

the issuance of single entry visa not exceeding 90 days of stay to the person qualified for 6.temporary

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to Article 8 ② of the Act, delegate the authority to issue visa to the persons subject to such status as the status of stay 6. Temporary news coverage (C-1) through 30. Employment in tourism business (H-1) in the attached Table 1, to the heads of the diplomatic missions abroad, with fixing the scope by status and period of stay as prescribed by the Justice Minister's Order. <Revised, 1995.12. 1.>

reporting(C-1) and for 9. temporary employment(C-4)

Na. Among the statuses of stay in Table 1 of the Enforcement Decree, 6. the issuance of visa not exceeding 90 days of stay to the person qualified for temporary reporting(C-1) for the countries of the treaties on multiple entry visa

Da. Among the statuses of stay in Table 1 of the Enforcement Decree, 7. the issuance of visa not exceeding 90 days of stay to the person qualified for temporary commercial(C-2) ․ 8.temporary comprehensive(C-3) Among the statuses of stay in Table 1 of the Enforcement Decree,

211. The issuance of single entry visa not exceeding 2 years of stay to the person qualified for Student(D-2) and visa not exceeding 6 months of stay to the person qualified for 18-2. job-seeking(D-10)

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3. Among the statuses of stay in Table 1 of the Enforcement Decree, the issuance of single entry visa not exceeding 1 year of stay to the person qualified for 17.corporate investment (D-8) and 28. and his(her) dependents [status of stay 28. accompanying dependents (F-3)]

4. Among the statuses of stay in Table 1 of the Enforcement Decree, the issuance of entry visa not exceeding 2 years of stay to the person qualified for 17.corporate investment(D-8) under Article 4 of the Act on the Designation and Operation of Free Economic Zone and his (her) dependents[status of stay 28.accompanying dependents(F-3)]

Among the statuses of stay in Table 1 of the Enforcement Decree,

5. the issuance of entry visa not exceeding 2 years of stay to the person qualified for overseas

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compatriots (status of stay 28.overseas compatriots(F-4))

Among the statuses of stay in Table 1 of the Enforcement Decree,

6. the issuance of single entry visa for the person qualified 28-3. permanent residence(F-5)

Among the statuses of stay in Table 1 of the Enforcement Decree,

7. the issuance of entry visa not exceeding one year for the person qualified for the status of stay 30. tour & employment(H-1)

8. the issuance of entry visa not exceeding one year for the person qualified for the status of stay 31.visit & employment(H-2)

9. the issuance of entry visa not exceeding one year for the person qualified for, among the statuses of stay,

10. culture & arts(D-1), from 12. industrial training(D-3) to 16. business stay(D-7),from 18. trade & management(D-9)to 28.

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accompanying dependents(F-3)and 29. miscellaneous(G-1) who is (are) subject to the category of mutual agreements or of benefits to the national interest of the Republic of Korea as judged by the Minister of Justice

② The Minister of Justice may decide upon the details as to the kinds of visas, the qualifications of stay, the periods of stay, and the subjects of visa issuance, etc. as stipulated in section 1.

< 2008.7.3>

Article 9-2 (Standards of Visa Issuance, etc.)

When the Minister of Justice permits the visa issuance under Article 8 and 10 or when the head(s) of Korean diplomatic mission(s) abroad grant(s) visa according to the delegation in Article 9, he/she shall review and confirm whether the applicant foreigner has the qualifications listed

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below. <Revised July 3, 2008>1. The foreigner holds a valid passport;

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

3. The foreigner corresponds to the status of stay specified in the attached Table 1 of the Decree;

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

5. The foreigner is deemed to return to his or her home country within the authorized period of stay under the relevant status of stay; or

6. The foreigner corresponds to the criteria determined by the Minister of Justice, according to the status of stay specified in the attached Table 1 of the Decree.<Newly Added 2005.7.8>

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Article 10 (Approval of Visa Issuance)

The head of a Korean diplomatic mission abroad shall obtain the approval of the Minister of Justice, notwithstanding the provisions of Article 9. In this case, the procedures for approval of visa issuance shall be prescribed by the provisions of Article 8, sections ② through ④ if he intends to issue a visa to a person who falls under each subsection 1 of this Article.

1. A national of a country that restricts the visa issuance for a Korean national;

2. A person belonging to an anti-national organization under Article 2 of the『National Security Act』;

3. A person who is restricted from the visa issuance, and who may be allowed to be issued a visa only after obtaining the special approval

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of the Minister of Justice in relation to the visa issuance;

4. A person who is deemed likely to harm the national security and maintenance of order, public welfare, diplomatic relations, and other interests of Korea in accordance with Article 5, section ② of the 『Act on Entry & Departure and Legal Status of Overseas Korean Residents』; or

5. A national of a country designated by the Ministry of Justice to protect the interests, etc. of Korea, or a person who belongs to an organization of such a country.

Article 11 (Issuance of a Group Visa)

① The head of a Korean diplomatic mission abroad may issue a group visa, if temporarily visiting diplomatic missions, a group of international events participants, a group of school excursion, or other

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

② The representative of the group or the person designated by the agreement, etc. between the two countries shall submit to the head of a Korean diplomatic mission abroad an application form for a group visa issuance, along with passports of all group members and documents specified by the Minister of Justice if a person intends to be issued a group visa under section ① of this Article.

③ The head of a Korean diplomatic mission abroad shall stamp a visa seal in the leader's passport as well as a seal of an attached copy of application for a group visa issuance

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at the bottom of left-hand side of the group visa if he issues a group visa. If the head of a Korean diplomatic mission abroad deems that some special reasons exist, however, he may issue a visa on the passport of each applicant. In this case, he shall make an indication to verify the member of the group at the bottom of the group visa.

④ If he delivers a group visa, the head of a Korean diplomatic mission abroad shall stamp a verification seal on a copy of application for a group visa issuance submitted under section ② of this Article, deliver it with the group visa, and notify the fact that the leader of the group shall present it to the branch officer when the group enters Korea.

⑤ If he or she has finished an entry inspection for the group members entering Korea with a group visa, a branch officer shall affix an entry inspection stamp at the bottom of

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left-hand side of a copy of application for a group visa issuance delivered under section ④ of this Article, and return thereon.

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

⑦ If the members of group entering with group visas wish to depart from the country, a branch officer shall affix a departure inspection stamp on each passport of group members. In this case, the branch officer shall take back a delivered copy of application for a group visa issuance, and affix a departure inspection stamp at the bottom of right-hand side of such copy, and keep thereon. For a person who has

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not departed from Korea, a branch officer shall write the relevant facts in the "blank for remarks" on a copy of application for a group visa issuance and update thereon when such a person departs from the country.

Article 12 (Validity Period of Visa, etc.)

① The period of a single visa shall be valid for 3 months from the date of issue.

② The period of a multiple visa shall be valid as follows from the date of issue.

1. A multiple visa for a person under the status of stay 6. Temporary News Coverage(C-1) through 9. Short-Term Employment(C-4) in the attached Table 1 of the Decree : the period of stay shall be less than 3 years.

2. A multiple visa issued by the multiple visa issuance agreement,

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etc. : the period of stay shall be one specified in the agreement.

3. A multiple visa issued, considering the reciprocity or national interests, etc. : the period of stay shall be one determined by the Minister of Justice.

③ An applicant for a visa issuance shall file a new application for a visa issuance if he wishes to be issued a visa after 3 months from the date of application for a visa issuance or the date of receiving the approval notification from the Minister of Justice.

Article 13 (Visa Issuance by Agreement)

① If other regulations exist regarding the visa issuance in the agreement or memorandum of understanding, etc. signed between the Korean and foreign government(s), or if the Minister of Justice separately prescribes, taking

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into account the principle of reciprocity, etc, the head of a Korean diplomatic mission abroad shall issue a visa according thereto,

② Even though a person subject to the visa issuance under section ① belongs to a national of a country of the Multiple Visa Issuance Agreement, the head of a Korean diplomatic mission abroad may issue a single visa to such a person if some special reasons exist.

Article 14 (Entry Permission for Official Duties, etc.)

① The head of the branch office or sub-branch office may permit the entry into Korea, with respect to a person falling under Article 8, section ①-1 of the Decree.

② The head of the branch office or sub-branch office shall, if he grants an entry permission under section ① of this Article, stamp an entry inspection seal on the passport, etc,

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and write the status of stay and period of stay corresponding to the status of stay 1. Diplomats(A-1) through 3. Agreement(A-3) in the attached Table 1 of the Decree.

③ The head of the branch office or sub-branch office may permit the entry into Korea, with respect to a person falling under Article 8, section ①-3 of the Decree, after obtaining the approval of the Minister of Justice. However, the head of the branch office or sub-branch office may permit the entry into Korea within the period of 90 days without obtaining the approval of the Minister of Justice, with respect to a person falling under any of the following sub-sections.

1. A person falling under the status of stay 7. Short-Term Business(C-2) or Short-Term Visitors(C-3) in the attached Table 1 of the Decree.

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

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

④ When the head(s) of immigration branch office or sub-branch office is(are) to grant the permission of entry under section 3, he/she shall confirm the truthfulness of the contents of the applicant's statements or the documents submitted based upon the evidencing documents for not being able to obtain the valid visa for entry permit or explanatory notes and the attaching documents depending upon the status of stay.

<July 20, 1994, Newly Added>⑤ When the head(s) of immigration

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branch office or sub-branch office is(are) to grant the permission of entry under section 3, he/she shall fill up the Roster of Foreigners for Entry Permit and write down the status of stay and the period of stay together with entry stamp on the passport.

⑥ For the person subject to Article 8-1-3 of Enforcement Decree, who possesses the valid travel document as recognized by the Minister of Justice, immigration officer(s) may grant the permit of entry not exceeding 90 days. <Newly Added July 1st, 1997)

⑦ The provision in section 5 is applicable to the cases of section 6, except for the Roster of Foreigners for Entry Permit.(Newly Added July 1st, 1997>

Article 15 (Entry Permission for Tourism, etc.)

① A branch officer may permit the

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entry into Korea, with respect to a person who falls under Article 8, section ①-2 of the Decree and who is a national of a country designated by the Ministry of Justice.

② A branch officer shall stamp an entry inspection seal and grant the status of stay 5, if he grants entry permission under the provisions of section ① of this Article. Tourism & Transit(B-2) and the period of stay not exceeding the period of 30 days in the attached Table 1 of the Decree. However, if the Minister of Justice separately determines the period of stay, etc., taking into account the international practice, principle of reciprocity, or interests, etc. of Korea, the branch officer shall grant the status of stay and period of stay according thereto.

③ The head of the branch office or sub-branch office does not permit a change of status of stay or extension of period of stay for a person who

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has been granted entry permission under section ② of this Article. If it is judged that there exist unavoidable reasons, however, the head of the branch office or sub-branch office may permit thereon within the scope of authority delegated to him under the provisions of Article78, section ②.

④ The head of the branch office or sub-branch office may not permit the extension of stay exceeding 90 days from the date of entry when he permits the extension of stay under the proviso of section ③.

Article 16 (Issuance of Foreigner Entry Permit by Head of Office, etc.)

① A national of a country without diplomatic relations or a specific country shall, when he/she intends to enter Korea without being issued a foreigner entry permit from the head of the Korean mission overseas due to urgent reasons or other

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unavoidable circumstances pursuant to Article 7, section ④ of the Act, apply for a foreigner entry permit to the head of the branch office/sub-branch office.

② A person who intends to apply for a foreigner entry permit under section ① of this Article shall submit to the head of the branch-office/ sub-branch office, an application form for visa issuance along with the documents prescribed in Article 76

③ The head of the branch office/sub-branch office shall obtain the approval of the Minister of Justice when he intends to permit or reject the application under Articles 1 and 2. In this case, if deemed necessary, he may ask for opinions of the public officials who belong to the relevant agency being stationed at the port of entry and departure.

④ The head of the branch office/sub-branch office shall write

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the authorized status of stay and period of stay in a foreigner entry permit, and stamp a seal of a branch office or its sub-branch office in the column of the issuing agency, and sign thereon when he has obtained the approval of the Minister of Justice pursuant to section ③ of this Article. In this case, the provisions of the latter part of Article 8, section ⑧ shall apply to the way to write down the status of stay and place of employment.

Article 17(The Issue Procedure for the Certificate of Eligibility for Visa Issuance(CEVI), etc.)

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

<Revised July 20, 1994; December1, 1995; April 1st, 1998; April 27, 2002; Sep.24, 2003; August 23,2004; March 5, 2007; June 1, 2007; July 3, 2008>

1. A national of a country without

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Article 9 (A Certificate of Eligibility for Visa Issuance)

① If it is deemed essential, the Minister of Justice may issue a Certificate of Eligibility for Visa Issuance upon application by a foreigner who intends to enter Korea prior to the issuance of a visa as prescribed in Article 7-①.

〈Revised Dec.5, 2002〉 ② The application for a Certificate of Eligibility for Visa Issuance referred to in paragraph ⓛ may be filed by the person who intends to invite a

diplomatic relations or a specific country

2. A person who falls under the status of stay specified in the attached Table 1 of the Decree, from 10. Culture & Arts(D-1) through 25. Specific Activities (E-7)․25-3 unskilled Employment(E-9)․ 25-4 Labor Abroad (E-10)․26. Visiting & Cohabitation(F-1)․27. Residence(F-2)․ 28. Dependent Families(F-3)․28-2. Overseas Koreans (F-4), 28-3. Permanent Residence(F-5) and 29. Others(G-1) <Revised, Sep. 24, 2003;.August 23, 2003; July 3.2008.>

3. A person who is deemed necessary, in particular, by the Minister of Justice.

② A person who intends to be issued a CEVI under Article 9 of the Act shall submit an application form for a CEVI, along with documents prescribed in Article 76 to the head of the branch office/sub-branch office having

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foreigner on behalf of the latter. <Newly added Dec.5, 2002.> ③ The objects, criteria and procedures for issuing a Certificate of Eligibility for Visa Issuance as prescribed in paragraph ① shall be determined by the Justice Minister's Order.

proper jurisdiction over the residence of the person intending to invite a foreigner (hereinafter referred to as "the head of the branch office/ sub-branch office having proper jurisdiction over the residence") <Revised, 2005.9.24.>

③ The head of the branch office/sub-branch office having proper jurisdiction over the residence shall, when he has been submitted the application form pursuant to section ② of this Article, verify the criteria for issuing a CEVI under Article 17, section ③, together with his opinion, and send it to the Minister of Justice.

1. <Deleted, 2005.7.8.>2. <Deleted, 2005.7.8.>3. <Deleted, 2005.7.8.>④ The Minister of Justice shall issue a CEVI by electronic documents under the provisions of the Act on Promoting the Electronization of

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Administrative Affairs, etc. for Electronic Government Implementation, and transmit it to the head of the Korean mission overseas, and notify the inviter of contents of a CEVI including the number of a CEVI without delay when he acknowledges the visa issuance as appropriate after reviewing the application documents pursuant to section ③. <Revised, 2005.7.8>

⑤ The Minister of Justice may deliver a CEVI to the inviter directly, notwithstanding the provisions of section ④ of this Article, if there exist unavoidable circumstances that may not transmit a CEVI by electronic documents, such as the Immigration Control Information System(ICIS) has not been installed at the Korean mission overseas. <Newly Added, 2005.7.8.>

⑥When the Minister of Justice finds

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the inviter invited two persons or more simultaneously, he may attach the list of other invitees to the representative applicant's Certificate of Eligibility for Visa Issuance[CEVI] and issue the CEVI. <Newly Added Dec.1,1995;August 2, 2006>

The head of the branch office/ sub-branch office having proper jurisdiction over the place of stay may issue a CEVI, affixing the representative's CEVI to the list of persons subject to the visa issuance, when the persons subject to the visa issuance are two or more. <Newly Added, 1995.12.1. Revised, 2006.8.2.>

Article 17-2 (Visa Issuance by stay of foreigners)

① A person who has been notified of the contents of a CEVI including the number of a CEVI under Article 17, section ④ may record the number of a CEVI in an application form for

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visa issuance and apply for a visa issuance to the head of the Korean mission overseas.

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

③ The head of the Korean mission shall issue a visa to a person applying for a visa issuance under sections ① and ② of this Article according to contents of a CEVI or the number of a CEVI, notwithstanding the provisions of Article 8 of the Decree.

④ The head of the Korean mission overseas shall take back the relevant CEVI when he issues a visa to a person applying for a visa issuance under section ② of this Article. <Wholly Revised, 2005.7.8.>

Article 17-3 (Criteria for Issuing a

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stay of foreigners)① The provisions of Article 9-2 shall apply to the criteria for issuing a CEVI pursuant to the provisions of Article 9, section ①.

② The Minister of Justice may not issue a CEVI to the invited foreigner, if a person intending to invite a foreigner in accordance with the provisions of Article 9, section ② falls under any of the following sub- sections.

1. A person who has violated Article 7-2 of the Act, Article 12-2 of the Act, Article 18, sections ③ through ⑤ of the Act, Article 21, section ② of the Act or Article 33-2, subsection ① of the Act, and who has been sentenced to imprisonment without labor or heavier punishment, and three years has not passed since such execution has been completed, or has been decided not to perform, or who has been sentenced to a fine of more than 5

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million won, or has received the disposition by notification equivalent to the penalty of more than 5 million won, and 3 years has not passed since he/she paid the fine or penalty

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

3. A person who forced a foreigner to engage in the act related to prostitution, speculation, sales and provision of narcotics, and who violated the Act on the Punishment of Sex-trafficking Arrangement, etc.

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Activity, the Act on Special Cases regarding the Regulation and Punishment of Speculative Activity, etc., the Narcotics Control Act, and who has been sentenced to imprisonment without labor or heavier punishment, and three years has not passed since such execution has been completed, or has been decided not to perform.

4. A person who has violated the Labor Standards Act because of not having paid the wage or allowance to the foreign employees or industrial trainees, or due to forcing them to work against their own will, and who has been sentenced to imprisonment without labor or heavier punishment, and three years has not elapsed since such execution has been completed, or has been decided not to perform.

5. A person who has invited 10 foreigners or more pursuant to Article 9, section ② of the Act for

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the recent one year from the date of application, and more than the majority of the said invited foreigners reside illegally in Korea.

6. A person who has neglected the reporting obligation more than twice pursuant to Article 19 of the Act or Article 19-4 of the Act for the recent one month from the date of application.

7. A person falling under any of the reasons which correspond to sub-sections ① through ⑥ of this Article, and is determined separately by the Minister of Justice. <Newly Added, 2005.7.8.>

Article 18 (Effect of stay of foreigners)

The validity period of the CEVI shall be 3 months and be effective for only one time. However, if the Minister of Justice deems particularly necessary, he may differently determine the validity

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Article 10 (Status of Stay) ① A foreigner who intends to enter Korea shall obtain a status of stay as prescribed in the Presidential Executive Order.〈Revised Dec.12, 1996〉

② The maximum period of stay given each time shall be determined by the

Article 12 (Classification of status of stay)Status of stay of foreigners under Article 10 ① of the Act shall be as the attached Table 1. [This Article Wholly Revised,

period of the CEVI. <Revised, 1994.7.20, 2006.8.2>

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

The maximum period for each status of stay allowed for one time under the provisions of Article 10, section ② of the Act shall be one as prescribed in the Attached Table 1. However, if deemed necessary for the international practice, principle of reciprocity, or national interests, the Minister of Justice may differently determine the maximum period for each status of stay allowed for one time. <Newly Added, 1997.7.1.>

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Justice Minister's Order in correspondence to each status of stay. 〈Revised Dec.12, 1996〉

Article 11 (Prohibition of Entry, etc.) ① The Minister of Justice may prohibit a foreigner who falls under any of the following subparagraphs from entering Korea: 〈Revised Dec.13, 1997, Mar.24, 2005〉

1. A person carrying an epidemic disease, narcotic addicts or other persons about whom there are reasonable grounds to believe that s/he may cause danger and harm to the public health;

2. A person intending to enter Korea unlawfully carrying firearms, swords, explosives, etc. as prescribed in the Firearms, Swords, Explosives Prohibition Act;

3. A person about whom there are reasonable grounds for concern that s/he may commit acts detrimental to the interest of Korea or the public

1997.6.28]

Article 13 (Management of Data on Persons Prohibited from Entry)

① The Minister of Justice shall, with respect to the persons for whom a decision is made to prohibit their entry under Article 11 of the Act, manage without delay their data pursuant to the procedures for electronic data processing systems. The same shall apply mutatis mutandis to the cancellation of entry prohibition.

② Deleted. <2002. 4.18.>

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

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safety;4. A person about whom there are considerable grounds for concern that s/he may commit acts detrimental to the economic or social order or the good morals;

5. A mentally handicapped person who is incapable of reasoning and who is not sponsored by anyone for his/her stay in Korea, or a financially destitute person who is not able to support himself/herself in Korea, or other persons who are in need of relief.

6. A person for whom 5 years has not elapsed after departure from Korea under a removal order;

7. A person who had taken part in the slaughter or cruel treatment of people on the grounds of race, ethnicity, religion, nationality, political opinion, etc. under instructions from or in liaison with the Japanese government, any government which was in alliance

Article 19 (Entry Inspection of Foreigners, etc.)

① The provisions of Article 1 of the Decree shall apply to the matters regarding the verification of

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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. Other persons similar to those specified under sub-paragraphs 1 through 7, whose entry is deemed inappropriate by the Minister of Justice

② If the home country of a foreigner who intends to enter Korea refuses an entry of a national of Korea for any reason other than those as referred to in any of sub-paragraphs 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 intends to enter Korea, s/he shall undergo entry inspection conducted by an immigration officer at the Port of Entry and Departure. Article 15 (Entry Inspection)

inspection if a branch officer conducts an entry inspection under Article 15, section ① of the Decree.

② A foreign crew member shall undergo an entry inspection conducted by the branch officer under Article 15, section ① of the Decree when he/she intends to disembark form the vessel, etc. which is anchoring in the territory of Korea and depart from Korea as a passenger.

③ The provisions of Articles 2 and 3 shall apply to the preparation and management of the entry and departure card for foreigners. However, a passenger list may be substituted for the entry and departure card in the case of group passengers such as tour vessels, etc. <Revised, Jul. 20, 1994>

Article 20 (Correction of Visa Contents, etc.)

① When a branch officer corrects the

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② The proviso of Article 6-① shall be mutatis mutandis applicable to the case as referred to in paragraph ①.

③ An immigration officer performing entry inspection shall allow entry after making sure that the following requirements are satisfied:

〈Revised Mar.24, 2005〉1. The passport and visa shall be valid: Provided, that the visa is limited only to case where it is required;

2. The purpose of entry shall comply with the status of stay;

3. The period of stay shall have been determined under the conditions as prescribed by the Justice Minister's Order; and

4. The foreigner shall not be subject to the prohibition or refusal of entry as prescribed in Article 11.

④ If an immigration officer deems that a foreigner fails to meet any of the requirements as referred to each subparagraph of paragraph ③, s/he

① The provisions of Article 1 ① through ③ shall apply mutatis mutandis to the entry inspection of foreigners under Article 12 ① of the Act. In this case, the permitted status and period of stay shall be entered in the entry inspection seal impression on the passport, etc. <Revised,1998. 4. 1.>

② An immigration officer shall, where he decides not to permit the foreigner’s entry under Article 12 ④ of the Act, if s/he deems that such matters are important, report thereon without delay to the Minister of Justice. <Revised, 2002. 4.18.>

③ Deleted. <1995.12. 1.>④ An immigration officer shall, when the persons falling under Article 7 ② 2 of the Act enter, imprint an entry inspection stamp under paragraph ①, and enter such status as the status of stay 4. Visa exemption (B-1) and the relevant period of stay in the attached Table 1 on his passport, etc.: provided that when the person subject to the visa waiver

contents of visa under Article 15, section ⑥ of the Decree, he/she shall leave deleted letters to be recognizable and sign or seal after writing the corrected facts at the bottom of a visa.<Revised 2007.3.5>

② When immigration officer(s) amend (s) the period of stay under Article 15-6-2 of Enforcement Decree,

he/she can do so only when four years or more lapsed since the issuance of visa.

In this case, the upper limit for the period of stay shall be the expiry date of the valid visa and the specific method of marking is to be decided by the Minister of Justice. <Newly Added, March5, 2007>

③ When a foreigner staying in Korea has been reissued a passport, a branch officer shall stamp a seal of entry verification on his/her new passport, and sign or seal after

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may refuse to grant entry permission.〈Revised Mar.24,2005〉

⑤ Upon allowing entry permission to a foreigner falling under Article 7-②-2 or 3, the immigration officer shall grant the status of stay and determine the period of stay under the conditions as prescribed by the Presidential Executive Order.〈Revised Dec.5, 2002〉

⑥ An immigration officer may board vessels, etc. for the purpose of conducting the inspection as referred to in paragraph ① or ②.

⑦ The provision of Article 5-② shall be applied, mutatis mutandis, to the case as referred to in paragraphs ① and ②. 〈Revised Dec.12, 1996〉

Article 12-2 (Prohibition on the provision of vessels, etc.)

① No one shall provide or arrange

agreement for diplomats and government officials enter for being stationed in the Republic of Korea, such status as a status of stay 1. Diplomacy (A-1) or 2. Public services (A-2), and the relevant period of stay shall be entered.

⑤ Deleted. <1994. 6. 30.>⑥ An immigration officer may, when the classification, the status and period of stay on the visa issued by the head of a diplomatic mission abroad are evidently in error, revise them under the conditions as prescribed by the Justice Minister's Order, and permit an entry of the relevant foreigner.

⑦ The provisions of Article 6 ③ and ④ shall apply mutatis mutandis to the custody of forged or altered passport, etc. under Article 12 ⑦ of the Act and the procedures for relevant notification: provided that this shall not apply to the matters to be notified to the head of issuing agency, in case where the provisions of Article 6 ③ are applied mutatis mutandis.

verifying whether or not there are entry and departure records in his/her former passport. <Revised, 2007.3.5>

Article 21 (Entry of Persons subject to Status of Forces Agreement)

① When a branch officer conducts an entry inspection under the provisions of Article 15, section ① of the Decree regarding a person who receives the application of the「Agreement under Article 4 of the Mutual Defence Treaty between the Republic of Korea and the United States of America, Regarding Facilities and Areas and the Status of United States Armed Forces in the Republic of Korea」, he/she shall verify his identity and stamp a seal of Sofa a(Status of Forces Agreement) on his passport. In this case, when the branch officer stamps a seal of granting of the status of stay under Article 29,

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vessels, etc., passport, visa, boarding pass, and other documents and things usable for entry into or departure from the country for the purpose of illegally assisting any foreigner to enter or depart from Korea or smuggling into a third country by way of Korea.

〈Revised Mar.24, 2005〉 ② No one shall harbor or assist any foreigner who has illegally entered Korea to flee within the country, or provide or arrange a transportation means for the same purposes.

〈Revised Dec.5, 2002〉 [Newly added Dec.13, 1997]

Article 12-3 (Custody of a foreigner's passport )

① The provision of Article 5-② shall be applied, mutatis mutandis, to the case of a forged or altered passport or a Seaman's Identification Certificate. <Revised Mar.24, 2005〉

② If an immigration officer finds a

⑧ The provisions of Article 1 ④ shall apply mutatis mutandis to the procedures for an entry of a foreign crewman employed at the ship, etc. of the Republic of Korea.

section ③ of the Decree or a seal of permission for change of status under Article 30, section ③, the preceding provisions shall be applicable. <Revised, 2005.7.8.>

Article 22 (Conditional Entry Permission)

① When the head of the branch office/sub-branch office intends to grant a conditional entry permit under the provisions of Article 13, section ①, subsection ① of the Act, he/she shall receive documents or details demonstrating the unavoidable reasons that do not meet the requirements under Article 12, section ③, subsection ①. <Revised, Jul. 20. 1994>

② When the head of the branch office/sub-branch office issues a

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passport or a Seaman's Identification Certificate of an immigration offender who is under investigation and subject to the removal under Article 46, the officer may recover detain and take them in custody.〈Revised Mar.24, 2005〉

〈Newly added Dec.29, 2001〉

Article 13 (Conditional Entry Permission)

① The office head or branch office head may grant conditional permission to enter to a foreigner who falls under any of the following sub-paragraphs under the conditions as prescribed by the Presidential Executive Order:

1. A person who has failed to meet the requirements as prescribed in Article 12-③-1 for any inevitable reason, but who is deemed to meet them within a specified period;

2. A person who is suspicious of falling under any of sub-paragraphs

Article 16 (Conditional Entry Permission)① The head of the branch office or sub-branch office may, when he permits a conditional entry under Article 13 ① of the Act, set the permission period within the limit of 72 hours.

② The head of the branch office or sub-branch office may, when the foreigner subjected to a conditional entry

conditional entry permit under Article 13, section ② of the Act, he/she shall record the fact in the register of issuance of a conditional entry permit.

③ The provisions of Article 19, section ① shall apply to the entry inspection conducted by a branch officer under Article 16, section ③ of the Decree.

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of Article 11-①, or of having failed to meet the requirements as prescribed in Article 12-③-2 and deemed therefore necessary for special inspection; and

3. Other person who is deemed by the office head or branch office head to be required for obtaining conditional entry permission.

② The head of office or branch office shall, when granting conditional entry permission as referred to in paragraph ①, issue a conditional entry permit. In this case, such a permit shall include any restriction of residence, the obligation to comply with the request of appearance, and any other necessary conditions, and may, if necessary, have the foreigner deposit a bond not exceeding ten million Won.

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

permission has failed to meet the requirements within the relevant permission period due to an inevitable reason, or is deemed to be unable to do so, extend the period of conditional entry permission within the limit not in excess of permission period under paragraph ①. <Revised, 2002. 4.18.>

③ An immigration officer shall, when he deems that the foreigner subjected to a conditional entry permission has met the requirement of each subparagraph of Article 12 ③ of the Act within the relevant permission period, conduct an entry inspection under Article 15 ①. In this case, the date of entry shall be that of the conditional entry permit. <Revised, 1997. 6.28.>

④ An immigration officer shall, when he conducts an entry inspection under paragraph ③, recover the written conditional entry permit from the relevant foreigner.

⑤ An immigration officer shall, when the foreigner subjected to a conditional entry

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Treasury, when the foreigner who had obtained conditional entry permission as prescribed in paragraph ① breaches any conditions imposed under the permit.

④ The procedures for the deposit, return, and reverting to the National Treasury of the bond as prescribed in paragraphs ② and ③ shall be determined by the Presidential Executive Order.

permission leaves the country without undergoing an entry inspection under paragraph ③, recover the written conditional entry permit from him.

Article 17 (Deposit and Return of Bond, and Procedures for Reversion to National Treasury)

① The head of the branch office or sub-branch office shall, when he requires a foreigner to deposit a bond under Article 13 ② of the Act, set the amount of bond, taking account of the money on hand, entry purpose, expenses for stay, and other circumstances of the foresaid foreigner.

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

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by the procedure for handling the money kept in the Government’s custody.

③ The bond deposited under paragraph ① shall be returned to the relevant foreigner, when he undergoes an entry inspection under Article 16 ③, or when he leaves the country on account of failing to meet the requirements under each subparagraph of Article 12 ③ of the Act within the permission period.

④ The head of the branch office or sub-branch office may, when the person subjected to a conditional entry permit flees or fails to comply with a summons more than twice without any justifiable reasons, revert the whole of the bond to the National Treasury, and when he fails to observe the conditions of permission due to other reasons, revert a part of the bond to the National Treasury.

⑤ The head of the branch office or sub-branch office shall, when he intends to revert the bond to the National Treasury under paragraph ④, deliver a

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written notice on a reversion of the bond to the National Treasury indicating the reasons for a decision to revert to the National Treasury, and the amount thereof, etc.

Immigration Control law Enforcement Decree Enforcement RegulationSECTION 2

Article 14 (Landing Permission for crew members)

① If a foreign crew intends to land for the purpose of transferring to another ship, etc. or taking a rest,

SECTION 2

Article 18

① A head of ship, etc. a forwarder, or a crewman himself shall, when he intends to apply for a landing permission for

SECTION 2

Article 23 (Landing Permission for a National of a Country Without Diplomatic Relations)　 ① When a branch officer deems it necessary to grant a landing permit for a national

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etc., the immigration officer may grant permission on the landing of the crew within the limit of 15 days upon the request of the head of the ship, etc., carrier or the person concerned, except a person who falls under any of sub-paragraphs of Article 11-①.

1. A foreign crew intending to land for the purpose of recreation, etc. while vessels, etc. whereon s/he serves moor at the Port of Entry and Departure in Korea; and

2. A foreign crew intending to transfer to another vessel scheduled to enter into a Port of Entry and Departure or continuing to be in anchorage.

② An immigration officer shall examine the documents in the following sub-paragraphs, when the application under paragraph ① is made.

1. A Seaman's Identification Certificate, where the foreign crew

crewmen under Article 14 ① of the Act, submit an application for landing permission to the immigration officer. <Revised,1995.12.1. 2007.6.1>

② "The

<Newly Added, July 5, 2005>

③ When a crew transfers to another ship, etc. in the case of section 1, or when he applies for the permit of embarkation to land in Korea for another port of entry under Article 14-6, the explanatory notes shall be attached <Revised June 28, 1997, July 5,2005.>

Article 18-2 (Multiple Landing Permission of Crewmen)

① An immigration officer may, upon permitting crew’s landing under Article 14 ① of the Act to a foreign crew of the ship, etc. which regularly plies or

of a country without diplomatic relations under Articles 14 through 16 of the Act, he/she shall ask for opinions of officials belonging to the relevant agency(agencies) stationed at the port of entry and departure. However, in the case of the landing permit falling under any of the following sub-sections, the head of the branch office/sub-branch office shall obtain the approval of the Minister of Justice.

1. When the opinions of the head of the branch office/sub-branch office differ from those of officials belonging to the relevant agency(agencies) stationed at the port of entry and departure.

2. Deleted 〈Jul. 20. 1994〉 3. When the head of the branch office/sub-branch office recognizes that it is difficult to decide.

② When a branch officer grants a landing permit for a national of a country without diplomatic relations,

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falling under paragraph ①-1 is a seaman;

2. A passport and the document(s) prescribed by the Presidential Executive Order in case where the foreign crew falling under paragraph ①-2 is a seaman; Provided, a passport only in case where the person is the one who falls under Article 7-②-3; and3. A passport, if the foreign crew belongs to other categories of seamen.

③ An immigration officer shall issue a Crew Landing Permit, when allowing the landing pursuant to paragraph ①. In this case, the Crew Landing Permit may include the duration of permission, restrictions on the area of activity, and other necessary conditions.

④ The provision of Article 12-⑤ shall be applied, mutatis mutandis, to landing permission for the foreign crew falling under paragraph ①-2,

frequents the Republic of Korea, grant a multiple landing permission which allows two or more landings within the set period of time.

② An immigration officer shall, upon granting permission under paragraph ①, issue a written multiple landing permit for the crew, with the validity term of up to one year and the landing permission term of up to 15 days.

③ Definite criteria for a multiple landing permission for crews under paragraph ① shall be separately prescribed by the Minister of Justice.

④ The provisions of Article 18 ① shall apply mutants mustangs in the case of paragraph ①.[This Article Newly Added, 1994.6.30.]

he/she shall notify the fact to the officials belonging to the relevant agency(agencies) stationed at the port of entry and departure, and frequently observe the activities of the landing permittee and record the fact in a register of investigation of foreigner activities.

Article 24(Area of Activities for those with Landing Permit)

When grating the landing permit under Article 14 through Article 16 of the Act, the proper jurisdiction of the relevant immigration (branch/sub -branch) office shall be the area of activities.

But when the crew intend to continuously use the Crew Landing Permit for other ports of entry within Korea under Article 14-6 of the Act or when it deems necessary by the immigration officer, the area of activities can be determined with other than the proper jurisdiction of

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notwithstanding the provision of the latter part of paragraph ③.

⑤ When the head of office or branch office deems necessary for the foreign crew who was granted landing permission, s/he may extend the period of landing permission.

⑥ The Crew Landing Permit issued under the provision of the latter part of paragraph ③ is available in any other Ports of Entry and Departure in Korea until the vessels, etc finally leave Korea.

〈Wholly Revised Mar.24, 2005〉

Article 15 (Emergency Landing Permission)

① An immigration officer may allow, with the maximum period of landing not exceeding 30 days, emergency landing permission to a foreigner (including a crew member) aboard a vessel, etc, who is considered to be in need of urgent landing by reason of a disease or an accident, upon

Article 19 (Emergency Landing Permission)

The head of the ship, etc. or a forwarder shall, when he intends to apply for an emergency landing permission for a foreigner on board the ship, etc. under Article 15 ① of the Act, submit to the immigration control official a written

the immigration (branch/sub-branch) office. <Revised, July 20,1994; July 1, 1997; July 3, 2008>

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application by the head of the vessel, etc. or the carrier.

② The provisions of Article 14-③ and ⑤ shall be applied, mutants mustangs, to the case of paragraph ①. In this case, the "Crew Landing Permit" shall be interpreted as the "Emergency Landing Permit" and "Crew Landing Permission" as "Emergency Landing Permission".〈Revised Mar.24, 2005〉

③ The head of a vessel, etc. or the carrier shall be liable for all the expenses of the person who made an emergency landing such as the cost of living, medical treatment, funeral services, and so forth, which may be incurred during such landing.

Article 16 (Disaster Landing Permission)

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

application for a landing permission along with the documents vindicating the reasons for an emergency landing.

Article 20 (Disaster Landing Permission)The head of the ship, etc. or a forwarder, etc. shall, when he intends to apply for a disaster landing permission under Article 16 ① of the Act, submit to the head of the immigration branch office or sub-branch office a written application for a landing permission, along with a disaster report indicating the name of the ship, etc. under a disaster, the place, day and time of the disaster, and the relevant reasons.

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

② The provisions of Article 14-③ and ⑤ shall be applied, mutants mustangs, to the case of paragraph ①. In this case, the "Crew Landing Permit" shall be interpreted as the "Disaster Landing Permit" and "Crew Landing Permission" as "Disaster Landing Permission". <Revised Mar.24, 2005〉

③ The provision of Article 15-③ shall be applied, mutants mustangs, to the case of a person who was granted disaster landing permission. In this case, the "Emergency Landing" shall be interpreted as the "Disaster Landing".〈Newly Added

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Dec.12. 1996〉

Article 16-2 (Temporary Landing Permission for Refugees)

① When the office head or branch office head deems to have a considerable reason to land a foreigner who is on board a vessel, etc. and seeking for protection in Korea immediately after escaping from the territory where there is a fear of infringement of life, body and physical freedom as the reasons prescribed in Article 1②A of the Refugee Convention and other corresponding reasons, s/he may grant temporary landing permission for refugees not exceeding the span of 90 days with the approval of the Minister of Justice. In this case, the Minister of Justice shall consult with the Minister of Foreign Affairs and Trade. 〈Revised Dec.5, 2002〉

② The provision of Article 14-③ and ⑤ shall be applied, mutants

Article 20-2

① A foreigner on board of the ship, etc. shall, when he intends to apply for a temporary refuge landing permit under Article 16-2 ① of the Act, submit to the head of the branch office or sub-branch office a written application for a temporary refuge landing permit, along with the documents vindicating the relevant reasons.

② The head of the branch office or sub-branch office shall, upon receipt of a written application under paragraph ①, forward it along with his opinions to the Minister of Justice.

③ The head of the branch office or sub-branch office shall, when the

Article 24-2 (Register of Issuance of Temporary Landing Permit for Refugees)

① The head of the branch office/ sub-branch office shall record the fact in the register of issuance of a temporary landing permit for refugees when he issues a temporary landing permit for refugees under Article 16-2, section ② of the Act.

② The term "facilities, etc. designated by the Minister of Justice" under Article 20-2, section 3 of the Decree means the Refugees Protection Center or other places designated by the Minister of Justice.

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mustangs, to the case of paragraph ①. In this case, the "Crew Landing Permit" shall be interpreted as the "Temporary Landing Permit for Refugees" and "Crew Landing Permission" as "Temporary Landing Permission for Refugees."〈Revised Mar.24, 2005〉

〈Newly Added Dec.10, 1993〉

Minister of Justice grants approval to the application under paragraph ①, issue a temporary refuge landing permit to the relevant foreigner, and designate a place of his stay in the facilities, etc. as provided by the Minister of Justice.

[This Article Newly Added, 1994.6.30.]

Article 21 (Extension of Period of Landing Permit)

① Where a person subjected to a landing permission under Article 14 ①, 15 ①, 16 ① or 16-2 ① of the Act is unable to leave the country within the relevant permitted period, the person who has applied for a landing permission shall submit an application for an extension of the period

Article 24-3 (Revocation of Various Landing Permits, etc.)

① When a foreigner who has been issued a written landing permit under Articles 14 through 16-2 of the Act departs from Korea, or when a branch officer performs an entry inspection under Article 19, section 2 of the Act, the branch officer shall take back the written landing permit. However, the branch officer shall take back the crew landing permit when a foreigner who

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of landing permission, indicating the reasons for such extension, to the head of the branch office or sub-branch office. <Revised, 1994.6.30.>

② Where there exists an application for extension under paragraph ①, the extendable period at one time shall not exceed the period under Article 14 ①, 15 ①, 16 ① or 16-2 ① of the Act, respectively. <Revised, 1994.6.30.>

has been issued a crew landing permit under Article 14, section 4 of the Act departs from the last port of entry and departure, and shall take back the multiple crew landing permit when a foreigner who has been issued a multiple crew landing permit under Article 18, section 2 of the Act departs from the last port of entry and departure. (Revised, Jul. 1, 1997)

② When a branch officer takes back the landing permit under section ① of this Article, he/she shall notify the fact to the head of the branch office/sub-branch office having that issued the landing permit. (Revised. 1999.2.27.)

Article 25 (Notification of Departure, etc. of Landing Permittees)

① The head of the branch office/ sub-branch office shall notify the list of landing permittees to the head of the branch office/sub-branch

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office having proper jurisdiction over the expected port of departure or port of landing without delay when he authorizes landing permittees to depart from other ports of entry and departure, or grants a landing permission under Article 14, section 4 of the Act.

② The head of the branch office/sub-branch office having been notified under section ① of this Article shall notify the fact to the head of the branch office/sub-branch office which granted the landing permit when the landing permittee does not depart until the period of the landing permit expires. (Revised, 1997.7.1.〉

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Immigration Control law Enforcement Decree Enforcement RegulationCHAPTER 4. STAY AND

DEPARTURE OF FOREIGNERS

SECTION 1. Stay of Foreigners

Article 17 (Stay of a Foreigner and the Scope of Activities)

① A foreigner may stay in Korea within the scope of the status of stay and the period of stay.

② No foreigner staying in Korea shall engage in any political activities, unless provided by this Act or other Acts. 〈Revised Mar.24, 2005〉

③ If a foreigner staying in Korea is engaged in any political activities,

CHAPTER Ⅲ STAY AND DEPARTURE OF FOREIGNERS

SECTION 1. Stay of Foreigners

Article 22 (injunction order)

When he intends to order the injunction of activities under Article 17 ③ of the Act, the Minister of Justice shall deliver directly, or through the head of the branch office or sub-branch office, to the relevant foreigner a written order to sus-pend activities, indicating that the relevant activities are to be immediately suspended, and that, if failed to do so,

CHAPTER 3. STAY AND DEPARTURE OF FOREIGNERS

SECTION 1. Stay of Foreigners

Article 26 (Report on the Persons subject to the Injunction of Activities)

① The head of the branch office/sub-branch office shall report the facts to the Minister of justice without delay, when he finds a person who is subject to the reasons under Article 11, section ①, subsection ③ of the Act, and who is considered as doing political

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the Minister of Justice may order him/her in writing to stop doing such activities or take other necessary measures.

such measures as forced removal are to be taken, and other necessary matters thereon.

activities under Article 17, section ② of the Act.

② When the head of the sub-branch office makes a report under section ① of this Article, it shall be done through the head of its competent office. However, in urgent cases, the head of the sub-branch office shall directly report to the Minister of justice and inform the results thereof to the head of its competent office afterward.

Article 27 (Delivery of injunction order of Activities)

① When the head of branch office/sub-branch office delivers a injunction order of activities under Article 22 of the Decree, he shall take a receipt.

② When the head of the branch office/sub-branch office deems necessary in delivering the injunction order of activities under section ①

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Article 18 (Restriction on Employment of Foreigners)

① If a foreigner intends to be employed in Korea, s/he shall obtain, as provided by the Presidential Executive Order, the status of stay allowing employment.

② A foreigner who has obtained the status of stay as referred to in paragraph ① shall be employed only at the designated place of work.

③ No one shall employ a person who does not have the status of stay as referred to in paragraph ①.

④ No one shall arrange or induce, as referred to in paragraph ①, a person who does not have the status of stay to be employed .

⑤ No one shall put anyone who has not obtained the status of stay as

Article 23 (Foreigner’s Employment and status of stay)

① Among the statuses of stay in Table 1,"the status of stay allowing employment" in Article 18-1 of the Act indicates;

9. Temporary employment(C-4),19. Professor(E-1)or25. Specific activities (E-7), 25-3.unskilled employment(E-9),

25-4. Crew Employment(E-10) and 31.Visit & Employment (H-2) <Revised Dec. 1, 1995; April 1, 1998; Sep.1,2003; Aug.17, 2004; Feb.28,2007;

June1, 2007>② Notwithstanding the provisions of paragraph ①, a person falling under any of the following sub-paragraphs shall not be limited in his employment activity pursuant to the classification of status of

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

Article 27-2 (Restriction on the Employment Activities of Overseas Korean Residents)

① The term " menial labor activities (acts)" described in Article 23 of the Decree means a job requiring a simple, ordinary physical labor, in the field for simple labor workers under Korea Standard Jobs Classification (Notice of the Korean National Statistical Office)

② The term "activities(acts) which are contrary to good public morals and other social orders such as speculative acts, etc. means activities falling under any of the following sub-sections. (Revised, Jul.8.2005)

1. Activities of employment in the places of speculative acts specified

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referred to in paragraph ① under his/her control for the purpose of arranging employment.

stay: <Revised, Aug.17,2004; July5, 2005; Feb.28, 2007; June 1, 2007>

1. Among the statuses of stay in Table 1, anyone belonging to the subsection Ma to Da in 27. Residence(F-2) category

2. Among the statuses of stay in Table 1, anyone belonging to the subsection Ra, Ha, or Ca in 27. Residence(F-2) category and intending to be engaged in the activities of his(her) previous status of stay.

③ Notwithstanding the provisions of paragraph ①, a person falling under a status of stay 28-2. Korean residents overseas (F-4) in the attached Table 1 shall be exempted from a restriction on his activities pursuant to the classification of the status of stay, except for the

cases falling under any of the following subparagraphs: provided that even if he is permitted to engage in the employment activities, when the Korean Acts and subordinate statutes require him to acquire a specific qualification, he shall

in Article 2, section ①, subsection ① of the 「Act on Special Cases regarding Regulation and Punishment of Speculative Acts, etc.」and Article 1-2 of the Enforcement Decree of the same Act.

2. Activities to work as an entertainment employee in the entertainment business such as a bar, etc. specified in Article 21, section ② of the「Food Sanitation Act」and Article 7, subsection ⑧ of the Enforcement Decree of the same Act.

3. Activities of employment in the places which are contrary to good public morals among entertainment business specified in Article 2 of the「Act on the Regulation of Amusement Business affecting Public Morals」and Article 2 of the Enforcement Decree of the same Act.

③ The specific scope of restrictions on employment activities of

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do so: <Revised, 2007.2.28.1. Where he works in a menial labor activity;

2. Where he commits the activities violating the good morals and other social orders, such as gambling ; and

3. Where deemed necessary to restrict his relevant employment in order to maintain public interest and a domestic employment order.

④ The person falling under a status of stay 28-3. Permanent Residence (F-5) in the attached Table 1 shall, notwithstanding the provisions of paragraph ①, be exempted from a restriction on his activities pursuant to the classifications of status of stay. <Newly Added, 2002.4.18, 2007.2.28>

⑤ The provisions of paragraph ① shall apply mutants mustangs to the case where the person falling under such status as a status of stay 30. Employment in Tourism (H-1) in the attached Table 1, engages in the job-seeking activities. <Newly Added, 1995.12.1>

Overseas Korean Residents under the provisions of sections ① and ② of this Article and Article 23, section ③ ③ of the Decree shall be publicly notified by the Minister of Justice through the deliberation and adjustment of the Deliberation and Adjustment Committee for Overseas Korean Residents 'Entry/ Departure/ Stay. <Newly Added, 1999.12.2.)

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Article 19 (The Reporting Obligation of Those Employing Foreigners)

① An employer of a foreigner who has, as prescribed in Article 18-①, a status of stay allowing employment activities shall report any facts occurred set forth in the following sub-paragraphs, within 15 days since the employer first noticed of them: Revised Dec.12, 1996, Mar.24, 2005〉

1. The dismissing of the foreigner, or the resignation or death of the foreigner;

2. Being unable to locate the foreigner;

3. Changes on the major parts of the employment contract; and

4. When noticed the act that the foreigner had violated this Act or the orders issued under this Act.

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

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

① A person employing a foreigner or the head of an enterprise training a foreigner in industrial technology shall, when he intends to make a report under Article 19 of the Act, submit to the head of the branch office or sub-branch office a written report on the occurrence of reasons for a change of foreigners under employment or training. <Revised, 1997.6.28>

② For the purpose of Article 19 ① 3 of the Act, the term “where important contents of the employment contract are changed” means the time when falling under any of the following sub-paragraphs: <Revised, 2002.4.18, 2003.9.1, 2005.7.5, 2006.8.24>

Article 28 (Examination of Facts Reported by an Employer of a Foreigner)

① When the head of the branch office/sub-branch office has been submitted a report on the change in circumstances of a foreign employee or industrial trainee, in accordance with the provisions of Article 24, section ① of the Decree, he shall examine the facts without delay and take necessary measures therefore. <Revised, 1997.7.1>

② The head of the branch office/sub-branch office shall record the results of processing under section ① of this Article in the register of a report on the change in circumstances of a foreign employee or industrial trainee. <Revised, 1997.7.1>

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② The provision of paragraph ① shall be applied, mutants mustangs, to the head of an industry or business who provides foreigners with training in industrial technology. 〈Newly Added Dec.12, 1996〉

Article 19-2 (Protection of Industrial Trainees. etc.)

① The government shall take necessary measures to protect foreigners who are being trained at the designated industries(hereinafter referred to as "industrial trainees") with the status of stay authorizing industrial training under Article 10.

1. When the duration of employment contract is changed;

2. When the title of the employer or the working place is changed or the location of the working place is changed due to the moving into a new place (excluding when a foreigner changes his working place under Article 21 ① of the Act);

3. When the working place is changed into another business place of the same company or another business place is added to the working place; and

4. When the employee is dispatched in accordance with the Protection, etc. of Dispatched Workers Act or any other Act (including when the business place to which the dispatched employee belongs is changed).

Article 24-2 (Industries for Industrial Training, etc.)

① Industries in which foreigners are able to engage in the industrial

training activities pursuant to Article 19-2 of the Act shall be as follows:

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② What is necessary regarding the designation of Industries referred to in paragraph ① shall be determined by the Presidential Executive Order.

〈Newly Added Dec.13, 1997〉

Article 19-3 (Management of Industrial trainees, etc.)

① The Minister of Justice shall take the measures necessary for the management of industrial trainees, including departure of the foreigner by investigating him/her whether s/he has absconded from the training place, or done activities other than training, or breached other permitted conditions.

② The necessary matters for the management of industrial trainees under the provision of paragraph ① and recruitment related to entry of industrial trainees shall be regulated by the Presidential Executive Order.

③ The Minister of Justice may permit the persons satisfying certain

<Revised, 2001.7.16, 2002.4.18, 2005.7.5>

1. Industries which directly invest in a foreign country pursuant to Article 3 ① 16 of the Foreign Exchange Transactions Act;

2. Industries which export technologies to a foreign country, and which are deemed by the Minister of Justice to require an industrial training;

3. Industries which export industrial plants to a foreign country pursuant to Article 22 ① of the Foreign Trade Act; and

4. < Deleted ; 2007.6.1>② < Deleted ; 2007.6.1>③ < Deleted ; 2007.6.1>④ < Deleted ; 2007.6.1>

Article 24-3 (< Deleted ; Jun. 1. 2007>

Article 24-4(Recruitment and Management of Industrial Trainees)

① Industries under Article 24-2 ① 1

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requirements under the Presidential Executive Order (hereinafter referred to as an employee after Industrial Training) to change their status to engage in employment activities. In this case, the provisions of paragraph ① and ② shall be applied, mutants mustangs, to the management of industrial trainees.

〈Newly Added Dec.13, 1997〉

through 3 shall recruit industrial trainees who are foreigners according to the following: <Newly Added, 2003.9.1>

1. For industries which directly invest in a foreign country, the employees who engage in production labor at the joint-invested corporation or the field corporation;

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

3. For industries which export industrial plants to a foreign country, the employees who engage in production labor at the foreign company which imports the industrial plants.

② < Deleted ; 2007.6.1>③ The head of an industry under paragraph ① or the head of a recruiting agency under paragraph ② shall not

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recruit foreigners falling under any of the following sub-paragraphs as industrial trainees: <Revised,2003.9.1, 2007.6.1>

1. A person who has been sentenced to imprisonment without prison labor or heavier punishment in the Republic of Korea, or has been sentenced to a corresponding punishment in a foreign country;

2. A person who has left the Republic of Korea under exit order or forced removal order;

3. A person who has stayed illegally for 6 or more months in the Republic of Korea;

4. A person who is likely to enter the Republic of Korea for an illegal employment; and

5. A person who falls under any subparagraph of Article 11 ① of the Act.

④ The head of competent government office for labor may, if deemed necessary, request the head of the branch office or sub-branch office to furnish the departure and entry records of the industrial trainees.

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Article 19-4 (Management of International Students, etc.)

① The head of a school (referred to the schools under each subparagraph of Article 2 of "the Higher Education Act") where the foreigners having the status of stay capable of studying or training under the provision of Article 10 (hereinafter referred to as "international students") are in school or in training, shall designate the staff to manage international students and notify the designation to the head of office or branch office.

② When any of reasons falling under the following sub-paragraphs has occurred, the head of a school,

⑤ Deleted. <2007.6.1>⑦ Other matters necessary for the recruitment and management of industrial trainees shall be separately determined by the head of the competent central administrative agency.

[This Article Newly Added, 1998.4.1] Deleted. Article 24-5 or Article 24-7<June 1, 2007>

Article 24-5 through 24-7 Deleted <June 1, 2007>

Article24-8 (Management of International Students, etc.)

Under Article 19-4-1, a school head shall do the following functions;

1. Management of the attendance and absence, accreditation, etc. of international students as prescribed in Article 19-4-1.

2. proper and necessary consulting with international students to prevent getaways

3. Notice(inclusive of electronic notice) of such a managed consulting to the he

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under the provision of paragraph ①, shall report to the head of office or branch office within 15 days from the date of knowing the fact:

1. When a foreign student given permission for entering school or training program has failed register within the registration period of each semester or absented from school temporarily; and

2. When the study or training of a foreigner has come to an end due to the reasons of expulsion from school, suspension of training or is missing.

③ The necessary matters for the management of international students shall be regulated by the Presidential Executive Order.

〈Newly Added Mar.24, 2005〉

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

ads of branches or sub-branches of immigration office under the above sub-article 1 and 2

② the works of sub-section 1 can be delegated to the person in charge under Article 19-4-1.

③ Minister of Justice can make the details as to the works of sub-section 1 of this article. <Revised Jul.3.2008>

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When a foreigner staying in Korea intends to engage in activities corresponding to a different status of stay in addition to those activities corresponding to his/her original status of stay, s/he shall obtain permission for activities beyond the current status of stay from the Minister of Justice in advance.

Article 25 (Permission for Engaging in Activities not Covered by The status of stay)

① A person who intends to obtain a permit to engage activities falling to a different status of stay concurrently with those corresponding to his own status of stay under Article 20 of the Act, shall submit an application form for permission for activities not covered by his own status of stay to the head of the branch office or sub-branch office, along with the documents as prescribed by the Justice Minister's Order.

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

Article 29 (Limitations on the Permission for Engaging in Activities not Covered by The status of stay etc.)

When the head of the branch office/sub-branch office receives an application for permission for change of status under the provisions of Article 25 of the Decree, he shall examine thereon, and if new activities are recognized as the main activities as the result of the examination, he shall make the said applicant obtain permission for change of status.

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Article 21 (Change and/or Addition of Working Place)

① When a foreigner staying in Korea intends to change or add the place of work within the scope of his/her status of stay, s/he shall obtain permission from the Minister of Justice in advance.

② No one shall employ or arrange an employment a foreigner who has not obtained permission for the change or addition of the place of work under paragraph ①, except when the employment was arranged by other Acts. <Newly Added Dec.10, 1993〉

thereto.③ The head of the branch office or sub-branch office shall, when the Minister of Justice approves the application under paragraph ①, imprint the applicant’s passport, etc. with a permission stamp for activities not covered by his own status of stay: provided that a permit for activities not covered by his own status of stay may be issued in substitute for imprinting a seal of permission for activities not covered by his status of stay, where there exists no passport, or other cases deemed necessary. <Revised, 1995.12.1, 2005.7.5>

Article 26 (Permission for Change and/or Addition of Workplace)

① A person who intends to obtain permission for the change or addition of a workplace under Article 21 ① of the Act shall submit to the head of the branch office or sub-branch office a written application for permission for the change

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Article 22 (Restrictions on the Scope of Activities)

The Minister of Justice, when deemed necessary for the public safety of or the crucial interest of Korea, may restrict the residence or the scope of activities, or establish other requirements to be observed, with respect to any foreigners staying Korea.

or addition of a workplace, along with the documents as prescribed by the Justice Minister's Order. <Revised, 1994.6.30>

② Upon receipt of a written application under paragraph ①, the head of the branch office or sub-branch office shall forward it without delay to the Minister of Justice, with his opinions attached thereto.

③ When the Minister of Justice grants a permit to an application under paragraph ①, the head of the branch office or sub-branch office shall imprint a per-mission stamp for the change or addition of a workplace on the passport, etc., and enter the changed or added workplace thereon. <Revised, 1995.12.1, 2005.7.5>

Article 27 (Restriction on Scope of Activities)

When he has restricted the scope of the residence of the foreigner under Article 22 of the Act, the Minister of Justice shall deliver directly, or through the head of the branch office or sub-branch office,

Article 30 (Delivery of a Notice of Restriction on the Scope of Activities, etc.)

The provisions of Article 27 of this Rules shall apply to the delivery of a notice of restrictions on the scope of activities, etc. under the provisions of Article 27 of the Decree.

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

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Article 23 (Grant for Status of Stay) A foreigner who comes to stay in Korea without the qualified status of stay stipulated under Article 10 due to the loss of Korean nationality or birth in Korea, etc. shall obtain a status of stay, as prescribed in the Presidential Executive Order, within 30 days since such events occurred.

a restriction order on the scope of activities, etc. indicating the relevant restricted matters or the matters for observance and the reasons therefore, to the relevant foreigner.

Article 28 (Exception to Notification Methods)

① In delivering the injunction order of activities or the notice of restriction on scope, etc. of activities under Article 22 or 27, the delivery to a person residing with the foreigner or to the head of an organization whereto he belongs shall be deemed to have been delivered to the principal, when the foreigner is absent or there exists a reason for being unable to deliver directly to the principal.

② If any urgency is required in the case of Article 22 or 27, the notice

may be orally delivered. In this case, the injunction order of activities or the restriction order on scope, etc. of activities shall be delivered in writing without delay after the oral notice.

① The head of the branch office/sub-branch office shall investigate their activities and report the results to the Minister of Justice without delay, with respect to persons who have received the injunction order of activities under Article 22 of the Decree, or a notice of restrictions on the scope of activities, etc. under Article 27 of the Decree.

② When the head of the branch office/sub-branch office recognizes that the reasons for the order or restriction disappeared in the case of section ①, he shall recommend the Minister of Justice of its revocation.

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Article 24 (Permission for the Change of the Status of Stay)

① When a foreigner staying in Korea intends to engage in the activities corresponding to the status of stay different from his/her own, s/he shall obtain permission for the change of the status of stay in advance from the Minister of Justice.

② A person, falling under any subparagraph of paragraph ① of Article 31, who intends to change his/her status of stay due to the change of his/her status, s/he shall obtain permission for the change of

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

② When granting a status of stay under paragraph ①, the Minister of Justice shall fix the period of stay, and notify the head of the branch office or sub-branch office thereof.

③ Upon receipt of a notice under paragraph ②, the head of the branch or sub-branch immigration office shall imprint the stamp for granting a status of stay on the passport, etc., and enter the status and period of stay thereon.

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

① A person who intends to obtain permission for a change of status of stay

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the status of stay from the Minister of Justice within 30 days from the date of change of his/her status.

Article 25 (Permission for the Extension of the Period of Stay)

If a foreigner intends to continue to stay in Korea in excess of the permitted period of stay, s/he shall obtain permission for the extension of the period of stay from the Minister of Justice, before the expiration of the period of stay under the conditions as prescribed in the Presidential Executive Order. <Revised 1996.12.12〉

Article 26 Deleted <1996.12.12〉

under Article 24 ① of the Act shall submit a written application for the change of status of stay to the head of the branch office or sub-branch office along with the documents as prescribed by the Justice Minister's Order.

② Upon receipt of a written application under paragraph ①the head of the branch office or sub-branch office shall forward it without delay to the Minister of Justice, with his opinions attached thereto.

③ When the Minister of Justice grants a permit to the application under paragraph ①, the head of the branch office or sub-branch office shall imprint a stamp for permitting a change of status of stay on the passport, etc, and enter the status and period of stay and the workplace thereon. <Revised, 2005.7.5>

Article 31

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

Article 32 (Permission for the Extension of the Period of Stay for Departure)

① The head of the branch office /sub-branch office may extend his/her period of stay if a person whose authorized period of stay is going to expire falls under any of the following sub-sections. <Revised, 1994.7.20. 1999.2.27, 2002.4.27.>

1. When a registered foreigner

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submit a written application for a permit for an extension of period of stay to the head of the branch office or sub-branch office before the period of stay expires, along with the documents as prescribed by the ordinance of the Ministry of Justice.

② Upon receipt of a written application under paragraph ①, the head of the branch office or sub-branch office shall forward it without delay to the Minister of Justice, with his opinions attached thereto.

③When the Minister of Justice grants a permit to the application under paragraph ①, the head of the branch office or sub-branch office shall imprint a stamp for permitting the extension of period of stay on the passport, etc. and enter the period of stay thereon: provided that when the extension of period of stay is permitted to a person who has completed the foreigner regestration, it shall be substituted with an entry of the permitted period on the certificate of foreigner

intends to temporarily stay for the purpose of domestic travel after finishing his/her activities under the current status of stay.

2. When a person may not depart because there are no vessels, etc. available for departure, or due to other unavoidable circumstances.

② A person who intends to get permission for extension of stay under section ① of this Article shall submit to the head of the branch office/sub-branch office, an application form for permission for extension of stay along with the data proving the reason therefore.

③ When the head of the branch office/sub-branch office permits the extension of stay under section ① of this Article, the fee for extension of stay is not required.

Article 33 (Postponement of Term of Departure, Extension of Deadline for Departure)

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registration.<Revised, 2005.7.5>

Article 32 Deleted. <1997.6.28.>

Article 33 (Departure Notice When Permission for Extension, etc. of the Period of Stay is not Granted)

① When he does not grant permission, under Articles 29 through 31, the Minister of Justice shall issue a disapproval notice on the extension of period of stay, etc. and deliver it to the applicant. In this case, when a change of status of stay under Article 30 is not permitted, the foreigner may be allowed to stay within the period of stay permitted already. <Revised, 1997.6.28.>

② The deadline for departure shall be clarified within the limit not exceeding 14 days from the relevant issuing date, on the disapproval notice on the extension of period of stay, etc. under paragraph ①: provided that the expiration date of permitted period of stay may, if deemed necessary, be substituted for the deadline

① The head of the branch office/ sub-branch office or the head of the immigration detention center may postpone the term of departure, when it is evident that the person given the notice of denial decision of extension of stay, etc. or the person given the recommendation of departure or exit order may not depart by the deadline because there are no vessels, etc. available for departure, or due to disease or other unavoidable circumstances.

② A person who intends to postpone the term of departure pursuant to section ① shall submit to the head of the branch office/sub-branch office/immigration detention center, an application form for postponement of term of departure along with the data proving the reason therefore.

③ If the postponement of term of departure is deemed necessary as a result of examining the application documents pursuant to section ② of

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for departure. this Article, the head of the branch office/sub-branch office/immigration detention center may postpone the term of departure, if there are no vessels, etc. available for departure, until the period set by the Minister of Justice in view of the estimated number of departure and circumstances of the vessels, etc. or in other cases, until the reasons disappear. <Revised, 2002.4.27. 2005.7.8〉

Article 34 (Application and Receipt of Various Permissions, etc.)

① The application and receipt of “various permissions” under Article 25, Article 26, Article 29 through 31, Article 38 of the Decree, or of the “registration” under Article 40, section ① of the Decree and of the issue of a "stay of foreigners" under Article 17 of the Decree shall be made in person or by any representative designated by the

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Article 27 (Carrying and Presentation of Passport, etc.)

① A foreigner staying in Korea shall always carry his/her passport,

Minister of Justice. <Revised, 2005.7.8.>

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

Article 35 (Register of Various permissions, etc.)

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

<Revised; 1997.7.1.>

Article 36 (Register of Notice of Denial Decision on Extension of Stay)

When a “notice of denial decision on extension of stay” under Article 33

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Seaman's Identification Certificate, Foreigner Entry Permit, certificate of foreigner registration or Landing Permit (hereinafter referred to as "a passport, etc."). However, exceptional if the foreigner is under the age of 17.

〈Revised Mar.24, 2005〉② When an immigration officer or other authorized public officer, in carrying out his/her mission, requires a foreigner under the text of paragraph ① to present a passport, etc. the foreigner shall comply with it.

of the Decree has been issued by the head of the branch office and sub-branch office, a nationality, name, deadline of departure, etc. shall be stated in the register of the said notice.

Article 37 (Period of Permission for Extension of Stay)

① In the case of the grant of the status of stay or the permission for change of status under Article 29 and 31 of the Decree, the maximum period of stay allowed for one time shall be made in accordance with the provisions of Article 18-2 of these Rules <Revised, July 20,1994; July 1, 1997; March 5, 2007>

② Among the statuses of stay in Table 1 of the Enforcement Decree, 31.granting the permit of stay not to exceed 3 years continuously to the person qualified for Visit & Employment(H-2), Among the statuses of stay in Table 1 of the

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Article 34 (Advance Notice of Departure When Granting status of stay, etc.)

Where the status of stay is granted or a change of status of stay is permitted under Articles 23 through 25 of the Act, and if it is decided not to permit any extension of period of stay thereafter, the head of the branch office or sub-branch office shall enter on the

Enforcement Decree,1. if any person , who is(are) parent(s) or spouse of the person qualified for Student(D-2), stay with the visa for Visit & Employment(H-2), his or her stay cannot exceed the study period of the person with D-2 visa. <Newly Added March 5, 2007>

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

When the head of the branch office/sub-branch office intends to write down the fact that the person under Article 34 of the Decree should depart from Korea within his/her authorized period of stay, it may be replaced by stamping a seal of prior notice for departure on the passport instead of writing down the said fact. <Revised, 1995.12.1, 2005.7.8.>

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passport, etc. the purport that the passport holder shall leave within the permitted period of stay. <Revised, 1995.12.1, 1997.6.28, 2005.7.5>

Immigration Control law Enforcement Decree Enforcement RegulationSECTION 2 Departure of

Foreigners

Article 28 (Departure Inspection) ① If a foreigner intends to depart from Korea, s/he shall, with a valid passport, go through departure inspection conducted by an immigration officer at the Port of Entry and Departure. <Revised Dec.12, 1996, Mar.24, 2005〉

② The proviso of Article 3-① shall apply, mutants mustangs, to the case as referred to in paragraph ①.

③ The provision of Article 5-② shall apply, mutants mustangs, to the case as referred to in

SECTION 2 Departure of Foreigners

Article 35 (Departure Inspection)① The provisions of Article 1 ① through ③ shall apply mutants mustangs to the departure inspection of foreigners under Article 28 ① of the Act: provided that the departure inspection stamp may be omitted from the passport, etc. <Revised, 1994.6.30, 2005.7.5>

② When a foreign crew employed on the ship, etc. of the Republic of Korea departs from the country, the provisions of Article 1 ④ and ⑤ shall apply mutants mustangs to the procedure for relevant departure.

③ The provisions of Article 15 ⑦ shall

SECTION 2 Departure of Foreigners

Article 39 (Departure Inspection of Foreigners)

① The departure inspection of foreigners prescribed in Article 35 of the Decree shall be made in accordance with the provisions of Article 1.

② A foreigner who has entered and intended to board the vessel, etc. which is anchoring in the territory of Korea as a status of crew members shall undergo a departure inspection under Article 35 of the Decree.

③ The provisions of Articles 2 and 3 shall apply, in relation to the

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paragraphs ① and ②. <Revised Dec.12, 1996〉

④ The provision of Article 12-⑥ shall apply, mutants mustangs, to the case as referred to in paragraphs ① and ②. 〈Newly Added Dec.12, 1996〉

apply mutants mustangs to the custody of forged or altered passport, etc. and the procedures for relevant notice under Article 28 ③ of the Act.<Revised, 2005.7.5>

preparation and management of the foreigner's E/D card. However, the foreigner's E/D card may be replaced with the passenger list, in the case of group passengers of the tour vessels, etc. <Revised; 1994.7.20.>

④ The provisions of Article 4 shall apply, in relation to the registration of a foreign crew member who departs from the country in accordance with Article 35, section ② of the Decree.

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

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Article 29 (Suspension of a Foreigner's Departure)

The Minister of Justice may suspend the departure of a foreigner who falls under any of each subparagraph of Article 4-① 〈Wholly Revised Dec.29, 2001〉

Article 36 (Suspension of Foreigner’s Departure)

The provisions of Articles 2, 3, and 5 shall apply mutants mustangs to the suspension of a foreigner’s departure under Article 29 of the Act.

Article 37 (Departure of Foreigner Whose Departure Suspension is ㄲevoked)

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

etc. and send them to the head of the branch office/sub-branch office/ immigration detention center who issued thereon.

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Article 30 (Permission of Re-entry) ① If a foreigner who has registered or has been exempted from Foreigner Registration under Article 31 intends to come back to Korea after temporary departure within the period of stay given, the Minister of Justice may permit him/her to re-enter Korea upon his/her application. But, with regard to those who have, among the statuses of stay under the provision of Article 10-①, a status of stay for permanent residence, the Minister of Justice may exempt them from having the re-entry permission.

〈Revised Dec.29, 2001, Dec.5, 2002〉

② The re-entry permission prescribed in paragraph ① is classified into a single re-entry permission valid for one time and a multiple re-entry permission valid for twice or more times.

③ If a foreigner is unable to

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

If a foreigner who was permitted reentry under Article 30-4 cannot come back to Korea due to the absence of the properly scheduled vehicles, illness, or any other unavoidable circumstances, the Minister of Justice may delegate the power to the head of Korean diplomatic missions overseas to permit such a foreigner applicant to re-enter Korea not exceeding 60 days.

[Newly Added 2003,11.20, revised, 2008.7.3>

Article 39 Deleted. <2003.9.1.>

Article 39-2 (Permission of Re entry)

① A person who intends to get the re-entry permit under Article 30① of the Act shall submit to the head of the branch office or sub-branch office an application for re-entry permit, along with the data establishing the reason therefore.

② The head of the branch office or sub-branch office shall send it without delay to the Minister of Justice, along with his opinions when he or she has received the application for the re-entry permit under section ① of this Article.

③ The period of re-entry permit shall be determined(set) within the scope(range) of the period of stay authorized.

④ The head of the branch office or sub-branch office shall affix a re-entry permit stamp on the passport and write the period of the re-entry permit or otherwise attach

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re-enter Korea within the period authorized under the provision of paragraph ① due to any disease or any inevitable circumstances, s/he shall obtain permission for the period extension of re-entry from the Minister of Justice, before the period authorized expires.

④ The Minister of Justice may delegate, pursuant to the provisions of the Presidential Executive Order, the authority regarding permission for the period extension of re-entry to the head of a Korean diplomatic mission overseas.

⑤ The criteria and procedures regarding re-entry permission, permission of its period extension and exemption from re-entry permission shall be prescribed by the Justice Minister's Order. 〈Revised Dec.5, 2002〉

the re-entry permit sticker on it when the Minister of Justice approves the application for the re-entry permit under section ①. However, the re-entry permit shall be issued to a stateless person or a national of a country prescribed in Article 7④ of the Act.<Revised, 2005.7.8.> <Newly Added, 2003.9.24.>

Article 39-3 (Permission for Extension of Re-entry Permit)

① A person who intends to get the "permission for extension of re entry permit" under Article 30① of the Act shall submit to the head of the Korean mission overseas an application for permission for extension of re-entry permit, along with the data proving the reason therefore.

② The period of permission for extension of re-entry permit shall be set within the period of three

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months from the expiration date of re-entry permit. In this case, the period of such extension may not exceed the period of stay authorized.

③ The head of the Korean mission overseas shall stamp a seal of permission for extension of re-entry permit on the passport or the re-entry permit of the person who has obtained the permission for extension of re-entry permit, and write the authorized period of extension on it.

Article 40 (Criteria for Multiple Re-entry Permit)

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

Article 41 (Period of Re-entry Permit)

① The maximum period of re-entry

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permit shall be as follows: 1. A single re-entry permit : 1 year2. A multiple re-entry permit : 2 years

② The maximum period of re-entry permit for a person falling under one of the following sub-sections shall be 3 years, notwithstanding the provisions of section ①② of this Article.

1. A person who falls under the status of stay 17. Foreign Investment(D-8) in the attached Table 1 of the Decree who has invested more than a certain amount of money designated by the Minister of Justice.

2. A person who falls under the status of stay 27. Residence(F-2) and who has invested more than a certain amount of money in the domestic industry for a given period designated by the Minister of Justice and who is engaged in business activities continuously. 〈Wholly

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Revised, 2002.4.27.〉

Article 42 (Revocation of Re-entry Permit, etc.)

When a person who has been issued a re-entry permit falls under one of the following subsections(belongs to one of the following cases), the re-entry permit shall be surrendered(taken back) by a branch officer and delivered to the head of the branch office and sub-branch office issued.

1. When the bearer of a single re-entry permit enters the country

2. When the bearer of a multiple re-entry permit enters the country for the last time(finally). <Wholly Revised, 1994.7.20.>

Article 43 (Verification, Endorsement of Re-entry Permit by the head of the Korean Mission Overseas)

① The head of the Korean mission overseas shall make inquiries of the

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

② When the Minister of Justice receives the inquiries under the provisions of section ① of this Article, the already authorized status of stay and date/period of the re-entry permit shall be replied to the head of the Korean mission overseas through the Minister of Foreign Affairs and Trade. <Revised, 2002.4.27.>

③ When the head of the Korean mission overseas receives a reply under section ② of this Article, he shall stamp a seal of re-entry permit verification on the applicant's new passport and sign thereon.

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<Revised, 2005.7.8.>④ When the person who has been issued the re-entry permit, in accordance with the proviso of Article 39-2 of the Decree, has lost it abroad, the head of the Korean mission overseas shall issue the certificate of verification for re-entry permit according to the procedures under the provisions of section ① and ② of this Article. <Revised, 2006.8.2..>

Article 44 (Approval of Permission for Extension of Re-entry Permit)

➀ When the head of the Korean mission overseas grants permission for the extension of re-entry permit, he shall obtain the approval of the Minister of Justice. <Revised, 2003.9.23>

➁ When the head of the Korean mission overseas intends to obtain the approval under section ➀ of this Article, he shall deliver the request

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form for the approval of permission for extension of re-entry permit, along with his opinions and the data proving the reasons therefore, through the Minister of Foreign Affairs and Trade. The provision of Article 8-2 shall apply in this case.

➂ The Minister of Justice shall decide on the approval of the petition and, if the petition is approved, shall specify given permission period, which is notified to the head of the diplomatic missions abroad having proper jurisdiction through the Minister of Foreign Affairs and Trade.

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

Article 44-2 (Standards for Exemption from (of) Re-entry Permit of Permanent Residence

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Status Holders, etc.)➀ A person who holds such a status of stay as 28-3. Permanent Residence (F-5) status specified(enlisted) in the Attached(Annexed) Table 1 of the Decree and who intends to reenter within one year from the date of departure shall be given (the) exemption from re-entry permit.

➁ The branch officer shall verify whether or not the said foreigner reenters within one year from the date of departure when a foreigner under section ➀ above departs from the country.

➂ The provisions of Article 39-3 shall apply to the extension of period of exemption from re-entry permit for one who falls under section ➀ above.

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CHAPTER REGISTRATION OF FOREIGNERS, ETC.

SECTION 1 Registration of a Foreigner

Article 31 (Registration of Foreigner ) ① If a foreigner stays in Korea for more than 90 days from the date of his/her entry, s/he shall, pursuant to the provision of the Presidential Executive Order, register with the head of office or branch office having proper jurisdiction over the place of his/her stay within 90 days from the date of his/her entry. Provided that, the same shall not apply to a foreigner falling under any of the following sub-paragraphs:

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

CHAPTER Ⅳ REGISTRATION OF FOREIGNERS, ETC.

SECTION 1 Registration of a Foreigner

Article 40 ( etc.)① A person who intends to register as a foreigner under Article 31 of the Act shall submit an application for foreigner registration along with his passport, etc. and other documents as determined by the Minister of Justice to the head of the branch office or sub-branch office having proper jurisdiction over the foreigner’s place of stay (hereinafter referred to as the “head of the office or branch office having proper jurisdiction over the place of stay”). <Revised, 2002.4.18, 2005.7.5, 2007.6.1>

② The head of the branch office or sub-branch office having proper jurisdiction over the place of stay shall,

CHAPTER 4. REGISTRATION OF FOREIGNERS, ETC.

SECTION 1 Registration of a Foreigner

Article 45 (Exception to Registration of the Foreigner )

① A person who falls under Article 31, section ①, subsection ③ shall be one who engages in the important affairs in the field of diplomacy, industry and national defense and his/her family member, and one who the Minister of Justice deems necessary, in particular, to exempt the foreigner registration

② When he determines to exempt the foreigner registration under the provisions of section above, the Minister of Justice shall notify the fact to the head of the branch office or sub-branch office having proper jurisdiction over the place of stay (hereinafter referred to as the “head

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

3. Persons who are invited by the Government of Korea and prescribed by the Justice Minister's Order.

② A person who is granted a status of stay pursuant to Article 23, and continues to stay for more than 90 days from the date of obtaining the status of stay, shall register as foreigner at the very time when obtaining the status of stay, notwithstanding the provision of paragraph ①.

③ A person who obtained permission for the change of status of stay pursuant to Article 24, and continues to stay for more than 90 days from his/her entry, shall register as foreigner at the very time when obtaining permission for the change of status of stay, notwithstanding

upon receipt of an application for foreigner registration under paragraph ①, provide the relevant foreigner with an individual foreigner registration number, enter it on the registered foreigners register, and imprint the passport, etc. with a stamp for the completion of foreigner registration.<Revised, 2005.7.5>

Article 40-2 (Systems for Number of foreigner registration)

① The number of foreigner registration to be given under Article 40 ② shall be a 13-place number which indicates a date of birth, gender, or a registration office, etc.

② The foreigner registration number shall be one number per head, and a number already used shall not be used again.

③ Other matters necessary for the system for the number of foreigner registration and the procedure for granting it shall be determined by the Minister of Justice.

[This Article Newly Added 2002.4.18]

of the office or sub-branch office having proper jurisdiction over the place of stay”).

Article 46. Deleted <2002.4.18.>

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the provision of paragraph ①. ④ The head of office or branch office shall accord, in a manner set by the Presidential Executive Order, individually unique registration numbers (hereinafter referred to as "foreigner registration number") to those who have made Foreigner Registration pursuant to the provisions of paragraph ① through ③. <Newly Added Dec.5, 2002〉

Article 32 (Matters of Foreigner Registration)

Matters of foreigner registration, under Article 31, are as follows;

1. Name, gender, date of birth and nationality

2. Passport number, date of issue and the term of validity

3. Place of work and position or affairs in charge

4. Address in home country and place of residence in Korea

5. Status of stay and the period of

Article 47 (Matters of Foreigner Registration)

Matters of foreigner registration under Article 32, subsection ⑥ of the Act shall be as follows ; (Revised, Jul. 20, 1994)

1. Date of entry and port of entry2. Matters regarding visas

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stay 6. Other items prescribed by the Justice Minister's Order.

Article 33 (Issuance of a certificate of foreigner registration)

① The head of office or branch office who has received an application for a foreigner registration under Article 31 shall issue a certificate of foreigner registration to the foreigner, under the conditions as prescribed by the Presidential Executive Order. Provided that the foreigner is under 17 years of age, the head of office or branch office may not issue the certificate of foreigner registration.

② When a foreigner to whom a certificate of foreigner registration is not issued under the provision in paragraph ① has reached the age of 17, s/he shall apply for the issuance of a certificate of foreigner registration to the head of office or

Article 41

① The head of the branch office or sub-branch office having proper jurisdiction over the stay place of a foreigner who has registered under Article 31 of the Act (hereinafter referred to as the “registered foreigner”) shall, when issuing a certificate of foreigner registration under Article 33 of the Act, enter the relevant fact on the issuance ledger of certificates of foreigner registration.

② The case where the head of the branch office or sub-branch office having proper

3. Matters about an accompanying person

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

5. Business registration number

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branch office having jurisdiction over the place of stay within 60 days.

Article 33-2 (Prohibition of providing a certificate of foreigner registration, etc. as a Means to Secure Fulfillment of Obligations)

Any person shall be prohibited from committing the act falling under each of the following subparagraph:

1. The act of being provided with or forcing a foreigner to provide his/her passport or certificate of foreigner registration as a means to secure a contract for employment or fulfillment of obligations.

2. The act of creating a false foreigner registration number in violation of the provision of Article 31-④ and using it

3. The act of delivering or circulating the program developed to create a false foreigner registration number to other persons.

4. The act of using illegally other

jurisdiction over the place of stay may not issue certificates of foreigner registration under the provision of Article 33 ① of the Act, shall be limited to such case where his parents or the persons under Article 89 ① request that a foreigner registered as being short of 17 years old be entered as the dependent in his certificate of foreigner registration. <Revised, 1995.12.1>

③ When he applies for an issuance of a certificate of foreigner registration under Article 33 ② of the Act, a registered foreigner shall submit an application for an issuance of a certificate of foreigner registration along with a passport, etc., a certificate of foreigner registration entered with matters regarding him, and two copies of his photograph, to the head of the branch office or sub-branch office having jurisdiction over the place of stay. <Revised, 1997.6.28, 2005.7.5>

Article 42 (Reissue of foreigner registration Certificates)

Article 48 (Re-issuance of certificate of foreigner registration)

① When a person who falls under Article

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persons' certificate of foreigner registration.

5. The act of using illegally other persons' foreigner registration number for the profit of goods or property of his/her own or other persons.〈Newly Added Dec.5, 2002〉

① The head of the branch office or sub-branch office having proper jurisdiction over the place of stay may reissue a foreigner registration certificate to a person to whom the certificate of foreigner registration has already been issued, in case where there exist the reasons falling under any of the following subparagraph: <Revised, 1995.12.1, 1997.6.28>

1. Where the certificate of foreigner registration is lost or missing;

2. Where the certificate of foreigner registration is no longer usable as it is worn-out;

3. Where there remain insufficient columns for entering the necessary matters; or

4. Where any report on a change in foreigner registration is received in respect of matters under subparagraph 1 of Article 35 of the Act.

② A person who intends to have his certificate of foreigner registration reissued under paragraph ① shall submit

42, section ①, subsection ① of the Decree intends to be reissued a certificate of foreigner registration, he/she shall summit the data proving the reason therefore to the head of the branch office or sub-branch office having proper jurisdiction over his/her place of stay.

② When the head of the branch office or sub-branch office having proper jurisdiction over the place of stay reissues a certificate of foreigner registration in accordance with the provisions of Article 42 of the Decree, he/she shall use the previous(existing) foreigner registration number, and record the reason for re-issuance in the Remarks of the register of issuance of certificate of foreigner registration.

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Article 34 (Production and Management of the Foreigner Registration File, etc.)

① The head of office or branch office who has received the Foreigner Registration under Article 31 shall produce and keep the Registered Foreigners Record File,

to the head of the branch office or sub-branch office having proper jurisdiction over his place of stay a written application for re-issuance of the certificate of foreigner registration, along with the documents vindicating the reasons therefore and one copy of his photograph within 14 days from the occurrence date of relevant reasons. In this case, where an application for re-issuance is filed on account of the reasons under paragraph ① 2 through 4, such written application shall be accompanied by the original certificate of foreigner registration. <Revised, 1995.12.1 1997.6.28.>

③ When he reissues a certificate of foreigner registration, the head of the branch office or sub-branch office having proper jurisdiction over the place of stay shall enter necessary matters in the issuance ledger of certificates of foreigner registration, and keep the certificate of foreigner registration submitted under the latter part of

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and produce the Foreigner Registration File and send it to the head of the Si(city : excluding special city and metropolitan cities, hereinafter the same), Gun(county) or Gu(ward : referred to autonomous ward, hereinafter the same) where the foreigner is staying. <Revised Dec.12, 1996〉

② The head of Si, Gun or Gu shall, upon receiving the Foreigner Registration File under the provision of paragraph ①, enter and manage "the items to be registered" in Foreigner Registration Register.

③ Matters necessary for the production and management of the Registered Foreigners Record File, Foreigner Registration File and Foreigner Registration Register, shall be regulated by the Presidential Executive Order.

paragraph ② along with the relevant records.

Article 43

① The head of the branch office or sub-branch office having proper jurisdiction over the place of stay shall prepare and keep an individual registered foreigner card under Article 34 ① of the Act. <Revised, 1997.6.28>

② The head of the branch office or sub-branch office having proper jurisdiction over the place of stay shall, when he grants various permissions, makes a notifying disposition, or receives reports, etc. with respect to a registered foreigner, manage the relevant contents by entering them in the registered foreigner card.

③ The head of the Si/Gun/Gu shall keep the foreigners’ register under Article 34 ② of the Act; when a foreigner makes the first registration or when receiving the registered foreigner card as a

Article 49 (Production and Management of the Foreigner Registration File, etc.)

① The head of the branch office or sub-branch office may make a preparation of the registered foreigner's record file and foreigner registration file under Article 34, section of the Act through computerization affairs processing procedures (electronic data processing procedures) The head of the branch office or

sub-branch office having proper jurisdiction over the place of stay shall make a registered foreigner record storage file by an individual registered foreigner and manage it, along with the registered foreigner's record file, and various permissions, or the documents related to the disposition by notification. However, this shall not apply to the case of being handled

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Article 35 (Report on Changes in Matters of foreigner registration)

A registered foreigner under the provision of Article 31 shall report on the change of foreigner registration items to the head of office or branch office having the jurisdiction over his/her stay within 14 days, pursuant to the Presidential Executive Order, if any of items falling under any of the following subparagraph is changed: <Revised Dec.12, 1996, Dec.29, 2001〉

1. Name, gender, date of birth and nationality

2. Passport number, date of issue,

foreigner moves to an area under his jurisdiction, he shall manage the relevant contents by entering them on the foreigners’ register; when a foreigner transfers a place of stay to an area under another jurisdiction or when a notice of cancellation of foreigner registration is received from the head of the branch office or sub-branch office having proper jurisdiction over the place of stay, he shall cross out the relevant matters in the foreigners’ register with red lines and enter the relevant reasons and date. <Revised, 1995.12.1, 1997.6.28, 2002.4.18>

④ The head of the Si/Gun/Gu shall keep the registered foreigner card of a foreigner, for whom a notice of cancellation of foreigner registration is received, for one year from the relevant cancellation date.

Article 44 (Report on Changes in Matters of foreigner registration)

① A person who intends to report any changes under Article 35 of the Act shall

through electronic data processing procedures.

Article 49-2 (Report on Change in Matters of Foreigner Registration)

In Article 35-3 of the Act, the term "matters prescribed by the

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

Article 36 (Report on Change of stay Place)

① When a registered foreigner under the provision of Article 31 has changed the place of stay, s/he shall, pursuant to the Presidential Executive Order, make a moving-in report to the head of SiㆍGunㆍGu of a new place of stay or the head of office or branch office having the jurisdiction over a new place of stay

submit to the head of the branch office or sub-branch office having proper jurisdiction over his place of stay, a written report on changes in matters of a foreigner registration, along with a certificate of foreigner registration and the passport, etc. <Revised, 1997.6.28, 2005.7.5>

② Upon receipt of a report on changes under paragraph ①, the head of the branch office or sub-branch office having proper jurisdiction over the place of stay shall adjust the registered foreigner card up to date, and reissue a certificate of foreigner registration with respect to the changed matters under subparagraph 1 of Article 35 of the Act, and forward a copy of the report on changes in matters of foreigner registration to the head of the Si/Gun/Gu wherein the foreigner stays. <Revised, Dec. 1,1995; June 28, 1997>

③ The head(s) of the Si/Gun/Gu shall, upon receipt of a report on changes in matters of foreigner registration under paragraph ②, adjust without delay the certificate

Justice Minister's Order means the matters falling under any of the following sub-sections.<Revised, 2007.3.5.>

1. For a person who falls under such a status of stay as 10. Culture /Arts(D-1) 11. international students(D-2), or 13. General Training(D-4) status specified in the Attached Table 1 of the Decree, change of the relevant agency or organization (including the change of name)

2. For a person who falls under such a status of stay as 14. News Report(D-5) through 18. Trade Management(D-9) status specified in the attached Table 1 of the Decree, change of the relevant agency or organization name <Newly Added, Apr. 27, 2002>

3. Among the statuses of stay in Table 1 of the Enforcement Decree, the fact(s) on the start of training or the change of training

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within 14 days. 〈Revised Dec.22, 1994, Dec.12, 1996, Dec.29, 2001〉

② When a foreigner makes a report under the provision of paragraph ①, s/he shall present his/her certificate of foreigner registration. In this case, the head of Si, Gun, Gu or the head of office or branch office shall enter the change of place of stay on the card and then return it to him/her.

〈Revised Dec.29, 2001〉③ The head of office or branch office who has received a moving-in report under the provision of paragraph ① shall notify without delay the fact of changing the place of stay to the head of Si․Gun․Gu of a new place of stay.

〈Newly Added Dec.29, 2001〉 ④ The head of Si․Gun or Gu who has directly received a moving-in report under the provision of paragraph ① or has received a notification of the change of place of stay from the

of foreigner registration up to date.

Article 45 (Report on Change of stay Place)① When he intends to make a move-in report under Article 36 ① of the Act, a person who has changed his place of stay shall submit the report on change in stay place to the head of the Si/Gun/Gu of a new place of stay or the head of the branch office or sub-branch office having proper jurisdiction over a new place of stay. <Revised, Dec.31, 1994; June 28, 1997; April 18, 2002>

② The head of the Si/Gun/Gu or the head of the branch office or sub-branch office in receipt of the move-in report under paragraph ① shall enter the changed matters in the certificate of foreigner registration, and then deliver it to the person who has submitted the report with stamping a seal for completion of a report on change in a place of stay, and forward a notice of the change in a place of stay to the head of the branch office or sub-branch office having proper

institute(s)(inclusive of the change of names) for those who belong to 18-2. Job-seeking (D-10)

4. Among the statuses of stay in Table 1 of the Enforcement Decree, the fact(s) on the start of employment when a person, qualified for 31. Visit & Employment(H-2), is employed by an individual, an institute, a group, or a corporation.

5. Among the statuses of stay in Table 1 of the Enforcement Decree, 31. when there is a change of an individual, an institute, a group, or a corporation (inclusive of name changes) or when a person, qualified for Visit & Employment(H-2), is employed by an individual, an institute, a group, or a corporation.

<Newly Added, April 27, 2002; Revised July3, 2007>

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head of office or branch office under the provision of paragraph ③ shall make, without delay, a request for transfer of the Foreigner Registration File accompanied by a copy of "Report on the Change of Place of Stay to the head of Si․Gun․Gu of the previous place of stay.

〈Revised Dec.12,1996, Dec.29, 2001〉

⑤ The head of Si․Gun or Gu of the previous place of stay who has been asked to transfer the Foreigner Registration File, under the provision of paragraph ④, shall transfer it to the head of Si․Gun or Gu of the new place of stay within 3 days from the date of such request. 〈Newly Added Dec.12,1996, Dec.29, 2001〉

⑥ The head of Si․Gun․Gu who has received the Foreigner Registration File under the provision of paragraph ⑤ shall arrange the Foreigner Registration File of the reporter and manage it pursuant to the provision

jurisdiction over the former place of stay, pursuant to Article 36 ⑦ of the Act. <Revised, 2002.4.18>

③ The head of the branch office or sub-branch office having proper jurisdiction over the former place of stay, who has received a notice of changed matters under paragraph ②, shall forward the certificate of foreigner registration to the head of the branch office or sub-branch office having proper jurisdiction over the new place of stay, and the latter shall without delay adjust such a card up to date. <Newly Added, 1997.6.28.>

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of Article 34-②.〈Revised Dec.12, 1996, Dec.29, 2001〉

⑦ The head of Si․Gun․Gu or the head of office or branch office who has received a moving-in report under the provision of paragraph ① shall, pursuant to the Presidential Executive Order, notify the fact without delay to the head of office or branch office having jurisdiction over the previous place of stay.〈Revised Dec.29, 2001〉

Article 37 (Return of the certificate of foreigner registration, etc.)

① When a foreigner who has registered under the provision of Article 31 departs from Korea, s/he shall return his/her certificate of foreigner registration to the immigration officer. However, exceptional if s/he falls under any of the following sub-paragraphs:〈Revised Dec.10, 1992〉

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1. In case a foreigner, who has obtained the re-entry permission, intends to return to Korea within the permitted period after a temporary departure;

2. In case a foreigner, who holds a multiple visa or who is a national of a country subject to exemption from re-entry permission, intends to return to Korea within the permitted period of stay after a temporary departure; and

3. In case a foreigner, who has received the Refugee Travel Document, intends to return to Korea within the term of validity of it after a temporary departure.

② In case a foreigner, who made a registration under the provision of Article 31, has become a national of Korea, died or falls under any of sub-paragraphs of Article 31-①, s/he shall return the certificate of foreigner registration under the conditions as prescribed by the

Article 46

① When he accepts a return of the foreigner registration certificate under Article 37 ① and ⑤ of the Act, an immigration officer shall notify, without delay, the head of the branch office or sub-branch office having proper jurisdiction over the place of stay of the fact of relevant foreigner’s departure. <Revised, 1995.12.1.>

② The time and method of a return of a foreigner registration certificate by a registered foreigner According to Article 37-2 of the Act<Revised, 2008.7.3>

1. When a registered foreigner becomes a Korean national, within 14days after the resident registration, the principal, his spouse, parents, or the person

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Presidential Executive Order. ③ When the head of office or branch office has the certificate of foreigner registration returned under the provisions of paragraph ① and ②, s/he shall, under the conditions as prescribed by the Presidential Executive Order, notify the fact without delay to the head of Si․Gun or Gu of the place of stay.

④ The head of office or branch office may, when deemed necessary for the national interest, temporarily take in custody of the certificate of foreigner registration of the foreigner falling under any of subparagraph of paragraph ①.

⑤ In the case of paragraph ④, when the foreigner has re-entered Korea within the permitted period, s/he shall have his/her certificate of foreigner registration returned from the head of office or branch office within 14 days, and when s/he has not re-entered Korea within the

under Article 89-① shall submit, to the head of the branch office or sub-branch office having proper jurisdiction over the place of stay, the foreigner registration certificate along with the documents verifying an acquisition of the nationality of the Republic of Korea, within 14 days Starting from the day of registration for residency status.<revised, Jul.3.2008>2. When a registered foreigner dies, his spouse, parents, the person under Article 89 ①, or the owner or manager of the building or land in which he dies shall submit the foreigner registration certificate along with a medical certificate, death certificate, or other documents verifying the fact of death, to the head of the branch office or sub-branch office having proper jurisdiction over the place of stay, within 14 days from the date of learning his death, or within 30 days from the date of his

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permitted period, s/he shall be considered to have returned his/her certificate of foreigner registration pursuant to the provision of paragraph ①.

Article 38 (Fingerprinting) ① A foreigner who falls under any of the following sub-paragraphs shall be finger-printed pursuant to the provisions of the Presidential Executive Order: 〈Revised Feb.5,

death; and 3. When a registered foreigner falls under any sub-paragraphs of Article 31 ① of the Act, he shall submit the foreigner registration certificate along with the documents verifying the relevant status, to the head of the branch office or sub-branch office having proper jurisdiction over the place of stay, upon obtaining permission for a change of status of stay.

③ The head of the branch office or sub-branch office having proper jurisdiction over the place of stay shall, when the fact of a foreigner’s departure is notified or the foreigner registration certificate is returned under paragraphs ① and ②, give a notice of the cancellation of the foreigner registration to the head of the Si/Gun/Gu of his place of stay. <Amended by Presidential Executive Order No. 15417, Jun. 28, 1997>

④ The head of the Si/Gun/Gu in receipt of a notification under para- graph ③ shall adjust without delay the certificate of

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1999〉 1. Deleted 〈Dec.31, 2003〉 2. A foreigner who is under investigation in violation of this Act or a criminal investigation in violation of other Acts;

3. A foreigner whose identity is not established; and

4. Other foreigners who are deemed especially necessary to be finger-printed by the Minister of Justice for the security and interest of Korea.

② The head of office or branch office may refuse to give permission under this Act, such as permission for extension of the period of stay, etc., against a foreigner refusing to be fingerprint as referred to in paragraph

foreigner registration up to date.⑤ The head of the branch office or sub-branch office shall, when taking a foreigner registration certificate in temporary custody under Article 37 ④ of the Act, deliver a certificate of custody after entering the relevant fact in the register of articles in custody, and return it without delay upon a receipt of a request for its return under paragraph ⑤ of the same Article after its custody.

Article 47 (Fingerprinting)① With respect to the foreigner to be finger-printed under Article 38 ① of the Act, the head of the branch office or sub-branch office having proper jurisdiction over the place of stay or the head of the foreigners’ immigration detention center (hereinafter referred to as the “head of the immigration detention center”) shall require him to submit a copy of his photograph before fingerprinting, paste it on the original fingerprint sheet, and enter the necessary matters, such

Article 50 (Fingerprinting)Matters not prescribed by these Rules, in respect of fingerprinting under Article 47 of the Decree, shall be made by the method the Commissioner of the National Police Agency provides for.

Article 51 (Tips for Writing the Original Sheet of Foreigner's Fingerprints)

① The blanks and tips for(on) writing that the relevant official such as a branch officer shall record directly, in respect of the original sheet of foreigner's fingerprints

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as personal details, thereon. <Revised,>

② The time to fingerprint under Article 38 ① of the Act shall be subject to any of the following sub-paragraphs:

<Revised, > 1. and 2. Deleted; <2004.8.17> 3. A person falling under Article 38 ① 2 of the Act shall be when interned under Article 51 ① and ③ of the Act, when served with a forced removal order under Articles 59 ② and 68 ④ of the Act, when fined exceeding 1 million won under Article 102 ① of the Act, or when accused under Article 102 ③ or 105 ② of the Act; and

4. A person falling under Article 38 ① 3 of the Act shall be when subjected to an investigation due to a violation of the Act or this Decree.

③ The head of the branch office or sub-branch office having proper jurisdiction over the place of stay or the head of the immigration detention center shall forward the original sheet of

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

1. He fills in the place of birth in the blank for(of) nationality of a stateless person.

2. He first fills in the family name in capital letters in the blank for name of a person who indicates the name in English letters and then the given name. He first fills in the name in English letters and then in Chinese character, however, in the blank for name of a person who indicates the name in both English letters and Chinese character.

3. He marks the circle(o) on the appropriate column of the blank for gender(F/M).

4. He fills in the estimated age on the blank for birthdate of a person whose date of birth is unknown,

5. He fills in the address of home country on the blank for permanent domicile.<Revised 2007.12.31.>

6. He fills in the latest address on

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foreigner’s fingerprint prepared under paragraph ① to an agency prescribed by the Justice Minister's Order, so as to let it manage the said sheet.

④ The head of the branch office or sub-branch office having proper jurisdiction over the place of stay or the head of the immigration detention center may request the agency, which has received and manages the original sheet of foreigner’s fingerprint under paragraph ③, to forward the necessary data concerning the fingerprints. In this case, the agency in receipt of a request for forwarding the data shall not refuse it without any justifiable grounds.

the blank for address of a person whose address in Korea is not fixed.

② A branch officer shall directly fill in the following blanks of the original sheet of foreigner's fingerprints.

1. The blank for nationality, name, gender, birthdate, permanent domicile and address in Korea<Revised 2007.12.31>

2. The blank for height, physique (constitution), blood type and hair color

3. The blank for distinction (characteristic) (name and place of distinction that distinguishes remarkably on body)

4. The blank for entering(writing)③ The competent official in the National Police Agency fills in the blanks for classification, fingerprints search, matters of being under sentence, disposition by the prosecutor and judicial police officer, referred records and receipts, in

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SECTION 2 Deleted.

Article 39 Deleted 〈Feb.5, 1999〉Article 40 Deleted 〈Feb.5, 1999〉Article 41 Deleted 〈Feb.5, 1999〉Article 42 Deleted 〈Feb.5, 1999〉Article 43 Deleted 〈Feb.5, 1999〉Article 44 Deleted 〈Feb.5, 1999〉Article 45 Deleted 〈Feb.5, 1999〉

respect of the original sheet of foreigner's fingerprints.

Article 52 (Delivery of the Original Sheet of Foreigner's Fingerprints, etc.)

① When he/she finishes filling out the original sheet of foreigner's fingerprints, the head of the branch office/sub-branch office/immigration detention center shall record necessary matters on the register of entering the original sheet of foreigner's fingerprints and deliver it to the Commissioner of the National Police Agency, along with a notice of the finger-printed person.

② When there has been a change in the original sheet of foreigner's fingerprints, the head of the branch office/sub-branch office/immigration detention center shall notify the fact to the Commissioner of the National Police Agency.

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SECTION 2 Deleted.

Articles 48 through 56 Deleted. < 1999.2.26.>

SECTION 2. Registration of Foreign Organization

Article 53, Deleted. <1999.2.26.>

Immigration Control law Enforcement Decree Enforcement RegulationCHAPTER

SECTION 1 Persons to be removed

Article 46 (Persons to be removed) ① The head of office, branch office or immigration detention center may deport those falling under any of the following subparagraph from

CHAPTER Ⅴ Forced Removal, CHAPTER

SECTION 1 Forced Removal and Investigation <Revised, 2003.9.24.>

Article 54 (forced removal of Persons Subject to Permanent Residence Status)

The term " person specified in the Justice Minister's Order" under

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Korea, pursuant to the procedures prescribed in this Chapter:

〈Revised Dec.10, 1993, Dec.12, 1996, Dec.29, 2001, Mar.24, 2005〉

1. A person who has violated the provisions of Article 7;

1-2. A foreigner who has violated the provisions of Article 7-2, or entered Korea by the act such as a false invitation, etc. as prescribed in the same Article;

2. A person who is found to fall under any of sub-paragraphs of Article 11-① after entry;

3. A person who has violated the provisions of Article 12-① and ②, or Article 12-2;

4. A person who has broken the conditions imposed by the head of office or branch office under the provision of Article 13-②;

5. A person who has landed in Korea without obtaining permission under the provisions of Article 14-①, Article 15-①, Article 16-① or

Article 48, section , subsection ② of the Act means a person who falls under any of the following sub-sections and whose forced removal is deemed to be justifiable by the Minister of Justice.

1. A person who has committed a crime of murder under Chapter 24, a crime of rape and sexual harrassment under Chapter 32, or a crime of burglary between burglary and theft under Chapter 38 of the「Criminal Act」

2. A person who has violated the「Sexual Violence Punishment and its Victims Protection, etc. Act」

3. A person who has violated the「Narcotics Control Act」

4. A person who has violated Article 5-2, 5-4, 5-5, 5-9, 5-11 of the「 Specific Crimes Aggravated Punishment, etc. Act」

5. A person who has violated the「National Security Act」

6. A person who has violated Article

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Article 16-2-①; 6. A person who has broken the conditions imposed by the head of office or branch office, or an Immigration officer pursuant to the provisions of Article 14-③, Article 15-②, Article 16-② or Article 16-2-②;

7. A person who has violated the provisions of Article 17-① and ②, Article 18, Article 20, Article 21, Article 23, Article 24 or Article 25;

8. A person who has violated restrictions on the place of residence, the scope of activities or other obligations set by the Minister of Justice under the provision of Article 22;

9. A person who has attempted to depart from Korea in violation of the provision of Article 28.

10. A person who has violated the provision of Article 31;

11. A person who has been released after being sentenced to

4 of the「Violent Activity, etc. Punishment Act」

7. A person who has violated the「Public Health Crime Enforcement Special Measures Act」

[Newly Added, 2003.9.24.]

Article 54-2 (Persons Subject to forced removal)

The term "person specified by the Justice Minister's Order" under Article 46 ① 12 of the Act means a person who falls under any of the following sub-sections and whose forced removal is deemed to be considerable by the head of the branch office/ sub-branch office/immigration detention center.

1. A person who has committed a crime falling under any of the sub-sections of Article 54 .

2. A person who has violated the「Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. Within the Exclusive Economic Zon

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imprisonment or heavier penalty; and 12. Other persons corresponding to the sub-paragraphs 1 through 11, who is prescribed by the Justice Minister's Order.

② Notwithstanding the provision of paragraph ①, a person who has a status of stay for permanent residence under the provision of Article 10-① shall not be removed outside Korea. However, it is not the case if s/he falls under any of the following subparagraph: 〈Newly Added Dec.5. 2002〉

1. A person who has committed a crime of insurrection under Chapter 1 of Part 2 of the Criminal Act or a crime of foreign aggression under Chapter 2 of the same Act;

2. A person who is prescribed by the Justice Minister's Order among those who have been released after being sentenced to more than 5 years of penal servitude or imprisonment; and

3. A person who has violated the

e」3. A person who has violated the「Territorial Sea and Contiguous Zone Act」② [Newly Added, 2005.7.8.]

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provisions of Article 12-2-① or ②, or has abetted or aided such violation.

Immigration Control law Enforcement Decree Enforcement RegulationSECTION 2 Investigation

Article 47(Investigation) An Immigration officer may investigate a foreigner (hereinafter referred to as a "suspect") who is suspected of falling under any subparagraph of Article 46-①. 〈Revised Dec.5, 2002〉

SECTION 1 Investigation

Article 57 (Report of Acknowledgement) When commencing an investigation under Article 47 of the Act, an immigration officer shall prepare a report on acknowledgment of suspected facts, and submit it to the head of the branch office or sub-branch office or the head of the immigration detention center.

Article 54-3 <Revised, 2005.7.8.>① When a branch officer prepares a "report on the acknowledgement of suspected offense" under Article 57 of the Decree or a "notice of adjudication on the immigration offender" under Article 104, section 3 of the Decree, he or she shall indicate the relevant items in the offense record and the case number in a report on the acknowledgement

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

① If needed for the investigation under the provision of Article 47, an immigration officer may request a suspect to appear and question him/her.

② When an immigration officer conducts questioning under the provision of paragraph ①, he/she shall have another Immigration officer participate.

③ A suspect's statement made during the questioning under the provision of the paragraph ① shall be recorded in a protocol.

Article 58 (Demand for Attendance)① When he intends to demand the attendance of a suspect or witness under Article 48 ① or 49 ① of the Act, an immigration officer shall issue a written demand for attendance, indicating the purport of such demand, the date, time and location of attendance, and enter the fact of relevant issuance in the issuance register of attendance demands.

② When a demand for attendance under paragraph ① is urgently needed, an immigration officer may make an oral demand.

Article 59 (Investigation Record)

of suspected offense or a notice of adjudication on the immigration offender.

② The case number is indicated as a yearly serial number according to year and order that the case has been received.[Newly Added 1995.12.1]

Article 55 (Approval of Request for Appearance)

When a branch officer intends to request the appearance of a suspect or witness under the provisions of Article 58 of the Decree, he or she shall obtain the approval of the head of the branch office or sub-branch office or immigration detention center in advance. However, when a branch officer intends to request the appearance without getting the approval for urgent reasons, he or she shall report it without delay and obtain the approval.

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④ The protocol under the provision of paragraph ③ shall be read to the suspect or be allowed to be read by the subject himself/herself. After that, an immigration officer shall ask the suspect whether or not the protocol is corresponding to his/her statement. Provided that the suspect asks for any addition, deletion or change in the contents thereof, the immigration officer shall record the statement in the protocol.

⑤ An immigration officer shall have the suspect sign or stamp after inter-sealing each page of the protocol. If the suspect is unable or refuseㄴ to sign or stamp, the immigration officer shall record the fact in the protocol.

⑥ For the statement of a person who can not speak Korean or is aurally handicapped or verbally handicapped, an interpreter shall be present for interpretation. However, an immigration officer may question

① The followings shall be entered in the investigation record of suspects under Article 48 ③ of the Act:

1. Nationality, name, gender, date of birth, address and occupation;

2. Matters regarding entry or departure and stay;

3. Details of suspected facts; and4. Other necessary matters, such as criminal records, etc.

② When an interpretation or translation is exercised under Article 48 ⑥ or ⑦ of the Act, the interpreter or translator shall be required to affix his seal on the boundary of pages, and sign or affix his signature and seal on the record.

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to and receive answers from the aurally or verbally handicapped person in written manners.

⑦ If there are non-Korean characters or signs in the statement, interpretation shall be conducted.

Article 49 (Request for a Reference's Appearance and Statement)

① When necessary for the investigation under the provision of Article 47, an immigration officer may request a reference to appear and hear his/her statement.

② The provisions of Article 48-② through ⑦ shall be applied, mutants mustangs, to the case of an reference's statement.

Article 50 (Inspection and Request for the Submission of Documents, etc.)

When necessary for the investigation under the provision of Article 47, an immigration officer may inspect, with

Article 60 (Statement of Witness)① The provisions of Article 59 ② shall apply mutants mustangs to the statement of witness under Article 49 of the Act.

② If the contents of a statement is complicated or a witness wants so, the statement may be made in writing.

Article 61 (Inspection and Demand for Presentation of Documents)

When he investigates a suspect under

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the suspect's consent, his/her residence or objects, or request the suspect to submit documents or objects.

Article 47 of the Act, An immigration officer may if the suspect denies the suspected facts or where deemed that the documents alone, which have been submitted by the suspect, are insufficient to attest the suspected facts, inspecting the suspect’s residence or possessions, or requiring him/her to furnish further documents or possessions, only when a third person related to the suspect gives his consent.

Article 62 (Record of Things Presented)① Upon receipt of the documents or possessions under Article 50 of the Act and Article 61 of this Decree, an immigration officer shall prepare a record of furnished items indicating the particulars of furnishing, and a list of furnished items indicating the features and quantity of furnished items.

② A record of furnished items and a list of furnished items under paragraph ① may be substituted with entering the matters regarding the furnished items in

Article 56 (Delivery of List of Submitted Objects)

When a branch officer prepares a list of submitted objects under the provisions of Article 62, section 1 of the Decree, he or she shall deliver a copy of the list of submitted objects to the person who has submitted them.

Article 57 (Procedures for Custody and Return of Submitted Objects)

① When a branch officer has been submitted documents and objects under the provisions of Article 50 of

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the investigation record under Article 59 ① or the statement under Article 60.

the Act and Article 61 of the Decree, he or she shall indicate the fact in the custody register of submitted objects.

② When a branch officer deems that it is not necessary to take custody of submitted objects under section ① of this Article, he or she shall return them without delay to the said person.

③ When a branch officer returns submitted objects under section ② of this Article, he or she shall indicate the fact in the custody register of submitted objects, and get the recipient's signature. In this case, when a branch officer has already delivered a copy of a list of submitted objects under Article 56, he or she shall take it back and keep it with the original.

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Immigration Control law Enforcement Decree Enforcement RegulationSECTION 4 Examination and

Objection

Article 58 (Examination and Decision)

When an immigration officer has completed investigation of a suspect, the head of office, branch office or immigration detention center shall immediately examine and decide whether the suspect falls any of sub-paragraphs of Article 46-①. 〈Revised Dec.5, 2002〉

SECTION 3 Examination and Objection

Article 72 (Written Notice of Decision on Examination)

The head of the branch office or sub-branch office or the head of the immigration detention center shall, when he/she has made a decision on examination under Article 58 of the Act, prepare a written notice of decision on examination indicating the judgment, reasons and applicable provisions, etc.

SECTION 3. Issuance of a Forced Removal Order

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Article 59 (Procedures after Examination)

① When, as a result of the examination, the suspect is considered not to fall under any of sub-paragraphs of Article 46-①, the head of office, branch office or immigration detention center shall immediately inform the fact to the suspect, and if the suspect is detained, the head shall immediately terminate the detention. 〈Revised Dec.5, 2002〉

② When, as a result of the examination, the suspect is considered to fall under any of sub-paragraphs of Article 46-①, the head of office, branch office or immigration detention center may issue the Order of forced removal.

〈Revised Dec.5, 2002〉③ When issuing the Order of forced removal, the head of office, branch office or immigration detention

Article 73 (Procedure after Examination) When the suspect is detained in the immigration detention center for foreigners, etc. in the case of a release from detention under Article 59 ① of the Act, the head of the branch office or sub-branch office or the head of the immigration detention center shall forward a written request for canceling the detention indicating the reasons for a release from the detention to the head of the foreigner detention camp, etc.

Article 74 (forced removal order) When he has made a decision on a forced removal order under Article 59 ② of the Act, the head of the branch office or sub-branch office or the head of the immigration detention center shall issue a written notice of forced removal order indicating the purport of and reasons for the order, and the purport that an objection may be raised, and deliver its duplicate to the suspect.

Article 62 (Issuance of a forced removal order)

When the head of the branch office or sub-branch office or immigration detention center issues a forced removal order under Article 59, section ② of the Act, he or she shall indicate the fact in the offense record.

<Revised, 1997.7.1.>

Article 63 (How to Fill out a forced removal order)

The head of the branch office or sub-branch office or immigration detention center shall indicate the applicable provisions, reason for forced removal, country of repatriation in the forced removal order under Article 59, section ② of the Act.

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center shall inform the suspect that he/she can file an objection to the Minister of Justice.

Article 60 (Objection) ① When a suspect intends to file an objection against the Order of forced removal, he/she shall submit an application for objection to the Minister of Justice within 7 days from the date on which he/she received the Order of forced removal by way of the head of office, branch office or immigration detention center.

② When receiving an application for objection under the provision of paragraph ①, the head of office, branch office or immigration detention center shall submit it to the Minister of Justice along with the written examination and decision and the record of investigation.

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

Article 75 (Objection and Decision)① The head of the branch office or sub-branch office or the head of the detention camp shall forward it without delay to the Minister of Justice, with his opinions attached thereto, upon receipt of a written application for objection under Article 60 ① of the Act,.

② Upon making a decision under Article 60 ③ of the Act, the Minister of Justice shall prepare a written notice of decision on the objection indicating the judgment, reasons and applicable provisions, and deliver it to the suspect, through the head of the branch office or sub-branch office or the head of the immigration detention center: provided that if it is a matter of urgency, a written notice of decision may be delivered, after an oral notice has been made.

③ When the suspect is detained in the

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in paragraph ① and ②, the Minister of Justice shall examine and decide whether the objection has reasonable grounds, and notify the decision to the head of office, branch office or immigration detention center.

④ When the head of office, branch office or immigration detention center has received from the Minister of Justice a notification of decision that the objection is grounded, the head shall inform the fact to the suspect without delay, and if the suspect is detained, the head shall immediately terminate the detention.

⑤ When the head of office, branch office or immigration detention center has received from the Minister of Justice a notification of decision that the objection is groundless, the head shall immediately inform the fact to the suspect.

Article 61 (Special Cases For the

immigration detention center for foreigners, etc. in a case of the release from detention under Article 60 ④ of the Act, the head of the branch office or sub-branch office or the head of the immigration detention center shall forward a written request for cancelling the detention indicating the reasons for cancellation of the detention to the head of the immigration detention center for foreigners, etc.

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Permission of Stay) ① In making a decision pursuant to the provision of Article 60-③, even though the objection is considered groundless, the Minister of Justice may permit his/her stay, provided that the suspect formerly was a national of Korea or is there are special circumstances that would allow for him/her to stay in Korea.

② The Minister of Justice m ay, when granting the permission as referred to in paragraph ①, set the period of stay and impose other necessary conditions.

Article 76 (Special Cases of stay Permission)

① For the purpose of Article 61 ① of the Act, the term “special circumstances deemed to require the suspect to stay in the Republic of Korea” means the case falling under any of the following subparagraph: <Amended by Presidential Executive Order No. 17579, Apr. 18, 2002>

1. Where the suspect has such status as status of stay 28-3. Permanent Residence (F-5) in the attached Table 1;

2. Where the suspect has been awarded a decoration or commendation by the Government of the Republic of Korea, or has made special contributions to the Republic of Korea; and

3. Other cases where deemed that there exist special circumstances to require him to stay, in view of the national interest and humanism.

② When he has granted permission for a stay under Article 61 ① of the Act, the Minister of Justice shall issue a written

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permit for special stay indicating the status and period of stay and other necessary matters to be observed, and deliver it to the suspect, through the head of the branch office or sub-branch office or the head of the immigration detention center.

③ When he has granted permission under paragraph ②, the Minister of Justice shall, enter the relevant purport in the written notice of decision under Article 75 ②.

Immigration Control law Enforcement Decree Enforcement RegulationSECTION 5 Execution of the Order

of forced removal

Article 62 (Execution of the Order of forced removal)

① The Order of forced removal shall be executed by an immigration officer.

② The head of office, branch office or immigration detention center may entrust the execution of the Order of forced removal to a judicial police

SECTION 4 Execution of the Order of forced removal

Article 77

①Upon executing a forced removal order under Article 62 ① of the Act, an immigration officer shall confirm whether or not the money in deposit, or possessions kept in provisional holding, of the relevant foreigner have been returned.

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officer. ③ At the execution of the Order of forced removal, the officer shall show it to the person to whom it is issued, and repatriate immediately him/her to the country of repatriation prescribed in the provision of Article 64. However, when the head of vessels, etc. or the carrier repatriates him/her under the provision of Article 76, an immigration officer may transfer him/her to the head of vessels, etc. or the carrier.

② Upon requesting the services of a judicial police officer for the execution of a forced removal order under Article 62 ② of the Act, the head of the branch office or sub-branch office or the head of the immigration detention center shall issue a request for execution, and deliver it with the written notice of forced removal order: provided that if it is a matter of urgency, an oral request may be made, while delivering only a written notice of deportation order.

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

④ Upon surrendering a person subjected

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Article 63 (Detention of a Person Under the Order of forced removal and the Release of Detention)

① When it is impossible to repatriate immediately the person under the Order of forced removal outside Korea, the head of office, branch office or immigration detention center may detain him/her in an immigration detention room or immigration detention center, or other places designated by the

to a forced removal order to the head of the ship, etc. or a forwarder under Article 62 ③ (proviso) of the Act, an immigration officer deliver a written instruction for repatriation indicating the relevant personal matters, reasons for forced removal, and a reminder of obligations for repatriation under Article 76 of the Act, and receive a takeover certificate indicating that the relevant obligation shall be discharged and the purport that the person subjected to a forced removal has been taken over.

Article 78 (Detention of Persons Subjected to forced removal orders, and Re- lease from Detention)

① When he/she intends to detain a person subjected to a deportation order until his/her repatriation is possible under Article 63 ① of the Act, the head of the branch office or sub-branch office or the head of the immigration detention center shall issue a written notice of detention order for a forced removal, and show it

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Minister of Justice until the repatriation is possible.

② When it becomes clear that the person under the Order of forced removal can not be repatriated due to various reasons such as the refusal of entry by other countries, the head of office, branch office or immigration detention center may terminate the detention by imposing residence restriction and other necessary conditions.

to the person subjected to the forced removal order.

② When releasing from an detention under Article 63 ② of the Act, The head of the branch office or sub-branch office or the head of the immigration detention center shall issue a written notice of release from a detention, indicating the reasons for release from a detention, residence restriction, and other necessary conditions to the person subjected to the forced removal order. In this case, ㅅhe head of the branch office or sub-branch office or the head of the immigration detention center shall, when the person subjected to a forced removal order is detained in an immigration detention center for foreigners, forward a written request for release from detention, indicating the reasons for release from detention, to the head of the immigration detention center for foreigners, etc.

③ The head of the branch office or sub-branch office or the head of the

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Article 64 (Country to be Repatriated)

① A person under the Order of forced removal shall be repatriated to the country of which he/she has nationality or citizenship.

② If a person under the Order of forced removal can not be repatriated to the country under the provision of paragraph ①, he/she may be repatriated to any of the following countries:

1. The country where he/she had resided before he/she entered Korea;

2. The country where he/she was born;

3. The country that includes the port at which he/she boarded a vessel, etc. to enter Korea; and

4. Other country to which he/she intends to be repatriated.

③ Notwithstanding the provisions of paragraph ① or ②, a refugee shall

immigration detention center shall maintain observation of the person who is released from a detention under paragraph ②, including whether a residence restriction and other conditions are followed.

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Immigration Control law Enforcement Decree Enforcement RegulationSECTION 3 Detention

Article 51 (Detention) ① In case there is a considerable reason to suspect that a foreigner falls under any of sub-paragraphs of Article 46-① and a concern to flee or might flee, an immigration officer may detain the foreigner after obtaining the Detention Order issued by the head of office, branch office or immigration detention center.

SECTION 2 Detention

Article 63 (Detention Order)① When he applies for an issuance of the detention order under Article 51 ② of the Act, an immigration officer shall submit to the head of the office or branch office or the head of the immigration detention center a written application for an issuance of the detention order indicating the reasons for detention, along with the data of investigation.

SECTION 2 (Issuance of a Detention Order)

Article 58 (Register of a Detention Order)

① The head of the branch office or sub-branch office or immigration detention center shall, when he/she issues a "detention order" under Article 51, section ① of the Act, indicate the fact in the register of detention order.

② A branch officer shall, when

not be repatriated to the country that includes the territory in which the expulsion or repatriation is prohibited by the provision of Article 33-① of the Refugee Convention. However, this shall not apply in case where the Minister of Justice deems that it might be detrimental to the interest or security of Korea. <Newly Added Dec.12, 1993〉

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〈Revised Dec.5, 2002〉 ② When applying for the issuance of the Detention Order under the provision of paragraph ①, an immigration officer shall submit an application with materials proving the necessity of the detention.

③ In case there is a considerable reason to suspect that a foreigner falls any of sub-paragraphs of Article 46-① and a concern that they may flee, but there is not enough time to get ㅁ Detention Order from the head of office, branch office or immigration detention center, an immigration officer may detain the foreigner by issuing the Urgent Detention Order in his/her authority after notifying the purport.

④ In case an immigration officer detains a foreigner pursuant to the provision of paragraph ③, he/she shall obtain the Detention Order within 48 hours and show it to the

② An immigration officer shall, when the head of the branch office or sub-branch office or the head of the immigration detention center has decided on the detention order with regard to the application under paragraph ①, obtain an issuance of the detention order indicating the reasons, place, and period of the detention from the head of the branch office or sub-branch office or the head of the immigration detention center, and show it to the suspect.

Article 64 (Request for Detention, etc.)① When he/she intends to detain a suspect or a person subjected to a forced removal order under Articles 51 ① and 63 ① of the Act in an immigration detention center for foreigners, foreigner detention room or facilities prescribed by the Minister of Justice (herein after referred to as the “immigration detention center for foreigners, etc.”), an immigration officer shall obtain an issuance of the written request for detention indicating the

he/she takes measures falling under any of the following subsections, indicate the fact in the register of detention order. <Revised, Jul. 1, 1997, Apr. 27, 2002>

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

2. Delivery of a detention notice under Article 68 of the Decree.

2-2. delivery of a detention notice was not made under the provision of Article 54 of the Act

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

4. Revocation of detention (including temporary release from detention).

③ A branch officer shall indicate the fact in the register of urgent detention order when he/she issues an "urgent detention order" under Article 64, section ② of the Decree.

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foreigner. If the immigration officer fails to get the Detention Order, he/she shall immediately cancel the foreigner's detention.

reasons and grounds for a request for the detention from the head of the branch office or sub-branch office or the head of the immigration detention center whereto he belongs, and forward it to the head of an immigration detention center for foreigners, etc. who receives the request for detention. <Amended by Presidential Executive Order No. 16120, Feb. 26, 1999>

② When he/she intends to change an immigration detention center for foreigners, etc. for an investigation of a foreigner requested for detention under paragraph ① and a standby, etc. required for a departure enforcement, An immigration officer shall obtain an issuance of a written request for a change in immigration detention center in which the grounds to change an immigration detention center are entered, and forward it to the head of the immigration detention center for foreigners, etc. detaining foreigners and the head of an immigration detention center for foreigners, etc. to

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Article 52 (The Period of Detention and The Place of Detention)

① The period of detention shall be within 10 days. However, if there are unavoidable circumstances, the period of detention can be extended for only once within the period not exceeding 10 days with the approval of the head of office, branch office or immigration detention center.

② The place of detention shall be the immigration detention room, immigration detention center, and other places designated by the

detain them, respectively. <Newly Added by Presidential Executive Order No. 17579, Apr. 18, 2002>

③ When he/she intends to urgently detain a suspect under Article 51 ③ of the Act, an immigration officer shall issue a written emergancy detention order indicating the reasons, location, and time, etc. of the emergancy detention, and show it to the suspect. <Revised, Apr. 18, 2002>

Article 65 (Extension of Detention Period)① When he/she intends to extend the detention period under the proviso of Article 52 ① of the Act, an immigration officer shall obtain an issuance of the written permit to extend the detention period indicating the period of and reasons for an extension, and the applicable provisions, etc, from the head of the branch office or sub-branch office or the head of the immigration detention center.

② When issued with a permit to extend

Article 59 (Designation of Detention Place)

The term "place designated by the Minister of Justice" under Article 52, section ② and Article 63, section ① of the Act means a detention house, prison or any other place designated by the Minister of Justice

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Minister of Justice. the detention period under paragraph ①, if the suspect is interned in an immigration detention center for foreigners, etc, an immigration officer shall obtain an issuance of a written notice of extending the detention period indicating the period of and reasons, etc. for an extension from the head of the branch office or sub-branch office or the head of the immigration detention center, and forward it to the head of the immigration detention center for foreigners, etc.

③ When the head of the branch office or sub-branch office or the head of the immigration detention center does not permit the extension of detention period under paragraph ①, an immigration officer shall immediately cancel the detention. In this case, if the suspect is detained in an immigration detention center for foreigners, he shall obtain an issuance of a written request for cancelling the detention indicating the reasons for cancelling the detention from the head of the office or branch office

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Article 53 (Execution of the Detention Order)

When an Immigration officer executes the Detention Order, he/she shall present it to the suspect.

or the head of the immigration detention center, and forward it to the head of the immigration detention center for foreigners, etc.

Article 66 (Release from Detention During Detention Period)

Where deemed that the detention is unnecessary even prior to the expiry of detention period, An immigration officer may release from the detention subject to a permission from the head of the branch office or sub-branch office or the head of the immigration detention center. In this case, the provisions of the latter part of Article 65 ③ shall apply mutants mustangs to the case where the suspect is detained in the immigration detention center for foreigners, etc.

Article 67 (Duty of Head of immigration detention center for foreigners, etc.)

When requested by the head of the branch office or sub-branch office or the head

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Article 54 (Notification of Detention) When an Immigration officer detains a suspect, he/she shall notify in writing the date, time, location and reason of detention to the suspect's , spouse, immediate relatives, siblings, family members, and counsel (hereinafter referred to as "legal representative, etc.), or a person designated by the suspect living in Korea within 3 days. However, if there is no legal representative, etc. or the suspect does not designate the person to be notified, the immigration officer may not notify anyone after recording the reason in writing.〈Revised Dec.29, 2001〉

Article 55 (Objection against Detention)

of the immigration detention center to detain a foreigner or to cancel the detention, the head of immigration detention center for foreigners, etc. shall do so without delay. <Amended by Presidential Decree No. 18097, Sep. 1, 2003>

Article 68 (Notification of Detention) The notification of detention under Article 54 of the Act shall be made by a written notice of detention indicating the reason for, and the day and time, and place of the detention, and the purport that an objection may be raised.

Article 60 (Delivery of Notice of Change in Detention Matters)

When a branch officer changes a detention place under Article 54 of the Act, or extends the period of detention under Article 65, section ① of the Decree, he/she shall deliver a "notice of change in detention matters" to a person specified in Article 54 of the Act.

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① A detainee under the Detention Order or his/her legal representative, etc. may file an objection against detention to the Minister of Justice via the head of office, branch office or immigration detention center.

② In case the Minister of Justice has received the objection under the provision of paragraph ①, he/she shall, without delay, review related documents. If the objection is considered as groundless, he/she shall, by decision, dismiss it, and if the objection is considered as grounded, he/she shall, by decision, order to release detention of the detainee.

③ When needed for making the decision under paragraph ②, the Minister of Justice may hear the statements of the person related prior to making the decision.

Article 69 (Objection to Detention)① A person who intends to raise an objection under Article 55 ① of the Act shall submit to the head of the branch office or sub-branch office or the head of the immigration detention center a written application for objection, along with the data vindicating the reasons therefore.

② The head of the branch office or sub-branch office or the head of the immigration detention center shall, upon receipt of the written application for objection under paragraph ①, forward it without delay to the Minister of Justice, with his opinions attached thereto.

Article 70 (Decisions on Objection to Detention)

① The Minister of Justice shall, when he/she has, under Article 55 ② of the Act, made a decision on the objection,

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Article 56 (Temporary Detention of Foreigners)

① An immigration officer may temporarily detain, in an immigration detention room, a foreigner falling under any of following sub-paragraphs, within the limit of 48 hours:

〈Revised Dec.12, 1996〉1. A person who has not been permitted to enter the country,

prepare a written notice of decision on the objection indicating the judgment, reasons and applicable provisions, and forward it to the applicant, through the head of the office or branch office or the head of the immigration detention center.

② The head of the branch office or sub-branch office or the head of the immigration detention center shall, upon receiving an order to cancel the detention in a case of paragraph ①, immediately cancel the detention. In this case, if the suspect is detained in the immigration detention center for foreigners, etc. a written request for cancelling the detention shall be forwarded to the head of the immigration detention center for foreigners, etc.

Article 71 (Temporary Detention of Foreigner)

① When he/she intends to temporarily detain a foreigner under Article 56 ① of the Act, an immigration officer shall

Article 61 (Register of a Temporary Detention Order)

When the head of the branch office or sub-branch office issues a "temporary detention order" under Article 71, section ① of the Decree or a "permit for extension of temporary detention period" under Article 71, section ③ of the Decree,

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pursuant to the provision of Article 12-④;

2. A person who has been granted Conditional Entry Permission under the provision of Article 13-①, and who has a considerable reason to deem that there is a concern that they may flee; and

3. A person who has been ordered to leave Korea, pursuant to the provision of Article 68-①, and who has a considerable reason to deem that there is a concern that they may flee.

② Regarding the foreigner who has been temporarily detained pursuant to the provision of paragraph ①, if the foreigner can not be repatriated within 48 hours due to lack of transportation, disease, or other unavoidable circumstances, an immigration officer may extend the period of detention only once for no more than 48 hours with the approval of the head of office or

obtain an issuance of a written order of temporary detention from the head of the branch office or sub-branch office, and show it to the relevant foreigner.

② The written order of temporary detention under paragraph ① shall contain the reasons for and the place and time, etc. of the temporary detention.

③ When he/she intends to extend the temporary detention period under Article 56 ② of the Act, an immigration officer shall obtain an issuance of the written permission for extension of temporary detention period indicating the period of, and the reasons for extension, and applicable provisions, etc. from The head of the branch office or sub-branch office, and show it to the relevant foreigner. <Newly Added by Presidential Executive Order No. 15417, Jun. 28, 1997>

he/she shall indicate the fact in the register of temporary detention order. <Revised, 1997.7.1.>

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branch office.〈Newly Added Dec.12, 1996〉

Article 56-2 (Urgent Transference of Detainees)

① When it is considered that there exist no means of evacuation at the place of detention under the provision of Article 52-② (hereinafter referred to as "detention facilities") due to natural disasters, fire or other emergencies, the head of office, branch office or immigration detention center may transfer those who have been in custody at the detention facilities (hereinafter referred to as "detainees") to other places.

② Where it is judged that the transfer under paragraph ① is impossible, the head of office, branch office or immigration detention center may terminate the detention of foreigners.

〈Newly Added Mar.24, 2005〉

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Article 56-3 (Respect of Detainees' Human Rights, etc.)

Human rights of the detainees shall be fully respected, and the discrimination based on nationality, gender, religion and social position, etc. shall be forbidden.〈Newly Added Mar.24, 2005〉

Article 56-4 (Exercise of Legitimate Physical Force)

① If a detainee falls any of the following sub-paragraphs, an immigration officer may exercise legitimate physical force on the detainee and isolate him/her from other detainees.

1. When a detainee intends to commit a suicide or injure himself/herself.

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

3. When a detainee escapes, or intends to do so.

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

5. When a detainee commits other acts endangering the safety and order of detention facilities and detainees, or intends to do so.

② The exercise of legitimate physical force under paragraph ① shall be limited to the minimum necessary extent. The exercise shall be within the use of an Immigration officer's legitimate physical strength or the use of protective instruments such as police club, gas gun, electronic taser, and other security outfits which have been specified by the Minister of Justice in order to subdue a detainee.

③ If an immigration officer is going to excercise legitimate physical force under paragraph ①, he/she shall warn the detainee beforehand. But it is not the case if there is no

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time to warn beforehand due to emergencies.

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

1. Handcuffs 2. Rope 3. Face shield 4. Others that are considered especially necessary for the management of detainees, and which are provided by the Justice Minister's Order.

⑤ With regard to the use of restraining devices and the procedure for using them under the provision of paragraph ④ shall be regulated by the Presidential Executive Order.

〈Newly Added Mar.24, 2005〉

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Article 56-5 (Search Detainees' Body, etc.)

① If needed for the safety and order of detention facilities, an immigration officer may search body, clothes and belongings of detainees.

② If a detainee is female, the search under the provision of paragraph ① shall be conducted by a female immigration officer. However, when a female immigration officer is not available, it can be conducted by ㅁ woman designated by the head of office, branch office or immigration detention center.

〈Newly Added Mar.24, 2005〉

Article 56-6 (Meeting with Visitors, etc.)

① When a detainee intends to meet, correspond and telephone with other persons, he/she shall obtain permission from the head of office, branch office or immigration detention center. In this case, the

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head of office, branch office or immigration detention center shall give permission for it, with the exception of cases deemed to be inevitable for the safety and order of the detention facilities, and for the safety, health and hygiene of detainees.

② Detailed matters on the procedures for permission of meeting, correspondence and telephoning and the restrictions for it under the provision of paragraph ① shall be regulated by the Justice Minister's Order.

〈Newly Added Mar.24, 2005〉

Article 56-7 (Safety Measures) ① The head of office, branch office or immigration detention center may install necessary facilities and supervisory equipment in order to keep the safety and order of the detention facilities and to cope with emergencies efficiently under the

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provisions of the Justice Minister's Order.

② The facilities and supervisory equipment under paragraph ①shall be installed and operated to the minimum necessary extent, in consideration of detainees' privacy.

〈Newly Added Mar.24, 2005〉

Article 57 (Treatment for Detainees) The facilities of immigration detention room and immigration detention center, the treatment, supplies, guard for detainees, and other necessary matters shall be regulated by the Justice Minister's Order.

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Immigration Control law Enforcement Decree Enforcement RegulationSECTION 6 Temporary Release

from Detention

Article 65 (Temporary Release from Detention)

① A person who is being detained under the Order of Detention or the Order of forced removal, his/her guarantor or legal representative, etc. may request the head of office, branch office or immigration detention center for a temporary release from detention according to the provisions of the Presidential Executive Order.

② When the request as referred to in paragraph ① has been made, the head of office, branch office or immigration detention center may

SECTION 5 Temporary Release from Detention

Article 79 (Temporary Release from Detention)

① A person who intends to apply for a temporary release from detention under Article 65 ① of the Act shall submit an application for temporary release, along with data vindicating the reasons for an application and the capability of paying a bond, to the head of the branch office or sub-branch office or the head of the immigration detention center.

② When he/she has made a decision on the application under paragraph ①, The head of the branch office or sub-branch office or the head of the immigration detention center shall prepare a written

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release the detainee on a temporary basis, by taking into account the circumstances of the detainee, reasons for such request, assets and other matters, by having a bond not exceeding 10 million Won deposited and by imposing residence restriction and other necessary conditions.

③ The procedures for deposit and return of the bond as referred to in paragraph ② shall be regulated by the Presidential Executive Order.

notice of decision on the application for a temporary release from detention, indicating the judgment, reasons and applicable provisions, and deliver it to the applicant.

③ When a decision has been made on a temporary release from the detention in the case of paragraph ②, the relevant written notice of decision shall contain the purport that a temporary release from detention is granted if a bond is paid, and that a temporary release from detention may be revoked and a bond may be reverted to the National Treasury if the conditions are not observed, in addition to the period of release from detention, amount of a bond, date and place of payment, residence restriction, and other necessary conditions.

④ When he/she has made a decision on a temporary release from the detention if the suspect is detained in the immigration detention center for foreigners, etc, the head of the branch office or sub-branch office or the head

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Article 66 (Cancellation of Temporary Release from Detention)

① When the person released temporarily from detention has fled, or it is deemed that there is a concern that he/she may flee, has not complied with the request for

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

⑤ The provisions of Article 17 ② shall apply mutants mustangs to the procedures for depositing a bond under Article 65 ② of the Act.

⑥ The bond deposited under paragraph ⑤ shall be returned to the person who has paid it when he/she departs or a temporary release of detention is cancelled, except for the case where such bond is reverted to the National Treasury under Article 66 ② of the Act. <Amended by Presidential Executive Order No. 15417, Jun. 28, 1997>

Article 80 (Cancellation of Temporary Release from Detention)

① Upon issuing a written notice of cancellation of temporary release of detention under Article 66 ② of the Act,

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appearance without justifiable reasons, or has breached other conditions imposed on the temporary release from detention, the head of office, branch office or immigration detention center may cancel the temporary release from detention and take measures to detain him/her again.

② When canceling the temporary release from detention pursuant to the provision of paragraph ①, the head of office, branch office or immigration detention center may issue a written cancellation of temporary release from detention and revert the whole or part of the bond to the national treasury.

③ The procedure for reverting the bond to the national treasury under the provision of paragraph ② shall be regulated by the Presidential Executive Order.

the head of the branch office or sub-branch office or the head of the immigration detention center shall deliver the relevant written notice of cancellation, indicating the reason for cancellation, place of detention, etc. to the applicant for temporary release from detention, and detain without delay the suspect once again.

② The provisions of Article 17 ④ and ⑤ shall apply mutants mustangs to the procedure for reverting a bond to the National Treasury under Article 66 ② of the Act.

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Immigration Control law Enforcement Decree Enforcement RegulationSECTION 7 Recommendation for

Departure, etc.

Article 67 (Recommendation for Departure)

① If a foreigner staying in Korea falls under any of the following sub-paragraphs, the head of office or branch office may recommend him/her to depart voluntarily from Korea:

1. In case a person who has violated the provisions of Article 17 and 20, but the offence is not serious; and

2. In case a person who has violated this Act or the order issued under this Act, and whose recommendation for departure is deemed necessary by the Minister of Justice.

② When making a recommendation

SECTION 6 Recommendation for Departure, etc.

Article 81 (Recommendation for Departure) For the purpose of Article 67 ① 1 of the Act, the term “through a minor offense” means a person who has violated Articles 17 and 20 of the Act for the first time, and the case where the relevant period of violation is less than 10 days. <Amended by Presidential Executive Order No. 14301, Jun. 30, 1994>

SECTION 4. Issuance of Departure Recommendation, etc.

Article 64 (Issuance of a Departure Recommendation)

When the head of the branch office or sub-branch office issues a departure recommendation under Article 67, section ② of the Act, he/she shall indicate the fact in the offense record.

<Revised, 1997.7.1.>

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

③ When the written recommendation of departure is issued under the provision of paragraph ②, the term of departure may be set within the scope of 5 days after it is issued.

Article 68 (Order for Departure)① The head of office, branch office or immigration detention center may order a foreigner who falls under any of the following sub-paragraphs to depart from Korea:

〈Revised Dec.10, 1993, Dec.12, 1996, Dec. 29. 2001, Dec.5, 2002〉

1. A person who is deemed to fall under any of the sub-paragraphs of Article 46-①;

2. A person who has not complied with the exit order under the provision of Article 67;

3. A person against whom all kinds

Article 65 (Deadline for Exit Order)① When the head of the branch office or sub-branch office or immigration detention center issues a "departure recommendation" under Article 68, section ② of the Act, he/she shall set the deadline for departure within the period of 14 days from the date of its issuance.

② When the head of the branch office or sub-branch office or immigration detention center issues

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of permission has been cancelled pursuant to the provision of Article 89; 3-2. A person against whom it is considered appropriate to make him/her depart from Korea after a disposition of a negligence fine pursuant to the provisions of Article 100-① through ③; and

4. A person against whom it is considered appropriate to make him/her depart from Korea after a Notification of Disposition pursuant to the provision of Article 102-①.

② The head of office, branch office or immigration detention center shall, when ordering a foreigner to depart from Korea pursuant to the provision of paragraph ①, issue the written Order for Departure.

③ The head of office, branch office or immigration detention center may, when issuing the written Order for Departure pursuant to the provision of paragraph ②, set the term of departure, impose the restriction on

a "exit order" under Article 68, section ② of the Act, he/she shall indicate the fact in the offense record.

<Revised, 1997.7.1>

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residence and other necessary conditions prescribed by the Justice Minister's Order.

④ The head of office, branch office or immigration detention center shall immediately issue the written Order for forced removal to the foreigner who has not departed from Korea by the term of departure after receiving the Order for Departure, or has breached any conditions imposed under the provision of paragraph ③.

Immigration Control law Enforcement Decree Enforcement Regulation

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CHAPTER 7 INSPECTION OF VESSELS, ETC.

Article 69 (Inspection and Examination of Vessels, etc.)

① When entering into or departing from a Port of Entry and Departure, vessels, etc. shall be inspected by an immigration officer.

② When any unavoidable cause occurs for the vessels, etc. to enter or depart from ㅁ port other than a Port of Entry and Departure, the head of vessels, etc. or the carrier shall submit in advance the written Notification of Scheduled Vessels under the provision of Article 74 to the head of office or branch office with materials explaining the cause, and undergo the inspection as referred to in paragraph ①. However, in case unexpected accidents such as an emergency landing of an aircraft and shipwreck, etc. occur, the head

CHAPTER Ⅵ

Article 82

① Upon making a search and examination of the ship, etc. under Articles 69 and 70 of the Act, an immigration officer shall confirm the matters under any of the following sub-paragraphs: <Revised, 1994.6.30, 2005.7.5>

1. Whether or not the passport, etc. is valid;

2. Whether or not the crew or passengers are on board under the justifiable procedures;

3. Whether or not the crew or passengers on board coincide with those on the list of crew and passengers submitted under Article 75 ① of the Act;

4. Whether or not any of the crew or passengers is prohibited from entry or departure;

5. Whether or not any of the crew or

CHAPTER 6. INSPECTION OF VESSELS, ETC.

Article 65-2 (Search of Vessels, etc. and Documents Inspection)

① Search of vessels, etc. under the provisions of Article 69, section 6 of the Act may be substituted by(with) documents inspection in the following cases:

1. When it is dangerous to board the vessel due to storm, etc.

2. When the vessel, etc. enters and departs other domestic ports after making a port call at the domestic port

3. When it is deemed unnecessary to search on board the vessel, etc.

② Deleted <1999.2.27.> [Newly Added, 1994.7.20.]

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of vessels, etc. or the carrier shall immediately report the fact to the head of office or branch office and undergo the inspection.

③ When an immigration officer performs the inspection under paragraphs ① and ②, he/she shall examine items of the following sub-paragraphs:

1. Whether crew members and passengers are eligible to enter and depart from Korea, and any of them have absconded from the vessels, etc.;

2. Whether any one has boarded the vessels, etc. who intends to unlawfully enter or depart from Korea in violation of laws; and

3. Whether any one has boarded the vessels, etc. who has not obtained the permission of boarding under the provision of Article 72.

④ An immigration officer may, when performing the inspection and examination pursuant to the

passengers has disembarked before the search, in the case of an incoming ship;

6. Whether or not any of the crew or passengers has not returned to the ship, etc. not later than the search, in the case of an outgoing ship;

7. Whether or not anyone other than a crew or passenger has trespassed the ship, etc. without permission for embarkation; and

8. Whether or not anyone, who intends to enter or depart without going through due formalities, is hiding on board the ship, etc.

② The head of the branch office or sub-branch office may, when a departure of the ship, etc. is likely to be delayed due to a search on board by the immigration control officials under paragraph ①, or if deemed necessary otherwise, require the crew and passengers to submit the necessary documents, such as passports, etc. before a departure of the ship, etc. and have the eligibilities of the crew and passengers examined in advance.

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provisions of paragraph ① through ③, request the head of vessels, etc. to present or let the immigration officer peruse a log book and other necessary documents.

⑤ An immigration officer may question crew members, passengers or any other persons aboard vessels, etc. to establish their identity or request them to present documents, etc. proving their identity.

⑥ The head of office or branch office may, pursuant to the Justice Minister's Order, substitute the examination of documents for the inspection of vessels, etc.

⑦ The head of vessels, etc. shall, when the vessel is unable to depart from Korea within 3 hours after the inspection due to an unavoidable cause, report the fact to the head of office or branch office, and shall undergo the inspection again just before the vessels, etc. leaves the port.

<Revised, Jul.5.2005>

Article 82-2 (Scope of Ship, etc. Subject to Search and Examination)

The scope of ship, etc. subject to search and examination by the immigration officers under Article 69 of the Act shall be as follows: <Revised, Jun. 28, 1997>

1. The ship, etc. of the Republic of Korea or a foreign country that plies between domestic ports and foreign ports;

2. The ship, etc. of the Republic of Korea or a foreign country that plies between domestic ports and pelagic areas (excluding an operational ship without any foreign crew aboard); and

3. The ship, etc. falling under subparagraph 1 or 2, which plies between domestic ports after calling at a domestic port.

<Newly Added, Jun. 30, 1994]

Article 83 (Search and Entry or Departure Inspection at Places other than Immigration Ports)

① When the head of the ship, etc. or a

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

1. Permission under Articles 3 ① (proviso) and 6 ① (proviso) of the Act; and

2. Permission under Articles 12 ② and 28 ② of the Act.

② The head of the branch office or sub-branch office shall, when the competent authorities on the ship, etc. have permitted the relevant ship, etc. to enter or leave a port, search the ship, etc. under Article 69 ② of the Act, except for the cases where there exist any special reasons.

③ Where an immigration officer commences the search and examination under Article 69 of the Act, it shall be deemed that ㅅhe head of the branch office or sub-branch office has granted a permit to an application under each

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Article 70 (Inspection and Examination of Vessels, etc. Authorized for Domestic Voyage)

When having called at a port outside Korea due to unexpected circumstances such as sudden accidents or navigational problems, a ship, aircraft, or any other means of transportation that carry people or objects within the territory of Korea (hereinafter referred to as "vessels, etc. authorized for domestic voyage") shall be inspected by an immigration officer when it enters thereafter a port of Korea, pursuant to the provisions of Chapter 7 and 8.

Article 71 (Suspension, etc. of Entry and Departure)

① When any unlawful fact is found as a result of the inspection under the provision of Article 69-③, the head

sub-paragraph of paragraph ①: provided that when there exist any special reasons for being unable to grant a permission, such a purport shall be immediately notified to the head of the ship, etc. or a forwarder.

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of office or branch office may suspend the departure or entry of crew members or passengers in question.

② The suspension of entry and departure under the provision of paragraph ①should be limited to the period of time necessary for conducting an investigation on such unlawful facts.

③ When it is necessary to prohibit or suspend continuously the entry or departure even after the investigation as referred to in paragraph ② is finished, it shall be required to obtain the decision of the Minister of Justice as prescribed in Article 4, 11 or 29.

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

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

⑤ When ordering vessels, etc to suspend temporarily the departure or return to the port, or restricting the movement of people into and out of vessels, etc. pursuant to the provision of paragraph ④, the head of office or branch office shall immediately notify the fact to the head of vessels, etc. or the carrier. This provision is also applied to the cases where the temporary suspension of departure, order to return, or restriction on the movement of people into and out of vessels, etc. have been released.

⑥ The temporary suspension of departure, etc. of vessels. etc. under the provision of paragraph ④ shall be limited to the minimum necessary extent to perform duties.

Article 72 (Permission for Boarding)

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① When the crew member or passenger of vessels, etc. anchoring at the Port of Entry and Departure or a port other than the Port of Entry and Departure, or a person other than those authorized to get on board by the provision of other laws intends to board vessels, etc, he/she shall obtain permission from the head of office or branch office.

② The paragraph ① is also applied to the case where a person other than an immigration officer intends to enter and out of immigration clearance areas.

Article 84 (Permission on Embarkation)① A person who intends to obtain permission to embark under Article 72 ① of the Act shall submit to the head of the branch office or sub-branch office a written application for permission on embarkation along with data vindicating the reason for embarking: provided that when there exist any inevitable reasons, the head of the ship, etc. or a forwarder may vicariously submit the application.

② When a person intending to board the ship, etc. for repair, cleaning, working, or other necessary purposes while the ship, etc. plies between the immigration ports in the Republic of Korea or between other places than the immigration ports, desires to obtain permission on embarkation under Article 72 ① of the Act, the head of the relevant ship, etc. or a forwarder shall submit to the head of the branch office or sub-branch office a written application for permission on

Article 66 (a Boarding Permit, etc.)① When he/she intends to grant the "boarding permission" or "permission to approach the immigration inspection area" under the provisions of Article 84 of the Decree, the head of the branch office or sub-branch office shall issue a "permit to board the vessel and approach the immigration inspection area".

② When he/she issues a "permit to board the vessel and approach the immigration inspection area" under the provisions of section ①, the head of the branch office or sub-branch office shall record the fact in the register of the said permit. <Newly Added, 1994.7.20.>

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embarkation along with data vindicating the reason for boarding.

③ For the purpose of Article 72 ② of the Act, the term “immigration inspection place” means the place installed in the immigration port for an inspection of departure or entry. <Newly Added, 2002.4.18.>

④ The head of the branch office or sub-branch office having proper jurisdiction over the immigration port may take the measures necessary for the prevention of illegal immigration against the immigration inspection places under paragraph ③.<Newly Added, 2002.4.18.>

⑤ A person who intends to obtain permission to enter the immigration inspection place under Article 72 ② of the Act shall submit to the head of the branch office or sub-branch office a written application for permission to enter the immigration inspection place along with data vindicating the reasons for such an entry.

Immigration Control law Enforcement Decree Enforcement Regulation

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CHAPTER 8 RESPONSIBILITY OF THE HEAD OF VESSELS, CARRIER,

ETC.

Article 73 (General Obligation, etc. of the Carrier, etc.) 〈Revised Mar.24, 2005〉

① The head of vessels, etc. or the carrier shall observe following sub-paragraphs:<Revised Mar.24, 2005〉

1. To prevent a person who has not obtain the entry or landing permission from entering or landing.

2. To prevent a person who does not have a valid passport (In case of a seaman, it refers both a passport and a Seaman's Identification Certificate) and a required visa from boarding.

3. To prevent a person who has not received boarding permission or departure inspection from boarding.

4. To deploy safe guards, as requested by an immigration officer,

CHAPTER Ⅶ

Article 85 Deleted. <1997.6.28.>

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in order to prevent from entering, landing and boarding as prescribed in sub-paragraphs ① through ③.

5. To search vessels, etc. to check whether there is any person hiding to enter or depart Korea in violation of this Act.

6. To refrain from coming in and out vessels, etc. without permission until the search vessels, etc. or the entry and departure inspection are completed.

7. To prevent crew members or passengers from embarking or disembarking prior to leave the port since the completion of searching vessels, etc and inspection of entry and departure.

8. Other matters ordered by an immigration officer when deemed particularly necessary to perform duties for searching vessels, etc. and inspection of entry and departure .

② When deemed necessary for performing duties falling under any

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of the following sub-paragraphs, an immigration officer may, with an approval of the head of office or branch office in advance, peruse the Passenger Name Record operated by the carrier through the information communication networks, or request the carrier to submit them in writing. In this case, the carrier shall comply with it:〈Newly Added Mar.24, 2005〉

1. Investigation of a person who has violated the provisions of Article 7-①, Article 7-2, or Article 12-2-①; and

2. In case of terrorism and that corresponding thereto, investigation of a person who falls under the provisions of Article 11-①-2 and 3.

③ The scope of the data to peruse or to be submitted in writing under paragraph ② shall be limited to the following sub-paragraphs:

〈Newly Added Mar.24, 2005〉

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1. Nationality and address; 2. The point of time of reservation and check-in process;

3. Travel route and travel agency;4. Accompanied passenger and seat number;

5. Baggage; and 6. Settlement method of price for purchasing air tickets

④ The immigration officer capable of perusing the data or of requesting to submit them in writing under paragraph ② shall be limited to the person designated by the head of office or branch office.

〈Newly Added Mar.24, 2005〉⑤ The immigration officer designated under paragraph ④ shall not use the data of the Passenger Name Record gained officially for the unlawful purposes such as divulging, handling without any authority, or providing them for others to use.〈Newly Added Mar.24, 2005〉

⑥ Detailed matters on the method of

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perusing and the period of preservation etc. of the data under paragraph ② shall be determined by the Presidential Executive Order.〈Wholly Revised Dec.12,1996〉

Article 74 (Obligation of Prior Notification)

In case where vessels, etc. enter and depart from a port of Entry and Departure, the head of vessels, etc. or the carrier shall submit in advance the written Scheduled Entry and Departure Notice specifying the scheduled entry and departure date and time and other necessary matters. However, if any unexpected accidents occur, such as an emergency landing of aircraft, a shipwreck, etc. the head of vessels, etc. or the carrier shall immediately notify the fact.

Article 86 (Scheduled Entry and Departure Notice)

The head of the ship, etc. or a forwarder shall give a scheduled entry and departure notice under Article 74 of the Act 24 hours at the latest prior to an entry and departure of the relevant ship, etc.: provided that this shall not apply to the case where a regular liner enters or departs, or where there exist any special reasons.

Article 67 (Arrival/Departure Notification and Report of Vessels, etc.)

① When the vessel, etc. arrives at the entry and departure port or ㅁ place other than the said port without making notice of scheduled vessels under the provisions of Article 86 of the Decree, on account of natural disaster, trouble of apparatus, evacuation, or other unavoidable circumstances, the head of the vessel, etc. or a carrier shall notify the arrival of the vessel, etc. to the head of the branch office or

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sub-branch office right after the vessel, etc. arrives at the port. <Revised, 1999.2.27.>

② When the head of the vessel, etc. or a carrier submits the scheduled G/D under Article 74 of the Act, and the G/D under Article 75 of the Act through information network, he or she shall transmit the G/D to the head of the branch office or sub-branch office in a standardized electronic form.

<Newly Added, 1999.2.27. ; Revised, 2005.7.8.>

③ The term "case that can't be submitted in a standardized electronic form due to unavoidable circumstances" under the proviso of Article 75, section ② of the Act shall be as follows: <Newly Added, 2005.7.8.>

1. When natural disaster, power failure, or information system/ network failure occurs due to similar conditions

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Article 75 (Obligation of Report) ① The head of vessels, etc. or the carrier that enter and depart from a port of Entry/Departure or a port other than a port of Entry/Departure shall submit the General Declaration with the Crew List and the Passenger List stating items prescribed by the Presidential Executive Order to the head of office or branch office.

〈Revised Mar.24, 2005〉 ② The General Declaration by the provision of paragraph ① shall be submitted in the standardized electronic document. If the standardized electronic document is not available due to the unavoidable

Article 87 (Obligation to Report)① The head of the ship, etc. or a forwarder shall, upon undergoing a search under Article 69 of the Act, submit a report on entry and departure under Article 75 ① of the Act: provided that upon undergoing an examination on documents under Article 69 ⑥ of the Act, the report shall be submitted at that time.

② The head of an aircraft entering or departing from an immigration port, or an air forwarder carrying on the business related to aircraft may, if unable to submit a report on entry and departure under

2. When the system for transmitting data in a standardized electronic form is not established between the head of the branch office or sub-branch office and the head of aircraft arriving/departing from the port of entry or the carrier doing aircraft business, on the condition that the head of the branch office or sub-branch office recognizes the justifiable reasons for the situation

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circumstances prescribed in the Justice Minister's Order, however, the head of vessels, etc. or the carrier shall immediately report the fact to the head of office or branch office and then may submit it in a form of paper document.(Newly Added Mar.24,2005〉

③ Detailed matters on the relevant procedures, such as the submission time of the General Declaration etc. under the provision of paragraph ①, shall be regulated by the Presidential Executive Order. <Newly Added. Mar. 24. 2005.>

④ When the head of vessels, etc. or the carrier that enter a port of Entry and Departure or a port other than the port of Entry and Departure finds a person who is aboard without a passport (in case of a seaman, it refers both a passport and a Seaman's Identification Certificate), he/she shall immediately report the fact to the head of office or branch

paragraph ①, substitute it with a submission of the documents prescribed by the international standard procedure, and the appendix of recomendations, of the International Civil Aviation Organization with respect to a report on entry and departure.

1. nationality2. name on the passport3. date of birth 4. gender5. kinds of documents and numbers6. whether or not transit passenger (applicable only to passenger)

③ The head of an airplane entering or departing any port of entry in Article 75-1 on the Report of Entry/Departure or any carrier in the airplane-related businesses shall submit the information with regard to the airplane inclusive of the following<newly added, July 5, 2005>

1. types of airplane(s)2. registration number and name3. nationality

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office and prevent the person from landing. <Revised Mar.24, 2005〉

⑤ The head of vessels, etc. or the carrier that depart from a port of Entry and Departure or a port other than the port of Entry and Departure shall report to the head of office or branch office on whether or not a crew member has returned to vessels, etc. and there is a person who attempts to depart from Korea without going through due departure procedure.

Article 76 (Obligation of Repatriation)

The head of vessels, etc. or the

4. departing port and departing hour5. routing place and routing hour6. port of entry and entry hour7. number of crew, passenger, and transit passenger

④ The head(s) of immigration branch or sub-branch office may request the head(s) of an airplane or carrier, without hesitation, to complement and submit the information when such an officer found any matters on the crews and passengers to be complemented while perusing the Report on the Entry/Departure which was submitted in the standardized electronic format under Article 75-1 and-2 of the Act. <newly added, July 5, 2005>

⑤ The deadline for the submission of the Report on Entry and Departure by reporting company under Article 75-1 of the Act shall be as follows;

-twenty(20) minutes after departure from departing country or two hours

(1) before the entry into Korea in the case of entry of port-Immediately if ready for departure in the case of the departure

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carrier carrying a foreigner who falls under any of the following sub-paragraphs, shall immediately repatriate the foreigner out of Korea at the expense and responsibility of the head of vessels, etc. or the carrier:

1. A person who has failed to meet the requirements as prescribed in Article 7-① through ④, Article 10-①.

2. A person whose entry has prohibited or refused under Article 11.

3. A person whose entry has not permitted due to the reasons caused by the head of vessels, etc. or the carrier under Article 12-④.

4. A person who landed as a crew member under Article 14, but has not returned to the vessel, etc. until it departs from the port.

5. A person who falls under Article 46-①-5 or 6, and has received the Order of forced removal.

of Korean port.<Revised, July 5, 2005>

Article 88 ① The head of the branch office or sub-branch office shall, when demanding the head of the ship, etc. or a forwarder to repatriate a person falling under any of sub-paragraphs of Article 76 of the Act, issue and deliver a repatriation order: provided that where it is a matter of urgency, he may make an oral demand, and in this case, he shall deliver without delay a repatriation order.

② The head of the ship, etc. or a forwarder shall, upon finishing a repatriation under paragraph ①, report in writing the result thereof to the head of the branch office or sub-branch office.

③ With respect to a foreigner subjected to a delivery of repatriation order under paragraph ①, the head of the ship, etc. or a forwarder shall bear such expenses as transportation, board and lodging costs, and detain the relevant foreigner until he/she is repatriated.

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Immigration Control law Enforcement Decree Enforcement RegulationCHAPTER 9 SUPPLEMENTARY

PROVISIONS

Article 77 (Carrying and Use of Arms,

CHAPTER Ⅷ SUPPLEMENTARY PROVISIONS

CHAPTER 7. SUPPLEMENTARY PROVISIONS

Article 68 (Report on Attribution to

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etc.) 〈Revised Dec.29, 2001〉① An immigration officer may carry arms, etc. (referring to equipment, outfit, sprayer, arms stipulated in Article 10 to 10-4 of the Police Officer Duty Performance Act, and hereinafter referred to as "arms, etc.") when it is necessary to perform his/her duties.〈Revised Dec.29, 2001〉

② An immigration officer may use arms, etc. in accordance with the provisions of Article 10 through 10-4 of the Police Officer Duty Performance Act. 〈Revised Dec.29, 2001〉

Article 78 (Cooperation of the agency(agencies) Concerned)

① When needed for the investigation as prescribed in Article 47, the investigation concerning the recognition, etc. of a refugee under the provision of Article 80 or the investigation of an immigration

Article 88-9(Use of Personal Information Data such as Criminal Record Check, etc. )

①With regard to Article 78-2 of the Act, the head(s) of immigration (branch/sub-branch)office(s) shall take measures such as granting personal identification number(PIN) to the

the National Treasury of Deposited Bond)

When the head of the office makes a decision on the attribution to the National Treasury of deposited bond under the provisions of Article 13, or Article 66, he/she shall report the facts to the Minister of Justice.

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offender, the immigration officer may request the agency(agencies) concerned or organizations to present materials or to cooperate in investigation of facts, etc. <Revised Dec.10, 1993〉

② For the purpose of evaluating the appropriateness for the issuance of the stay of foreigners or investigating an immigration offender, the immigration officer may make a request for inquiry of the data on criminal career and investigation career to the agency(agencies) concerned.〈Newly Added Mar.24, 2005〉

③ The agency(agencies) concerned or organizations which are requested for cooperation under paragraph ① and inquiry under paragraph ② shall not refuse them without justifiable reasons.

〈Newly Added Mar.24, 2005〉

Article 79 (A Person Obliged to

immigration officer(s) intending to check criminal records or investigation records and shall make sure that no unauthorized person(s) access to the criminal records or investigation records.

②When a person intends to make access to the data in the information system by reservation under Article 73-2 of the Act, the rules of section 1 is(are) to be applied.

③ Immigration officer(s) cannot save or store the data perused, checked, accessed or submitted under Article 73-2 or Article 78-2 of the Act.

But for the investigation purpose stipulated in Article 73-2, the data in the information system by reservation can be saved by copying in the investigation report or by attaching as printed format. [newly added, July 5, 2005]

Article 89 (Persons Liable for Application,

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Apply for Permission, etc) In case a person falling under any of the following sub-paragraphs is under the age of 17, and if s/he fails himself to make an application for permission, etc. his/her parents or other person, who is(are) prescribed by the Presidential Executive Order, shall make such application:〈Revised Dec. 12, 1996, Dec.29, 2001〉

1. A person who shall obtain "Permission to Engage in the Activities Beyond the Current Status" pursuant to Article 20; <Revised. Dec. 29. 2001>

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

2. A person who shall obtain "Permission to Change the status of stay" pursuant to Article 24;

3. A person who shall obtain "Permission to extend the Period of Stay" pursuant to Article 25;

etc. for Permission)① For the purpose of Article 79 of the Act, the term “other person pre-scribed by the Presidential Executive Order” means a de facto supporter, sibling, reference, or other persons Cohabitation.

② Where the father or mother is unable to apply under Article 79 of the Act, the person under paragraph ① shall apply in the order provided in the same paragraph.

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4. A person who shall make a foreigner registration pursuant to Article 31;

5. A person who shall make a report on the change in foreigner registration items pursuant to Article 35; and

6. A person who shall make a report on the change of the place of stay pursuant to Article 36.

Article 80 (Investigation of facts) ① When there are considerable grounds to suspect that the reports or registrations as prescribed in Article 19, Article 31, Article 35 and Article 36 are different from the fact, an immigration officer or other authorized public officer may conduct an investigation of the fact in order to ensure the accuracy of the reports or the registrations under this Act. 〈Revised Feb.5, 1999, Dec.29, 2001〉

② When needed for the issuance of

Article 90 (Investigation of Facts)The competent public official shall notify without delay the head of the office or branch office thereof when he has found out, as a result of fact-finding under Article 80 ① of the Act, that the details of report or registration are different from the facts,<Revised, 1994.6.30, 19992.26.>

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"the certificate of stay of foreigners" under the provision of Article 9, the recognition of a refugee under the provision of Article 76-2 or the cancellation of the recognition of a refugee under the provision of Article 76-3, the Minister of Justice may have an immigration officer conduct an investigation of the fact. <Newly Added Dec.10, 1993, Dec. 29. 2001〉

③ When needed to conduct an investigation as referred to in paragraphs ① and ②, it shall be authorized to have the person who has made a report, registration or application under paragraphs ① and ②, or other person concerned appear to answer any question, present documents and other materials. 〈Revised Dec.10, 1993, Feb.5, 1995〉

Article 81 (The Investigation of Foreigner Activities by an Immigration Officer)

Article 91 (Investigation of Foreigner Movements)

① When he/she has investigated the

Article 69 (Report on the Investigation of Foreigners Activities, etc.) A branch officer shall enter the

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① An immigration officer and other public officers, belonging to related agency(agencies) as regulated by the Presidential Executive Order, may for the purpose of investigating whether or not a foreigner is lawfully staying in compliance with this Act or the orders under this Act, visit to ask questions or to request submission of other necessary materials to the foreigner, the foreigner's employer, the representative of the organization to which the foreigner belongs or the foreigner's work place, and the person who has ever provided accommodation for the foreigner.〈Revised Dec.13, 1997〉

② The person who is asked any question or requested to present materials under paragraph ① shall not refuse it without any justifiable reason.

movements of foreigners, etc. under Article 81 ① of the Act, an immigration officer shall keep a record thereof.

② An immigration officer shall continue to verify whether a person subjected to the injunction order of activities under Article 22 or a restriction notice on the scope of activities, etc. under Article 27 complies with the order or the content of restriction, and keep a record thereof.

③ Matters necessary for the report on the investigation of foreigner movements and the keeping of records shall be prescribed by the Justice Minister's Order.

Article 91-2 (Public Officials Belonging to Related agency

① For the purpose of Article 81 ① of the Act, the term “public officials belonging to related agency(agencies)” means those falling under any of the following sub-paragraphs:

1. Public officials belonging to the Ministry of Labor in charge of the duties of

results of investigation of foreigners activities under the provisions of Article 91 of the Decree in the register of investigation of foreigners activities. The head of the office shall report

without delay to the Minister of Justice, regarding the matters falling under any of the following sub-sections.

1. When there exist some concerns about having serious influence on the diplomatic relationship, in respect of foreigners

2. When there exists the public security offender related to foreigners.

3. When the main information is reported(released) by mass media such as newspaper, correspondence, broadcasting, etc. in respect of foreigners or foreign organizations.

4. When it is necessary for the establishment(implementation) and operation of the basic immigration

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Article 81-2 (Stationing of an Immigration Officer)

The Minister of Justice may have an immigration officer stay in a diplomatic mission overseas, etc. in order to make him/her engage in the business of issuing visas or the

employment and of being employed;2. Public officials belonging to the Small and Medium Business Administration in charge of the duties of protection and management of industrial trainees; and

3. Other public officials belonging to the related central administrative agency (agencies) who are deemed necessary by the Minister of Justice in relation to the protection and management of industrial trainees.

② When the public officials, belonging to the related agency(agencies), investigate the foreigner movements pursuant to Article 81 ① of the Act, they shall notify the head of the branch office or sub-branch office of its details.

policy5. When there exists the main domestic or international information necessary for the foreigner's residence control.

6. When there exists the foreigners' offense drawing particular(special) attention of society.

7. When there exist the particular activities of foreigners staying in Korea, and other matters deemed to be important. The head of the office shall

quarterly integrate the results of the investigation under the provisions of section 1 of this Article and report it to the Minister of Justice within 15 days after the quarter finishes. The head of the branch office

shall prepare a group record file on the investigation of foreigners activities indicating the record on the agency or organization that the foreigner is employed, in relation to the investigation of foreigners

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Foreigner Entry Permit under Article 7-① or ④, gathering necessary information or doing liaison business relating to the foreigner's entry.〈Newly Added Mar.24, 2005〉

Article 82 (Carrying and Presentation of Identification Card)

When an immigration officer or an authorized public officer performs his/her duties falling under any of the following sub-paragraphs, he/she shall carry and present the identification card indicating his/her authority to the person concerned:

1. When he/she inspects the residence or objects or requests to present documents or other things under Article 50;

2. When he/she inspects and examines under Article 69 and 70;

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

Article 92 (Uniform and Identification Card of Immigration Control Officials)

① When engaging in the duties related to immigration control, an immigration officer shall wear a uniform: this shall not apply when the Minister of Justice permits or when there exist special reasons.

②When performing the duties of judicial police officer under Article 3 ⑤ of the Act on the Persons Performing the Duties of Judicial Police Officers and the Scope of Their Duties, an immigration officer shall carry an identification card of judicial police officer with him. <Revised, 2002.4.18., 2005.7.5.>

③ Matters necessary for the uniform under paragraph ① shall be prescribed

activities

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4. When he/she performs other duties corresponding to the sub-paragraphs ① through ③.

Article 83 (Report on Immigration Offenders)

Anyone who finds a person suspected to have violated this Act may report the fact to an immigration officer.

Article 84 (Obligation of Notification) ① When a national or a local government officer, in performing his/her duties, finds a person falling under any of the sub-paragraphs of Article 46-① or a person deemed to have violated this Act, he/she shall immediately notify the fact to the head of office, branch office or immigration detention center. 〈Revised Dec.5, 2002〉

② When a foreigner falling under paragraph ① has been released by the completion of the period of

by the Justice Minister's Order.

Article 70 (Report on Immigration Offenders)

When a branch officer receives the report under the provisions of Article 8 of the Act, he/she shall take necessary measures after the verification of the facts.

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imprisonments or by the suspension of execution of a sentence or other reasons, or released from internment under care and custody or rehabilitation and custody, or released from Juvenile Penitentiary after internment under the Juvenile Act, the head of prison, Juvenile Penitentiary, detention house and its branch, social protection house, rehabilitative custody house or juvenile reformatory shall immediately notify the fact to the head of office, branch office or immigration detention center. <Revised Aug.4, 2005〉

Article 85 (Relation with Criminal Procedures)

① The head of office, branch office or immigration detention center may, even while a person falling under any of sub-paragraphs of Article 46-① is still under the execution of the sentence, take a procedure of

Article 93 (The Relevance with Penal Procedure)

① When a forced removal order or an exit order is issued to a person subjected to a request for a summary order by a public

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forced removal.〈Revised Dec.5, 2002〉

② In the case of paragraph ①, if the Order of forced removal has been issued, the order shall be executed after the execution of a sentence against the foreigner is completed. However, if the chief of the district public prosecutor's office having jurisdiction over the present place of the foreigner permitted, the Order of forced removal may be executed even before the execution of a sentence is terminated.

Article 86 (Surrender of a Person) ① When issuing a non-indictment decision on a suspect in custody against whom the Order of forced removal has already been issued, a prosecutor shall surrender him/her to an immigration officer.

② If the Order of forced removal is issued against a foreigner who was notified to the head(s) of immigration

prosecutor, if there exists an opinion from the chief of a District Public Prosecutor’s Office that his departure from the country does not impede the trial, and if he/she has paid the amount equivalent to the fine, The head of the branch office or sub-branch office or the head of the immigration detention center may execute the forced removal order prior to a summary order from the District Court, and let the person subjected to an exit order leave the Republic of Korea.

② When a forced removal order or an exit order is issued to a person who has not paid a fine or surcharge in full, if there exists an opinion from the chief of a District Public Prosecutor’s Office that he/she is not capable of paying it, the head of the immigration branch office or sub-branch office or the head of the immigration detention center may, even if the fine or surcharge has not been paid in full, execute the deportation order, and let the person subjected to a exit order leave the Republic of Korea.

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branch/sub-branch office or immigration detention center under the provision of Article 84-②, the head of prison, Juvenile Penitentiary, detention house and its branch, social protection house, rehabilitative custody house or juvenile penitentiary shall surrender him/her to an immigration officer simultaneously with his/her release. 〈Revised Aug.4, 2005〉

Article 87 (Immigration Fees) ① A person who obtains permission under this Act shall pay fees pursuant to the Justice Minister's Order.

② When deemed necessary in the light of the international practices or reciprocity principles and other reasons as prescribed by the Justice Minister's Order, the Minister of Justice may exempt fees as referred to in paragraph ①, and in case there is a separate provision on fees in an

Article 71 (Adjudication Fees on Application for the Issuance of Visa, etc.)

① Adjudication fees on the application for the visa issuance (in the case of Article 11, section ①, they refer to fees paid individually) are as follows: <Revised, 1998.4.1, 2002.4.27.>

1. Single visa - The period of stay less than 90 days : the amount equivalent to $30 of the currency of the United States

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agreement, etc, s/he shall comply with the provision. 〈Revised Dec.29, 2001〉

of America (hereinafter referred to as the "U. S. dollar")

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

2. Multiple visa : the amount equivalent to $80

② The adjudication fee shall be equivalent to the amount specified in section ① above when the head of the Korean Mission Overseas issues a foreigner entry permit. <Revised, 2002.4.27.>

③ The head of the Korean Mission Overseas shall set the amount of standard, considering the change of a foreign exchange rate , when he collects fees under sections ① and ② as the currency of the residence country. In this case, if the diplomatic mission of the residence country is two or more, the ambassador sets the amount of standard.

④ The head of the Korean Mission Overseas shall in light of the

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international practice or principle of reciprocity, obtain the approval of the Minister of Justice when he differently determines the fees pursuant to section ① above.

Article 72 (Fees Related to Various Permission, etc.)

① Fees on permission related to the entry and stay of foreigners and the issuance of certification of entry/departure records, etc. shall be one falling under any of the following sub-sections. <Revised, 1998.4.1., 2002.4.27., 2003.9.24. .2006,8.2, .2008.7.3>

1. Entry permission or foreigner entry permit issued by the head of the branch office/sub-branch office : 40,000 won (in the case of the proviso of Article 10, section ④ of the Decree : 80,000 won)

2. Permission for additional activities under the current status of stay: 60,000 won Among the status of

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stay in Table 1 of Enforcement Decree,

10,000 won when it is recognized as in the permission of the time-based employment by the Minister of Justice for the person qualified for 11. Study(D-2) or 13. General Training(D-4), 30,000 won for the person qualified for 27. Residence (F-2)

3. Permission for change or addition of place of employment: 60,000 won

4. Granting of status of stay : 40,000 won [in the case of the status of stay 27. Residence(F-2) or 28-3. Permanent Residence(F-5) in the Attached Table 1 of the Decree : 20,000 won]

5. Permission for change of status of stay : 50,000 won

6. Permission for extension of period of stay : 30,000 won [in the case of the status of stay 27.Residence(F-2) in the Attached table 1, of the Decree : 20,000

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won]7. Single re-entry permit : 30,000 won

8. Multiple re-entry permit : 50,000 won

9. Permission for extension of period of re-entry permit : the amount equivalent to $20

10. Issuance and re-issuance of a certificate of foreigner registration : 10,000 won

11. Certification of entry/departure records (one piece) : 1000 won

12. Certification of a foreigner registration (one piece) : 1000 won

13. Issuance and re-issuance of a refugee travel document : 10,000 won

14. Permission for extension of the validity period of a refugee travel document : the amount equivalent to $5

Article 73 (Method of Payment of Fees)

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The method of payment of fees shall be one falling under any of the following sub-sections. <Revised, 1995.12.1 ; 2004.9.24>

1. In the case of paying to the branch office and its sub-branch office : a revenue stamp equivalent to the relevant amount of fees or electronic money and electronic payment using the information communication network. <Revised, 2004.8.23.>

2. In the case of paying to the Si/Gun/Gu : a certified stamp of revenue equivalent to the relevant amount of fees or electronic money and electronic payment using the information communication network <Revised, 2004.8.23.>

3. In the case of paying to the Korean Mission Overseas : a revenue stamp and cash equivalent to the relevant amount of fees or a voucher proving the payment of cash.<Revised, 2008.7.3.>

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Article 74 (Exemption of Fees)① The term "other reasons prescribed by the Justice Minister's Order" under Article 87, section ② of the Act means the case that falls under any of the following sub-sections. <Revised, 2006.8.2 .2007, 6.1. 2008.7.3.>

1. When an agency or organization designated by the Minister of Justice among agency(agencies) or organizations carrying out the international cooperation business, etc. intends to bear the airline fares and expenses for domestic stay of invited foreigners or it is deemed necessary, in particular, to exempt the fees for the entry permission or visa issuance of invited foreigners for humanitarian grounds.

2. When a foreigner who has been invited for the purpose of bearing the expenses for domestic stay such

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Article 88 (Issuance of Certificate of the Facts)

① The head of office or branch office may issue, as prescribed by the Justice Minister's Order, the Certificate of the Facts on Entry and Departure from Korea to a person who has ever departed from or entered Korea under the procedures of this Act.

② The head of office, branch office or the head of Si, Gun, Gu may issue, as prescribed by the Justice Minister's Order, the Certificate of the Facts on Foreigner Registration to a foreigner who has made Foreigner Registration under the procedures of this Act.

〈Wholly Revised Dec.29, 2001〉

Article 88-2 (Relation Between certificate of foreigner registration, etc. and National ID Card, etc.)

as school expenses by the Korean government or the government- invested research institution, and the government-invested research institution in the field of science/ technology under the Act on the Establishment and Fosterage of Government-Invested Research Institution, etc. or the Act on the Establishment and Fosterage of Government-Invested Research Institution, etc. in the Field of Science/Technology files an application for the permission to change the status of stay and to extend the period of stay, or the re-entry permit in order to engage in the activities falling under the status of stay 10. Culture/Arts(D-1) and 11. international students (D-2), or 13. General Training (D-4) specified in the attached Table1.

3. When a person is subject to the status of stay 1. Diplomacy(A-1)

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① In case a national ID card or a Copy of the Resident Registration․an Abstract of the Resident Registration" is required to be submitted in relation to the procedures or transactions prescribed by laws and regulations, a certificate of foreigner registration or a Certificate of the Facts on Foreigner Registration shall substitute it.

② A "Foreigner Registration" and "the Report of the Change on the Place of Stay" under this Act shall substitute the "Resident Registration and "Moving in Report.". 〈Newly Added Dec.5, 2002〉

through 3. Agreement (A-3), or 17. Foreign Investment(D-8) specified in the attached Table 1.

4. When e-document is available for reading or delivered under Article 72-11 and Article 72-12 evidence

5. When the permission is granted for the change of status of stay or the extension of the period of stay on humanitarian ground and, at the same time, when the need for the exemption of processing fee is recognized by the Minister of Justice[Wholly revised, August 2, 2006]

Article 75 (Issuance of Certificate of Entry and Departure Record)

① The application for the "certificate of entry and departure record" under Article 88, section ① of the Act may be made by an applicant himself, or his legal representative, or an agent authorized by him/her. In this case, such application shall

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be filed by the head of the branch office or sub-branch office. <Revised, 2004.8.23.>

② The principal (applicant himself), or his/her legal representative, or a person who is assigned from him/her shall apply for the head of the branch office/sub-branch office, or the head of the Si/Gun/Autonomous Gu, with respect to the certification of foreigner registration under Article 88, section ② of the Act. (Revised, Aug. 23, 2004) The following person(s) may apply

for the certificate of entry and departure record, or of foreigner's registration, notwithstanding the provisions of sections ① or ② above. <Newly Added, 2004.8.23.>

1. When an applicant may not express his intention due to his/her disappearance, or death, etc: his spouse, or lineal ascendants & descendants

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2. When a foreigner permanently departs from the country: his employer or representative

3. When a person is deemed necessary for the public interests by the Minister of Justice. Matters necessary for the supporting

documents, etc. required of the application under section shall be determined by the Minister of Justice. Newly Added, 2004.8.23.>

Article 76 (Attached Documents in Applying for Visa Issuance)

① The attached documents by Status of Stay shall be the same as those specified in the attached table 5;

1.when a foreigner applies for the issuance of a visa or foreigner's entry permit under Article 7, section ①, and Article 10, section ② of the Decree,

2. when a foreigner falling under Article 8, section ①, subsection ① applies for an entry permission

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under Article 14, 3. when a foreigner applies for the issuance of the CEVI under Article 17, section ②.

② When it pertains to any one of the followings, the document(s) to be attached based upon the status of stay is(are) according to Table 5-2;

1. When applying for the permission for the activities outside the status of stay under Article 25 of Enforcement Decree

2. When applying for the permission for the change of working place or for the additional permission under Article 25 of Enforcement Decree

3. When applying for the grant of status of stay under Article 29 of Enforcement Decree

4. When applying for the change of the status of stay under Article 30

5.When applying for the extension of the period of stay under Article 31 of Enforcement Decree

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Article 89 (Cancellation or Change of Various Permission, etc.)

① When a foreigner falls under any of the following sub-paragraphs, the Minister of Justice may cancel or change the issuance of visa under Article 8, the issuance of "the stay of foreigners" under Article 9, entry Article 94 (Revocation and Change of

6. When applying for the foreigner registration under Article 40 of Enforcement Decree

③ Among the documents to be attached in section 1 and section 2,

when it is possible to confirm the information of the attached document(s) via the joint use of administrative information as stipulated in Article 21-1 of E-Government Act, such a confirmation can be substituted for the submission of the documents. [Wholly revised June 1, 2007]<revised, Dec.12, 2007>

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permission under Article 12-③, conditional entry permission under Article 13, landing permission under Article 14 or permission to stay, etc. under Article 20, 21, 23 through 25:

〈Revised Dec.12, 1996〉1. In case a guarantor withdraws his/her guarantee, or there is no guarantor;

2. In case it is found to have obtained permission, etc. in a deceitful or unlawful manner;

3. In case any conditions of permission are violated;

4. In case a critical reason is occurred that the permission can not be maintained any longer due to change of circumstances; and

5. In case the degree of violation against this Act or other Acts is serious or any ex officio order issued by the immigration officer is violated.

② When deemed necessary

Various Permissions, etc.)① When he has revoked or changed permission to extend a period of stay under Article 89 ① of the Act, the Minister of Justice shall notify the relevant foreigner thereof, and enter the relevant purport in the passport, etc.

② When such permits held by a foreigner are revoked under paragraph ①, as a certificate for confirmation of visa issuance under Article 9 of the Act, a conditional entry permission under Article 13 of the Act, a permission on landing of crew under Article 14 of the Act, and a permission for activities not covered by status of stay under Article 20 of the Act, an immigration officer shall recover the relevant permits.

③ Deleted. < Feb. 26,1999.>

Article 94-2 (Procedure for Stating Opinions)

① The notification under Article 89 ③ of the Act shall be made in writing: provided that this shall not apply to the case where

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concerning cancellation or change of various permission, etc. pursuant to paragraph ①, the Minister of Justice may have the foreigner or the applicant under Article 79 appear to hear his/her opinion.

③ In case of paragraph ②, the Minister of Justice shall notify the reasons for a cancellation or change, the date and time, and the place to attend to the foreigner or the applicant not later than 7 days before the date of attendance.

such a notification is impossible because the whereabout of a relevant foreigner or an applicant is unknown.

② The foreigner or applicant in receipt of a notice under paragraph ① may appear at a given time and place and state his opinion, or submit his opinion in writing (including electronic documents) to the Minister of Justice. In this case, if he has failed to comply with a statement of opinion, or to submit an opinion in writing (including electronic documents) by the given date, he shall be deemed to have no opinion. <Amended by Presidential Executive Order No. 18312, Mar. 17, 2004>

③ When the foreigner or applicant appears and states his opinion under paragraph ②, the related public officials shall prepare a written summary (including electronic documents) thereof, and require the person who has made the statement to verify it and sign and seal on it. <Revised, 2004.3.17.>

[Newly Added, 1999.2.26.]

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Article 90 (Personal Reference)① When deemed necessary in connection with the issuance of a visa, the issuance of "the stay of foreigners", entry permission, Conditional Entry Permit, various permission to stay, internment or handing over of immigration offenders, etc, the Minister of Justice may have the inviter or other related person guarantee for such foreigner (hereinafter referred to as a “guaranteed foreigner”). 〈Revised Dec.12, 1996〉

② The Minister of Justice may have a person agreeing to subscribe to fidelity bond (hereinafter referred to as a “guarantor of fidelity bond”) for

Article 94-3(E-Civil Service Counter)① The Minister of Justice may establish and operate E-Civil Service Counter under Article 34-2 of the E-Government Act <Revised, Dec.31, 2007>

②The necessary details with regard to the establishment and operation of E-Civil Service Counter and the processing procedures for civil service matters are to be decided and announced by the Justice Minister's Order. [Newly added Aug.24, 2006]

Article 95 ① The provisions of Article 17 ② shall apply mutants mustangs to the procedure for depositing a bond under Article 90 ④ of the Act.

② If a personal reference under Article 90 ① of the Act fails to fulfill his/her responsibility to guarantee a foreigner, the bond deposited under Article 90 ④ of the Act shall be used to cover expenses for stay, detention, and departure of the

Article 77 (Personal Reference)① A person who guarantees the personal identity under Article 90 of the Act shall submit a letter of guarantee indicating personal details, period of guarantee, contents of guarantee, etc. of the guarantor and guaranteed foreigner to the head of the branch office/sub-branch office/immigration detention center. <Revised, 1997.7.1.>.

② The guarantor under the provisions of Article 1 shall prove the fact that he/she has an address in Korea and has the ability to guarantee the personal identity. (Revised, Jul. 1, 1997)

③ The guarantor of the agency or organization to which the guaranteed foreigner belongs shall be the head

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a guaranteed foreigner under paragraph ①, bear the whole or part of the expenses needed for the guaranteed foreigner’s stay, internment and departure from Korea. 〈Revised Dec.12, 1996〉

③ Where expenses are incurred from the National Treasury because a personal reference bond fails to pay such expenses imposed by the provision of paragraph ②, the Minister of Justice may exercise a right of indemnity against the guarantor of fidelity bond. 〈Revised Dec.12, 1996〉

④ Where it is deemed that a personal reference bond is likely to fail to pay such expenses as referred to in paragraph ②, or where it seems impossible to achieve the object of guarantee only by the subscription to fidelity bond, the Minister of Justice may have the guarantor of fidelity bond deposit the amount of money not exceeding

guaranteed foreigner under paragraph ② of the same Article.

③ The bond deposited under Article 90 ④ of the Act shall be returned to the personal reference if he fulfills his/her responsibility for fidelity bond or if the objective of fidelity bond is achieved. <Revised, 1997.6.28.>

of the agency or organization, except in special circumstances. In this case, the proof of the ability to guarantee the personal identity under section ② above is not required. <Revised,, 1997.7.1.>

④ When a foreigner becomes a guarantor pursuant to the provisions of section ② above, he/she shall have a certificate of foreigner registration under Article 33 of the Act. In this case, the period of guarantee may not exceed the period of stay of the guarantor. <Revised, 1997.7.1.>

⑤ When a Korean guarantor intends to depart from Korea for the purpose of permanent residence in a foreign country, the guaranteed foreigner shall look for a new guarantor. This shall apply to the case that a foreign guarantor departs from Korea<Revised, 1997.7.1.>

⑥ <Deleted, 2005.7.8.·>⑦ The maximum duration of guarantee shall be four years.

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3 million Won per guaranteed foreigner.

〈Revised Dec.12, 1996〉 ⑤ The qualifications for a guarantor of a fidelity bond, period of guarantee and other matters necessary for the fidelity guarantee shall be determined by the Justice Minister's Order. 〈Revised Dec.12, 1996〉

Article 90-2 (Liability for Expenses Related with the Removal of Unlawfully Employed Foreigners)

① The Minister of Justice may impose all or part of the expenses

⑧ When the Korean or Foreign governmental agency(agencies) become a guarantor or in the case of the person designated by the Minister of Justice, the head of the branch office/sub-branch office/immigration detention center may make him/her omit the submission of a guarantee letter.

⑨ When a person who has submitted a guarantee letter intends to extend the period of stay within the scope of guarantee period, the additional submission of the guarantee letter is not required.

Article 77-2 (Procedures for Exercise of the Right to Reimbursement)

① When the Minister of Justice makes a notification under Article 95-2, section ① of the Decree, he shall affix a Notice of Payment of the Amount of Reimbursement to a Notice of Payment.

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incurred related with the removal of a foreigner from Korea on a person who employed the foreigner having no status of stay eligible for employment (hereinafter referred to as an “unlawful employer”).

② Where expenses are incurred from the National Treasury because an unlawful employer fails to pay such expenses imposed under paragraph ①, the Minister of Justice may exercise a right of indemnity against the unlawful employer. 〈Newly Added Dec.12, 1996〉

Article 91 (Dispatch of Documents, etc.)

① Except as otherwise specially provided in this Act, documents, etc. shall be delivered personally or sent by mail to the person concerned, his/her family, guarantor, or the head of the organization to which he belongs.

② If it is deemed impossible to send

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

① When he intends to exercise the right to demand an indemnity under Article 90 ③ or 90-2 ② of the Act, the Minister of Justice shall, specify the ground, etc. for computing the demand amount for indemnity, and give a written notification to the personal reference or the illegal employer to pay such demand amount for indemnity.

② The personal reference or the illegal employer in receipt of the notification to pay the indemnity amount under paragraph ① shall pay the indemnity amount within 15 days from the date of receiving the relevant notification.<Newly Added, 1997.6.28]

② The public officials in charge of the exercise of the right to reimbursement shall record the matters regarding the exercise and collection of the right to reimbursement, in the register of cases on the exercise of the right to reimbursement <Newly added, 1997.7.1>

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documents, etc. pursuant to the provision of paragraph ①, the head of office, branch office or immigration detention center shall keep the documents, etc, and provide public notice by posting the reason for non-delivery on the bulletin board in the office building.

③ The service by public notice as referred to in paragraph ② shall take effect in 14 days' lapse of time after such notice is posted.

Article 92 (delegation of right)① The Minister of Justice may delegate part of his/her authority vested under this Act to the head of office, branch office or immigration detention center under the conditions as prescribed by the Presidential Executive Order.

② A mayor (not applicable to the mayor of a special city(cities) or a metropolitan city(cities) may delegate part of his/her authority

Article 96 (delegation of right)① Under Article 92 ① of the Act, the Minister of Justice shall delegate his authorities under Articles 9, 20, 21, 23

Article 78 (delegation of right)① The Minister of Justice delegates his authority to issue the CEVI to the head of the office or the sub-branch office, regarding the persons falling under any of the following sub-sections among the authorities under Article 9 of the Act, in accordance with the provisions of Article 96, section ① of the Decree. <Revised, 1995.12.1, 1997.7.1, 1998.4.1, 2002.4.18.>

1. A person who falls under Article 17, section ①, subsection ① to ③ and who corresponds to such a

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vested under this Act to the head of the Gu (limited only to the Gu which is not autonomous) under the conditions as prescribed by the Presidential Executive Order.〈Revised Mar.24, 2005〉

through 25, 30 ①, 89, 90 and 90-2 of the Act to the head of the branch office or sub-branch office or the head of the immigration detention center, under the conditions as prescribed by the Justice Minister's Order. <Revised, 1994.6.30, 1997.6.28.>

② The head of Si (excluding the Special Metropolitan City Mayor and Metropolitan City Mayors) shall, under Article 92 ② of the Act, delegate his authorities under Articles 34 ① and ②, 36 and 88 ② of the Act to the head of (excluding the head of an autonomous Gu). <Newly Added, 2003.9.1. Revised, 2004.8.17.>

status of stay as 6. Temporary News Reporter(C-1) through 9. Short-Term Employment(C-4), 26. Visiting & Cohabitation(F-1) status with a period of stay not more than 90 days, or 12. Industrial Trainees(D-3) status with a period of stay not more than 2 years specified in the attached Table 1 of the Decree.

2. A person who falls under Article 17, section ①, subsection ② and who corresponds to such a status of stay as 10. Culture/Arts(D-1) through 25. Specific Activities(E-7)․25-3. unskilled Employment (E-9)․ 25-4. Labor Abroad(E-10)․26. Visiting & Cohabitation(F-1)․27. Residence(F-2)․28.Dependant Families(F-3)․ 28-2. Overseas Koreans(F-4) or 29. Others(G-1) status in the attached Table 1 of the Decree, within the maximum period of stay for each status of stay allowed for one time. <Revised, Sep. 24, 2003 ; Aug. 23,

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2004>② The scope that the Minister of Justice delegates his authority under Articles 20, 21, 23 through 25 of the Act, in accordance with Article 96, section ① of the Decree to the head of the office or the sub-branch office shall be the same one as prescribed in the attached Table 6. <Revised, Jul. 1, 1997>

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

④ The head of the branch

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Article 93 (Procedure for Travel between South and North Koreas)

① If a national who resides in the area south of the Military Demarcation Line (hereinafter

office/sub-branch office shall, when he intends to grant permission under Articles 9, 20, 21, 23 through 25 and 30, section ① of the Act, with respect to a person prohibited from entry, a person restricted from visa issuance under Article 10, subsection ③ and others designated by the Minister of Justice, obtain the approval of the Minister of Justice notwithstanding the provisions of section ① through ③. <Revised, 1994.7.20; 1997.7.1.>

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referred to as “South Korea”) or in a foreign country, enters or departs from Korea through the area north of the Military Demarcation Line (hereinafter referred to as “North Korea”), he/she shall undergo an immigration inspection before he/she goes to North Korea from South Korea, or after he/she comes to South Korea from North Korea.

② With respect to the procedure for travel of any foreigner between South Korea and North Korea, the provisions of this Act concerning the procedure for immigration shall be applicable mutants mustangs, except for the case as separately prescribed by the Minister of Justice.〈Revised Dec.29, 2001〉

③ In case a foreigner enters or departs from South Korea through North Korea, the provisions of this Act concerning the procedure for immigration shall be applied.

④ Matters necessary for the

Article 97 (Procedure for Entry or Departure Inspection on Travel between South and North Koreas)

① The provisions of Article 1 shall apply mutants mustangs to the entry or departure inspection of nationals under Article 93 ① of the Act. In this case, an immigration officer shall confirm the matters concerning Article 22 ① 1, 4 and 5 of the Enforcement Decree of the Inter-Korea Exchange and Cooperation Act.<Revised.2005.7.5>

② The provisions of Articles 15 and 35 shall apply mutants mustangs to the inspection of a foreigner under Article 93 ② and ③ of the Act.

③ Upon performing an entry or departure inspection under paragraphs ① and ②, the Minister of Justice shall consult with the head of the related agency, such as the Minister of Unification, etc., if he/she deems that it is likely to be detrimental

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enforcement of paragraphs ① through ③ shall be determined by the Presidential Executive Order.

to the security or public order of the Republic of Korea, or likely to bring serious impacts to the relations between South and North Koreas. <Revised, 2002.4.18.>

Article 98 (Immigration Ports)① Immigration ports shall under sub-paragraph 5 of Article 2 of the Act, be designated as follows: <Revised, 1994.12.23, 1997.6.28. 2002.4.18.>

1. International airports designated by the Minister of Construction and Transportation under subparagraph 5 of Article 2 of the Aviation Act;

2. Places of entry or departure under Article 2 ① 1 and 4 of the Enforcement Decree of the Inter-Korea Exchange and Cooperation Act;

3. Open ports under Article 2 of the Enforcement Decree of the Public Order in Open Ports Act; and

4. Osan Military Airfield, Daegu Military Airfield, Gwangju Military Air- field, Gunsan Military Airfield, and Seoul

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Airport.② The City Air Terminal shall be deemed as part of the facilities of an immigration port under subparagraph 6 of Article 2 of the Aviation Act.<Revised, 2005.7.5.>

Article 99 (Keeping Provisional Money Deposits in Custody)

The procedure for keeping in custody or returning the provisional money deposits, personal possessions, and articles presented pursuant to the Act and this Decree shall be prescribed by the Justice Minister's Order, except as provided by the Act or this Decree.

Article 79 (Procedures for Entry and Departure of Dual Nationality Holder)

① The procedures for the entry & departure and stay of a dual nationality holder with both Korean and Foreign nationality shall be determined by the Minister of Justice.

② A person who retains two nationalities or more shall be regarded as a national of a country which issued the passport that he or she uses.

③ A person whose nationality is unknown shall be regarded as a national of a country which issued the passport that he or she uses

④ The record, in respect of a person who has made a registration as a dual nationality holder under Article ①, shall be prepared and kept by the head of the branch office or sub-branch office. This provision shall apply to the case that a person

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who lost a Korean nationality has not made a report on the loss of his or her nationality.

Article 80 (Standards and Procedures for Record Management)

The standards and procedures for management of various types of record on the entry & departure and stay shall be determined by the Minister of Justice.

Article 81 (Various Types of Report)① The following measures taken by the head of the office shall be reported to the Minister of Justice without delay:

1. the forced removal order, exit order, or departure recommendation

2. the detention of a foreigner, extension of detention period, change of detention place, or cancelation of temporary release from detention

3. disposition of negligence fine, disposition of notification, or

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accusation② The report under Article ① may be made through the electronic data processing procedures if the Minister of Justice permits(allows).

Article 82 (Report of Statistics)① The following statistics prepared every month (every six months under subsection①) by the head of the office shall be reported to the Minister until at least the 10th of the following month.

1. Bi-annual report on the visa issuance (by nationality/status of stay)

2. Monthly report on the number of departure of Koreans/Foreigners (by port of departure)

3. Monthly report on the number of entry of Koreans/Foreigners (by port of entry)

4. Deleted <2006.8.2.>5. Deleted <2006.8.2.>6. Deleted <2006.8.2.>

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7. Deleted <1994.7.20.>8. Monthly report on the number of entry of foreigners (by nationality/ status of stay)

9. Monthly report on the number of entry of foreigners (by nationality/age)

10. Deleted <1994.7.20.>11. Deleted <1994.7.20>12. Monthly report on the number of departure of foreigners (by nationality/period of stay)

13. Monthly report on the number of landing permittees (by nationality)

14. Monthly report on the number of arriving/departing ships and seamen (by nationality)

15. Monthly report on the number of arriving/departing ships and seamen(by port)

16. Monthly report on the number of arriving/departing aircraft and crew members (by nationality)

17. Monthly report on the number of foreigners staying in Korea

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(by nationality/status of stay)18. Monthly report on the number of registered foreigners (by nationality /place of stay)

19. Monthly report on the measures of the immigration Act violators (by nationality/measures)

20. Monthly report on the number of dual nationality holders

21. Deleted <1999.2.27.>22. Monthly report on the number of issuance of the CEVI (by nationality/status of stay)

② The provisions of Article 81, section ② shall apply to the case of the provisions of section ① above.

Article 83 (Immigration Forms)① Various types of immigration forms used in the Act, Decree, and these Rules shall be the same as those in the Appendix.

② The head of the branch office/sub-branch office/immigration detention center may prepare and

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Article 100 (Establishment of Due Forms)

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

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

Article 84 (Details, Particulars) The Details other than those specified by these Rules shall be determined by the Minister of Justice.

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Article 101 Deleted. <2002.4.18.>

Immigration Control law Enforcement Decree Enforcement RegulationCHAPTER 10. PENAL PROVISIONS

Article 93-2 (Penal Provisions)① Any person who falls under any of the following sub-paragraphs shall be punished by the penal servitude or imprisonment not exceeding 7 years:

1. As a person who has been detained or temporarily detained under this Act, he/she has damaged the facilities or apparatus of detention centers, or inflicted violence or intimidation on persons for the purpose of escape, or escaped jointly with two or more persons;

2. As a person being under escorted

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for detention or compulsory removal under this Act, he/she has inflicted violence or intimidation on persons, or has escaped jointly with two or more persons; and

3. A person who has been captured or helped to escape those persons detained or temporarily detained or being under escorted for detention or compulsory removal under this Act.

② Any person who falls under any of the following sub-paragraphs, and who has the purpose of profit-making shall be punished by the penal servitude or imprisonment not exceeding 7 years, or by a fine not exceeding 50 million Won:

1. A person who has made foreigners who are to undergo entry inspection under the provisions of Article 12-① or ② enter the country illegally as a group, or mediated for it;

2. A person who has provided or arranged vessels, etc. for the

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purpose of getting a group of foreigners to enter or depart from the country illegally, or to enter other counties via Korea in violation of the provision of Article 12-2-①;

3. A person who has provided or arranged any transportation means for the purpose of helping a group of foreigners who had illegally entered the country harbor or escape in Korea in violation of the provision of Article 12-2-②.〈Wholly Amended Mar.24, 2005〉

Article 93-3 (Penal Provisions) Any person falling under any of the following sub-paragraphs shall be punished by penal servitude or imprisonment not exceeding 5 years, or by a fine not exceeding 30 million Won: 〈Revised. March 24, 2005〉

1. A person who has entered Korea without undergoing entry inspection in violation of the provisions of Article 12-① or ②; and

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2. A person who has committed the offense specified in each subparagraph of Article 93-2-② (except a person who has committed such offence for profit-making).<Newly Added Dec.5, 2002〉

Article 94 (Penal Provisions)Any person who falls under any of the following sub-paragraphs shall be punished by penal servitude or imprisonment not exceeding 3 years, or by a fine not exceeding 20 million Won:〈Revised Dec.10, 1993, Dec.12, 1996, Dec.13, 1997, Dec.29,2001, Dec.5, 2002, Mar.24, 2005〉

1. A person who has departed from Korea without undergoing the departure inspection in violation of the provision of Article 3-①;

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

2-2. A person who violated the

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

2-3. A person who violated the provision of Article 7-2;

3. A person who landed without obtaining permission under the provision of Article 14-①;

4. A person who violated the conditions under the provision of Article 14-③;

5. A person who violated the provisions of Articles 17-①, 18-① and ⑤, and Article 20;

5-2. A person who violated the provision of Article 18-③;

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

6-2. A person who mediated as a business the employment of foreigners who fail to obtain permission to change or add a work

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

7. A person who violated the restriction, etc. under the provision of Article 22;

8. A person who violated the provisions of Article 23, 24 or 25;

9. A person who departed from Korea in violation of the provisions of Article 28-① or ②;

9-2. A person who violated the provision of Article 33-2; and

10. A person who violated the provisions of Article 69 or 70.

Article 95 (Penal Provisions) Any person who falls under any of the following sub-paragraphs shall be punished by penal servitude or imprisonment for not more than 1 year, or by a fine not exceeding 10 million Won: <Revised Dec.10, 1993, Mar.24, 2005〉

1. A person who entered Korea without undergoing entry inspection

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in violation of the provision of Article 6-①;

2. A person who violated the conditions under the provision of Article 13-②;

3. A person who landed without obtaining permission under the provisions of Article 15-①, 16-① or 16-2-①;

4. A person who violated the conditions under the provisions of Article 15-②, 16-② or 16-2-②;

5. A person who violated the provisions of Article 18-② or 21-①;

6. Deleted <Dec.12, 1996>6-2. A person who employed any foreigner who fails to obtain permission on the change or addition of work place in violation of the provision of Article 21-②;

7. A person who violated the provision of Article 31;

8. A person who had been detained or temporarily detained under the

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provisions of Article 51-① or ③, Article 56, or Article 63-①, and has fled or has fled in the process of escort for detention or forced removal, etc. (excluding the persons falling under Article 93-2-①-1 or 2);

9. A person who violated the conditions under the provision of Article 63-②; and

10. A person who obtained the recognition of refugee under the provision of Article 76-2-① by a false or other unlawful ways.

Article 96 (Penal Provisions) Any person who falls under any of the following sub-paragraphs shall be punished by a fine not exceeding 10 million Won:

1. A person who violated the order or restrictions under the provision of Article 71 -④;

2. A person who violated the provisions of the latter part of other

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portions than each subparagraph of Article 73-① and ② without any lawful ground; and

3. A person who failed to submit the written report under the provision of Article 75-① and ② without any lawful ground or submitted it falsely.〈Newly Added Mar.24, 2005〉

Article 97 (Penal Provisions) Any person who falls under any of the following sub-paragraphs shall be punished by a fine not exceeding 5 million Won:

1. A person who arranged or persuaded the employment of foreigners who do not have the status of stay eligible for employment activities in violation of Article 18-④ (excluding the persons performing it as a business);

2. A person who arranged the employment of foreigners who do not obtain permission for change or addition of the working place

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(excluding the persons performing it as a business);

3. A person who violated the provision of Article 72;

4. A person who violated the provisions of Article 74, Article 75-④ and ⑤, or Article 76; and

5. A person who violated the provision of Article 76-6-① or an order issued under paragraph ② of the same Article.〈Wholly Revised Mar.24, 2005〉

Article 98 (Penal Provisions) Any person who falls under any of the following sub-paragraphs shall be punished by a fine not exceeding 1 million Won: 〈Revised Dec.10, 1993〉

1. Deleted 〈Mar.24, 2005〉1-2. Deleted 〈Mar.24, 2005〉2. A person who violated the provision of Article 27; and

3. A person who violates the provision of Article 36-①.

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4. Deleted 〈Dec.10, 1993〉5. Deleted 〈Dec.10, 1993〉

Article 99 (Person Guilty of Attempt, etc.)

① A person who makes inchoate preparations or conspires to commit a crime falling under Articles 93-2, Article 93-3, Article 94-1, -2, -2-2, and -9 and Article 95-1, or a person who is guilty of an attempt to commit such a crime shall be punished as if he committed the respective principal crimes. <Revised Dec.13, 1997, Dec.5, 2002〉

② A person who aids or abets acts falling under the provision of paragraph ① shall be punished as if s/he were a principal.〈Wholly Revised Dec.12, 1996〉

Article 99-2 (Exemption of Refugee from Punishment)

In cases where a person who falls under any of subparagraph 1 of

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Article 93-3 and sub-paragraphs 2, 3, 4 and 8 of Article 94, or sub-paragraphs 3 and 4 of Article 95, reports directly to the head of office or branch office, immediately after committing the violation of the articles, the fact that he is a refugee who has entered or landed in person in Korea from a territory where he feared that his/her life, body or physical freedom might have been infringed for the reason as prescribed in Article 1A② of the Refugee Convention, and he has committed the offense due to such fear, and if the fact is established, he shall be exempted from the punishment.〈Revised Dec.5, 2002〉

〈Newly Added Dec.10, 1993〉

Article 99-3 (Joint Penal Provision) If a representative of a legal person, or an agent or an employer or any other employees of the legal person or an individual has committed the

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violating acts falling under any of the following sub-paragraphs in connection with the affairs of the legal person or the individual, not only shall such an offender be punished accordingly, but the legal person or the individual shall be punished by a fine as prescribed in each of the respective Articles:

1. Act violated under the provision of Article 94-2-3;

2. Act violated under the provision of subparagraph 1 of Article 33-2 from among the acts violated under the provisions of sub-paragraph 5-2 and subparagraph 10 of Article 94 or the acts violated under the provisions of subparagraph 9-2 of the same Article;

3. Act violated under the provision of subparagraph 6-2 of Article 95;

4. Act violated under the provisions of sub-paragraphs 1 through 3 of Article 96; and

5. Act violated under the provision of

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subparagraph 4 of Article 97.〈Newly Added Mar.24, 2005〉

Article 100 (Fine for Negligence)① Any person who falls under any of the following sub-paragraphs shall be punished by a fine for negligence not exceeding 2 million Won.〈Revised Mar.24, 2005〉

1. A person who violated the provision of Article 19;

2. A person who violated the provisions falling under any of sub-paragraphs of Article 19-4-① or ②; and

3. A person who has failed to report under the provisions of Article 75-① or ② due to negligence.

② Any person who falls under any of the following sub-paragraphs shall be punished by a fine for negligence not exceeding 1 million Won:

CHAPTER Ⅸ FINE FOR NEGLIGENCE

Article 102(Collection of Negligence Fine, etc.)

① Under Article 100-4, negligence fine shall be collected according to table 2. The head(s) of branch office or sub-branch office have(has) the authority to reduce or increase the fine up to 50% of the original amount in consideration of the details of negligence and the period of violation.

Article 85 (Procedures for Collection of Negligence Fine)

① If the head of the branch office or sub-branch office intends to impose a negligence fine, he/she shall make a notice of disposition of negligence fine, affixing a notice of disposition of negligence fine to a notice of payment, and enter the relevant fact in the register of imposition and

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1. A person who violated the provisions of Article 35 or 37;

2. A person who violated the provision of Article 79; and

3. A person who refused or evaded a demand by an immigration officer to present books or materials under the provision of Article 81-②.

③ Any person who falls under any of the following sub-paragraphs shall be punished by a fine for negligence not exceeding 500,000 Won:

1. A person who violated the provision of Article 33-②; and

2. A person who entered or reported any false fact in various applications or reports under the provisions of this Act.

④ The fine for negligence as referred to in paragraphs ① through ③ shall be imposed and collected by the head of office or branch office under the conditions as prescribed by the Presidential Executive Order.〈Revised Dec.10, 1993, Dec.12,

② When increasing the negligence fine as stipulated in the above section, the maximum amount of negligence fine cannot exceed the amount stipulated in Article 100-1 to 100-3.

③ The detailed procedures for collecting negligence fine is to be decided by the Decree of Ministry of Justice. [wholly Revised, 2008.7.3.]

receipt of negligence fine. <Revised, 1997.7.1.>

② If the said person intends to file an appeal to the head of the branch office or sub-branch office against the imposition of negligence fine, he/she shall submit an appeal application form for the imposition of negligence fine, along with the supporting documents. <Revised, 1994.7.20, 1997.7.1.>

③ The Enforcement Rules of the National Funds Management Act shall apply to the collection procedures for negligence fine, except for one prescribed in these rules. <Revised, 2005.7.8.>

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1996〉 ⑤ A person who is dissatisfied with the disposition of fine for negligence as referred to in paragraph ④ may make an objection against the head of office or branch office within 30 days after he is informed of such disposition. 〈Revised Dec.10, 1993, Dec.12, 1996〉

⑥ If a person who is subject to a disposition of fine for negligence under paragraph ④ has made an objection under paragraph ⑤, the head of office or branch office shall notify it without delay to the competent court, which shall, upon receiving the notification, bring the case of fine for negligence to a trial under the Non-Contentious Case Litigation Procedure Act. Revised Dec.10, 1993, Dec.12, 1996〉

⑦ If no objection is made within the period as referred to in paragraph ⑤ and no fine for negligence is paid, it shall be collected in accordance with

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the example of disposition of national taxes in arrears.<Revised Dec.10, 1993〉

Immigration Control law Enforcement Decree Enforcement RegulationADDENDA

Article 1 (Enforcement Date)

ADDENDA

Article 1 (Enforcement Date)

ADDENDA <#367, April 1, 1993>

Article1(Enforcement Date )

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This Act shall enter into force starting from April 1, 1993.

Article 2 (Transitional Measures concerning the Certificate of Eligibility for Visa Issuance, etc.)

① The Certificate of Eligibility for Visa Issuance issued at the time of the enforcement of this Act shall be considered as that issued under this Act.

② A person who has reported a change of work place under the previous provision of Article 29 at the time this Act enters into force shall be considered to have obtained permission to change and add a working place under this Act.

Article 3 (Transitional Measures concerning Foreigner Registration)

① Any foreigner registration made with the head of the Si/Gu/Eup/Myeon pursuant to the previous provisions at the time this

This Decree shall enter into force starting from April 1, 1993.

Article 2 (Abolition of Statutes)The rules for designating immigration ports shall be repealed.

Article 3 (Transitional Measures regarding Status of Stay, etc.)① A status of stay specified in a visa, a certificate of eligibility for visa issuance, or a written notice of permission for foreigner’s entry issued under the previous provisions at the time of enforcement of this Decree shall be deemed the status of stay under this Decree not later than the time when it is revised, but the status of stay under the previous provisions shall be revised by the head of the branch office or sub-branch office when various permissions relating to the stay are granted or a residence report certificate is replaced by a certificate of foreigner registration for the first time after this

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

Article 2(Transitional Measures regarding the format)

Despite the revision of this provision, the Entry/Departure card forms printed according to the former provision can still be used up until December 31, 1993.

Article 3(Transitional Measures regarding Penalty)

The sentencing guideline of penalty for any behaviors committed before the legislation of this provision is to be applied in the same way as before.

Article 4(Amendment of Other Laws and Regulations)

①Amends the followings among the Enforcement Rule on the Regulation for Property Registration Number for

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Act enters into force shall be considered as made under this Act.

② Any Residence Report Card issued pursuant to the previous provisions at the time this Act enters into force shall be considered as a certificate of foreigner registration issued under this Act until the card is returned or renewed, but the Residence Report Card issued pursuant to the previous provisions shall be renewed when various permission or reports related to the stay are granted or made for the first time after this Act enters into force.

③ Any Foreigner Registration File prepared pursuant to the previous provisions at the time this Act enters into force shall be considered as a Foreigner Registration File as prescribed by this Act.

Article 4 (Transitional Measures concerning Foreigner Detention, etc.)

Decree enters into force.② The period of stay permitted under the previous provisions at the time of enforcement of this Decree shall be deemed the period permitted under this Decree.

Article 4 (Transitional Measures regarding Validity of Notice of Departure Order) The written notice of exit order issued under the previous provisions at the time of enforcement of this Decree shall be valid until the departure period expires.

Article 5 (Transitional Measures regarding Assigning Foreigner Reg-istration Numbers, etc.)① A registration number of a foreigner who has made a residence report under the previous provisions before the enforcement of this Decree shall be assigned by the head of the branch office or sub-branch office having jurisdiction over the place of stay when the residence

the Association, Foundation, and Foreigners.

“Record Number of Residing Foreigners" is to be changed into “Record Number of Registered Foreigners" in Article 9-1,

“The Registered Foreigner Roster under Article 74 of the Enforcement Regulation and Table 41" is to be changed into "Registered Foreigner Roster under the Table 68 and Article 83 of the Enforcement Regulation”

"The foreigner without residence" under section 2 of the same article is to be changed into "the foreigner without foreigner registration"; "the record number of residential foreigner" is to be changed to into "the record number of registered foreigner"

"The Registered Number of Foreigners with residence in Korea"in Article 10 is to be changed into "the registered number of

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① Any foreigner detention place and camp installed pursuant to the previous provisions at the time this Act enters into force shall be considered as a foreigner detention room and foreigner detention center as prescribed by this Act.

② Any internment as prescribed by the previous provisions at the time this Act enters into force shall be considered as an detention as prescribed by this Act.

③ Any internment order, a recommendation for departure and revocation of temporary release from internment made pursuant to the previous provisions at the time this Act enters into force shall be considered as a detention order, exit order and revocation of temporary release from detention.

Article 5 (Transitional Measures concerning Penal Provisions)

In applying the penal provisions to

report certificate is replaced by a certificate of foreigner registration, notwithstanding the provisions of Article 40 ②.② The record of a resident foreigner prepared under the previous provisions at the time of enforcement of this Decree shall be deemed a registered foreigner record under this Decree.③ The certificate of foreigner registration prepared and kept on file by the head of a Si/Gu/Eup/Myeon under the previous provisions at the time of enforcement of this Decree shall, if a residence report certificate is renewed to a certificate of foreigner registration, be replaced when it is newly prepared by the head of the branch office or sub-branch office and forward it to the head of a Si/Gun/Gu.

Article 6 (Transitional Measures regarding Written Request for Internment) A written request for confinement, notice of confinement, notice of extending the confinement period, written request for

foreigner with foreigner registration"; "residence report" is to be changed into "foreigner registration" in the same article.

“The registration number of foreigners without residence in Korea" in Article 11 is to be changed into "the registration number

"Those without residence in Korea"in Table 6 is to be changed into "those without foreigner registration"; "residence in Korea" in Article 7 is to be changed into "place of stay in Korea."

②When in any legal decree other than section 1, the enforcement regulation or its provision is cited, if there is any relevant provision among the regulation, new provision is to prevail replacing the old one.

ADDENDA <#386, July 20, 1994>

Article 1(Enforcement Date) This

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any act committed before this Act enters into force, the previous provisions shall prevail, but if the penal provisions as prescribed by this Act are lighter than those as prescribed by the former Act, the provisions of this Act shall be applied.

Article 6 (Revision of Other Acts)① through ③ Omitted.④ In case where the provisions of the Immigration Control Act are cited in other Acts other than paragraphs ① through ③, if this Act includes the provisions corresponding to the cited provisions, the corresponding provisions of this Act shall be considered to have been cited in lieu of the previous provisions.

ADDENDA

① (Enforcement Date) This Act shall

cancelling the confinement, notice of cancelling the confinement, written request for temporary cancellation of confinement, and written notice of decision on temporary cancellation of confinement, that have been issued under the previous provisions at the time of enforcement of this Decree shall be deemed the written request for detention, notice of detention, notice of extending the detention period, written request for cancelling the detention, notice of cancelling the detention, written request for cancellation of temporary detention, and written notice of decision on cancellation of temporary detention, respectively, under this Decree.

Article 7 (Revision of Other Acts and Subordinate Statutes)① through ⑤ Omitted.⑥ Where the Enforcement Decree of the Immigration Control Act or its provisions are cited in other Acts than paragraphs ① through ⑤, and where there are

regulation shall enter into force starting from the day of public announcement.

Article 2 (Transitional Measures on the Effect of the Certificate of Visa Issuance, etc.)

① The Certificate of Visa Issuance, issued by the previously before the

Regulation came into effect, shall be valued until expiry.

② The record of crew departure/entry under the former regulation(s) is to be continuously valid until the record of crew registration under this regulation.

ADDENDA (Regulation on How to Process the

Prohibition of Departure <#408, July 10, 1995>

① (Enforcement Date) This Regulation shall enter into force starting from the date of public

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enter into force on July 1, 1994.② (Transitional Measures) In applying the penal provisions to any act committed before this Act enters into force, the previous provisions shall apply.

③ Omitted.

ADDENDA

Article 1 (Enforcement Date) This Act shall enter into force on January 1, 1995.

Articles 2 through 4 Omitted.

ADDENDA

① (Enforcement Date) This Act shall enter into force on July 1, 1997.

② (Examples of Application as to Landing Permits Issued to Crew) The amended provisions of Article 14 ④ shall apply to landing permits

corresponding provisions in this Decree, the corresponding provisions in this Decree shall be deemed to have been cited in lieu of the previous provisions.

ADDENDA<Presidential Executive Order No.

14301, Jun. 30, 1994>

① (Enforcement Date) This Decree shall enter into force on July 1, 1994.② (Transitional Measures regarding status of stay) A person who has obtained an eligibility to no visa entry (B-2) under the previous pro- visions at the time of enforcement of this Decree shall be deemed to have been permitted an eligibility to sightseeing or transit entry (B-2) under this Decree.

ADDENDA<Presidential Executive Order No.

14447, Dec. 23, 1994>

announcement.② (Revision of Other Laws and Regulations)

The following(s) is(are) to be revised out of the Enforcement Regulation of Immigration Control Act.

Form 8 or Form 12 and Form 51 or Form 54 are to be respectively deleted.

ADDENDA <#417, December 1,1995>

Article 1(Enforcement Date) This Decree shall enter into force starting from the day of public announcement.

Article 2(Transitional Measures on form, etc.)

①The entry/departure form made under the former regulations shall be valid up until December 31, 1995 despite the legislation of the new regulation.

② The certificate of foreigner

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which are issued to a member of the crew for the first time after this Act enters into force.

③ (Transitional Measures as to Permission on Extension of period of stay) At the time this Act enters into force, a person whose period of stay was extended in accordance with the previous provisions of this Act shall be deemed to have been given an extended period of stay under the amended provisions of Article 25.

ADDENDA

This Act shall enter into force three months after the date of its promulgation.

ADDENDA

This Act shall enter into force on March 1, 1999.

Article 1 (Enforcement Date) This Decree shall enter into force on the date of its promulgation. (Omitted.)Articles 2 through 5 Omitted.

ADDENDA <Presidential Executive Order No.

14486, Dec. 31, 1994>

This Decree shall enter into force on January 1, 1995.

ADDENDA <Presidential Executive Order No.

14817, Dec. 1, 1995>

① (Enforcement Date) This Decree shall enter into force on the date of its promulgation.② (Transitional Measures regarding status of stay) The status of specific employment (E-7) obtained under the

registration made under the former regulation shall be regarded as valid up until its submission or renewal.

Article 3 (Transitional Measures on penalty) For the acts under the former reuglation, the application of the sentencing guideline on the penalty shall be according to the former regulations.

ADDENDA <#448, July1, 1997>

① (Enforcement Date) This regulation shall enter into force starting from the day of public announcement.

②(Transitional Measures on the Certificate of foreigner Registration)

The certificate of foreigner registration issued under former regulations is regarded as valid under the current regulation up until its submission or renewal.

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ADDENDA

This Act shall enter into force three months after the date of its promulgation.

ADDENDA

This Act shall enter into force three months after the date of its promulgation.

ADDENDA

This Act shall enter into force on the date of its promulgation.

ADDENDA

① (Enforcement Date) This Act shall enter into force six months after the

previous provisions at the time of enforcement of this Decree shall be deemed the status of specific activity (E-7) under this Decree, until the status of stay eligibility is revised.

ADDENDA <Presidential Executive Order No.

15417, Jun. 28, 1997>

① (Enforcement Date) This Decree shall enter into force on July 1, 1997.② (Transitional Measures regarding status of stay) The status of stay for business purpose (D-7) granted under the previous provisions at the time of enforcement of this Decree shall be deemed the status of stay under this Decree.

ADDENDA <Presidential Executive Order No.

15764, Apr. 1, 1998>

③(Transitional Measures on forms) The entry/departure-related forms made under former regulations can be continuously used up until December 31, 1997 despite the revision of regulation.

ADDENDA <#456, April 1,1998>

This Regulation shall enter into force starting from the day of public announcement.

ADDENDA <#471, Feb.27, 1999>

①(Enforcement Date) This Regulation shall enter into force starting from March 1st, 1999.

②(Transitional Measures n Form) The entry/departure-related form made under former regulations can be continuously used up until December 31, 1999 despite the revision of this Regulation.

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date of its promulgation; Provided, That the amended provisions concerning the seaman's identification papers and the exclusion of passport function of the seaman's pocketbook from among subparagraph 4 of Article 2, Articles 3, 5, 6, 7 ①, 12 ③ 1, 12-2 ①, 12-3, 14, 27 ①, 28 ①, 73 ① 2 and 75 ④ shall enter into force on June 1, 2005.

② (Transitional Measures on Seaman's Identification Papers) Notwithstanding the amended provisions concerning seaman's identification papers and the amended provisions of the exclusion of passport function of the seaman's pocketbook, the previous provisions shall govern the native seamen already departed from the country and the foreign seamen entered the country at the time of enforcement of this Act.

① (Enforcement Date) This Decree shall enter into force on the date of its promulgation.② (Application Example to Permission for Change of status of stay) The amendment to Article 24-5 ① shall apply to industrial trainees entering the country after the entry into force of this Decree.③ (Transitional Measures regarding Permission on Extension of period of stay) Permission on extension of period of stay to those who entered the country as industrial trainees before the entry into force of this Decree shall be governed by the previous provisions.

ADDENDA<Presidential Executive Order No.

16120, Feb. 26, 1999>

This Decree shall enter into force on March 1, 1999.

ADDENDA <#489, December 2, 1999>

This Regulation shall come into force starting from December 3, 1999.

ADDENDA <#517, April 27, 2002>

① (Enforcement Date) This Regulation shall come into force starting from the day of public announcement.

② (Transitional Measures on the Change of the Status of Stay)

Those who were not granted the change of status into the permanent residence(F-5), although they belong to the residence(F-2) among the statuses of stays according to the former regulation, are, up until they were granted of permanent residence(F-2), subject to the former regulation with regard to the

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ADDENDA

Article 1 (Enforcement Date) This Act shall enter into force on July 1, 1994.

Article 2 (Transitional Measures) In applying the penal provisions to any act committed before this Act enters into force, the previous provisions shall apply.

③ Omitted.

ADDENDA

Article 1 (Enforcement Date)This Act shall enter into force on January 1, 1995.

Articles 2 through 4 Omitted.

ADDENDA

① (Enforcement Date) This Act shall

ADDENDA<Presidential Executive Order No.

16211, Mar. 31, 1999>

Article 1 (Enforcement Date) This Decree shall enter into force on the date of its promulgation.Articles 2 through 4 Omitted.

ADDENDA <Presidential Executive Order No.

16603, Nov. 27, 1999>

This Decree shall enter into force on December 3, 1999.

ADDENDA<Presidential Executive Order No.

17305, Jul. 16, 2001>

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

maximum period of each status of stay, study, and employment-purpose for single re-entry permit.

ADDENDA <538, Sep.24, 2003>

①(Enforcement Date) This Regulation shall come into force starting from the day of public announcement.

②(Application) The revised rule in Table 5 is to be applied to the first applicant for visa after the revision of this Regulation.

③(Transitional Measures on Penalty) For any acts committed before this Regulation come into force, the sentencing guideline for penalty shall be applied according to the older Regulation.

ADDENDA <#543, December 2, 2003>

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enter into force on July 1, 1997.② (Examples of Application as to Landing Permits Issued to Crew) The amended provisions of Article 14 ④ shall apply to landing permits which are issued to a member of the crew for the first time after this Act enters into force.

③ (Transitional Measures as to Permission on Extension of period of stay) At the time this Act enters into force, a person whose period of stay was extended in accordance with the previous provisions of this Act shall be deemed to have been given an extended period of stay under the amended provisions of Article 25.

ADDENDA

This Act shall enter into force three months after the date of its promulgation.

17, 2001.

Articles 2 through 4 Omitted.

ADDENDA<Presidential Executive Order No.

17579, Apr. 18, 2002>

Article 1 (Enforcement Date) This Decree shall enter into force on the date of its promulgation.

Article 2 (Application Example to Requirement, etc. for Training Em- ployment)① Amended provisions of Article 24-5 ① shall apply from the industrial trainees who first enter the Republic of Korea after the enforcement of this Decree. ② Not later than the time when the Minister of Labor determines pursuant to the amended provisions of Articles 24-5 ① 3 and 24-6 ④ the requirement, etc. for the training employment in consultation

This Regulation shall come into force starting from December 29, 2003.

ADDENDA <#557, August 23, 2004>

This Regulation shall come into force starting from the very day of public announcement.

ADDENDA <#571, July 8, 2005>

①(Enforcement Date) This Regulation shall come into force starting from September 25, 2005.

The revised regulation on the "seaman's identification certificate" in

Article 1 and the revised regulation on the seaman's book that it shall no

longer replace a passport, will come

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ADDENDA

This Act shall enter into force on March 1, 1999.

ADDENDA

This Act shall enter into force three months after the date of its promulgation.

ADDENDA

This Act shall enter into force three months after the date of its promulgation.

ADDENDA

This Act shall enter into force on the date of its promulgation.

with the head of a competent central administrative agency, it shall be governed by what the head of a competent central administrative agency determines pursuant to the previous provisions.

Article 3 (Transitional Measures for Status of Stay, etc.)① Spouse of a national who has a status of Visit & Cohabitation (F-1) from among the status of stay under the previous provisions at the time of enforcement of this Decree, and spouse of a person corresponding to the status of Permanent Residence (F-5) who has a status of Residence (F-2), shall be changed into the status of Residence (F-2) under this Decree, but the status of stay under the previous provisions shall be revised by the head of the branch office or sub-branch office when receiving a permit as to various stays for the first time after enforcement of this Decree, or receiving a re-issuance of a certificate of foreigner registration, or when the principal or a

into force immediately upon the day of public announcement. ②(Transitional Measure on Penalty) With regard to the sentencing guideline for any acts committed before the enforcement of this Regulation, the former Regulation shall prevail.

ADDENDA <#593, August 2, 2006>

This Regulation shall come into force.

ADDENDA <#609, March 5, 2007>

Article 1(Enforcement Date) This Regulation shall come into force starting from the very day of public announcement.

Article 2.(Transitional Measures on the extension of the period of stay)

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ADDENDA

① (Enforcement Date) This Act shall enter into force six months after the date of its promulgation; Provided, That the amended provisions concerning the seaman's identification papers and the exclusion of passport function of the seaman's pocketbook from among subparagraph 4 of Article 2, Articles 3, 5, 6, 7 ①, 12 ③ 1, 12-2 ①, 12-3, 14, 27 ①, 28 ①, 73 ① 2 and 75 ④ shall enter into force on June 1, 2005.

② (Transitional Measures on Seaman's Identification Papers) Notwithstanding the amended provisions concerning seaman's identification papers and the amended provisions of the exclusion of passport function of the seaman's pocketbook, the previous provisions shall govern the native seamen

person liable for applying for permits under Article 79 of the Act files an application. ② The head of the branch office or sub-branch office may change into a status of Permanent Residence (F-5) for the person corresponding to a status of Permanent Residence (F-5) from among those who have a status of Residence (F-2) under the previous provisions at the enforcement of this Decree for whom 5 years elapsed from the date of acquiring such status as of the Enforcement Date of this Decree, upon request of the principal or a person liable for applying for permits under Article 79 of the Act. ③ A person who has a status of Residence (F-2) from among the status of stay under the previous provisions at the enforcement of this Decree, who has failed to obtain a change of the status of stay into a status of Permanent Residence (F-5) under this Decree, shall be exempted from the restriction on his activities pursuant to classifications of the status of sojourn

① The period of stay shall be the period of stay of Visitation and Employment(H-2) for those who are already in Korea before the enforcement of this Regulation, especially for those who belong to Article 19-1 under the former ｢Enforcement Decree for the Act on the Equality of Foreign Workers｣ and those who belong to Section Na of Visit & Cohabitation(F-1) of former Table 1.

② When granting the extension of the period of stay, Article 37-2 of the revised Regulation is to be applied, but only within three years of the visa issuance, for those who belong to Article 19-1 of the former "the Enforcement Decree of the Act on the Employment of Foreign Workers, etc" and those who belong to Section Na of Table 1 Visitation and Cohabitation(F-1) under the former Decree, among the people who have been staying in

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already departed from the country and the foreign seamen entered the country at the time of enforcement of this Act.

under the previous provisions, not later than the date of obtaining a permit for a change of status of stay into Permanent Residence (F-5).

ADDENDA <Presidential Executive Order No.

17769, Nov. 6, 2002>

This Decree shall enter into force on the date of its promulgation.

ADDENDA <Presidential Executive Order No. 18097, Sep. 1, 2003>

① (Enforcement Date) This Decree shall enter into force on the date of its promulgation.② (Special Cases regarding Extension of period of stay for Training Employees and Industrial Trainees) Notwithstanding the amended provisions of Article 24-6, the Minister of Justice may grant permission on the extension of period of stay up to August 31, 2005 to the persons who stay

Korea by entrance before the enforcement of this Regulation.

Article 3(Exemption of Processing Fee)

When a person, who belong to Article 19-1 of the former "Enforcement Decree of the Act on the Employment of Foreign Workers, etc." and Section Na of Visitation and Cohabitation(F-1) of Table 1, applies for a Visitation and Employment visa(H-2), the processing fee is to be exempted.

ADDENDA <#613, June 1, 2007>

Article 1(Enforcement Date) This Regulation shall come into force starting from the very day of public announcement.

But the revised provision(s), in Section 12 and Section 25-2 of Table and Training and

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with the status of employment for training (E-8) and the industrial trainees who have failed to obtain permission for a change of status of stay to the status of employment for training (E-8) since they entered the Republic of Korea prior to April 27, 2002, at the time of the entry into force of this Decree, within the limit of not exceeding the domestic period of stay of five years in total.③ (Transitional Measures regarding Fine for Negligence) In applying the standards for imposition of fine for negligence to any offense commit- ted prior to the enforcement of this Decree, the previous provisions shall prevail.

ADDENDA <Presidential Executive Order No.

18130, Nov. 20, 2003>

This Decree shall enter into force on December 29, 2003.

Employment(E-8) in Table 6, is(are) to come into force starting from Oct.1st, 2010.

Article2 (Transitional Measures on Penalty) When applying the sentencing guideline for penalties for the acts committed before the enforcement of this Regulation, the former Regulation's sentencing guideline is to be used.

ADDENDA

This Regulation shall come into force starting from January 1st, 2008.

ADDENDA <#642, July 3,2008>

This Decree shall come into force starting from the very day of public announcement.

Starting from September 1st, 2008,

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ADDENDA <Presidential Executive Order No.

18312, Mar. 17, 2004>

This Decree shall enter into force on the date of its promulgation.

ADDENDA <Presidential Executive Order No.

18520, Aug. 17, 2004>

① (Enforcement Date) This Decree shall enter into force on August 17, 2004.② (Transitional Measures regarding Recognition of Activities Other than status of stay of Persons Falling under Visit cohabitation status of stay) The persons engaged in activities other than status of stay as referred to in the provisions of previous Article 23 ② 1 at the time of enforcement of this Decree may take employment not later than the period for activities other than status of stay

the following revised provisions shall come into force;

-Sub-section 18-2 in Article 9-1-2

regarding the qualification for the stay and sub-section 6 of the same article,

-Sub-section 28-3 in Article 17-2-2 regarding the qualification for stay of the permanent residency(F-5),

-Article 49-2-3,-Section 18-2 in Table 1-Section of Job-seeking(D-10) in Table 5

-Permanent Residency(F-5) in Table 5

-Job-seeking(D-10) in Table 5-2 &

-Job-seeking(D-10) in Table 6

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recognized as referred to in the previous provisions and procedures, notwithstanding the amended provisions of Article 23 ②, and persons intending to take employment continuously after the expiration of the recognized period for activities other than the status of stay shall obtain a modified permission for status of stay to the unskilled employment (E-9) pursuant to Article 12 ⑤ of the Act on the Employment, etc. of foreign workers.③ (Transitional Measures regarding Recommendation of Industrial Training, etc.) The amended provisions of Article 24-2 ③ and ④ shall not apply to the industry employing the foreign workers as referred to in Article 2 ① and ② of the Addenda to the Act on the Employment, etc. of foreign workers not later than the expiration of the period of the permit of stay of relevant foreign workers.④ (Amendments of other Decrees) The Enforcement Decree on the Act on the Employment of Foreign Workers, etc. is to be amended as follows;

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Section 5 of Article 3 is to be changed into Section 6 of the same Article and Section 5 is to be newly inserted as follows; 5. Each item of Section 1 of Article 24-3 under the Enforcement Decree of Immigration Control Act

ADDENDA <#18934, July 5, 2005>

① (Enforcement Date) This Decree shall come into force starting from Sep.25, 2005. Among Article 1-1,1-3,1-4,1-7 and 1-8; Article 6-1; Article 18-2; and section 2-1 of Article 88-2, the revised provisions on the crewman's identification; the seaman's book that it shall no longer replace a passport; and on Article 24-2 shall come into force immediately upon the day of public announcement.

ADDENDA <#19657, August 24,

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2006>

① (Enforcement Date) This Enforcement shall come into force immediately upon the day of public announcement. ② (Provisional Measures for Negligence Fee) When applying the sentencing guideline for negligence fee for any acts perpetrated before the effective day of this Decree, older sentencing guideline shall be applied.

ADDENDA <#19904, February 28, 2007>

Article 1(Enforcement Date) This Decree shall come into force starting from March 4, 2007. ②(Provisional Measures for Negligence Fee) When applying the sentencing guideline for negligence fee for any acts perpetrated before the effective day of this Decree, older sentencing guideline shall be applied.

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Article 2(Provisional Measures for Visa Issuance and the Application for the Certificate of Visa Issuance) For those applicants who were not issued visa before the enforcement date of this Decree, although they might belong to Na. Visitation & Cohabitation(F-1) of Status of Stay 26 in Table 1 under the former Decree, the visa shall be granted under Visitation & Employment(H-2) of Status of Stay 31 in Table 1.

Article 3(Provisional Measures for the Status of Stay and the Permission for the Period of Stay) ① The status of stay for those who are subject to Article 19-1 in the former ｢Enforcement Decree of the Employment Act for Foreign Workers｣ and for those who are staying according to Section Na. Visitation and Cohabitation in Status of Stay 26 in former Table 1

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shall be regarded as Visitation and Employment (H-2) in Status of Stay 31 in Table 1. But when the first permit is to be granted for the extension of the period for stay after the enforcement of this Decree, head(s) of immigration branch (sub-branch) office(s) shall grant the change of the status of stay according to the revised provision for Visitation and Employment(H-2), Status of Stay 31 of Table 1.②For those who came to Korea with the visa belonging to Section Na. for Visitation and Cohabitation(F-1), Status of Stay 26 in the former Table 1 before the enforcement of this Decree, the head(s) of immigration branch(sub- branch) office(s) shall grant the change of the status of stay according to the revised provision for Visitation and Employment(H-2), Status of Stay 31 of Table 1.

Article4(Amendments of Other Decrees)

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Some parts of the Enforcement Decree for the Act on the Entry/Departure of Overseas Korean Compatriots and theirStatus are to be changed as follows;Section 3 of Article 5-2 is to be changed as Section 4 of the same Article and Section 3 is to be newly inserted as follows; 3. Deliberations according to Section 8 of Article 23 in ｢Enforcement Decree of Immigration Control Act｣ ☆Table 1. Qualifications for the Foreigners' Stay [Related with Article 12] <Deleted>☆Table 2. Sentencing Guideline for Negligence Fee[Related with Article 102-3] <Deleted>

ADDENDA <#20076, June 1, 2007>

Article 1(Enforcement Date) This Decree shall come into force starting from the very day of public announcement.The revised provisions in section 1 and

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2 of Article 23 and section 27 out of Table 1 are to be enforced starting from January 1, 2008.The following revised provisions are to be implemented starting from Oct. 1, 2010; -section 1 of Article 23 (limited only to Article 23-1, Training and Employment(E-8)); -section 1-4 of Article 24-2, Section 6 and 7 of Article 24-4, and Article 24-5 through Article 24-7; -and Article 25-2 in Table 1

Article 2 (Provisional Measures for Striking the Group-recommendation type Industrial Training System) ① Those who have inbound crewman's status(E-10) under former regulation about the time of the enforcement of this Decree(i.e. about the time of public announcement) shall be regarded as having the status of stay as Crewman's Employment(E-10).② Those who have Training and

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Employment(E-9) status as a (foreign) national of the designated sending countries under Section 3 of Article 3 of "Enforcement Decree on the Act on the Employment of Foreign Workers, etc." as of June 1st, 2007, shall be regarded as having unskilled employment(E-9) status. ③ Those who are working with the status of Training and Employment(E-8) visa in a vessel of 20 tons or more, which is subject to The Act on the Crew, about the time when this Decree is enforced(i.e. the time of public announcement) shall be regarded as having the status of stay as Crew Employment(E-10) under this Decree up until the moment of valid stay regardless of the origin of the sending state under the Enforcement Decree on the Act on the Employment of Foreign Workers, etc.④ When a person, who stays in Korea with the status of Industrial Training

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visa(D-3) according to section 2 of Article 24-4 about June 1st, 2007 or who stays in Korea after June 1st, 2007 with the same status, applies for the change of status of stay according to the procedures of this Decree, the head(s) of Immigration Branch/sub-branch office(s) shall change it into Unskilled Employment(E-9) when he/she belongs to the nationals of the sending countries under Section 3, Article3 of "the Enforcement Decree of the Act on the Employment of Foreign Workers, etc." But it shall be noted that those industrial trainees recommended by National Federation of Fisheries Cooperatives, one of the recommending organizations, under former Section 1-4,Article 24-2,shall be limited to those working in vessels lighter than 20 ton, which is not subject to the Act on the Crew, or those working in fishing farming. ⑤ When a person, who stays in Korea

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with the status of Industrial Training visa(D-3) according to section 2 of Article 24-4 or who stays in Korea after the enforcement of this Decree(i.e. public announcement) with the same status, applies for the change of status of stay according to the procedures of this Decree, the head(s) of Immigration Branch/sub-branch office(s) shall change it into Crew Employment(E-10) when he/she belongs to the nationals of the sending countries under Section 3, Article3 of "the Enforcement Decree of the Act on the Employment of Foreign Workers, etc." But it shall be noted that those industrial trainees recommended by National Federation of Fisheries Cooperatives, one of the recommending organizations, under former Section 1-4,Article 24-2,shall be limited to those working in vessels heavier than 20 tons, which is subject to the Act on the Crew.

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Article 3(Provisional Measures for the Permit to Stay) ① Application for the permits of various kinds made before the enforcement of this Decree shall be regarded as applied according to this Decree. ② When a person subject to section 1 or 2 of Article 2 of the Addendum, applies for the permits of various kinds, his or her status of stay written on the passport and certificate of alien registration is to be corrected to the changed status of stay by the head(s) of the immigration branch/sub-branch office(s).

ADDENDA(Enforcement Decree of Foreign Trade Act)

<#20257, Sep.10, 2007>

Article 1(Enforcement Date) This Decree shall come into force from the very day of public announcement.

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Article 2. Deleted Article 3(Revisions of other Laws, Decrees, and Regulations) section ①~⑤ deleted ⑥Parts of the Enforcement Decree for Immigration Control Act are to be revised as follows; "according to the provisions in section 1, Article 22" out of section 1-3, Article 24-2, is to be changed into " section 1, Article 32." section ⑦~ ⑨ deleted Article 4. Deleted

ADDENDA <#20456, Dec.20, 2007>

This Decree is to be effective from the very day of public announcement. It shall be noted, however, that the revised provisions in section Ga(1), Visitation and Employment(H-2) in Table 1-31, shall be applied starting from Jan. 1, 2008.

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ADDENDA <#20749,2008.3.21>

This Decree shall come into force starting from March 22, 2008.

ADDENDA <#20892, July 3, 2008>

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