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ACT ON THE TREATMENT OF FOREIGNERS IN KOREA

Act on the Treatment of

Foreigners in Korea

Enforcement Decree

1()

CHAPTERGENERAL

PROVISIONS

Article 1 (Purpose)

The purpose of this Act is

to stipulate the basic

provisions concerning the

treatment of foreigners in

Korea; to help foreigners

in Korea to adjust

themselves to the Korean

society to reach their full

potentials and to create a

society where Koreans

and foreigners in Korea

understand and respect

each other with the aim of

contributing to the

development of Korea and

the social integration.

1()

Article 1 (Purpose)

The purpose of this

Decree is to stipulate the

provisions on the tasks

and the implementation of

such tasks mandated by

the Act on the Treatment

of Foreigners in Korea.

Act on the Treatment of Foreigners in Korea

2()

1. ""

2. " "

3. ""

Article 2 (Definitions)

For the purpose of this

Act,

1. The term "Foreigners in Korea" means people who

do not have obtained

Korean citizenship and

legally stay in Korea for

the purpose of residence

in Korea.

2. The term "Treatment of foreigners in Korea" means

the proper treatment from

national, municipal, and

local government(s) to

foreigners in Korea

according to their legal

status.

3. The term "immigrant by marriage" means a

non-ethnic Korean who

used to have a marital

relationship with a Korean

national and/or who is in

the middle of a marital

)

4( )

relationship with a Korean

national.

Article 3 (Responsibilities

of a National, Municipal,

and Local Governments)

A national, municipal, and

local government(s) shall

make efforts in policy

establishment and

implementation for the

treatment of foreigners in

Korea with the aim of

achieving the purpose of

Article 1 in this Act.

Article 4 (Relation to

other laws)

When Korea legislates or

amends laws and regulations

on the treatment of foreigners,

the legislation and amendments

shall conform to the purpose

of this Act.

Act on the Treatment of

Foreigners in Korea

Enforcement Decree

5( )

( ""

) .

2. ,

CHAPTER Establishment

and Implementation of the

Policy on Foreigners

Article 5 (Basic Plan for

Policy on Foreigners)

The Minister of Justice

shall establish a basic plan

for policy on foreigners

(hereinafter refer to as "the

basic plan") every five

years with the consultation

with the heads of relevant

national-level administrative

organizations.

Basic plan shall include

each of the following

subsection.

1. Basic purpose and implementation direction of

policy on foreigners

2. Defining tasks, methods, and periods of

)

( ""

) 51

( "")

Article 2 (Establishment of

Basic Plan for Policy on

Foreigners)

The Minister of Justice

shall provide the

guidelines on drawing

Basic Plan for Policy on

Foreigners (herein after

refer to as "the Basic

Plan") to the heads of

relevant central

a d m i n i s t r a t i v e

organizations for the

effective establishment of

the Basic Plan under

Article 5, Section 1 of the

Act on the Treatment of

Foreigners in Korea

(hereinafter referred to as

materializing the policy on

foreigners

3. Necessary resources and financing methods

4. Other matters deemed necessary for the policy

establishment on foreigners

The Minister of Justice

shall decide on the basic

plan established according

to the Section 1 through

the deliberation of the

Foreigners' Policy Commit-

tee based on Article 8.

Those proper and

necessary measures on

the procedure for the

establishment of the basic

plan are to be decided by

the Presidential decree.

The Minister of Justice

shall consider the principle

of reciprocity when

establishing the basic plan.

3( )

"the act").

The heads of the

related national-level

administrative bodies shall

establish their basic plans

under their jurisdictions in

accordance with Section 1

above and submit the plans

to the Justice Minister.

The minister, considering

the plans submitted, shall

establish the Basic Plan as

specified in Article 5,

Section 1 of the Act.

The minister shall

inform the heads of

relevant national-level

administrative organizations

and local governments on

the Basic Plan finalized

under Article 5, Section 3

of the Act.

Article 3 (Amendments to

the Basic Plan)

6( )

Article 6 (Yearly Action

Plans)

The heads of the related

central administrative

organizations shall establish

and implement yearly action

plans under their

jurisdictions in accordance

with the basic plan.

With regard to the tasks

4 (

)

( ""

)

If they intend to make

changes under their

jurisdictions the heads of

relevant central

administrative organizations

shall submit a revised

version of their basic plans

to the minister

Considering the revised

plans referred to in Section

1 above the minister, shall

amend and confirm the

Basic Plan under Article 5,

Section 3 of the Act.

Article 4 (Establishment of

Yearly Action Plans)

The minister shall

provide the guidelines on

drawing Yearly Action

Plans (hereinafter referred

to as "the Action Plans")

specified in Article 6,

Section 1 and 2 of the Act

to the heads of related

mandated by the heads of

the central administrative

organizations, the heads of

local governments shall

establish and implement

yearly action plans of their

own in accordance with the

action plans established by

the heads of the central

governments of national

level concerned.

When the local

governments' action plans

established according to

the Section2 do not

correspond with the action

plans of the central

governments concerned,

the heads of the related

central administrative

organizations may ask the

heads of the local

government concerned to

make changes and may

examine whether or not

( ""

) ,

central administrative

organizations and local

government by the end of

July of a year for the

effective establishment of

the Action Plans.

The heads of the

relevant national-level

organizations shall

establish their yearly

action plans for the next

year under their

jurisdictions in accordance

with Section 1 above, and

inform the heads of local

governments on the plans.

The heads of related

central administrative

organizations shall

compile, as defined in

Article 6, Section 4 of the

Act, action plans

established by the heads

of local governments

under Article 6, Section 2

. the development of

implementation of the

action plans established by

the local autonomous

government concerned

conform to the basic plan

and the action plans of the

central administrative

organizations concerned.

The heads of the

related central

administrative organizations

shall submit to the

Minister of Justice the past

year's implementation

performance and the

evaluation result according

to their jurisdictions, and

the Minister of Justice

shall compile them and

place them on the agenda

for the Foreigners' Policy

Committee.

Other proper and

necessary measures for

of the Act , and submit

the plans to the minister

by the end of October of

a year.

The action plans

submitted to the minister

under Section 3 above

shall be reviewed and

coordinated by Foreigners'

Policy Committee

(hereinafter referred to as

"the Committee") as

specified in Article 8 of

the Act. The minister shall

inform the heads of

relevant central

a d m i n i s t r a t i v e

organizations and local

governments on the

review results.

establishment, implementa

tion and evaluation of the

action plans are to be

determined by the

Presidential decree.

)

4 5

Article 5 (Implementation

Performance and

Evaluation Result of Action

Plans)

The minister shall

provide guidelines on

presenting implementation

performance and

evaluation results to the

heads of related central

a d m i n i s t r a t i v e

organizations and local

governments for the

effective report of the

results for the previous

year under Article 6,

Section 4 and 5 of the

Act.

The heads of local

governments shall submit

to the heads of related

central administrative

organizations their

i m p l e m e n t a t i o n

performance and

evaluation results for the

previous year, which are

prepared according to the

guidelines referred to in

Section 1 above by the

end of January of a year.

The heads of relevant

central administrative

organizations shall compile

and submit, as specified in

Article 6, Section 4 of the

Act, the results presented

by the heads of local

governments under Section

2 above to the minister by

the end of February of a

year.

The minister shall

compile the results

submitted under Section 3

. above, and send the

results to the Committee

for review and

coordination. The minister

shall inform the heads of

related central

a d m i n i s t r a t i v e

organizations and local

governments on the

review results.

The heads of relevant

central administrative

bodies and local

governments shall reflect

the results informed of

under Section 4 above to

the establishment and

implementation of their

yearly action plans for the

next year.

The minister may

examine the

implementation of the

Action Plan by quarter,

and take necessary

7( )

" )

Article 7 (Cooperation in

Works)

When it is deemed

necessary for

establishment, implementa

tion, and evaluation of the

action plans, the Minister

of Justice may ask the

heads of national

government agencies, local

governments and those

public organizations

designated by a

Presidential decree

(hereinafter referred to as

"head of public

organizations") for

cooperation such as

6( )

71 "

1. , , ,

5.42

measure to share

examination results with

the heads of relevant

n a t i o n a l - l e v e l

administrative bodies and

local governments.

Article 6 (Cooperation in

Work)

The term "public

organizations designated

by a Presidential Decree"

referred to in Article 7,

Section 1 of the Act shall

mean

1. schools established under the Early Childhood

Education Act, the

Elementary and Secondary

Education Act, the Higher

Education Act or other

relevant laws;

2. companies, agencies, and other public

organizations designated

8()

( ""

) .

1. 5

submission of related

records.

When it is deemed

necessary for establishment

implementation, and

evaluation of the action

plans, the heads of the

central administrative

organizations and local

governments may ask the

head of public organizations

for cooperation such as

submission of related

records.

Article 8 (Foreigners'

Policy Committee)

There shall be

established Foreigners'

Policy Committee

(hereinafter referred to as

"Committee") under the

Prime Minister for

deliberation and

coordination of matters

)

831

and announced under the

Act on Management of

Public organizations

3. local public enterprises and corporations

established under the

Local Public Enterprise

Act;

4. special judicial persons created under special

laws; or

5. social welfare judicial persons and non-profit

judicial persons executing

social welfare projects,

which receive grants from

the central or local

governments under Article

42, Section 1 of the Social

Welfare Act.

Article 7 (Organization and

Operation of the Committee)

The term "the heads of

the central administrative

2. 6 ,

3. 15

( "

" ) .

1 4

concerning policies on

foreigners.

The Committee shall

deliberate and coordinate

the following matters

1. Matters concerning establishment of the basic

plans of policies on

foreigners in accordance

with Article 5.

2. Matters concerning establishment, implementa

tion performance and

evaluation result of action

plans of policies on

foreigners in accordance

with Article 6.

3. Matters concerning the adjustment to society in

accordance with Article

15.

4. Other matters concerning the policies on

foreigners.

The Committee shall be

, ,

( "" )

2008.2.29>

2 9

3 .

(

organizations appointed by

the Presidential Decree"

referred to in Article 8,

Section 3.1 of the Act, as

revised on Feb 29 2008,

shall mean

Strategy and Finance

Minister; Education,

Science and Technology

Minister; Foreign Affairs

and Trade Minister;

Justice Minister; Public

Administration and

Security Minister; Culture,

Sports and Tourism

Minister; Food,

Agriculture, Forestry and

Fisheries Minister;

Knowledge Economy

Minister; Health, Welfare

and Family Affairs

Minister; Labor Minister;

Gender Equality Minister;

Land, Transport and

Maritime Affairs Minister,

composed of less than 30

members including the

chairperson of the

committee. Prime Minister

shall assume the position

of the chairperson of the

Committee and the

members of the committee

are those falling under

each of the following

subsection.

1. The heads of the central administrative

organizations appointed by

the Presidential decree

2. Among those who have knowledge and experience

about policies on

foreigners, a person who

is appointed by the

chairperson of the

Committee.

The Foreigners' Policy

Working Committee

(hereinafter referred to as

Administrator of Small and

Medium Business

Administration; and other

heads of central

administrative bodies that

the chairperson of the

Committee (hereinafter

referred to as "the

Chairperson") justifies as

necessary through the

consultation of the

committee.

The Chairperson may

appoint up to 9

commissioners under

Article 8, Section 3.2 of

the Act.

The tenure of the

commissioners referred to

in Section 2 above shall

be 3 years.

The Chairperson may

to the meeting the

relevant heads of central

administrative bodies, local

"Working Committee")

shall be established within

the Committee to deal

with the matters that are

to be presented to the

Committee and entrusted

by the Committee.

Necessary matters for

the composition and

management of the

Committee and the

Working Committee

outside the scope of

Section 1 or Section 4 are

to be determined by the

Presidential decree.

8()

governments and other

organizations provided for

in the provisions of

Section 6 of the Act,

including the Director of

the National Intelligence

Service and the Minister

of the Prime Minister's

Office, if he judges it

necessary for addressing

the pending issue.

Article 8 (The

chairperson)

The Chairperson shall

represent the Committee

and be in charge of the

overall management of the

Committee.

The minister shall act

in for the Chairperson

when the latter is not able

to conduct his duties as a

result of unavoidable

causes.

9( )

. ,

Article 9 (Meetings of the

Committee)

The Chairperson shall

convene a meeting and

become a president.

The Chairperson shall

notify participants about

time, place and issues, in

writing, at least 5 days

before he convenes a

meeting under Article 7,

Section 4 of the Act,

except in emergency or

under other inevitable

circumstances.

The quorum for

opening a meeting shall be

a majority of total

Committee members, and

the quorum for passing a

measure shall be a

majority of Committee

members present in the

meeting.

10()

1 ,

11(

)

( "

" )

1 30

.<2008.2.29>

1. 71

Article 10 (Secretary)

The Committee shall have

1 secretary to manage its

affairs. The secretary

shall be the Commissioner

of the Korea Immigration

Service.

Article 11 (Structure and

Management of the

Foreigners' Policy Working

Committee)

The Foreigners' Policy

Committee (hereinafter

referred to as "Working

Committee") provided for

in Article 8, Section 4 of

the Act shall consist of up

to 30 members including

its chairperson. The

chairperson shall be the

Vice Minister of Justice,

and the other committee

members shall be those

2. 5

falling under one of the

following provisions, as

revised on Feb 29, 2008.

1. Officials in Senior Executive Service of

organizations that the

heads of central

administrative bodies, the

Director of the National

Intelligence Service or the

Minister of the Prime

Minister's Office are in

charge of, as defined in

Article 7, Section 1 of the

Act, or other designated

officials of grade 1 to

grade 3 who are not in

Senior Executive Service.

2. persons who have sufficient expertise and

experience, and who are

appointed by the

chairperson of the

Working Committee.

The chairperson may

invite to a meeting of the

Working Committee the

related heads of central

administrative bodies and

local governments and

other persons designated

by the heads of the

organizations referred to

in Article 6 of the Act, if

he justifies it necessary

for addressing the pending

issue.

The Working Committee

shall establish

subcommittees by sector

for research, review or

consultation, if:

1. the Working Committee acknowledges that

consultation is necessary

as commissioners have

difference of opinions on

the pending issue.

2. performance and evaluation results referred

12( )

. ,

13()

to in Article 5 of the Act

should be reviewed by the

Working Committee.

3. the Working Committee gives mandate.

Article 12 (Allowance and

Other Expenses)

Commissioners who attend

s the meetings of the

Committee, Working

committee or subcommittee

may be paid allowances,

travel expenses and other

costs within the budget,

except when public

officials attend the

meeting to address the

issue directly related to

his agency.

Article 13 (Management

Rules)

The Chairperson of the

Committee shall decide on

9( )

1. , 15

Article 9 (Research and

Implementation of Policy)

The Minister of Justice

shall perform each of the

following work in order to

establish the basic plan

establish action plans

evaluate the performance

of implementation of

action plan sand to ensure

efficient composition and

14( )

matters concerning the

organization and

management of the

Committee through the

show of the vote by the

Committee. The chairperson

of the Working Committee

shall decide on matters

related to the organization

and management of the

Working Committee through

a vote of the Working

Committee.

Article 14 (Commission of

Policy Research)

The minister may

commission surveys or

research projects to

research institutes,

colleges or other

appropriate organizations

for the effective fulfillment

of duties referred to in

the provisions of Article 9,

4. ,

5. 15

management of the

Committee and the

Working Committee.

1. Fact-finding survey on foreigners in Korea, illegal

immigrants and naturalized

persons in accordance

with Article 15.

2. Research on the matters necessary and

proper for the

establishment of the basic

plan.

3. Pre-research on the matters that are to be

placed on the agenda for

the Committee and the

Working Committee

4. Management of materials and statistics

about the policies on

foreigners and the work of

the Committee and the

Working Committee.

5. Research on the Section 1 of the Act.

measures and the use of

social adjustment in

accordance with Article 15

in this Act and the

implementation of policies.

6. Research on other matters deemed necessary

for the establishment of

policies on foreigners and

policy implementation.

Necessary matters for

the efficient performance

of the work of each

subsection of Section 1

(Section 1 of Article 9?)

are determined by the

Presidential decree.

Act on the Treatment of

Foreigners in Korea

Enforcement Decree

10(

)

11(

)

CHAPTER Treatment of

Foreigners in Korea

Article 10 (Safeguarding

Human Rights of

Foreigners in Korea)

National, municipal. and

local governments shall

make efforts such as

conducting educational

programs public

communication activities

and whatever activities

proper and necessary to

prevent unreasonable

discrimination against

foreigners in Korea or

their children and to

safeguard their human

rights.

Article 11 (Support for the

Social Adjustment of

12(

)

Foreigners in Korea)

National, municipal, and

local governments may

provide foreigners in

Korea with education,

information and

consultation about the

common basic knowledge

necessary for living in

Korea.

Article 12 (Treatment of

Immigrants by Marriage

and their children)

by providing Korean

language education to

immigrants by marriage

nurturing support and

educational support about

institutions and culture of

Korea,

National, municipal, and

local governments may

assist the immigrants by

marriage and their children

13( )

( ""

)

in adjusting themselves to

Korea, support for child

care and education to the

children of immigrants by

marriage

The provision of

Section 1 shall apply to

the foreigners in Korea

who raise children born

out of the common-law

marriage to Koreans and

their children.

Article 13 (Treatment of

Persons with Permanent

Residency)

National, municipal, and

local governments may

guarantee foreigners who

have legal status to

permanently reside in

Korea (hereinafter

referred to as "permanent

residents") entry, stay or

economic activities in

121

14( )

Korea to the extent that

security, social order,

public welfare, and other

interests of Korea are not

undermined.

The provision of Article

12, Section 1 shall apply

to permanent residents.

Article 14 (Treatment of

Refugees)

According to with

Article 76, Section 2 of, if

a person who is

acknowledged as a

refugee hopes to reside in

Korea, the person may be

supported in accordance

with Article 12, Section 1.

If a foreigner, who is

acknowledged as a

refugee in Korea, departs

from Korea with the aim

of residing in a foreign

country, s/he may be

15(

)

121

16(

)

provided with information

necessary for departure,

consultation and other

necessary support.

Article 15 (Social

Adjustment after Acquiring

Nationality)

If a foreigner in Korea

acquires Korean

nationality, the person may

benefit from the measures

and policies in accordance

with Article 112,

Subsection 1 from the day

of nationality acquisition

for 3 years.

Article 16 (Improvement of

Treatment of Foreigners

/Skilled Foreign Workers)

National, municipal, and

local government(s) shall

make efforts to devise

institutions and measures

17(

)

(

)

needed for improvement of

legal status and treatment

in order to attract foreign

workers who have

specialized knowledge,

technology, or skills.

Article 17 (Treatment of

Persons who had Korean

nationality)

National, municipal, and

local government(s) may

guarantee for those

persons who had Korean

nationality or their lineal

descendants (persons who

have Korean nationality

excluded) and determined

by the Presidential decree

entry, stay or economic

activities in Korea to the

extent that security, social

order, public welfare, and

other interests of Korea

are not undermined.

15(

)

17 "

1. 11 1

2. 5

Article 15 (Category of

Persons who had Korean

Nationality)

"Those persons

determined by the

Presidential Decree" as

defined in Article 17 of

the Act shall be the

persons who prove they

or one of their parents

had Korean nationality,

except who

1. are banned from entering Korea under the

provisions of Article 11,

Section 1 of the Korea

Immigration Act.

2. are restricted to 17

receive visa under Article

5, Section 5 of the

Overseas Koreans Act.

The heads of central

administrative bodies and

local governments may

review whether the

treatment under Article 17

of the Act satisfies

national security, social

order and public interest,

and may require advice or

cooperation from the

heads of related central

administrative bodies, local

governments and the

organizations defined in

the provisions of Article 6

of the Act.

Act on the Treatment of

Foreigners in Korea

Enforcement Decree

18(

)

, ,

CHAPTER Creating a

Society Where Koreans and

Foreigners in Korea Live in

Harmony

Article 18 (Enhancement

of Understanding about

Cultural Diversity)

National, municipal, and

local governments shall

make efforts to take

measures such as

education, public

communication activities,

and correction of

unreasonable instructions

in order to ensure that

Koreans and foreigners in

Korea understand and

respect each other's

history, culture and

institutions.

19( )

520

, 1

Article 19 (Together Day)

To create a society

where Koreans and

foreigners in Korea

respect each other's

culture and tradition and

live in harmony, May 20

is designated as "Together

Day" and one week

starting Together Day is

designated as Together

Week.

Matters necessary for

Together Day event may

be determined by the

Minister of Justice or

Mayor of special city,

Mayor of metropolitan

city, Governor of

Province, and Governor of

special autonomous

province respectively.

Act on the Treatment of

Foreigners in Korea

Enforcement Decree

20(

)

CHAPTER Supplementary

Rules

Article 20 (Civil Service

and Consultation for

Foreigners)

The heads of public

agencies may appoint

officials in charge of

informing foreigners in

Korea of civil service

procedures and make the

officials complete required

educational courses.

National Government

may install and operate an

information center for

foreigners to provide

information and

consultation in foreign

languages to foreigners in

Korea and those persons

determined by the

Presidential decree

16(

) 202

Article 16 (Civil Service

and Consultation for

Foreigners)

"Those determined by the

Presidential Decree"

stipulated in Article 20,

Section 2 of the Act shall

mean foreigners who stay

in the Republic of Korea.

21( )

22( )

through telephones or

electronic networks.

Article 21 (Cooperation

with Private Sector)

National, municipal, and

local government(s) may

delegate to the non-profit

Organizations or the

profit organizations part of

their works regarding the

policies on foreigners and

provide funding for the

delegated works or other

necessary supports.

Article 22 (Facilitation of

International Exchange)

National, municipal, and

local government(s) shall

make efforts to facilitate

international exchange by

participating international

organizations regarding

the policies on foreigners

23( )

. ,

and implementing

international cooperation

works such as information

exchange, joint survey and

research.

Article 23 (Announcement

and Delivery of Policies)

National, municipal, and

local government(s) may

announce the basic plan

and action plans of

established policies on

foreigners, For some of

the matters, the

Committee and the

Working Committee may

opt not to promulgate in

consideration of national

interests such as national

security, social order,

public welfare, and

diplomatic relations or for

those matters that may

violate privacy.

National, municipal, and

local government(s) shall

make efforts to ensure

that all Koreans and

foreigners in Korea easily

understand and use the

basic plan and action

plans promulgated in

accordance with Section 1.

Act on the Treatment of

Foreigners in Korea

Enforcement Decree

<844, 2007.5.17>

ADDENDA<#844, 2007.5.17>

This Act shall enter into

force two months after the

date of its promulgation.

<20170,

2007.7.18>

( )

<20674, 2008.2.29>

1()

3( )

ADDENDA <#20170,

2007.7.18>

This Decree shall enter

into force starting from

the very day of

announcement.

ADDENDA

(Organization of the

Ministry of Justice and its

Agencies)

<#20674, 2008.2.29>

Article 1 (The Effective

Date)

This Decree shall enter

into force starting from

the very day of

announcement.

Article 2 Deleted

Article 3 (The Revision of

. 71 "

, ,

" ",

, ,

, "

. 1111

" .

Other Laws)

to Deleted

Provisons of The

Enforcement Decree of the

Act on the Treatment of

Foreigners in Korea have

been revised as follows:

"Finance and Economy

Minister; Education and

Human Resources

Development Minister;

Foreign Affairs and Trade

Minister; Justice Minister;

Government Administration

and Home Affairs Minister;

Culture and Tourism

Minister; Agriculture and

Forestry Minister;

Commerce, Industry and

Energy Minister; Health

and Welfare Minister;

Labor Minister; Gender

Equality and Family

Minister; Construction and

Transportation Minister;

Maritime Affairs and

Fisheries Minister;

Planning and Budget

Minister; Public Information

Office" referred to in

Article 7, Section 1 of the

Decree have been

amended to "Strategy and

Finance Minister;

Education, Science and

Technology Minister;

Foreign Affairs and Trade

Minister; Justice Minister;

Public Administration and

Security Minister; Culture,

Sports and Tourism

Minister; Food, Agriculture,

Forestry and Fisheries

Minister; Knowledge

Economy Minister; Health,

Welfare and Family Affairs

Minister; Labor Minister;

Gender Equality Minister;

Land, Transport and

Maritime Affairs Minister."

"Director of the Office for

Government Policy

Coordination" referred to

in Article 11, Section 1.1

of the Decree has been

amended to "Minister of

the Prime Minister's

Office."

to Deleted

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