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Laws of the Republic of Korea |
IMMIGRATION CONTROL LAW & Relevant Rules.
Immigration Control Law Enforcement Decree Enforcement Regulation
CHAPTER 1 GENERAL PROVISIONS
Amended by Act No. 9142 Dec. 19.
2008
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
- 2 -
1. The term "national" means a citizen of Korea.
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
- 3 -
that the holder is a seaman
5. The term "port of entry and 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
- 4 -
using vessels, etc. or an agent who
conducts business transactions for
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.
- 5 -
Immigration Control Law Enforcement Decree Enforcement Regulation CHAPTER 2 DEPARTURE AND
ENTRY OF NATIONALS
Article 3 (Departure of a National)
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
CHAPTER DEPARTURE AND
ENTRY OF NATIONALS
Amended by Act No. 21087 Oct. 20.
2008
Article 1 (Departure and Entry
Inspection)
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.
When conducting the departure or
entry inspection as provided in paragraph
CHAPTER 1. DEPARTURE AND
ENTRY OF NATIONALS
Amended by Act No. 642 July. 3.
2008
Article 1 (Departure and Entry
Inspection)
When 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)
- 6 -
jurisdiction over the place.
Revised Mar.24, 2005
Deleted Mar.24, 2005
Article 4 (Prohibition of Departure)
The Minister of Justice may
, an immigration officer shall, confirm
an eligibility of the relevant national to
a departure or entry, and other necessary
matters.
When having finished the departure or
entry inspection under paragraphs and
, an immigration officer shall, stamp the
passport, etc. and an arrival or departure
card with a seal of either departure or
entry inspection.
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 and : provided that this
shall not apply to the case of the first
entry into and departure from the
country is restricted, or any other
matters prescribed by the Minister
of Justice.
Article 2 (Filling-out of an Entry and
Departure Card, etc.)
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
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.
A person who enters or departs
from Korea shall correctly fill the
/D/ card out, under section of this
Article.
a branch officer shall verify
whether or not there are some
errors or any other incomplete things
in the E/D card submitted under
- 7 -
prohibit a national who falls under
any of the following sub-paragraphs
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 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
leaving and the last entering the Republic
of Korea of a crew of the ship, etc.
A national who is a crewman of the
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.
According 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).
Deleted 2005.7.5.
With respect to a national who intends
to enter the Republic of Korea without
a valid passport or sea- man's
section , 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.
The submission of an E/D card
may be omitted by the branch officer
under the provisions of Article 1,
section of the Decree. In this
case, the branch officer shall
electronically process the entry and
departure records without delay and
store therein.
Article 3 (Management of Entry and
Departure Card)
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
- 8 -
through 5, whose departure is
deemed inappropriate by the Justice
Minister's Order as there exist
some concerns about undermining
the national interest, the public
safety, or the economic stability of
Korea.
In conducting the departure
inspection, an immigration officer
shall not allow a person whose
departure is prohibited under
paragraph to depart from Korea.
Article 4-2(Extension of the Period
for the prohibition of departure)
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.
When the head(s) of agency
(agencies) requesting for the
prohibition of departure according to
pocketbook under Article 6 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
fact of his/her departure, etc.
When he has verified that the person
is a national as a result of an examination
under paragraph , an immigration
officer shall stamp his arrival or departure
card with an entry inspection seal.
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.
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
information network management
office").
The head of the information
network management office shall
electronically process the E/D cards
under section , collect them in the
information record storage, etc. and
manage therein
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 and , and
manage therein
Article 4 (Registration of a Crew
member, etc.)
A crew member (excluding a crew
- 9 -
Article 4-2 finds the needs to
continuously extend the prohibition
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,
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]
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
branch officer if he or she intends to
file a crew registration card under
the provisions of Article 1, section
of the Decree.
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
.
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
- 10 -
Article 2(Procedures for the Prohibition
of Departure)
When the Minister of Justice intends to place
the prohibition of departure according to Article
4 Section:
1, they have to set the specific date for the
period for the prohibition of departure. In
the case, the Minister of Justice opts to require
the opinion of the relevant agency(agencies)
or the relevant documents.
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
sub-immigration office shall notify
(inclusive of internet notification)such
a departure immediately to the head of
Military Manpower
Administration.
Article 6 (Departure of Persons with
no Visas of Country of Destination)
Deleted
- 11 -
Article 4-3(Lifting of the Prohibition
of Departure)
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.
When the cause for the prohibition
of departure is gone, the head of
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
of special city or greater city or by the
provincial governor(inclusive of the
special autonomous provincial governor).
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)
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
- 12 -
agency, who requested for the
prohibition of departure under Article
4-2, shall ask for the lifting of the
prohibition of departure.
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]
relevant agency(agencies).
When the head(s) of agency
(agencies) in the central government
and the heads of relevant agency
(agencies), as determined by the
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.
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
- 13 -
Article 4-4(Notification of the
departure)
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
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
Receiving the request for the
prohibition of departure according to
Article 2-2, the Minister of Justice
shall review and decide within three
days.
Whenever the need is recognized by
the Minister of Justice for the request
for the prohibition of departure or for
- 14 -
decision for the prohibition of
departure, etc.) When the
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.
When the Minister of Justice lifts
the prohibition of departure under
Article 4-3-1, he shall immediately
notify the facts to the subject.
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
the review of the request to extend
the period for the prohibition of
departure, he may request the
submission of the relevant data
If the Minister of Justice decides not
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)
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)
- 15 -
subject under the prohibition of
departure is not known. [Newly
Added Dec. 21, 2007]
Article 4-5(Appealing the Decision
for the Prohibition of Departure,
etc.)
A 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.
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,
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
prohibition of departure immediately.
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.
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.
Once the Minister of Justice
receives the request form for lifting
- 16 -
the period can be extended only one
time up to 15 days.
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]
the prohibition of departure under
section 3, he shall, without any delay,
review such a request and make a
decision.
Once the Minister of Justice decides
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
- 17 -
Article 5 (Custody of a National's
Passport, etc.)
An immigration officer may seize
and withhold the passport of a
person whose departure is prohibited
under Article 4- .
Revised Mar.24, 2005
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,
the prohibition of departure, etc.)
When the head(s) of an agency(agen
cies) request for the prohibition of de
parture under Article 4-2 of the Act o
r for the extension of the period for th
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 categor
y under Article 4-4-3 of the Act.
When the Minister of Justice review
s and decides whether or not to apply
the prohibition of departure or to decid
e the extension of the period for the p
rohibition of departure, he shall also re
view and decide the exclusion request
under section 1. [Newly added, March
22, 2008]
- 18 -
2005
Article 6 (Entry of a National)
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
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)
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.
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)
The Departure Prohibition Review
- 19 -
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
under Article 4 of the Act and the
departure suspension of foreigners under
Article 29 of the Act.
The Board shall be composed of one
chairman and up to 13 members.
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.
Matters necessary for the functioning
and operation of the Board shall be
prescribed by the Justice Minister's
Order.
- 20 -
Article 5 (Management of Data on Persons
Prohibited from Departure)
With respect to the persons for whom
a decision is made to prohibit their
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.
Deleted. 2002. 4.18>
Article 6 (Custody of Passport, etc. and
Notice Thereof)
When he takes a passport, etc. into
custody under Article 5 of the Act,
an immigration officer shall issue a
certificate of custody to the holder of
passport, etc.
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
- 21 -
officio or upon request:
1. When a disposition of departure
prohibition under Article 4 of the Act
is cancelled; and
2. Other cases when deemed unnecessary
to continue the custody of a passport, etc.
When he seizes a passport, etc. under
Article 5 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.
With respect to the passport, etc. in
custody under Article 5 and 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.
Article 7 (Custody and Return of a
Passport, etc)
A branch officer shall accurately
record the date of custody and
reason for custody, etc. in the
custody book, if he or she takes
custody of a passport in accordance
with the provisions of Article 5 of
the Act.
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 or of the Decree,
A branch officer shall take back
the certificate of custody under
Article 6, section of the Decree,
if he or she returns the passport
under Article 6, section of the
Decree.
- 22 -
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
the passport, etc. has been taken in
custody under Article 5 of the Act,
he shall notify the holder of passport, etc.
of the relevant fact.
Immigration Control law Enforcement Decree Enforcement Regulation
CHAPTER 3 ENTRY AND LANDING
OF FOREIGNERS
SECTION 1 Entry of a Foreigner
CHAPTER ENTRY AND LANDING
OF FOREIGNERS
SECTION 1 Entry of Foreigners
CHAPTER 2. ENTRY AND LANDING
OF FOREIGNERS
SECTION 1. Entry of Foreigners
- 23 -
Article 7 (Entry of a Foreigner)
If a foreigner intends to enter
Korea, s/he shall hold both a valid
passport and a Korean Visa issued
by the Minister of Justice.
Revised Mar.24, 2005
Notwithstanding the provision of
paragraph , 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;
Article 7 (Visa Issuance)
A person who intends to obtain a visa
under Article 7 of the Act, shall submit
to the head of Korean diplomatic mission
abroad a written application for a visa
along with the documents prescribed by
the Justice Minister's Order.
The head of Korean diplomatic mission
abroad shall issue a visa to a foreigner
who has applied for the visa under
paragraph 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.
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
Article 8 (Approval of Visa Issuance)
The head of a Korean diplomatic
mission abroad shall obtain the
approval of the Minister of Justice,
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
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
- 24 -
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
Presidential Executive Order; and
4. A person who departed from Korea
with a refugee travel document, and
re-enters Korea before the validity
of such document expires.
The Minister of Justice may
temporarily suspend the application
of Visa Waiver Agreement to those
falling under paragraph -2, when it
is deemed necessary and proper for
the maintenance of public safety or
national interest.
Notwithstanding the provision of
paragraph , 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
opinions thereon.
Criteria for issuing a letter of
recommendation under paragraph
shall be separately set forth by the head
of the related central administrative
agency in consultation with the Minister
of Justice.
When 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.)
Persons to be allowed to enter the
Republic of Korea without a visa under
Article 7 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;
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
organizations of inter-governments,
or who is designated by the Minister
of Justice.
The head of a Korean diplomatic
mission abroad shall, if he intends to
obtain the approval pursuant to
section , 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
- 25 -
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,
2002
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
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
3. Other persons whose entry is deemed
by the Minister of Justice necessary for
the interests of the Republic of Korea,
etc.
Procedures for the entry permit to a
person allowed to enter without a visa
under Article 7 3 of the Act shall be
governed under the conditions as
prescribed by the Justice Minister's
Order.
Definite scope of persons allowed to
enter without a visa under Article 7
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)
equivalent to the actual expenses.
The Minister of Justice shall
review the qualification for the
entry, and decide whether or not he
approves it, if he receives request
for the approval under section 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.
If he requests the approval of the
Minister of Justice for the visa
issuance under section of this
Article, the head of a Korean
- 26 -
Where he intends to temporarily
suspend an application of the visa waiver
agreement under Article 7 of the Act,
the Minister of Justice shall consult in
advance with the Minister of Foreign
Affairs and Trade.
Where he decides to temporarily
suspend an application of the visa waiver
agreement under paragraph , 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. 2002. 4.18.>
Article 10 (Issuance of Entry Permit for
Foreigners, Etc.)
Where he has designated countries
after consulting with the Minister of
Foreign Affairs and Trade under Article
7 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.
diplomatic mission abroad shall not
issue a visa under section of this
Article until he receives the "written
notification of approval" from the
Minister of Justice,
- 27 -
A person who intends to obtain an entry
permit for foreigners under Article 7
of the Act shall submit a written
application for a visa along with the
documents as prescribed by the Justice
Minister's Order to the heads of the
diplomatic missions abroad, The head of
the branch office or sub-branch office.
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 . In
this case, an entry permit shall contain
an entry of the status and period of stay,
and the place of employment, etc.
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
- 28 -
Article 8 (visa)
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.
The Minister of Justice may
delegate his/her authority to issue
visas to the head of a Korean
diplomatic mission overseas under
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
be valid for two or more entries.
When a foreigner entered under an
entry permit for foreigners under para-
graph 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 , the said permit
shall be recovered upon his final
departure.
Article 11 (Delegation of Right to Issue
Visa)
Pursuant to Article 8 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
Article 9(Delegation of Right to Issue
Visa)
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)
- 29 -
the conditions as prescribed by the
Presidential Executive Order.
The criteria and procedure for
issuing visas shall be determined by
the Justice Minister's Order.
stay 1. Diplomacy (A-1) through 3.
Convention (A-3) in the attached Table
1, to the heads of the diplomatic missions
abroad.
The Minister of Justice shall, pursuant
to Article 8 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.
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
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
- 30 -
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)
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)]
- 31 -
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
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
- 32 -
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.
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
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.
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
- 33 -
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
below.
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
- 34 -
stay specified in the attached Table
1 of the Decree.
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
through 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
- 35 -
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
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 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)
The head of a Korean diplomatic
- 36 -
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
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. ).
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 of this
Article.
- 37 -
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
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.
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 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.
- 38 -
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
left-hand side of a copy of
application for a group visa issuance
delivered under section of this
Article, and return thereon.
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.
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
- 39 -
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
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.)
The period of a single visa shall
be valid for 3 months from the date
of issue.
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
- 40 -
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,
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.
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)
If other regulations exist
regarding the visa issuance in the
- 41 -
agreement or memorandum of
understanding, etc. signed between
the Korean and foreign
government(s), or if the Minister of
Justice separately prescribes, taking
into account the principle of
reciprocity, etc, the head of a
Korean diplomatic mission abroad
shall issue a visa according thereto,
Even though a person subject to
the visa issuance under section
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.)
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 of the Decree.
- 42 -
The head of the branch office or
sub-branch office shall, if he grants
an entry permission under section
of this Article, stamp an entry
inspection seal on the passport, etc,
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.
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 -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.
- 43 -
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.
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.
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
- 44 -
permit or explanatory notes and the
attaching documents depending upon
the status of stay.
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
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.
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.
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
- 45 -
1st, 1997>
Article 15 (Entry Permission for
Tourism, etc.)
A branch officer may permit the
entry into Korea, with respect to a
person who falls under Article 8,
section -2 of the Decree and who
is a national of a country designated
by the Ministry of Justice.
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 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
- 46 -
period of stay according thereto.
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
has been granted entry permission
under section 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
.
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 .
Article 16 (Issuance of Foreigner
Entry Permit by Head of Office, etc.)
A national of a country without
diplomatic relations or a specific
- 47 -
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
unavoidable circumstances pursuant
to Article 7, section of the Act,
apply for a foreigner entry permit to
the head of the branch
office/sub-branch office.
A person who intends to apply for
a foreigner entry permit under
section 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
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
- 48 -
of the public officials who belong to
the relevant agency being stationed
at the port of entry and departure.
The head of the branch
office/sub-branch office shall write
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 of
this Article. In this case, the
provisions of the latter part of
Article 8, section 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.)
To the following person, the Certificate
of Eligibility for Visa Issuance will be issued
under Article 9-3.
- 49 -
Article 9 (A Certificate of Eligibility
for Visa Issuance)
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- .
2003; August 23,2004; March 5, 2007; June
1, 2007; July 3, 2008>
1. A national of a country without
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)
3. A person who is deemed
necessary, in particular, by the
Minister of Justice.
A person who intends to be
issued a CEVI under Article 9 of
- 50 -
Revised Dec.5, 2002
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
foreigner on behalf of the latter.
The objects, criteria and
procedures for issuing a Certificate
of Eligibility for Visa Issuance as
prescribed in paragraph shall be
determined by the Justice Minister's
Order.
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
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")
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 of this
Article, verify the criteria for
issuing a CEVI under Article 17,
section , together with his opinion,
and send it to the Minister of
Justice.
1. 2.
3.
a CEVI by electronic documents
under the provisions of the Act on
Promoting the Electronization of
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 .
The Minister of Justice may
deliver a CEVI to the inviter
directly, notwithstanding the
provisions of section of this
Article, if there exist unavoidable
circumstances that may not transmit
a CEVI by electronic documents,
such as the Immigration Control
- 52 -
Information System(ICIS) has not
been installed at the Korean mission
overseas.
When the Minister of Justice finds
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.
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.
2006.8.2.>
Article 17-2 (Visa Issuance by stay
of foreigners)
- 53 -
A person who has been notified of
the contents of a CEVI including the
number of a CEVI under Article 17,
section may record the number of
a CEVI in an application form for
visa issuance and apply for a visa
issuance to the head of the Korean
mission overseas.
A person who has been delivered
a CEVI under Article 17, section
may apply for a visa issuance to the
head of the Korean mission
overseas, affixing an application form
for visa issuance to a CEVI.
The head of the Korean mission
shall issue a visa to a person
applying for a visa issuance under
sections and of this Article
according to contents of a CEVI or
the number of a CEVI,
notwithstanding the provisions of
Article 8 of the Decree.
The head of the Korean mission
overseas shall take back the relevant
CEVI when he issues a visa to a
- 54 -
person applying for a visa issuance
under section of this Article.
Article 17-3 (Criteria for Issuing a
stay of foreigners)
The provisions of Article 9-2
shall apply to the criteria for issuing
a CEVI pursuant to the provisions of
Article 9, section .
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
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 through
of the Act, Article 21, section
of the Act or Article 33-2,
subsection of the Act, and who
has been sentenced to imprisonment
without labor or heavier punishment,
- 55 -
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
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 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
- 56 -
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.
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
- 57 -
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 of the Act for
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 through of this
Article, and is determined separately
by the Minister of Justice.
Article 18 (Effect of stay of
foreigners)
The validity period of the CEVI
- 58 -
Article 10 (Status of Stay)
A foreigner who intends to enter
Korea shall obtain a status of stay
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
period of the CEVI.
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 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.
- 59 -
as prescribed in the Presidential
Executive Order. Revised Dec.12,
1996
The maximum period of stay given
each time shall be determined by the
Justice Minister's Order in
correspondence to each status of
stay. Revised Dec.12, 1996
Article 11 (Prohibition of Entry, etc.)
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
Article 12 (Classification of status of stay)
Status of stay of foreigners under Article
10 of the Act shall be as the attached
Table 1. [This Article Wholly Revised,
1997.6.28]
Article 13 (Management of Data on
Persons Prohibited from Entry)
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.
Deleted. <2002. 4.18.>
- 60 -
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
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,
Article 14(Request for the Prohibition of
Entry and Lifting of such a Request)
The head(s) of central administrative
agency(agencies) and relevant
agency(agencies) as decided by the Minister of
Justice may request for the prohibition of entry
or for the refusal of entry when he finds a
foreigner(s) subject to the Prohibition of Entry
in Article 11-1 of the Act or to the Refusal of
Entry in section 2 of the same article.
But the request for the prohibition of entry with
regard to the works related with the head(s)
of city, county, or district are to be made by
the mayor of the Metropolitan city the greater
city or by the Provincial Governor.
The requesting procedure for the prohibition
of entry or the refusal of entry is applicable
to
Article 2-2, Article 2-2-2, Article 2-3-3 and
Article 4, but not to the matters related with
the expected period for the prohibition of entry
or the refusal of entry.
When the head(s) of the requesting
agency(agencies) for the prohibition of
- 61 -
ethnicity, religion, nationality,
political opinion, etc. under
instructions from or in liaison with
the Japanese government, any
government which was in alliance
with the Japanese government, or
any government on which the
Japanese government exercised
predominant influence from August
29, 1910 until August 15, 1945; and
8. Other persons similar to those
specified under sub-paragraphs 1
through 7, whose entry is deemed
inappropriate by the Minister of
Justice
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 , the Minister of
Justice may refuse the entry of such
foreigner for the same reason.
Article 12 (Entry Inspection)
entry or the refusal of entry find the
underlying reason
, no longer relevant he/she shall
immediately request
the lifting of the prohibition of entry or the
refusal of entry out of the Minister of
Justice. [Wholly revised March 22, 2008]
Article 19 (Entry Inspection of
Foreigners, etc.)
The provisions of Article 1 of the
Decree shall apply to the matters
regarding the verification of
inspection if a branch officer
conducts an entry inspection under
Article 15, section of the Decree.
A foreign crew member shall
undergo an entry inspection
conducted by the branch officer
under Article 15, section 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.
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.
- 62 -
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.
The proviso of Article 6- shall
be mutatis mutandis applicable to the
case as referred to in paragraph .
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
Article 15 (Entry Inspection)
The provisions of Article 1 through
shall apply mutatis mutandis to the
entry inspection of foreigners under
Article 12 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.
An immigration officer shall, where he
decides not to permit the foreigner's
entry under Article 12 of the Act, if
s/he deems that such matters are
important, report thereon without delay
to the Minister of Justice. 2002. 4.18.>
Deleted. <1995.12. 1.>
An immigration officer shall, when the
persons falling under Article 7 2 of
the Act enter, imprint an entry inspection
stamp under paragraph , and enter such
Article 20 (Correction of Visa
Contents, etc.)
When a branch officer corrects the
contents of visa under Article 15,
section 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.
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.
- 63 -
as prescribed in Article 11.
If an immigration officer deems
that a foreigner fails to meet any of
the requirements as referred to each
subparagraph of paragraph , s/he
may refuse to grant entry
permission. Revised Mar.24,2005
Upon allowing entry permission to
a foreigner falling under Article 7-
-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
An immigration officer may board
vessels, etc. for the purpose of
conducting the inspection as referred
to in paragraph or .
The provision of Article 5- shall
be applied, mutatis mutandis, to the
case as referred to in paragraphs
and . Revised Dec.12, 1996
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
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.
Deleted. <1994. 6. 30.>
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.
The provisions of Article 6 and
shall apply mutatis mutandis to the
custody of forged or altered passport,
etc. under Article 12 of the Act and
the procedures for relevant notification:
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
verifying whether or not there are
entry and departure records in
his/her former passport.
Article 21 (Entry of Persons subject
to Status of Forces Agreement)
When a branch officer conducts an
entry inspection under the provisions
of Article 15, section 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
- 64 -
Article 12-2 (Prohibition on the
provision of vessels, etc.)
No one shall provide or arrange
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
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 )
The provision of Article 5- shall
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 are applied
mutatis mutandis.
The provisions of Article 1 shall
apply mutatis mutandis to the procedures
for an entry of a foreign crewman
employed at the ship, etc. of the Republic
of Korea.
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,
section of the Decree or a seal
of permission for change of status
under Article 30, section , the
preceding provisions shall be
applicable.
Article 22 (Conditional Entry
Permission)
When the head of the branch
office/sub-branch office intends to
grant a conditional entry permit
under the provisions of Article 13,
section , subsection of the Act,
he/she shall receive documents or
details demonstrating the unavoidable
reasons that do not meet the
- 65 -
be applied, mutatis mutandis, to the
case of a forged or altered passport
or a Seaman's Identification
Certificate.
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)
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 16 (Conditional Entry Permission)
The head of the branch office or
sub-branch office may, when he permits
a conditional entry under Article 13
requirements under Article 12,
section , subsection .
When the head of the branch
office/sub-branch office issues a
conditional entry permit under
Article 13, section of the Act,
he/she shall record the fact in the
register of issuance of a conditional
entry permit.
The provisions of Article 19,
section shall apply to the entry
inspection conducted by a branch
officer under Article 16, section
of the Decree.
- 66 -
Article 12- -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
of Article 11- , or of having failed
to meet the requirements as
prescribed in Article 12- -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.
The head of office or branch office
shall, when granting conditional entry
permission as referred to in
paragraph , 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
of the Act, set the permission period
within the limit of 72 hours.
The head of the branch office or
sub-branch office may, when the
foreigner subjected to a conditional entry
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 .
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 of the Act within the relevant
permission period, conduct an entry
inspection under Article 15 . In this
case, the date of entry shall be that of
the conditional entry permit. 1997. 6.28.>
An immigration officer shall, when he
conducts an entry inspection under
- 67 -
deposit a bond not exceeding ten
million Won.
The head of office or branch office
may revert the whole or part of the
deposited bond to the National
Treasury, when the foreigner who
had obtained conditional entry
permission as prescribed in paragraph
breaches any conditions imposed
under the permit.
The procedures for the deposit,
return, and reverting to the National
Treasury of the bond as prescribed
in paragraphs and shall be
determined by the Presidential
Executive Order.
paragraph , recover the written
conditional entry permit from the
relevant foreigner.
An immigration officer shall, when the
foreigner subjected to a conditional entry
permission leaves the country without
undergoing an entry inspection under
paragraph , recover the written
conditional entry permit from him.
Article 17 (Deposit and Return of Bond,
and Procedures for Reversion to National
Treasury)
The head of the branch office or
sub-branch office shall, when he
requires a foreigner to deposit a bond
under Article 13 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.
The head of the branch office or
sub-branch office shall, when he
receives the bond under paragraph ,
notify the relevant foreigner that such
- 68 -
bond may be reverted to the National
Treasury if he violates the conditions
specified by Article 13 of the Act, and
the procedures for the deposit and
payment of the bond shall be governed
by the procedure for handling the money
kept in the Government's custody.
The bond deposited under paragraph
shall be returned to the relevant
foreigner, when he undergoes an entry
inspection under Article 16 , or when
he leaves the country on account of
failing to meet the requirements under
each subparagraph of Article 12 of
the Act within the permission period.
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
- 69 -
Treasury.
The head of the branch office or
sub-branch office shall, when he intends
to revert the bond to the National
Treasury under paragraph , deliver a
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 Regulation
SECTION 2 Landing of a Foreigner SECTION 2 Landing of a Foreigner
SECTION 2 Landing of a Foreigner
- 70 -
Article 14 (Landing Permission for
crew members)
If a foreign crew intends to land
for the purpose of transferring to
another ship, etc. or taking a rest,
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. 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.
An immigration officer shall
examine the documents in the
Article 18 (Landing Permission for crew
members)
A head of ship, etc. a forwarder, or
a crewman himself shall, when he intends
to apply for a landing permission for
crewmen under Article 14 of the Act,
submit an application for landing
permission to the immigration officer.
"The document(s) prescribed by the
Presidential Executive Order" under Article
14-2-2 of the Act indicate(s) the Certificate
of Planned embarkation or e-documents
containing the description about the planned
entry of foreign crews.
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
Article 18-2 (Multiple Landing Permission
Article 23 (Landing Permission for a
National of a Country Without
Diplomatic Relations) When a
branch officer deems it necessary to
grant a landing permit for a national
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
- 71 -
following sub-paragraphs, when the
application under paragraph is
made.
1. A Seaman's Identification
Certificate, where the foreign crew
falling under paragraph -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
-2 is a seaman; Provided, a
passport only in case where the
person is the one who falls under
Article 7- -3; and
3. A passport, if the foreign crew
belongs to other categories of
seamen.
An immigration officer shall issue
a Crew Landing Permit, when
allowing the landing pursuant to
paragraph . In this case, the Crew
Landing Permit may include the
duration of permission, restrictions
on the area of activity, and other
of Crewmen)
An immigration officer may, upon
permitting crew's landing under Article
14 of the Act to a foreign crew of the
ship, etc. which regularly plies or
frequents the Republic of Korea, grant
a multiple landing permission which
allows two or more landings within the
set period of time.
An immigration officer shall, upon
granting permission under paragraph ,
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.
Definite criteria for a multiple landing
permission for crews under paragraph
shall be separately prescribed by the
Minister of Justice.
The provisions of Article 18 shall
apply mutants mustangs in the case of
paragraph .[This Article Newly Added,
1994.6.30.]
office/sub-branch office recognizes
that it is difficult to decide.
When a branch officer grants a
landing permit for a national of a
country without diplomatic relations,
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
- 72 -
necessary conditions.
The provision of Article 12-
shall be applied, mutatis mutandis, to
landing permission for the foreign
crew falling under paragraph -2,
notwithstanding the provision of the
latter part of paragraph .
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.
The Crew Landing Permit issued
under the provision of the latter part
of paragraph 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)
An immigration officer may allow,
with the maximum period of landing
not exceeding 30 days, emergency
Article 19 (Emergency Landing
Permission)
The head of the ship, etc. or a forwarder
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
the immigration (branch/sub-branch)
office.
- 73 -
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
application by the head of the
vessel, etc. or the carrier.
The provisions of Article 14-
and shall be applied, mutants
mustangs, to the case of paragraph
. 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
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
shall, when he intends to apply for an
emergency landing permission for a
foreigner on board the ship, etc. under
Article 15 of the Act, submit to the
immigration control official a written
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 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.
- 74 -
Permission)
The head of office or branch office
may allow, with the maximum period
of landing not exceeding 30 days,
disaster landing permission to a
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.
The provisions of Article 14-
and shall be applied, mutants
mustangs, to the case of paragraph
. In this case, the "Crew Landing
Permit" shall be interpreted as the
"Disaster Landing Permit" and "Crew
Landing Permission" as "Disaster
Landing Permission".
The provision of Article 15-
shall be applied, mutants mustangs,
- 75 -
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
Dec.12. 1996
Article 16-2 (Temporary Landing
Permission for Refugees)
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 1 A 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
Article 20-2 (Temporary Landing
Permission for Refugees)
A foreigner on board of the ship, etc.
shall, when he intends to apply for a
temporary refuge landing permit under
Article 16-2 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.
The head of the branch office or
sub-branch office shall, upon receipt of
Article 24-2 (Register of Issuance of
Temporary Landing Permit for
Refugees)
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
of the Act.
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
- 76 -
Minister of Justice shall consult with
the Minister of Foreign Affairs and
Trade. Revised Dec.5, 2002
The provision of Article 14-
and shall be applied, mutants
mustangs, to the case of paragraph
. 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
a written application under paragraph ,
forward it along with his opinions to the
Minister of Justice.
The head of the branch office or
sub-branch office shall, when the
Minister of Justice grants approval to the
application under paragraph , 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)
Where a person subjected to a landing
permission under Article 14 , 15 , 16
Justice.
Article 24-3 (Revocation of Various
Landing Permits, etc.)
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,
- 77 -
or 16-2 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
of landing permission, indicating the
reasons for such extension, to the head
of the branch office or sub-branch office.
Where there exists an application for
extension under paragraph , the
extendable period at one time shall not
exceed the period under Article 14 ,
15 , 16 or 16-2 of the Act,
respectively.
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
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)
When a branch officer takes back
the landing permit under section
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,
- 78 -
etc. of Landing Permittees)
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
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.
The head of the branch
office/sub-branch office having been
notified under section 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.
- 79 -
Immigration Control law Enforcement Decree Enforcement Regulation
CHAPTER 4. STAY AND
DEPARTURE OF FOREIGNERS
SECTION 1. Stay of Foreigners
Article 17 (Stay of a Foreigner and
the Scope of Activities)
A foreigner may stay in Korea
within the scope of the status of
stay and the period of stay.
No foreigner staying in Korea shall
CHAPTER STAY AND DEPARTUR
E OF FOREIGNERS
SECTION 1. Stay of Foreigners
Article 22 (injunction order)
When he intends to order the injunction
of activities under Article 17 of the
Act, the Minister of Justice shall deliver
directly, or through the head of the branch
CHAPTER 3. STAY AND
DEPARTURE OF FOREIGNERS
SECTION 1. Stay of Foreigners
Article 26 (Report on the Persons
subject to the Injunction of
Activities)
The head of the branch
office/sub-branch office shall report
the facts to the Minister of justice
- 80 -
engage in any political activities,
unless provided by this Act or other
Acts. Revised Mar.24, 2005
If a foreigner staying in Korea is
engaged in any political activities,
the Minister of Justice may order
him/her in writing to stop doing such
activities or take other necessary
measures.
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,
such measures as forced removal are to
be taken, and other necessary matters
thereon.
without delay, when he finds a
person who is subject to the reasons
under Article 11, section ,
subsection of the Act, and who is
considered as doing political
activities under Article 17, section
of the Act.
When the head of the
sub-branch office makes a report
under section 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)
When the head of branch
office/sub-branch office delivers a
injunction order of activities under
Article 22 of the Decree, he shall
- 81 -
Article 18 (Restriction on
Employment of Foreigners)
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.
A foreigner who has obtained the
status of stay as referred to in
paragraph shall be employed only
at the designated place of work.
No one shall employ a person who
does not have the status of stay as
referred to in paragraph .
No one shall arrange or induce, as
Article 23 (Foreigner's Employment
and status of stay)
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)
Aug.17, 2004; Feb.28,2007;
June1, 2007>
take a receipt.
When the head of the branch
office/sub-branch office deems
necessary in delivering the injunction
order of activities under section
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)
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)
The term "activities(acts) which
are contrary to good public morals
and other social orders such as
speculative acts, etc. means
- 82 -
referred to in paragraph , a person
who does not have the status of
stay to be employed .
No one shall put anyone who has
not obtained the status of stay as
referred to in paragraph under
his/her control for the purpose of
arranging employment.
Notwithstanding the provisions of
paragraph , 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
stay:
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.
Notwithstanding the provisions of
paragraph , 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
activities falling under any of the
following sub-sections. (Revised,
Jul.8.2005)
1. Activities of employment in the
places of speculative acts specified
in Article 2, section , subsection
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 of the Food Sanitation
Act and Article 7, subsection 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
- 83 -
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
do so: 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.
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 , be exempted from a
restriction on his activities pursuant to
the classifications of status of stay.
The provisions of paragraph shall
apply mutants mustangs to the case
Morals and Article 2 of the
Enforcement Decree of the same
Act.
The specific scope of restrictions
on employment activities of
Overseas Korean Residents under
the provisions of sections and
of this Article and Article 23,
section 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.
Article 19 (The Reporting Obligation
of Those Employing Foreigners)
An employer of a foreigner who
has, as prescribed in Article 18- ,
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;
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.
Definite scope of each subparagraph
of paragraph shall be prescribed by
the Justice Minister's Order.
Article 24 (Reporting by Persons, etc.
Employing Foreigners)
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.
For the purpose of Article 19 3 of
the Act, the term "where important
Article 28 (Examination of Facts
Reported by an Employer of a
Foreigner)
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 of the Decree, he shall
examine the facts without delay and
take necessary measures therefore.
The head of the branch
office/sub-branch office shall record
the results of processing under
section of this Article in the
register of a report on the change in
- 85 -
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.
The provision of paragraph
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.)
The government shall take
necessary measures to protect
contents of the employment contract are
changed" means the time when falling
under any of the following
sub-paragraphs:
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 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
circumstances of a foreign employee
or industrial trainee.
- 86 -
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.
What is necessary regarding the
designation of Industries referred to
in paragraph shall be determined
by the Presidential Executive Order.
Newly Added Dec.13, 1997
Article 19-3 (Management of
Industrial trainees, etc.)
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.
The necessary matters for the
management of industrial trainees
under the provision of paragraph
Training, etc.)
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:
1. Industries which directly invest in a
foreign country pursuant to Article 3
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 of the Foreign Trade Act;
and
4.
Article 24-3 (
and recruitment related to entry of
industrial trainees shall be regulated
by the Presidential Executive Order.
The Minister of Justice may
permit the persons satisfying certain
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 and
shall be applied, mutants mustangs,
to the management of industrial
trainees.
Newly Added Dec.13, 1997
2007>
Article 24-4(Recruitment and
Management of Industrial Trainees)
Industries under Article 24-2 1
through 3 shall recruit industrial trainees
who are foreigners according to the
following:
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
- 88 -
industrial plants.
The head of an industry under
paragraph or the head of a recruiting
agency under paragraph shall not
recruit foreigners falling under any of the
following sub-paragraphs as industrial
trainees:
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 of the Act.
The head of competent government
- 89 -
Article 19-4 (Management of
International Students, etc.)
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
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.
Deleted. <2007.6.1>
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
Article 24-5 through 24-7 Deleted
Article24-8 (Management of Internation
al Students, etc.)
Under Article 19-4-1, a school head
shall do the following functions;
1. Management of the attendance and a
bsence, accreditation, etc. of internatio
nal students as prescribed in Article 1
- 90 -
to the head of office or branch
office.
When any of reasons falling under
the following sub-paragraphs has
occurred, the head of a school,
under the provision of paragraph ,
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.
The necessary matters for the
management of international students
shall be regulated by the
Presidential Executive Order.
Newly Added Mar.24, 2005
9-4-1.
2. proper and necessary consulting with int
ernational students to prevent getaways
3. Notice(inclusive of electronic notice)
of such a managed consulting to the he
ads of branches or sub-branches of i
mmigration office under the above sub
-article 1 and 2
the works of sub-section 1 can be
delegated to the person in charge unde
r Article 19-4-1.
Minister of Justice can make the det
ails as to the works of sub-section 1
of this article.
- 91 -
Article 20 (Permission for Engaging
in Activities not Covered by The
status of stay)
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)
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.
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.
- 92 -
Article 21 (Change and/or Addition of
Working Place)
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.
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 , except when the
The head of the branch office or
sub-branch office shall, upon receipt of
an application form under paragraph ,
forward it without delay to the Minister
of Justice with his opinions attached
thereto.
The head of the branch office or
sub-branch office shall, when the
Minister of Justice approves the
application under paragraph , 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.
Article 26 (Permission for Change
and/or Addition of Workplace)
A person who intends to obtain
- 93 -
employment was arranged by other
Acts.
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.
permission for the change or addition of
a workplace under Article 21 of the
Act shall submit to the head of the branch
office or sub-branch office a written
application for permission for the change
or addition of a workplace, along with the
documents as prescribed by the Justice
Minister's Order.
Upon receipt of a written application
under paragraph , 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.
When the Minister of Justice grants a
permit to an application under paragraph
, 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.
Article 27 (Restriction on Scope of
Activities)
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
- 94 -
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
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,
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)
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.
If any urgency is required in the case
of Article 22 or 27, the notice
provisions of Article 27 of the
Decree.
Article 31 (Report on Persons who
received the Injunction Order)
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.
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 , he shall recommend the
Minister of Justice of its revocation.
- 95 -
birth in Korea, etc. shall obtain a
status of stay, as prescribed in the
Presidential Executive Order, within
30 days since such events occurred.
Article 24 (Permission for the
Change of the Status of Stay)
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.
A person, falling under any
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.
Article 29 (Grant for status of stay)
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.
When granting a status of stay under
paragraph , the Minister of Justice shall
fix the period of stay, and notify the head
of the branch office or sub-branch office
thereof.
Upon receipt of a notice under
paragraph , 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.
- 96 -
subparagraph of paragraph 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
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.
the status of stay)
A person who intends to obtain
permission for a change of status of stay
under Article 24 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.
Upon receipt of a written application
under paragraph 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.
When the Minister of Justice grants a
permit to the application under paragraph
, 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.
Article 32 (Permission for the
Extension of the Period of Stay for
Departure)
The head of the branch office
/sub-branch office may extend
his/her period of stay if a person
- 97 -
Article 26 Deleted <1996.12.12 Article 31 (Permission for the Extension of the Period of Stay)
A person who intends to obtain
permission for the extension of period
of stay under Article 25 of the Act shall
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.
Upon receipt of a written application
under paragraph , 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.
When the Minister of Justice grants a
permit to the application under paragraph
, 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
whose authorized period of stay is
going to expire falls under any of the
following sub-sections.
1. When a registered 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.
A person who intends to get
permission for extension of stay
under section 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.
When the head of the branch
office/sub-branch office permits the
extension of stay under section
of this Article, the fee for extension
- 98 -
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
registration.
Article 32 Deleted. <1997.6.28.>
Article 33 (Departure Notice When
Permission for Extension, etc. of the
Period of Stay is not Granted)
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.
The deadline for departure shall be
clarified within the limit not exceeding
14 days from the relevant issuing date,
of stay is not required.
Article 33 (Postponement of Term of
Departure, Extension of Deadline for
Departure)
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.
A person who intends to postpone
the term of departure pursuant to
section 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
- 99 -
on the disapproval notice on the extension
of period of stay, etc. under paragraph
: provided that the expiration date of
permitted period of stay may, if deemed
necessary, be substituted for the deadline
for departure.
data proving the reason therefore.
If the postponement of term of
departure is deemed necessary as a
result of examining the application
documents pursuant to section of
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.
Article 34 (Application and Receipt
of Various Permissions, etc.)
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,
- 100 -
section 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
Minister of Justice.
Matters necessary for the
application and receipt by any
representative under section of
this Article shall be determined by
the Minister of Justice.
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.
- 101 -
Article 27 (Carrying and Presentation
of Passport, etc.)
A foreigner staying in Korea shall
always carry his/her passport,
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
When an immigration officer or
other authorized public officer, in
carrying out his/her mission, requires
a foreigner under the text of
paragraph to present a passport,
etc. the foreigner shall comply with
it.
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
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)
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
Among the statuses of stay in
Table 1 of the Enforcement Decree,
- 102 -
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
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
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.
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
- 103 -
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
passport, etc. the purport that the
passport holder shall leave within the
permitted period of stay.
said fact.
Immigration Control law Enforcement Decree Enforcement Regulation
SECTION 2 Departure of
Foreigners
Article 28 (Departure Inspection)
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.
The proviso of Article 3- shall
SECTION 2 Departure of Foreigners
Article 35 (Departure Inspection)
The provisions of Article 1 through
shall apply mutants mustangs to the
departure inspection of foreigners under
Article 28 of the Act: provided that
the departure inspection stamp may be
omitted from the passport, etc.
When a foreign crew employed on the
SECTION 2 Departure of
Foreigners
Article 39 (Departure Inspection of
Foreigners)
The departure inspection of foreigners
prescribed in Article 35 of the Decree
shall be made in accordance with the
provisions of Article 1.
A foreigner who has entered and
intended to board the vessel, etc.
which is anchoring in the territory of
- 104 -
apply, mutants mustangs, to the case
as referred to in paragraph .
The provision of Article 5-
shall apply, mutants mustangs, to
the case as referred to in
paragraphs and .
The provision of Article 12-
shall apply, mutants mustangs, to
the case as referred to in
paragraphs and . Newly
Added Dec.12, 1996
ship, etc. of the Republic of Korea departs
from the country, the provisions of Article
1 and shall apply mutants mustangs
to the procedure for relevant departure.
The provisions of Article 15 shall
apply mutants mustangs to the custody
of forged or altered passport, etc. and
the procedures for relevant notice under
Article 28 of the Act.
Korea as a status of crew members
shall undergo a departure inspection
under Article 35 of the Decree.
The provisions of Articles 2 and 3
shall apply, in relation to the
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.
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
of the Decree.
When he/she conducts a departure
inspection under section 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,
- 105 -
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-
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
evoked)
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-
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,
etc. and send them to the head of
the branch office/sub-branch office/
immigration detention center who
issued thereon.
- 106 -
Article 30 (Permission of Re-entry)
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- , 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, 200
2
The re-entry permission
prescribed in paragraph is
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
Article38(Delegation of Power on the
extension period for the reentry)
If a foreigner who was permitted reent
ry under Article 30-4 cannot come ba
ck to Korea due to the absence of the
properly scheduled vehicles, illness, or
any other unavoidable circumstances, th
e Minister of Justice may delegate the
power to the head of Korean diplomati
c missions overseas to permit such a f
oreigner applicant to re-enter Korea n
ot 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)
A person who intends to get the
re-entry permit under Article 30
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.
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 of this Article.
The period of re-entry permit
shall be determined(set) within the
scope(range) of the period of stay
authorized.
- 107 -
classified into a single re-entry
permission valid for one time and a
multiple re-entry permission valid
for twice or more times.
If a foreigner is unable to
re-enter Korea within the period
authorized under the provision of
paragraph 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.
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.
The criteria and procedures
regarding re-entry permission,
permission of its period extension
and exemption from re-entry
permission shall be prescribed by
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
the re-entry permit sticker on it
when the Minister of Justice
approves the application for the
re-entry permit under section .
However, the re-entry permit shall
be issued to a stateless person or a
national of a country prescribed in
Article 7 of the Act.
Article 39-3 (Permission for
Extension of Re-entry Permit)
A person who intends to get the
"permission for extension of re
entry permit" under Article 30 of
the Act shall submit to the head of
the Korean mission overseas an
application for permission for
extension of re-entry permit, along
- 108 -
the Justice Minister's Order.
Revised Dec.5, 2002
with the data proving the reason
therefore.
The period of permission for
extension of re-entry permit shall
be set within the period of three
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.
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 30 of the Act
shall be determined by the Minister
of Justice, considering the principle
- 109 -
of reciprocity.
Article 41 (Period of Re-entry
Permit)
The maximum period of re-entry
permit shall be as follows:
1. A single re-entry permit : 1 year
2. A multiple re-entry permit : 2
years
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 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
- 110 -
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
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).
- 111 -
Article 43 (Verification, Endorsement
of Re-entry Permit by the head of
the Korean Mission Overseas)
The head of the Korean mission
overseas shall make inquiries of the
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.
When the Minister of Justice
receives the inquiries under the
provisions of section 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.
When the head of the Korean
- 112 -
mission overseas receives a reply
under section of this Article, he
shall stamp a seal of re-entry
permit verification on the applicant's
new passport and sign thereon.
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 and of this Article.
Article 44 (Approval of Permission
for Extension of Re-entry Permit)
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.
2003.9.23>
When the head of the Korean
mission overseas intends to obtain
the approval under section of this
Article, he shall deliver the request
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.
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.
In accordance with Article 44 ,
when the petition is approval, the
Minister of Justice shall notify the
head of branch office or immigration
- 114 -
branch of the approval.
Article 44-2 (Standards for
Exemption from (of) Re-entry
Permit of Permanent Residence
Status Holders, etc.)
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.
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 above departs from
the country.
The provisions of Article 39-3
shall apply to the extension of
period of exemption from re-entry
permit for one who falls under
- 115 -
Immigration Control law Enforcement Decree Enforcement Regulation
CHAPTER 5. REGISTRATION OF
FOREIGNERS, ETC.
SECTION 1 Registration of a
Foreigner
Article 31 (Registration of Foreigner )
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:
CHAPTER REGISTRATION OF
FOREIGNERS, ETC.
SECTION 1 Registration of a
Foreigner
Article 40 (Registration of Foreigner, etc.)
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
CHAPTER 4. REGISTRATION OF
FOREIGNERS, ETC.
SECTION 1 Registration of a
Foreigner
Article 45 (Exception to Registration
of the Foreigner )
A person who falls under Article 31,
section , subsection 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
When he determines to exempt the
foreigner registration under the
provisions of section above, the
section above.
- 116 -
1. Staffers and their families of
foreign diplomatic missions
(including embassies and consulates)
and international organizations in
Korea;
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.
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 .
A person who obtained permission
for the change of status of stay
pursuant to Article 24, and continues
of stay").
The head of the branch office or
sub-branch office having proper
jurisdiction over the place of stay shall,
upon receipt of an application for
foreigner registration under paragraph
, 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.
Article 40-2 (Systems for Number of
foreigner registration)
The number of foreigner registration
to be given under Article 40 shall be
a 13-place number which indicates a date
of birth, gender, or a registration office,
etc.
The foreigner registration number shall
be one number per head, and a number
already used shall not be used again.
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
of the office or sub-branch office
having proper jurisdiction over the
place of stay").
Article 46. Deleted <2002.4.18.>
- 117 -
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
the provision of paragraph .
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 through
.
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
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]
Article 47 (Matters of Foreigner
Registration)
Matters of foreigner registration
- 118 -
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
stay
6. Other items prescribed by the
Justice Minister's Order.
Article 33 (Issuance of a certificate
of foreigner registration)
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.
When a foreigner to whom a
certificate of foreigner registration is
Article 41 (Issuance of a certificate of
foreigner registration)
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,
under Article 32, subsection of
the Act shall be as follows ;
(Revised, Jul. 20, 1994)
1. Date of entry and port of entry
2. Matters regarding visas
3. Matters about an accompanying
person
4. The head of household and relation
to him/her
5. Business registration number
- 119 -
not issued under the provision in
paragraph 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
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- and using it
enter the relevant fact on the issuance
ledger of certificates of foreigner
registration.
The case where the head of the branch
office or sub-branch office having proper
jurisdiction over the place of stay may
not issue certificates of foreigner
registration under the provision of Article
33 of the Act, shall be limited to such
case where his parents or the persons
under Article 89 request that a
foreigner registered as being short of 17
years old be entered as the dependent
in his certificate of foreigner registration.
When he applies for an issuance of a
certificate of foreigner registration under
Article 33 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
- 120 -
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
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, 200
2
having jurisdiction over the place of stay.
Article 42 (Reissue of foreigner
registration Certificates)
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: