Immigration Act

By KOREAN LAW CENTER

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• Language: English
• Publisher: KOREAN LAW CENTER
• Release date: Sep 5, 2022
• ISBN: 9788967843755

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The code of KOREAN LAW 6

IMMIGRATION ACT

Park, Hwiyong

IMMIGRATIONACT

[Enforcement Date 13. Jul, 2021.] [Act No.18295, 13. Jul, 2021., Partial Amendment]

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

T

he purpose of this Act is to provide for matters concerning safe border controls through the immigration control of all nationals and aliens who enter or depart from the Republic of Korea, control over the stay of aliens in the Republic of Korea, and social integration, etc.  

[This Article Wholly Amended on May 14, 2010]

Article 2 (Definitions)

T

he terms used in this Act are defined as follows:  

1. The term national means a national of the Republic of Korea;

2. The term alien means any person who is not a national of the Republic of Korea;

3. The term refugee means a refugee defined in subparagraph 1 of Article 2 of the Refugee Act;

4. The term passport means a passport or refugee travel document issued by the Government of the Republic of Korea, any foreign government or competent international organization, or any other document substituting the passport, which are deemed valid by the Government of the Republic of Korea;

5. The term seafarers’ identity document means a document issued by the Government of the Republic of Korea or a foreign government, which certifies that its holder is a seafarer;

6. The term port of entry and departure means a harbor, airport or other places prescribed by Presidential Decree in the Republic of Korea, through which any person may enter or depart from the Republic of Korea;

7. The term head of an overseas diplomatic mission means an ambassador, minister, consul-general or consul of the Republic of Korea residing in a foreign country, or the head of an organization carrying out consular affairs;

8. The term ship, etc. means any ship, airplane, train, automobile and other means of transportation which transport persons or things between the Republic of Korea and any area outside the Republic of Korea;

9. The term crew means any person who is engaged in any capacity on board a ship, etc.;

10. The term forwarding agent means any person who operates any business using a ship, etc., and a person who executes any transaction belonging to the business of the said person on behalf of him or her;

10-2. The term regional immigration service means a government office and an immigration detention center established by region pursuant to any statute to perform affairs for controlling immigration and the stay of aliens;

11. The term detention means an immigration control official’s enforcement activities taking into custody or impounding a person having reasonable grounds to be suspected of falling under persons subject to deportation under the subparagraphs of Article 46 (1) at an immigration detention unit, immigration detention center or other place designated by the Minister of Justice;

12. The term immigration detention unit means a place provided at a Regional Immigration Service for the purpose of detaining aliens under this Act;

13. The term immigration detention center means facilities established at a Regional Immigration Service for the purpose of detaining aliens under this Act, and prescribed by Presidential Decree;

14. The term immigration offender means any person deemed to have committed any of the offences prescribed in Articles 93-2, 93-3, 94 through 99, 99-2, 99-3 and 100;

15. The term biometrics information means personal information, such as the fingerprint, face, iris, and palm vein of a person, which is used for verifying the identity of the person for the duties performed pursuant to this Act.

[This Article Wholly Amended on May 14, 2010]

CHAPTER II NATIONALS’ ENTRY INTO AND DEPARTURE FROM THE REPUBLIC OF KOREA

Article 3 (Nationals’ Departure from the Republic of Korea)

(1) A national who intends to depart from the Republic of Korea to an area outside the Republic of Korea (hereinafter referred to as departure) shall hold a valid passport and undergo a departure inspection conducted by an immigration control official at the port of entry and departure from which he or she departs: Provided, That if the national cannot depart from a port of entry and departure due to extenuating circumstances, he or she may depart after undergoing a departure inspection conducted by an immigration control official at a place, other than a port of entry and departure, with permission from the head of the competent Regional Immigration Service.  

(2) A departure inspection using an informatization device may substitute for a departure inspection under paragraph (1) , as prescribed by Presidential Decree.

(3) The Minister of Justice may collect nationals' biometrics information or request a related administrative agency to submit nationals' biometrics information held by the administrative agency, if necessary for departure inspections.  

(4) Upon receipt of a request for cooperation under paragraph (3) , no related administrative agency shall reject the request without justifiable ground.  

(5) Immigration control officials may utilize the biometrics information collected or submitted under paragraph (3) for departure inspections.  

(6) The Minister of Justice shall manage the biometrics information collected or submitted under paragraph (3) in accordance with the Personal Information Protection Act.  

[This Article Wholly Amended on May 14, 2010]

Article 4 (Prohibition of Departure)

(1) The Minister of Justice may prohibit a national from departing from the Republic of Korea for a prescribed period not exceeding six months if the national is:  

1. A person pending in a criminal trial;

2. A person whose imprisonment with or without labor has not completed;

3. A person who fails to pay a fine or surcharge of at least the amount prescribed by Presidential Decree;

4. A person who fails to pay national taxes, customs or local taxes of at least the amount prescribed by Presidential Decree by the deadline for payment without good cause;

5. A person who undergoes deliberations and decisions by the Deliberative Committee on Payment of Child Support among obligors for child support under Article 21-4 (1) of the Act on Enforcing and Supporting Child Support Payment;

6. A person equivalent to those referred to in subparagraphs 1 through 5, whose departure is determined inappropriate by Ordinance of the Ministry of Justice, as he or she is likely to harm the national interest, public security or economic order of the Republic of Korea.

(2) The Minister of Justice may prohibit a person from departing from the Republic of Korea for a prescribed period not exceeding one month, if his or her departure from the Republic of Korea is deemed inappropriate for criminal investigations: Provided, That any of the following persons shall be prohibited from departing from the Republic of Korea for the period prescribed in each subparagraph:  

1. A person in respect whom it has been determined to stay prosecution or investigation (limited to suspects) due to his or her unknown whereabouts, or a person in whose case it is impracticable to proceed with investigations due to special reasons, such as flight: Within three months;

2. A person in respect whom it has been determined to stay prosecution or investigation (limited to suspects) and an arrest warrant or bench warrant has been issued: Within the period of validity of the warrant.

(3) The head of a central administrative agency or the head of a relevant agency determined by the Minister of Justice may request the Minister of Justice to prohibit a national’s departure from the Republic of Korea, when he or she deems that the national falls under any subparagraph of paragraph (1) or (2) in connection with the affairs under his or her jurisdiction.  

(4) In conducting a departure inspection, no immigration control official shall permit any person whose departure is prohibited under paragraph (1) or (2) , to depart from the Republic of Korea.  

(5) Except as otherwise provided in paragraphs (1) through (4) , matters necessary in relation to the period of and procedures for prohibition of departure shall be prescribed by Presidential Decree.  

[This Article Wholly Amended on May 14, 2010]

Article 4-2 (Extensions of Period of Prohibition of Departure)

(1) The Minister of Justice may extend the period of prohibition of departure, when deemed necessary to continue to prohibit departure.

(2) The head of an agency who has requested prohibition of departure under Article 4 (3) shall request an extension of the period of prohibition of departure to the Minster of Justice by no later than three days prior to the expiration of such period if it is necessary to continue to prohibit departure in excess of the initial period of prohibition.  

(3) Except as otherwise provided in paragraphs (1) and (2) , matters necessary in relation to procedures for extending the period of prohibition of departure shall be prescribed by Presidential Decree.

[This Article Wholly Amended on May 14, 2010]

Article 4-3 (Revocation of