Article 1 (Purpose)

The 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 by Act No. 10282, May 14, 2010]

Article 2 (Definitions)

The terms used in this Act shall be 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/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]

Enforcement Ordinance