(1) When a national of the Republic of Korea undergoes a departure inspection under Article 3 of the Immigration Act (hereinafter referred to as the "Act") or entry inspection under Article 6 of the Act, he/she shall present his/her passport to an immigration control official and answer questions: Provided, That an immigration control official may require a national to present a departure/arrival card, along with his/her passport, in any of the following cases:

1. If the immigration control official is unable to obtain departure/entry records of individuals by using informatization devices, such as automatic passport readers, in conducting a departure or entry inspection;

2. If the immigration control official conducts a departure or entry inspection at any place other than a port of departure or entry;

3. Other cases specified by Ordinance of the Ministry of Justice.

(2) When an immigration control official conducts a departure inspection or entry inspection under paragraph (1), he/she shall check a national's eligibility for departure from or entry into the Republic of Korea, and other necessary matters.

(3) When an immigration control official completes a departure or entry inspection under paragraph (1) or (2), he/she shall place an entry or exit stamp on the passport: Provided, That the immigration control official may omit the entry or exit stamp in any of the cases determined by the Minister of Justice, such as cases where the Minister of Justice holds that the omission of such stamp will not cause any trouble to the departure or entry of nationals.

(4) Where a national who is a crew member of a ship or such departs from or enters the Republic of Korea, an immigration control official may verify a crew member registration card or a seafarer's identity document in lieu of a departure/arrival card and the entry or exit stamp, notwithstanding the proviso to paragraph (1) and the main sentence of paragraph (3): Provided, That this shall not apply where a crew member of a ship, etc. departs from the Republic of Korea for the first time or enters the Republic of Korea for the last time.

(5) Where a national who is a crew member of a ship, etc. departs from the Republic of Korea for the first time, he/she shall register himself/herself with the immigration authorities as a crew member: Provided, That this shall not apply where the national is a crew member of a ship, etc. operating irregularly.

(6) Where a national liable for military service undergoes a departure inspection, the national shall submit a written confirmation attesting that he has obtained permission for overseas travel (including permission for an extension of the period) under Article 70 of the Military Service Act: Provided, That an immigration control official may allow a national liable for military service to omit the submission of a written confirmation if he/she is notified from the Administrator of the Military Manpower Administration via a telecommunications network, etc. that such national has obtained permission for overseas travel.

(7) Deleted.

(8) An immigration control official shall require a national who intends to enter the Republic of Korea without a valid passport pursuant to Article 6 (2) of the Act to submit a document attesting that he/she is a national of the Republic of Korea for the entry inspection, and verify whether he/she has ever left the Republic of Korea.

(9) When a person is identified as a national of the Republic of Korea as a result of the inspection under paragraph (8), the immigration control official shall require the person to submit a departure/arrival card.

(10) Deleted.

(1) A national meeting all of the following requirements may undergo a departure inspection or entry inspection using an informatization device pursuant to Articles 3 (2) and 6 (3) of the Act. If a person holding a resident registration certificate has no problem in a departure or entry inspection using an informatization device in such cases, the person shall be deemed to meet the requirement of subparagraph 2:

1. He/she shall have a valid multiple-use passport;

2. He/she shall have registered information about his/her fingerprints and a photograph of his/her face, as prescribed by Ordinance of the Ministry of Justice;

3. He/she shall not be subject to the prohibition of departure from the Republic of Korea under Article 4 (1) and (2) of the Act or the emergency prohibition of departure from the Republic of Korea under Article 4-6 (1) of the Act and shall:

(a) Be at least 14 years of age and have been registered as a resident;

(b) Be at least 7 but less than 14 years of age, have been registered as a resident, and have registered information on his/her fingerprints and a photograph of his/her face under subparagraph 2 with consent of his/her legal representative;

4. He/she shall not be subject to examination by an immigration control official, such as having a passport, the use of which is restricted or the surrender of which is ordered pursuant to the Passport Act.

(2) The placement of the exit and entry stamp under the main sentence of Article 1 (3) shall be omitted for a person who has undergone a departure or entry inspection pursuant to paragraph (1).

(3) Procedures and methods for registration under paragraph (1) 2 and other relevant matters shall be prescribed by Ordinance of the Ministry of Justice.

[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]

(1) Procedures for departure inspections of nationals under Article 1 (1) through (3) shall apply mutatis mutandis to departure inspections of aliens under Article 28 (1) of the Act.

(2) Where an alien crew member employed in a ship, etc. of the Republic of Korea leaves the Republic of Korea, Article 1 (4) and (5) shall apply mutatis mutandis to procedures for departure of such alien crew member from the Republic of Korea.

(3) Article 6 (1) (excluding notification to the head of an issuing agency) and (2) shall apply mutatis mutandis to the custody of forged or counterfeited passports and seafarers' identity documents under Article 28 (3) of the Act and procedures for notification thereof.

(4) An alien who meets all the requirements under Article 15 (4) may undergo a departure inspection by informatization devices under Article 3 (2) of the Act, which shall apply mutatis mutandis pursuant to Article 28 (5) of the Act. In such cases, if an alien who has provided information about his/her fingerprints and face pursuant to Article 12-2 (1) or 38 (1) 1 of the Act has no problem in undergoing a departure inspection by using informatization devices, the alien shall be deemed to meet the requirements under Article 15 (4) 2:

(5) The departure stamp shall be omitted for the aliens who complete a departure inspection under paragraph (4).

[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]

(1) "Amount prescribed by Presidential Decree" in Article 4 (1) 3 of the Act means:

1. Fines: Ten million won;

2. Surcharges: 20 million won.

(2) "Amount prescribed by Presidential Decree" in Article 4 (1) 4 of the Act means 50 million won.

[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]

In computing a period for prohibition of departure from the Republic of Korea under Article 4 (1) or (2) of the Act, if the period is calculated by day, the first day shall be calculated as one day with no regard to hours, and if the period is calculated by month, it shall be calculated in accordance with the calendar. In such cases, even if the last day of such period falls on a holiday or Saturday, it shall be included in the period.

[This Article Wholly Amended by Presidential Decree No. 23506, Jan. 13, 2012]

(1) Where the Minister of Justice intends to prohibit a national from departing from the Republic of Korea pursuant to Article 4 (1) or (2) of the Act, he/she shall seek opinions of, or request related data from, the heads of relevant agencies.

(2) Where the head of a central administrative agency or the head of a relevant agency prescribed by the Minister of Justice makes a request prohibiting a national’s departure from the Republic of Korea pursuant to Article 4 (3) of the Act, to the Minister of Justice, he/she shall submit a written request prohibiting the national’s departure from the Republic of Korea that contains the grounds therefor and the period during which the national’ departure from the Republic of Korea shall be prohibited, and shall be accompanied by documents prescribed by Ordinance of the Ministry of Justice, to the Minister of Justice: Provided, That a request prohibiting a national’ departure from the Republic of Korea in connection with the affairs under the jurisdiction of the head of a Si/Gun/Gu (including the head of an administrative Si established under Article 11 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City, and the head of a Gu includes the head of an autonomous Gu; hereinafter the same shall apply) shall be made by the Special Metropolitan City Mayor, the Metropolitan City Mayors or the Do Governors (including the Special Self-Governing Province Governor; hereinafter the same shall apply).

(3) No period during which a national’s departure from the Republic of Korea shall be prohibited under the main sentence of paragraph (2) shall exceed the period prescribed under Article 4 (1) or (2) of the Act.

[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]

(1) Where the Minister of Justice intends to extend the period for prohibition of departure from the Republic of Korea pursuant to Article 4-2 (1) of the Act, he/she shall extend such period upon setting a period within the periods provided for in Article 4 (1) or (2) of the Act. In such cases, the Minister of Justice may seek the opinions of or request related data from the heads of relevant agencies.

(2) Where the head of a central administrative agency or the head of a relevant agency prescribed by the Minister of Justice that has made a request prohibiting a national’s departure from the Republic of Korea (hereinafter referred to as "head of an agency that has requested the prohibition of departure") pursuant to Article 2 (2) requests an extension of the period for prohibition of departure from the Republic of Korea pursuant to Article 4-2 (2) of the Act, he/she shall submit a written request for an extension of the period for prohibition of departure from the Republic of Korea that shall contain the grounds therefor, and the intended period of extension and be accompanied by documents prescribed by Ordinance of the Ministry of Justice, to the Minister of Justice.

(3) No period for which the prohibition of departure can be extended under paragraph (2) shall exceed the period for prohibition of departure provided for in Article 4 (1) or (2) of the Act.

[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]

(1) Where the head of an agency that has requested the prohibition of departure from the Republic of Korea requests the prohibition of departure from the Republic of Korea pursuant to Article 4 (3) of the Act or an extension of the period for prohibition of departure from the Republic of Korea pursuant to Article 4-2 (2) of the Act, he/she shall request the Minister of Justice not to give written notice under Article 4-4 (1) of the Act if he/she deems the relevant person falls under any subparagraph of Article 4-4 (3) of the Act.

(2) Where the Minister of Justice examines and decides on a request for prohibition of departure or request for an extension of the period for prohibition of departure, he/she shall also examine and decide on a request for exclusion from written notice under paragraph (1).

(3) Except as otherwise expressly provided for in paragraphs (1) and (2), detailed matters necessary for methods and procedures for exclusion from written notice of decisions, etc. on prohibition of departure shall be prescribed by Ordinance of the Ministry of Justice.

[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]

Pursuant to the procedures for information-processing work, the Minister of Justice shall immediately manage data on persons whom he/she has decided to prohibit from leaving the Republic of Korea pursuant to Article 4 of the Act and persons on whom he/she has placed the emergency prohibition of departure from the Republic of Korea or he/she has granted approval for the emergency prohibition of departure from the Republic of Korea pursuant to Article 4-6 of the Act. The same shall also apply where the Minister of Justice revokes the prohibition of departure or the emergency prohibition of departure.

[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]

The provisions of Articles 2, 2-2, 2-3, 3, 3-2 through 3-4 and 5 shall apply mutatis mutandis to the procedures for suspending aliens from departing from the Republic of Korea and procedures, etc. for extension of a period of suspension of departure of an alien from the Republic of Korea. In such cases, "prohibition of departure from the Republic of Korea" shall be construed as "suspension of departure from the Republic of Korea" and "period for prohibition of departure from the Republic of Korea under Article 4 (1) or (2) of the Act" as "period for suspension of departure from the Republic of Korea under the subparagraphs of Article 36 (1)," respectively.

[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]

(1) Where the Minister of Justice intends to extend the period for prohibition of departure from the Republic of Korea pursuant to Article 4-2 (1) of the Act, he/she shall extend such period upon setting a period within the periods provided for in Article 4 (1) or (2) of the Act. In such cases, the Minister of Justice may seek the opinions of or request related data from the heads of relevant agencies.

(2) Where the head of a central administrative agency or the head of a relevant agency prescribed by the Minister of Justice that has made a request prohibiting a national’s departure from the Republic of Korea (hereinafter referred to as "head of an agency that has requested the prohibition of departure") pursuant to Article 2 (2) requests an extension of the period for prohibition of departure from the Republic of Korea pursuant to Article 4-2 (2) of the Act, he/she shall submit a written request for an extension of the period for prohibition of departure from the Republic of Korea that shall contain the grounds therefor, and the intended period of extension and be accompanied by documents prescribed by Ordinance of the Ministry of Justice, to the Minister of Justice.

(3) No period for which the prohibition of departure can be extended under paragraph (2) shall exceed the period for prohibition of departure provided for in Article 4 (1) or (2) of the Act.

[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]

(1) Where the head of an agency that has requested the prohibition of departure from the Republic of Korea requests the prohibition of departure from the Republic of Korea pursuant to Article 4 (3) of the Act or an extension of the period for prohibition of departure from the Republic of Korea pursuant to Article 4-2 (2) of the Act, he/she shall request the Minister of Justice not to give written notice under Article 4-4 (1) of the Act if he/she deems the relevant person falls under any subparagraph of Article 4-4 (3) of the Act.

(2) Where the Minister of Justice examines and decides on a request for prohibition of departure or request for an extension of the period for prohibition of departure, he/she shall also examine and decide on a request for exclusion from written notice under paragraph (1).

(3) Except as otherwise expressly provided for in paragraphs (1) and (2), detailed matters necessary for methods and procedures for exclusion from written notice of decisions, etc. on prohibition of departure shall be prescribed by Ordinance of the Ministry of Justice.

[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]

(1) Where the Minister of Justice intends to revoke prohibition of departure pursuant to Article 4-3 (1) of the Act, he/she may seek opinions of or request related data from the head of the relevant agency or the head of the agency that has requested the prohibition of departure, in order to determine whether the grounds for such prohibition of departure have ceased or prohibition of departure is necessary: Provided, That the Minister of Justice shall immediately revoke the prohibition of departure where it is evident that the ground for such prohibition of departure have ceased or prohibition of departure is unnecessary.

(2) Upon revoking the prohibition of departure pursuant to paragraph (1), the Minister of Justice shall immediately notify the head of the agency that has requested the prohibition of departure of such revocation, specifying the explicit grounds therefor: Provided, That the Minister of Justice need not notify the head of the said agency of such revocation where it is confirmed that the passport of a person prohibited from departing from the Republic of Korea has been surrendered or seized.

(3) Where the head of an agency that has requested the prohibition of departure intends to request revocation of the prohibition of departure pursuant to Article 4-3 (2) of the Act, he/she shall prepare a written request for revocation of the prohibition of departure and submit it to the Minister of Justice.

(4) Upon receipt of a written request for revocation of the prohibition of departure submitted under paragraph (3), the Minister of Justice shall immediately examine and decide whether to revoke such prohibition.

(5) Where the Minister of Justice decides not to revoke the prohibition of departure as a result of the examination under paragraph (4), he/she shall immediately notify the head of the agency that has requested the prohibition of departure of such decision, specifying the explicit grounds therefor.

[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]

(1) Where the head of an agency that has requested the prohibition of departure from the Republic of Korea requests the prohibition of departure from the Republic of Korea pursuant to Article 4 (3) of the Act or an extension of the period for prohibition of departure from the Republic of Korea pursuant to Article 4-2 (2) of the Act, he/she shall request the Minister of Justice not to give written notice under Article 4-4 (1) of the Act if he/she deems the relevant person falls under any subparagraph of Article 4-4 (3) of the Act.

(2) Where the Minister of Justice examines and decides on a request for prohibition of departure or request for an extension of the period for prohibition of departure, he/she shall also examine and decide on a request for exclusion from written notice under paragraph (1).

(3) Except as otherwise expressly provided for in paragraphs (1) and (2), detailed matters necessary for methods and procedures for exclusion from written notice of decisions, etc. on prohibition of departure shall be prescribed by Ordinance of the Ministry of Justice.

[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]

(1) Where the Minister of Justice deems it necessary for examining and deciding on an objection filed under Article 4-5 (2) of the Act, he/she may request a person who has filed the objection or the head of an agency that has requested the prohibition of departure to submit necessary documents or state his/her opinion.

(2) Where the Minister of Justice examines and decides on an objection pursuant to Article 4-5 (2) of the Act, he/she shall notify a person who has filed the objection or the head of an agency that has requested the prohibition of departure of the decision.

[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]

Pursuant to the procedures for information-processing work, the Minister of Justice shall immediately manage data on persons whom he/she has decided to prohibit from leaving the Republic of Korea pursuant to Article 4 of the Act and persons on whom he/she has placed the emergency prohibition of departure from the Republic of Korea or he/she has granted approval for the emergency prohibition of departure from the Republic of Korea pursuant to Article 4-6 of the Act. The same shall also apply where the Minister of Justice revokes the prohibition of departure or the emergency prohibition of departure.

[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]

(1) The head of an investigative agency who intends to request prohibition of departure (hereinafter referred to as "emergency prohibition of departure”) under Article 4-6 (1) of the Act shall submit, to an immigration control official, a written request for emergency prohibition of departure that shall contain the grounds therefor and the intended period for prohibition of departure and be accompanied by documents prescribed by Ordinance of the Ministry of Justice.

(2) If necessary to conduct affairs related to emergency prohibition of departure, an immigration control official may seek the opinion of or request related data from the head of an investigative agency that has requested the emergency prohibition of departure.

(3) The Minister of Justice may designate public officials exclusively in charge of affairs related to emergency prohibition of departure from among immigration control officials.

[This Article Newly Inserted by Presidential Decree No. 23506, Jan. 13, 2012]

(1) When the head of an investigative agency that has requested emergency prohibition of departure requests approval of such emergency prohibition of departure pursuant to Article 4-6 (3) of the Act, he/she shall submit, to the Minister of Justice, a written request for approval for the emergency prohibition of departure that shall be accompanied by documents prescribed by Ordinance of the Ministry of Justice, such as a written direction of investigation and a report on the emergency prohibition of departure.

(2) Upon receipt of a request for approval of emergency prohibition of departure pursuant to paragraph (1), the Minister of Justice shall examine and decide whether to approve such emergency prohibition of departure and a period for the prohibition of departure from the Republic of Korea.

(3) If necessary for examining and deciding on a request under paragraph (2), the Minister of Justice may seek the opinion of or request related data from the head of the investigative agency that has requested approval.

(4) When the Minister of Justice decides not to approve the emergency prohibition of departure, he/she shall notify the head of the investigative agency that has requested approval for the emergency prohibition of departure of such decision, specifying the explicit grounds therefor.

(5) Where the Minister of Justice approves the emergency prohibition of departure, Articles 2-2, 2-3 (2) through (4), 3, 3-3 and 3-4 shall apply mutatis mutandis to requests for, examinations of, and decisions on extensions of the period for prohibition of departure, procedures for revoking the prohibition of departure, exclusion from written notice of decisions, etc. on the prohibition of departure, examinations of or decisions on objections. In such cases, the period for prohibition of departure shall be calculated from the time the emergency prohibition of departure is placed.

[This Article Newly Inserted by Presidential Decree No. 23506, Jan. 13, 2012]

(1) When an immigration control official takes custody of a passport or a seafarer's identity document under Article 5 of the Act, he/she shall notify the holder of the passport or seafarer's identity document of the ground therefor and may notify the head of an issuing agency of such fact.

(2) In either of the following cases, the head of an immigration office (hereinafter referred to as "head of an office") or the head of an immigration branch office (hereinafter referred to as "head of a branch office") may send a passport or a seafarer's identity document in his/her custody under Article 5 of the Act to the head of a requesting agency or issuing agency:

1. Where requested to submit by the head of an investigative agency for investigations;

2. Where requested by the head of the issuing agency.

[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]

(1) When a national of the Republic of Korea undergoes a departure inspection under Article 3 of the Immigration Act (hereinafter referred to as the "Act") or entry inspection under Article 6 of the Act, he/she shall present his/her passport to an immigration control official and answer questions: Provided, That an immigration control official may require a national to present a departure/arrival card, along with his/her passport, in any of the following cases:

1. If the immigration control official is unable to obtain departure/entry records of individuals by using informatization devices, such as automatic passport readers, in conducting a departure or entry inspection;

2. If the immigration control official conducts a departure or entry inspection at any place other than a port of departure or entry;

3. Other cases specified by Ordinance of the Ministry of Justice.

(2) When an immigration control official conducts a departure inspection or entry inspection under paragraph (1), he/she shall check a national's eligibility for departure from or entry into the Republic of Korea, and other necessary matters.

(3) When an immigration control official completes a departure or entry inspection under paragraph (1) or (2), he/she shall place an entry or exit stamp on the passport: Provided, That the immigration control official may omit the entry or exit stamp in any of the cases determined by the Minister of Justice, such as cases where the Minister of Justice holds that the omission of such stamp will not cause any trouble to the departure or entry of nationals.

(4) Where a national who is a crew member of a ship or such departs from or enters the Republic of Korea, an immigration control official may verify a crew member registration card or a seafarer's identity document in lieu of a departure/arrival card and the entry or exit stamp, notwithstanding the proviso to paragraph (1) and the main sentence of paragraph (3): Provided, That this shall not apply where a crew member of a ship, etc. departs from the Republic of Korea for the first time or enters the Republic of Korea for the last time.

(5) Where a national who is a crew member of a ship, etc. departs from the Republic of Korea for the first time, he/she shall register himself/herself with the immigration authorities as a crew member: Provided, That this shall not apply where the national is a crew member of a ship, etc. operating irregularly.

(6) Where a national liable for military service undergoes a departure inspection, the national shall submit a written confirmation attesting that he has obtained permission for overseas travel (including permission for an extension of the period) under Article 70 of the Military Service Act: Provided, That an immigration control official may allow a national liable for military service to omit the submission of a written confirmation if he/she is notified from the Administrator of the Military Manpower Administration via a telecommunications network, etc. that such national has obtained permission for overseas travel.

(7) Deleted.

(8) An immigration control official shall require a national who intends to enter the Republic of Korea without a valid passport pursuant to Article 6 (2) of the Act to submit a document attesting that he/she is a national of the Republic of Korea for the entry inspection, and verify whether he/she has ever left the Republic of Korea.

(9) When a person is identified as a national of the Republic of Korea as a result of the inspection under paragraph (8), the immigration control official shall require the person to submit a departure/arrival card.

(10) Deleted.