IMMIGRATION CONTROL ACT [See entire ACT]

CHAPTER Ⅲ Entry and Landing of Foreigners

SECTION 1 Entry of Aliens

Article 7 (Entry of Aliens)

(1) When an alien enters the Republic of Korea, he/she shall hold a valid passport and a visa issued by the Minister of Justice.

(2) Notwithstanding paragraph (1), any of the following aliens may enter the Republic of Korea without a visa:

1. A person who has obtained permission to reenter or is exempted from permission of reentry enters the Republic of Korea before the period of such permission or exemption expires;

2. A person who is a national of a country which has entered into the Visa Exemption Agreement with the Republic of Korea and eligible for a visa exemption under such Visa Exemption Agreement;

3. A person who enters the Republic of Korea for international friendship, sightseeing or in the interests of the Republic of Korea, etc., with entry permission he/she has obtained otherwise, as prescribed by Presidential Decree;

4. A person who departed from the Republic of Korea with a refuge travel document issued, and enters the Republic of Korea before the term of validity of such certificate expires.

(3) The Minister of Justice may temporarily suspend the application of the Visa Exemption Agreement to persons who fall under paragraph (2) 2 where deemed necessary for maintaining public order or in the interests of the Republic of Korea.

(4) Notwithstanding paragraph (1), any national of a country which has no diplomatic relationship with the Republic of Korea, or of a country designated by the Minister of Justice through consultation with the Minister of Alien Affairs, may enter the Republic of Korea with an alien entry permit issued by the head of an overseas diplomatic mission or the head of a Regional Immigration Service, as prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 10282, May 14, 2010]

Enforcement Ordinance

Article 7 (Issuance of Visas)

(1) An alien who intends to obtain a visa pursuant to Article 7 (1) of the Act shall submit a visa application accompanied by documents prescribed by Ordinance of the Ministry of Justice, to the head of an overseas diplomatic mission.

(2) If an alien submits a visa application pursuant to paragraph (1), the head of an overseas diplomatic mission shall issue a visa to the alien, as prescribed by Ordinance of the Ministry of Justice. In such cases, the visa shall contain necessary matters, such as the status and period of stay, under Article 12.

(3) When the Minister of Justice deems it necessary for issuing a visa, he/she may require an alien who has applied for a visa to submit a letter of recommendation issued by the head of the related central administrative agency, or seek the opinion of the head of the related central administrative agency.

(4) Criteria for the issuance of letters of recommendation under paragraph (3) shall be separately prescribed by the head of the related central administrative agency in consultation with the Minister of Justice.

(5) Where the Minister of Justice issues a visa allowing its holder to engage in job-seeking activities, he/she shall consider the domestic employment situation.

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

Enforcement Ordinance

Article 7-2 (Online Applications, etc. for Issuance of Visas)

(1) The Minister of Justice may establish and operate a telecommunications network for online applications for visas under Article 7 (1) of the Act or visa issuance certificates under Article 9 (1) of the Act (hereinafter referred to as "visa, etc.").

(2) A person who intends to apply for a visa, etc. via the telecommunications network established under paragraph (1) may submit an application and documents prescribed by Ordinance of the Ministry of Justice via online service.

(3) A person who intends to apply for a visa, etc. via the telecommunications network pursuant to paragraph (2) shall first complete user registration.

(4) Where an alien prescribed by Ordinance of the Ministry of Justice submits a visa application under Article 7 (1) of the Act via online service pursuant to paragraph (2), the Minister of Justice may issue a visa to the alien via online service.

(5) A person who intends to invite an alien may apply for a visa issued via online service (hereinafter referred to as "electronic visa") pursuant to paragraph (4) and pay a fee for the issuance thereof on behalf of the alien.

(6) Detailed matters necessary for the establishment and operation of the telecommunications network referred to in paragraph (1), application forms for the issuance of visas, etc. via online service under paragraph (2) and the issuance, etc. of electronic visas under paragraph (4) shall be prescribed by the Minister of Justice.

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

Enforcement Ordinance

Article 8 (Entry Permission for International Friendship, etc.)

(1) An alien who may enter the Republic of Korea without a visa pursuant to Article 7 (2) 3 of the Act shall be:

1. A person who intends to enter the Republic of Korea without a visa due to inevitable circumstances, to conduct the affairs of a foreign government or international organization;

2. A person who intends to enter the Republic of Korea for tourism or transit purpose within the period prescribed by Ordinance of the Ministry of Justice;

3. Other persons whose entry into the Republic of Korea is deemed necessary by the Minister of Justice for the national interest, etc.

(2) Procedures for granting entry permission to aliens who may enter the Republic of Korea without a visa pursuant to Article 7 (2) 3 of the Act shall be prescribed by Ordinance of the Ministry of Justice.

(3) The specific scope of aliens who may enter the Republic of Korea without a visa pursuant to Article 7 (2) 3 of the Act shall be separately prescribed by the Minister of Justice by taking national and social security or orderly stay of aliens into consideration.

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

Enforcement Ordinance

Article 9 (Temporary Suspension of Application of Visa Exemption Agreements)

(1) The Minister of Justice shall consult with the Minister of Foreign Affairs before temporarily suspending the application of the Visa Exemption Agreement pursuant to Article 7 (3) of the Act.

(2) Where the Minister of Justice decides to temporarily suspend the application of the Visa Exemption Agreement pursuant to paragraph (1), he/she shall immediately notify the relevant country of such decision via the Minister of Foreign Affairs.

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

Enforcement Ordinance

Article 10 (Issuance, etc. of Alien Entry Permits)

(1) Upon designating a country in consultation with the Minister of Foreign Affairs pursuant to Article 7 (4) of the Act, he/she shall, without delay, notify the head of an overseas diplomatic mission, the head of an office or the head of a branch office of such designation.

(2) A person who intends to obtain an alien entry permit pursuant to Article 7 (4) of the Act shall submit a visa application accompanied by documents prescribed by Ordinance of the Ministry of Justice to the head of an overseas diplomatic mission, the head of an office or the head of a branch office.

(3) The head of an overseas diplomatic mission, the head of an office or the head of a branch office shall issue an alien entry permit to an alien who has applied for such entry permit under paragraph (2), as prescribed by Ordinance of the Ministry of Justice. In such cases, the alien entry permit shall contain the status of stay, period of stay, workplace, etc.

(4) The period of validity of an alien entry permit shall be three months, and it shall be valid for only one-time entry into the Republic of Korea: Provided, That a person who is eligible for one of the status of stay for 1. Diplomacy (A-1) through 3. International Agreements (A-3) in attached Table 1 and intends to enter the Republic of Korea to be stationed therein shall be granted an entry permit valid for a period of three years and multiple-entries.

(5) When an alien who has entered the Republic of Korea with an alien entry permit granted under paragraph (3) departs from the Republic of Korea, an immigration control official shall collect the alien entry permit: Provided, That the immigration control official shall collect an alien entry permit from an alien at his/her final departure from the Republic of Korea if the alien entered the Republic of Korea with the entry permit granted under the proviso to paragraph (4).

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

Enforcement Ordinance

Article 15 (Entry Inspections)

(1) An alien who undergoes an entry inspection under Article 12 (1) of the Act shall present his/her passport and entry card to the immigration control official and answer questions: Provided, That the presentation of an entry card may be omitted in any of the following cases:

1. Where an alien's registration under Article 31 of the Act is valid;

2. Where an alien's report on the place of residence in Korea under Article 6 of the Act on the Immigration and Legal Status of Overseas Koreans is valid;

3. Other cases determined by the Minister of Justice.

(2) When an immigration control official conducts an entry inspection under paragraph (1), he/she shall examine whether the entry is proper and other necessary matters.

(3) When an immigration control official completes an entry inspection under paragraphs (1) and (2), he/she shall place the entry stamp on a passport presented. In such cases, the permitted status of stay and the period of stay shall be stated in the entry stamp.

(4) An alien meeting all of the following requirements may undergo an entry inspection using informatization devices pursuant to Article 12 (2) of the Act. In such cases, if an alien who has provided information about his/her fingerprints and face pursuant to Article 38 (1) 1 of the Act has no problem in undergoing an entry inspection by using informatization devices, the alien shall be deemed to meet the requirement under subparagraph 2:

1. An alien shall be at least 17 years of age and shall fall under any of the following categories:

(a) The alien shall be either of the following persons:

(i) A person whose alien registration under Article 31 of the Act is valid;

(ii) A person whose report on the place of resident in Korea under Article 6 of the Act on the Immigration and Legal Status of Overseas Koreans is valid;

(b) The alien shall be a person identified by the Minister of Justice as a national of a country with which the Republic of Korea has a valid memorandum of understanding, agreement, etc. or has agreed in any other manner to conduct entry and departure inspections by using informatization devices mutually;

(c) The alien shall be a person whom the Minister of Justice identifies as a person required to undergo an entry inspection by informatization devices on any other ground;

2. An alien shall have been fingerprinted, and his/her face shall have been photographed, as prescribed by Ordinance of the Ministry of Justice;

3. An alien shall satisfy other requirements prescribed and publicly announced by the Minister of Justice.

(5) The presentation of an entry card under the main sentence of paragraph (1) and the placement of an entry stamp under paragraph (3) shall be omitted for an alien who has undergone an entry inspection under paragraph (4).

(6) Where an immigration control official decides not to permit the entry of an alien into the Republic of Korea pursuant to Articles 12 (4) and 12-2 (2) of the Act and if he/she deems the case important, he/she shall immediately report such case to the Minister of Justice.

(7) Where an immigration control official permits the entry of an alien eligible under Article 7 (2) 2 of the Act into the Republic of Korea, he/she shall place an entry stamp under paragraph (3) in the alien’s passport and enter the status and period of stay prescribed in 4. Visa Exempted (B-1) in attached Table 1: Provided, That where the immigration control official permits the entry of an alien intending to reside in the Republic of Korea, who is subject to the Visa Exemption Agreement for diplomats and government officials, into the Republic of Korea, he/she shall enter the status and period of stay prescribed in 1. Diplomacy (A-1) or 2. Foreign Government Official (A-2) in attached Table 1.

(8) Where any of the following applies to an alien who undergoes an entry inspection, an immigration control official may permit the alien to enter the Republic of Korea after correcting the details of his/her visa, as prescribed by Ordinance of the Ministry of Justice:

1. Where the classification of a visa issued by the head of an overseas diplomatic mission, the status of stay, the period of stay, etc. are clearly erroneous;

2. Where the expiration date of the period of stay stated in a multiple-entry visa for the status of stay for 31. Work and Visit (H-2) in attached Table 1 goes beyond the expiration date of the period of validity of such multiple-entry visa.

(9) 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 12-4 (1) of the Act and procedures for the notification thereof.

(10) Article 1 (4) shall apply mutatis mutandis to procedures for entry of alien crew members employed in a ship, etc. of the Republic of Korea.

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

Enforcement Ordinance

Article 96 (Delegation of Authority)

(1) Pursuant to Article 92 (1) of the Act, the Minister of Justice shall delegate his/her authority provided in Articles 7 (1), 9, 11, 20, 21, 23 through 25, 25-2, 25-3, 30 (1), 78 (2), 89, 90, and 90-2 of the Act to the head of an office, the head of a branch office, or the head of a detention center, as prescribed by Ordinance of the Ministry of Justice.

(2) Pursuant to Article 92 (2) of the Act, the head of a Si (excluding the Special Metropolitan City Mayor and Metropolitan City Mayors) shall delegate his/her authority provided in Article 34 (2) of the Act to the head of a Gu. (excluding the head of an autonomous Gu).

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

Article 7-2 (Prohibition of False Invitations, etc.)

No one shall engage in any of the following conduct to enable an alien to enter the Republic of Korea:

1. Inviting an alien by illegal means, such as making a false statement or providing a false reference, or assisting such invitation;

2. Falsely applying for a visa or a visa issuance certificate, or assisting such application.

[This Article Wholly Amended by Act No. 10282, May 14, 2010]

Article 7-3 (Prior Permission for Travel)

(1) If deemed necessary for the maintenance of public order or the interests of the State, the Minister of Justice may allow any of the following aliens to obtain permission prior to his/her entry into the Republic of Korea (hereinafter referred to as "prior permission for travel"):

1. An alien who falls under Article 7 (2) 2 or 3;

2. An alien who may enter the Republic of Korea without a visa under other statutes.

(2) When an alien who has obtained prior permission for travel shall hold a prior permit for travel when entering the Republic of Korea.

(3) The criteria, procedures, and methods for issuing a prior permit for travel shall be prescribed by Ordinance of the Ministry of Justice.

[This Article Newly Inserted on Feb. 4, 2020]

Article 8 (Visas)

(1) A visa referred to in Article 7 shall be categorized as a single-entry visa valid for only one entry into the Republic of Korea and a multiple-entry visa valid for at least two entries.

(2) The Minister of Justice may delegate his/her authority to issue visas to the heads of overseas diplomatic missions, as prescribed by Presidential Decree.

(3) Criteria and procedures for the issuance of visas shall be prescribed by Ordinance of the Ministry of Justice.

[This Article Wholly Amended by Act No. 10282, May 14, 2010]

Enforcement Ordinance

Article 11 (Delegation of Authority to Issue Visas)

(1) Pursuant to Article 8 (2) of the Act, the Minister of Justice shall delegate to the head of an overseas diplomatic mission, his/her authority to issue visas to persons eligible for the status of stay for 1. Diplomacy (A-1) through 3. International Agreements (A-3) in attached Table 1.

(2) Pursuant to Article 8 (2) of the Act, the Minister of Justice shall delegate to the head of an overseas diplomatic mission, his/her authority to issue visas (excluding his/her authority to issue electronic visas) to persons eligible for the status of stay for 6. Short-Term News Coverage (C-1) through 31. Work and Visit (H-2) in attached Table 1, upon prescribing the scope therefor by Ordinance of the Ministry of Justice.

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

Article 9 (Visa Issuance Certificates)

(1) The Minister of Justice may issue a visa issuance certificate to an alien who intends to enter the Republic of Korea, upon application of the alien, before issuing a visa under Article 7 (1), if deemed particularly necessary.

(2) An application for a visa issuance certificate under paragraph (1) may be filed by any person who intends to invite an alien to the Republic of Korea on behalf of the alien.

(3) Eligibility, criteria and procedures for the issuance of visa issuance certificates under paragraph (1) shall be prescribed by Ordinance of the Ministry of Justice.

[This Article Wholly Amended by Act No. 10282, May 14, 2010]

Enforcement Ordinance

Article 7-2 (Online Applications, etc. for Issuance of Visas)

(1) The Minister of Justice may establish and operate a telecommunications network for online applications for visas under Article 7 (1) of the Act or visa issuance certificates under Article 9 (1) of the Act (hereinafter referred to as "visa, etc.").

(2) A person who intends to apply for a visa, etc. via the telecommunications network established under paragraph (1) may submit an application and documents prescribed by Ordinance of the Ministry of Justice via online service.

(3) A person who intends to apply for a visa, etc. via the telecommunications network pursuant to paragraph (2) shall first complete user registration.

(4) Where an alien prescribed by Ordinance of the Ministry of Justice submits a visa application under Article 7 (1) of the Act via online service pursuant to paragraph (2), the Minister of Justice may issue a visa to the alien via online service.

(5) A person who intends to invite an alien may apply for a visa issued via online service (hereinafter referred to as "electronic visa") pursuant to paragraph (4) and pay a fee for the issuance thereof on behalf of the alien.

(6) Detailed matters necessary for the establishment and operation of the telecommunications network referred to in paragraph (1), application forms for the issuance of visas, etc. via online service under paragraph (2) and the issuance, etc. of electronic visas under paragraph (4) shall be prescribed by the Minister of Justice.

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

Enforcement Ordinance

Article 94 (Revocation and Change of Various Permission, etc.)

(1) When the Minister of Justice has revoked or changed permission to extend the period of stay of an alien or other permission pursuant to Article 89 (1) of the Act, he/she shall notify the alien of the revocation or change thereof, and enter the purport thereof in the alien’s passport.

(2) When a permit held by an alien, such as a visa issuance certificate under Article 9 of the Act, a conditional entry permit under Article 13 of the Act, a crewman’s landing permit under Article 14 of the Act, a landing permit for tourism under Article 14-2 of the Act or a permit to engage in activities not covered by his/her original status of stay issued pursuant to Article 20 of the Act, is revoked pursuant to paragraph (1), an immigration control official shall withdraw the permit.

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

Article 10 (Statuses of Stay)

Every alien who intends to enter the Republic of Korea shall be granted a status of stay falling under any of the following subparagraphs:

1. Standard status of stay: a status of stay by which a period of stay in the Republic of Korea is limited pursuant to this Act;

2. Status of permanent residency: a status of stay by which permanent residency in the Republic of Korea is permitted.

[This Article Wholly Amended by Act No. 15492, Mar. 20, 2018]

Enforcement Ordinance

Article 7 (Issuance of Visas)

(1) An alien who intends to obtain a visa pursuant to Article 7 (1) of the Act shall submit a visa application accompanied by documents prescribed by Ordinance of the Ministry of Justice, to the head of an overseas diplomatic mission.

(2) If an alien submits a visa application pursuant to paragraph (1), the head of an overseas diplomatic mission shall issue a visa to the alien, as prescribed by Ordinance of the Ministry of Justice. In such cases, the visa shall contain necessary matters, such as the status and period of stay, under Article 12.

(3) When the Minister of Justice deems it necessary for issuing a visa, he/she may require an alien who has applied for a visa to submit a letter of recommendation issued by the head of the related central administrative agency, or seek the opinion of the head of the related central administrative agency.

(4) Criteria for the issuance of letters of recommendation under paragraph (3) shall be separately prescribed by the head of the related central administrative agency in consultation with the Minister of Justice.

(5) Where the Minister of Justice issues a visa allowing its holder to engage in job-seeking activities, he/she shall consider the domestic employment situation.

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

Article 10-2 (Standard Status of Stay)

(1) The standard status of stay under subparagraph 1 of Article 10 (hereinafter referred to as “standard status of stay”) shall be classified as follows:

1. Status of short-term stay: a status of stay by which it is permitted to stay in the Republic of Korea for not more than 90 days (where a period of stay exceeds 90 days pursuant to a visa exemption agreement or the reciprocity, such period of stay) for the purpose of tourism, visit, etc.;

2. Status of long-term stay: a status of stay by which it is permitted to stay in the Republic of Korea within a maximum period exceeding 90 days prescribed by Ordinance of the Ministry of Justice for the purpose of study, training, investment, presence for business, marriage, etc.

(2) Types of status of short-term stay and status of long-term stay under paragraph (1), persons eligible for any type of status of stay or extent of activities under such status shall be prescribed by Presidential Decree in consideration of the purpose of stay, whether employment activities are permissible, etc.

[This Article Newly Inserted by Act No. 15492, Mar. 20, 2018]

Enforcement Ordinance

Article 12 (Classification of Status of Stay)

Status of stay granted to aliens under Article 10 (1) of the Act is as specified in attached Table 1.

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

Article 10-3 (Status of Permanent Residency)

(1) Limitations on the extent of activities and the period of stay shall not apply to an alien granted the status of permanent residency under subparagraph 2 of Article 10 (hereinafter referred to as “status of permanent residency”).

(2) Persons who intend to acquire the status of permanent residency shall be persons eligible for the status of permanent residency prescribed by Presidential Decree and meet each of the following requirements:

1. He/she shall be of good conduct, such as observing the Acts and subordinate statutes of the Republic of Korea;

2. He/she shall be able to make a living, relying on the income, assets, etc. of his/her own or of a family member with whom he/she share livelihood;

3. He/she shall have basic knowledge necessary to continuously live as a national of the Republic of Korea, such as Korean language capability and the understanding of Korean society and culture.

(3) Notwithstanding paragraph (2) 2 and 3, the Minister of Justice shall wholly or partially alleviate or exempt the requirements referred to in paragraph (2) 2 and 3 for the persons prescribed by Presidential Decree, such as those redering distinguished services to the Republic of Korea, those with excellent capabilities in a specific field, including science, management, education, culture and arts, and athletics, and those making investment of a certain amount or more in the Republic of Korea.

(4) Matters necessary for the standards, extent, etc. of the requirements under each subparagraph of paragraph (2) shall be prescribed by Ordinance of the Ministry of Justice.

[This Article Newly Inserted by Act No. 15492, Mar. 20, 2018]

Enforcement Ordinance

Article 11 (Prohibition, etc. of Entry)

(1) The Minister of Justice may prohibit an alien from entering the Republic of Korea if the alien is:

1. A patient with an infectious disease, an addict to narcotics, or a person deemed likely to pose a threat to public health;

2. A person who intends to enter the Republic of Korea unlawfully, carrying a firearm, knife, sword, explosives, etc. specified in the Act on the Safety Management of Guns, Swords, Explosives, Etc.;

3. A person deemed highly likely to engage in any conduct harming the interests or public security of the Republic of Korea;

4. A person deemed highly likely to engage in any conduct disturbing economic or social order or good morals;

5. A mentally disabled person who is void of a capacity of discriminating sense and has no person to assist his/her stay in the Republic of Korea, a person who cannot afford expenses incurred in relation to his/her stay in the Republic of Korea, and a person in need of relief;

6. A person for whom five years have not elapsed after departure from the Republic of Korea under a deportation order;

7. A person who took part in the slaughter or cruel treatment of people on the grounds of race, ethnicity, religion, nationality, political opinion, etc. under an instruction from, or in liaison with, any of the following governments during the period from August 29, 1910 to August 15, 1945:

(a) The Japanese government;

(b) Any government in alliance with the Japanese government;

(c) Any government on which the Japanese government exercised predominant influence;

8. A person equivalent to those referred to in subparagraphs 1 through 7 whose entry into the Republic of Korea is deemed inappropriate by the Minister of Justice.

(2) If the home country of an alien who intends to enter the Republic of Korea refuses the entry of a Korean national for any reason, other than those referred to in the subparagraphs of paragraph (1), the Minister of Justice may refuse the entry of such alien for the same reason.

[This Article Wholly Amended by Act No. 10282, May 14, 2010]

Enforcement Ordinance

Article 13 (Management of Data on Persons Prohibited from Entering the Republic of Korea)

The Minister of Justice shall immediately manage data on persons whom he/she has decided to prohibit from entering the Republic of Korea pursuant to Article 11 of the Act pursuant to procedures for information-processing work. The same shall also apply where the Minister of Justice revokes the prohibition of entry into the Republic of Korea.

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

Enforcement Ordinance

Article 14 (Requests for and Revocation of Prohibition of Entry)

(1) The head of a central administrative agency or the head of a relevant agency prescribed by the Minister of Justice may request the Minister of Justice to prohibit or refuse the entry of an alien deemed to fall under grounds for the prohibition of entry into the Republic of Korea referred to in Article 11 (1) of the Act or for the refusal of entry into the Republic of Korea referred to in paragraph (2) of the same Article in relation to his/her duties: Provided, That a request prohibiting an alien from entering the Republic of Korea in relation to the duties of the head of a Si/Gun/Gu shall be made by the Special Metropolitan City Mayor, a Metropolitan City Mayor or a Do Governor.

(2) Articles 2 (2), 2-2 (2), and 2-3 (3) and (4) shall apply mutatis mutandis to procedures for requesting the prohibition or refusal of entry into the Republic of Korea under paragraph (1): Provided, That such provisions shall not apply to matters concerning the intended period for prohibition or refusal of entry into the Republic of Korea.

(3) The head of an agency that has requested prohibition or refusal of entry into the Republic of Korea shall immediately request the Minister of Justice to revoke such prohibition or refusal of entry into the Republic of Korea when the grounds therefor have ceased to exist.

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

Article 12 (Entry Inspections)

(1) Every alien who intends to enter the Republic of Korea shall submit his/her passport and entry form to an immigration control official for an entry inspection at a port of entry and departure, as prescribed by Presidential Decree.

(2) The proviso to Article 6 (1) and paragraph (3) of the same Article shall apply mutatis mutandis to paragraph (1).

(3) In conducting an entry inspection, an immigration control official shall grant entry permission to an alien after examining whether the alien satisfies the following requirements that:

1. His/her passport and the visa shall be valid: Provided, That the visa requirement shall be met only in cases required by this Act;

1-2. His/her prior permit for travel referred to in Article 7-3 (2) shall be valid;

2. The purpose of his/her entry shall comply with the status of stay;

3. The period of stay shall have been determined, as prescribed by Ordinance of the Ministry of Justice;

4. He/she shall not be subject to prohibition or refusal of entry under Article 11.

(4) If an alien fails to prove that he/she satisfies the requirements provided for in the subparagraphs of paragraph (3), an immigration control official may refuse his/her entry into the Republic of Korea.

(5) Upon granting entry permission to an alien falling under Article 7 (2) 2 or 3, an immigration control official shall grant the status of stay to the alien and determine the period of stay, as prescribed by Presidential Decree.

(6) An immigration control official may enter ships, etc. for the purpose of conducting inspections under paragraph (1) or (2).

[This Article Wholly Amended on May 14, 2010]

Enforcement Ordinance

Article 15 (Entry Inspections)

(1) An alien who undergoes an entry inspection under Article 12 (1) of the Act shall present his/her passport and entry card to the immigration control official and answer questions: Provided, That the presentation of an entry card may be omitted in any of the following cases:

1. Where an alien's registration under Article 31 of the Act is valid;

2. Where an alien's report on the place of residence in Korea under Article 6 of the Act on the Immigration and Legal Status of Overseas Koreans is valid;

3. Other cases determined by the Minister of Justice.

(2) When an immigration control official conducts an entry inspection under paragraph (1), he/she shall examine whether the entry is proper and other necessary matters.

(3) When an immigration control official completes an entry inspection under paragraphs (1) and (2), he/she shall place the entry stamp on a passport presented. In such cases, the permitted status of stay and the period of stay shall be stated in the entry stamp.

(4) An alien meeting all of the following requirements may undergo an entry inspection using informatization devices pursuant to Article 12 (2) of the Act. In such cases, if an alien who has provided information about his/her fingerprints and face pursuant to Article 38 (1) 1 of the Act has no problem in undergoing an entry inspection by using informatization devices, the alien shall be deemed to meet the requirement under subparagraph 2:

1. An alien shall be at least 17 years of age and shall fall under any of the following categories:

(a) The alien shall be either of the following persons:

(i) A person whose alien registration under Article 31 of the Act is valid;

(ii) A person whose report on the place of resident in Korea under Article 6 of the Act on the Immigration and Legal Status of Overseas Koreans is valid;

(b) The alien shall be a person identified by the Minister of Justice as a national of a country with which the Republic of Korea has a valid memorandum of understanding, agreement, etc. or has agreed in any other manner to conduct entry and departure inspections by using informatization devices mutually;

(c) The alien shall be a person whom the Minister of Justice identifies as a person required to undergo an entry inspection by informatization devices on any other ground;

2. An alien shall have been fingerprinted, and his/her face shall have been photographed, as prescribed by Ordinance of the Ministry of Justice;

3. An alien shall satisfy other requirements prescribed and publicly announced by the Minister of Justice.

(5) The presentation of an entry card under the main sentence of paragraph (1) and the placement of an entry stamp under paragraph (3) shall be omitted for an alien who has undergone an entry inspection under paragraph (4).

(6) Where an immigration control official decides not to permit the entry of an alien into the Republic of Korea pursuant to Articles 12 (4) and 12-2 (2) of the Act and if he/she deems the case important, he/she shall immediately report such case to the Minister of Justice.

(7) Where an immigration control official permits the entry of an alien eligible under Article 7 (2) 2 of the Act into the Republic of Korea, he/she shall place an entry stamp under paragraph (3) in the alien’s passport and enter the status and period of stay prescribed in 4. Visa Exempted (B-1) in attached Table 1: Provided, That where the immigration control official permits the entry of an alien intending to reside in the Republic of Korea, who is subject to the Visa Exemption Agreement for diplomats and government officials, into the Republic of Korea, he/she shall enter the status and period of stay prescribed in 1. Diplomacy (A-1) or 2. Foreign Government Official (A-2) in attached Table 1.

(8) Where any of the following applies to an alien who undergoes an entry inspection, an immigration control official may permit the alien to enter the Republic of Korea after correcting the details of his/her visa, as prescribed by Ordinance of the Ministry of Justice:

1. Where the classification of a visa issued by the head of an overseas diplomatic mission, the status of stay, the period of stay, etc. are clearly erroneous;

2. Where the expiration date of the period of stay stated in a multiple-entry visa for the status of stay for 31. Work and Visit (H-2) in attached Table 1 goes beyond the expiration date of the period of validity of such multiple-entry visa.

(9) 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 12-4 (1) of the Act and procedures for the notification thereof.

(10) Article 1 (4) shall apply mutatis mutandis to procedures for entry of alien crew members employed in a ship, etc. of the Republic of Korea.

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

Enforcement Ordinance

Article 16 (Conditional Entry Permission)

(1) The head of an office or the head of a branch office may set the period of permission for up to 72 hours upon granting conditional entry permission to an alien pursuant to Article 13 (1) of the Act.

(2) When an alien granted conditional entry permission fails to meet or unlikely to meet the conditions within the period of such permission due to extenuating circumstances, the head of an office or the head of a branch office may extend the period of such conditional entry permission by up to the period of permission initially set under paragraph (1).

(3) When an immigration control official deems that an alien granted conditional entry permission meets the requirements referred to in Article 12 (3) of the Act within the period of such permission, he/she shall conduct an entry inspection pursuant to Article 15 (1) through (3). In such cases, the date of entry into .the Republic of Korea shall be the date of the conditional entry permission.

(4) When an immigration control official conducts an entry inspection pursuant to paragraph (3), he/she shall require the relevant alien to surrender the conditional entry permit.

(5) When an alien granted conditional entry permission leaves the Republic of Korea without undergoing an entry inspection under paragraph (3), an immigration control official shall require the relevant alien to surrender the conditional entry permit.

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

Enforcement Ordinance

Article 17 (Deposit and Return of Bonds, and Procedures for Transfer of such Bonds to National Treasury)

(1) When the head of an office or the head of a branch office requires an alien to deposit a bond pursuant to Article 13 (2) of the Act, he/she shall set the amount of the bond in consideration of money in hand, the purpose of entry into the Republic of Korea, expenses for stay, and other circumstances of the alien.

(2) When the head of an office or the head of a branch office receives a bond deposited under paragraph (1), he/she shall inform the alien of the intent that such bond may be transferred to the fund of the National Treasury if he/she violates any of the conditions imposed under Article 13 (2) of the Act, and procedures for the deposit, payment, etc. of bonds shall follow the procedures for managing the money under the Government’s custody.

(3) A bond deposited by an alien under paragraph (1) shall be returned to the alien when he/she undergoes an entry inspection pursuant to Article 16 (3), or when he/she leaves the Republic of Korea due to his/her failure to meet any of the requirements referred to in the subparagraphs of Article 12 (3) of the Act within the period of permission.

(4) When an alien granted conditional entry permission has fled or fails, without good cause, to comply with a request to appear on at least two occasions, the head of an office or the head of a branch office may fully transfer the bond to the fund of the National Treasury, and when the alien violates any term or condition of the permission on other grounds, the head of an office or the head of a branch office may partially transfer the bond to the fund of the National Treasury.

(5) If the head of an office or the head of a branch office decides to transfer a bond to the fund of the National Treasury pursuant to paragraph (4), he/she shall issue a notice of transfer of the bond to the fund of the National Treasury, stating the grounds for such decision, the amount of the bone transferred to the fund of the National Treasury and other relevant matters.

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

Article 12-2 (Fingerprinting and Photographing at Time of Entry)

(1) Every alien who intends to enter the Republic of Korea shall provide his/her biometrics information in the manner prescribed by Ordinance of the Ministry of Justice and follow the procedures for verifying his/her identity when undergoing an entry inspection pursuant to Article 12: Provided, That this shall not apply to any of the following persons:

1. A person under 17 years of age;

2. A person who enters the Republic of Korea to perform the affairs of a foreign government or international organization, and his/her accompanying family;

3. A person prescribed by Presidential Decree as needing to be exempted from provision of his/her biometrics information, in light of the promotion of friendly relationship and cultural exchange with a foreign country, facilitation of economic activities, the interests of the Republic of Korea, etc.

(2) When an alien refuses to provide his/her biometrics information pursuant to the main sentence of paragraph (1), an immigration control official may refuse the alien’s entry into the Republic of Korea.

(3) The Minister of Justice may request relevant administrative agencies to submit an alien’s biometrics information retained by them, if necessary for conducting entry inspections.

(4) No relevant administrative agency in receipt of a request for cooperation under paragraph (3) shall refuse such request without justifiable grounds.

(5) An immigration control official may use the biometrics information provided or submitted under paragraph (1) or (3) for entry inspections.

(6) The Minister of Justice shall keep and manage the biometrics information provided or submitted under paragraph (1) or (3), as prescribed by the Personal Information Protection Act.

[This Article Newly Inserted on May 14, 2010]

[Title Amended on Jun. 9, 2020]

[Previous Article 12-2 moved to Article 12-3 ]

Enforcement Ordinance

Article 15-2 (Exemption from Obligations to be Fingerprinted and Photographed)

(1) "Person prescribed by Presidential Decree" in Article 12-2 (1) 3 of the Act means:

1. A person deemed by the Minister of Justice as needing to be exempted from the obligation to be fingerprinted and photographed at the request of the head of a central administrative agency among any of the following aliens:

(a) A former or incumbent head of a State, minister or the equivalent high-ranking public official who intends to enter the Republic of Korea for the promotion of international friendship;

(b) A renowned person in the field of education, science, culture, arts, sports, etc.;

(c) A person whose entry is deemed necessary for the promotion of economic activities, such as investment delegation;

2. A person who falls under status of stay for 3. International Agreements (A-3) in attached Table 1;

3. Any other person deemed by the Minister of Justice as needing to be exempted from the obligation to be fingerprinted and photographed, in consideration of the national interest, etc. of the Republic of Korea.

(2) Where the head of a central administrative agency intends to make a request in order to exempt an alien from the obligation to be fingerprinted and photographed pursuant to paragraph (1) 1, he/she shall verify the identity of the alien and submit the grounds for such request, the scheduled date of entry into and departure from the Republic of Korea, etc. to the Minister of Justice by no later than 24 hours before his/her entry into the Republic of Korea.

(3) Upon receipt of a request under paragraph (2), the Minister of Justice shall immediately examine and decide whether to exempt the relevant alien from the obligation to be fingerprinted and photographed.

(4) Where the Minister of Justice decides not to exempt the relevant alien from the obligation to be fingerprinted and photographed as a result of the examination under paragraph (3), he/she shall notify the head of a requesting agency of such decision, specifying the explicit grounds therefor.

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

Enforcement Ordinance

Article 35 (Departure Inspections)

(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]

Article 12-3 (Bans on Provision of Ships, etc.)

(1) No person shall engage in any of the following conduct for the purpose of illegally allowing any alien to enter or depart from the Republic of Korea or having any alien illegally enter other country via the Republic of Korea:

1. Providing a ship, etc., passport, visa, boarding pass, or other document or any materials usable for entry into or departure from the Republic of Korea;

2. Arranging the conduct referred to in subparagraph 1.

(2) No person shall engage in any of the following conduct in respect of an alien who has illegally entered the Republic of Korea:

1. Harboring or allowing the alien to escape from the Republic of Korea, or providing a means of transportation for such purposes;

2. Arranging any of the conduct referred to in subparagraph 1.

[This Article Wholly Amended by Act No. 10282, May 14, 2010]

Article 12-4 (Custody of Alien’s Passport, etc.)

(1) Article 5 shall apply mutatis mutandis to forged or counterfeited passports or seafarers’ identity documents of aliens.

(2) If an immigration control official finds the passport or seafarers’ identity document of an immigration offender who is currently under investigation for a violation of this Act, and subject to deportation under Article 46, he/she may withdraw and take custody thereof.

[This Article Wholly Amended by Act No. 10282, May 14, 2010]

Enforcement Ordinance

Article 15 (Entry Inspections)

(1) An alien who undergoes an entry inspection under Article 12 (1) of the Act shall present his/her passport and entry card to the immigration control official and answer questions: Provided, That the presentation of an entry card may be omitted in any of the following cases:

1. Where an alien's registration under Article 31 of the Act is valid;

2. Where an alien's report on the place of residence in Korea under Article 6 of the Act on the Immigration and Legal Status of Overseas Koreans is valid;

3. Other cases determined by the Minister of Justice.

(2) When an immigration control official conducts an entry inspection under paragraph (1), he/she shall examine whether the entry is proper and other necessary matters.

(3) When an immigration control official completes an entry inspection under paragraphs (1) and (2), he/she shall place the entry stamp on a passport presented. In such cases, the permitted status of stay and the period of stay shall be stated in the entry stamp.

(4) An alien meeting all of the following requirements may undergo an entry inspection using informatization devices pursuant to Article 12 (2) of the Act. In such cases, if an alien who has provided information about his/her fingerprints and face pursuant to Article 38 (1) 1 of the Act has no problem in undergoing an entry inspection by using informatization devices, the alien shall be deemed to meet the requirement under subparagraph 2:

1. An alien shall be at least 17 years of age and shall fall under any of the following categories:

(a) The alien shall be either of the following persons:

(i) A person whose alien registration under Article 31 of the Act is valid;

(ii) A person whose report on the place of resident in Korea under Article 6 of the Act on the Immigration and Legal Status of Overseas Koreans is valid;

(b) The alien shall be a person identified by the Minister of Justice as a national of a country with which the Republic of Korea has a valid memorandum of understanding, agreement, etc. or has agreed in any other manner to conduct entry and departure inspections by using informatization devices mutually;

(c) The alien shall be a person whom the Minister of Justice identifies as a person required to undergo an entry inspection by informatization devices on any other ground;

2. An alien shall have been fingerprinted, and his/her face shall have been photographed, as prescribed by Ordinance of the Ministry of Justice;

3. An alien shall satisfy other requirements prescribed and publicly announced by the Minister of Justice.

(5) The presentation of an entry card under the main sentence of paragraph (1) and the placement of an entry stamp under paragraph (3) shall be omitted for an alien who has undergone an entry inspection under paragraph (4).

(6) Where an immigration control official decides not to permit the entry of an alien into the Republic of Korea pursuant to Articles 12 (4) and 12-2 (2) of the Act and if he/she deems the case important, he/she shall immediately report such case to the Minister of Justice.

(7) Where an immigration control official permits the entry of an alien eligible under Article 7 (2) 2 of the Act into the Republic of Korea, he/she shall place an entry stamp under paragraph (3) in the alien’s passport and enter the status and period of stay prescribed in 4. Visa Exempted (B-1) in attached Table 1: Provided, That where the immigration control official permits the entry of an alien intending to reside in the Republic of Korea, who is subject to the Visa Exemption Agreement for diplomats and government officials, into the Republic of Korea, he/she shall enter the status and period of stay prescribed in 1. Diplomacy (A-1) or 2. Foreign Government Official (A-2) in attached Table 1.

(8) Where any of the following applies to an alien who undergoes an entry inspection, an immigration control official may permit the alien to enter the Republic of Korea after correcting the details of his/her visa, as prescribed by Ordinance of the Ministry of Justice:

1. Where the classification of a visa issued by the head of an overseas diplomatic mission, the status of stay, the period of stay, etc. are clearly erroneous;

2. Where the expiration date of the period of stay stated in a multiple-entry visa for the status of stay for 31. Work and Visit (H-2) in attached Table 1 goes beyond the expiration date of the period of validity of such multiple-entry visa.

(9) 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 12-4 (1) of the Act and procedures for the notification thereof.

(10) Article 1 (4) shall apply mutatis mutandis to procedures for entry of alien crew members employed in a ship, etc. of the Republic of Korea.

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

Article 13 (Conditional Entry Permission)

(1) The head of a Regional Immigration Service may grant conditional entry permission to any of the following aliens, as prescribed by Presidential Decree:

1. A person who fails to meet any of the requirements provided for in Article 12 (3) 1 due to extenuating circumstances but is deemed able to meet such requirements within a specified period;

2. A person who is suspected of falling under any subparagraph of Article 11 (1), or of failing to meet any of the requirements provided for in Article 12 (3) 2, and is thus deemed to be subject to a special inspection;

3. Any other person whose case is deemed, by the head of the Regional Immigration Service, to require conditional entry permission for any reasons other than those provided for in subparagraphs 1 and 2.

(2) In granting conditional entry permission under paragraph (1), the head of a Regional Immigration Service shall issue a conditional entry permit to an alien. In such cases, the head of a Regional Immigration Service shall restrict his/her residence, and impose obligation to comply with requests to appear, and impose necessary conditions on the permit and may require the alien to deposit a bond not exceeding ten million won, where deemed necessary.

(3) If an alien granted conditional entry permission under paragraph (1) violates any of the conditions for such permission, the head of the competent Regional Immigration Service may transfer the deposited bond, in whole or in part, to the fund of the National Treasury.

(4) The deposit and return of bonds and procedures for the transfer of such bonds to the fund of the National Treasury under paragraphs (2) and (3) shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 10282, May 14, 2010]

Enforcement Ordinance

Article 16 (Conditional Entry Permission)

(1) The head of an office or the head of a branch office may set the period of permission for up to 72 hours upon granting conditional entry permission to an alien pursuant to Article 13 (1) of the Act.

(2) When an alien granted conditional entry permission fails to meet or unlikely to meet the conditions within the period of such permission due to extenuating circumstances, the head of an office or the head of a branch office may extend the period of such conditional entry permission by up to the period of permission initially set under paragraph (1).

(3) When an immigration control official deems that an alien granted conditional entry permission meets the requirements referred to in Article 12 (3) of the Act within the period of such permission, he/she shall conduct an entry inspection pursuant to Article 15 (1) through (3). In such cases, the date of entry into .the Republic of Korea shall be the date of the conditional entry permission.

(4) When an immigration control official conducts an entry inspection pursuant to paragraph (3), he/she shall require the relevant alien to surrender the conditional entry permit.

(5) When an alien granted conditional entry permission leaves the Republic of Korea without undergoing an entry inspection under paragraph (3), an immigration control official shall require the relevant alien to surrender the conditional entry permit.

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

Enforcement Ordinance

Article 17 (Deposit and Return of Bonds, and Procedures for Transfer of such Bonds to National Treasury)

(1) When the head of an office or the head of a branch office requires an alien to deposit a bond pursuant to Article 13 (2) of the Act, he/she shall set the amount of the bond in consideration of money in hand, the purpose of entry into the Republic of Korea, expenses for stay, and other circumstances of the alien.

(2) When the head of an office or the head of a branch office receives a bond deposited under paragraph (1), he/she shall inform the alien of the intent that such bond may be transferred to the fund of the National Treasury if he/she violates any of the conditions imposed under Article 13 (2) of the Act, and procedures for the deposit, payment, etc. of bonds shall follow the procedures for managing the money under the Government’s custody.

(3) A bond deposited by an alien under paragraph (1) shall be returned to the alien when he/she undergoes an entry inspection pursuant to Article 16 (3), or when he/she leaves the Republic of Korea due to his/her failure to meet any of the requirements referred to in the subparagraphs of Article 12 (3) of the Act within the period of permission.

(4) When an alien granted conditional entry permission has fled or fails, without good cause, to comply with a request to appear on at least two occasions, the head of an office or the head of a branch office may fully transfer the bond to the fund of the National Treasury, and when the alien violates any term or condition of the permission on other grounds, the head of an office or the head of a branch office may partially transfer the bond to the fund of the National Treasury.

(5) If the head of an office or the head of a branch office decides to transfer a bond to the fund of the National Treasury pursuant to paragraph (4), he/she shall issue a notice of transfer of the bond to the fund of the National Treasury, stating the grounds for such decision, the amount of the bone transferred to the fund of the National Treasury and other relevant matters.

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

Enforcement Ordinance

Article 94 (Revocation and Change of Various Permission, etc.)

(1) When the Minister of Justice has revoked or changed permission to extend the period of stay of an alien or other permission pursuant to Article 89 (1) of the Act, he/she shall notify the alien of the revocation or change thereof, and enter the purport thereof in the alien’s passport.

(2) When a permit held by an alien, such as a visa issuance certificate under Article 9 of the Act, a conditional entry permit under Article 13 of the Act, a crewman’s landing permit under Article 14 of the Act, a landing permit for tourism under Article 14-2 of the Act or a permit to engage in activities not covered by his/her original status of stay issued pursuant to Article 20 of the Act, is revoked pursuant to paragraph (1), an immigration control official shall withdraw the permit.

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

SECTION 2 Landing of Aliens

Article 14 (Landing Permission for Crew)

(1) An immigration control official may permit the landing of any of the following alien crew members for up to 15 days if an application for landing is filed by the captain of the ship, etc., the forwarding agent or the principal: Provided, That this shall not apply to an alien crew member falling under any subparagraph of Article 11 (1):

1. An alien crew member who intends to land for the purpose of recreation, etc. while the ship, etc. on which he/she serves moors at any port of entry and departure in the Republic of Korea;

2. An alien crew member who intends to transfer to a ship, etc. scheduled to enter any port of entry and departure in the Republic of Korea or to a ship, etc. which moors thereat.

(2) Upon receipt of an application filed under paragraph (1), an immigration control official shall verify the following documents: Provided, That where any agreement, etc. with foreign countries stipulates that a seafarers’ identity document may substitute for a passport, the immigration control official may verify a seafarers’ identity document, in lieu of a passport:

1. A passport or seafarers’ identity document, where an alien crew member referred to in paragraph (1) 1 is a seafarer;

2. A passport and a document prescribed by Presidential Decree, where an alien crew member referred to in paragraph (1) 2 is a seafarer: Provided, That where such member falls under Article 7 (2) 3, the immigration control official shall verify his/her passport;

3. A passport in the case of other alien crew members.

(3) When an immigration control official grants permission under paragraph (1), he/she shall issue a crewman’s landing permit. In such cases, he/she may impose necessary conditions, such as the period permitted for landing, restrictions on districts within which a crew member can move, etc. on the crew landing permit.

(4) Notwithstanding the latter part of paragraph (3), Article 12 shall apply mutatis mutandis to landing permission for crew member falling under paragraph (1) 2.

(5) The head of a Regional Immigration Service may extend the period of landing permission for alien crew granted landing permission, where deemed necessary.

(6) Crew landing permits issued under paragraph (3) may be continuously used in any other port of entry and departure in the Republic of Korea until the relevant ship, etc. finally departs from the Republic of Korea.

(7) Article 12-2 shall apply mutatis mutandis to fingerprinting and photographing of alien crew: Provided, That this shall not apply where the crew is a seafarer and it is impracticable for him/her to be fingerprinted and photographed in following the procedures for obtaining landing permission.

[This Article Wholly Amended on May 14, 2010]

Enforcement Ordinance

Article 18 (Landing Permission for Crew)

(1) To apply for landing permission for an alien crew member pursuant to Article 14 (1) of the Act, an application for landing permission shall be submitted (including submission via the Integrated National Logistics Information Center established under Article 30-2 (1) of the Framework Act on Logistics Policies) to an immigration control official.

(2) "Document prescribed by Presidential Decree" in the main sentence of Article 14 (2) 2 of the Act means a written confirmation of scheduled boarding or an electronic document containing the fact that the alien crew member is scheduled to enter the Republic of Korea.

(3) An application for landing permission for an alien crew member submitted under paragraph (1) to transfer the alien crew member to another ship, etc. or land at any other port of entry and departure in the Republic of Korea pursuant to Article 14 (6) of the Act shall be accompanied by materials explaining the grounds therefor.

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

Enforcement Ordinance

Article 18-2 (Multiple Landing Permission for Crew Members)

(1) When an immigration control official grants landing permission to an alien crew member of a ship, etc. which regularly plies or frequently enters or leaves a port of the Republic of Korea pursuant to Article 14 (1) of the Act, he/she may grant multiple landing permission that enables the alien crew member to land at least twice within the period of validity of such permission.

(2) When granting permission under paragraph (1), an immigration control official shall issue a multiple crewman’s landing permit, which is valid for a period of one year with the permitted period for landing of up to 15 days.

(3) Specific criteria for granting multiple landing permission for crew members under paragraph (1) shall be separately prescribed by the Minister of Justice.

(4) Article 18 (1) shall apply mutatis mutandis to cases falling under paragraph (1).

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

Enforcement Ordinance

Article 21 (Extension of Period of Landing Permission)

(1) Where a person who has obtained landing permission under Article 14 (1), 14-2 (1), 15 (1), 16 (1) or 16-2 (1) of the Act is unable to depart from the Republic of Korea within the permitted period, the applicant for landing permission shall submit an application for an extension of the period of landing permission that shall contain the grounds for such extension, to the head of an office or the head of a branch office.

(2) The period that may be extended on one occasion when an application for an extension is filed under paragraph (1) shall not exceed the period provided in Article 14 (1), 14-2 (1), 15 (1), 16 (1) or 16-2 (1) of the Act.

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

Enforcement Ordinance

Article 94 (Revocation and Change of Various Permission, etc.)

(1) When the Minister of Justice has revoked or changed permission to extend the period of stay of an alien or other permission pursuant to Article 89 (1) of the Act, he/she shall notify the alien of the revocation or change thereof, and enter the purport thereof in the alien’s passport.

(2) When a permit held by an alien, such as a visa issuance certificate under Article 9 of the Act, a conditional entry permit under Article 13 of the Act, a crewman’s landing permit under Article 14 of the Act, a landing permit for tourism under Article 14-2 of the Act or a permit to engage in activities not covered by his/her original status of stay issued pursuant to Article 20 of the Act, is revoked pursuant to paragraph (1), an immigration control official shall withdraw the permit.

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

Article 14-2 (Landing Permission for Tourism)

(1) Where the captain of a ship or the forwarding agent applies for landing permission for alien passengers on board the ship prescribed by Ordinance of the Ministry of Justice from among passenger ships making a tour and operating internationally in the seas of the Republic of Korea and foreign countries for the purpose of tourism, an immigration control official may grant landing permission for tourism to such alien passengers for up to three days: Provided, That this shall not apply to alien passengers falling under any of the subparagraphs of Article 11 (1).

(2) Upon receipt of an application for landing permission filed under paragraph (1), an immigration control official shall verify following documents:

1. Passports of alien passengers;

2. A list of alien passengers;

3. Other documents prescribed by Ordinance of the Ministry of Justice.

(3) Article 14 (3) and (5) shall apply mutatis mutandis to landing permits for tourism and extensions of the period of landing permission under paragraph (1). In such cases, "crewman’s landing permit" shall be construed as "landing permit for tourism," "landing permission for crew" as "landing permission for tourism" and "alien crew member" as "alien passenger," respectively.

(4) Article 12-2 shall apply mutatis mutandis to fingerprinting and photographing of alien passengers who intend to obtain landing permission for tourism under paragraph (1): Provided, That this shall not apply where it is impracticable for an alien passenger to be fingerprinted and photographed in following the procedures for obtaining landing permission.

(5) Except as otherwise expressly provided for in paragraphs (1) through (4), criteria and procedures for the granting of landing permission for tourism and other necessary matters shall be prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 11224, Jan. 26, 2012]

Enforcement Ordinance

Article 18-3 (Criteria for Landing Permission for Tourism)

(1) The captain of a ship or the forwarding agent that applies for landing permission for alien passengers on board the passenger ship making a tour and operating internationally in the seas of the Republic of Korea and foreign countries for the purpose of tourism pursuant to Article 14-2 (1) of the Act after reviewing whether alien passengers meet the criteria provided in paragraph (2).

(2) An immigration control official shall consider the following matters when granting landing permission for tourism:

1. Whether an alien passenger holds his/her valid passport;

2. Whether an alien passenger plans to depart from the Republic of Korea after he/she left a ship for the purpose of tourism and returned to the ship he/she left at the port of call he/she left the ship;

3. Whether an alien passenger falls any of the following and is prescribed by the Minister of Justice:

(a) A person who may enter the Republic of Korea without a visa under the Visa Exemption Agreement, etc.;

(b) A person who intends to stay in Jeju Special Self-Governing Province after entering Jeju Special Self-Governing Province without a visa pursuant to Article 197 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City;

(c) A national of a country that has entered into an agreement on the mutual attraction of group tourists or has agreed otherwise with the Republic of Korea;

(d) A person to whom it is necessary to grant landing permission for tourism in accordance with items (a) through (c);

4. Whether an alien passenger meets other requirements prescribed by the Minister of Justice in consideration of the national interest, such as promoting international friendship and tourism.

(3) In any of the following circumstances, no immigration control official shall grant landing permission for tourism:

1. Where an alien passenger is subject to prohibition or refusal of entry into the Republic of Korea under Article 11 of the Act;

2. Where the captain of a ship or the forwarding agent is deemed to have failed in managing alien passengers conscientiously considering that the rate of no return to the ship of alien passengers for whom the captain of the ship or the forwarding agent obtained landing permission for tourism in the past surpassed the threshold prescribed by the Minister of Justice;

3. Where the Minister of Justice deems it unnecessary to grant landing permission for tourism in consideration of border controls for the security of the Republic of Korea, the necessity of the management of stay, etc.

(4) Landing permission for tourism becomes void immediately after a ship that alien passengers left departs from the port. The same shall also apply where a period of landing permission is extended.

(5) Paragraphs (2) and (3) shall apply mutatis mutandis to criteria for extension of the period of landing permission pursuant to Article 14-2 (3) of the Act.

[This Article Newly Inserted by Presidential Decree No. 23818, May 25, 2012]

Enforcement Ordinance

Article 18-4 (Procedures for Landing Permission for Tourism)

(1) When the captain of a ship or the forwarding agent applies for landing permission for tourism pursuant to Article 14-2 (1) of the Act, he/she shall submit an application for landing permission for tourism and documents referred to in the subparagraphs of Article 14-2 (2) of the Act to an immigration control official.

(2) Where an immigration control official issues a landing permit for tourism pursuant to Article 14-2 (3) of the Act, he/she may issue a landing permit for group tourism in consideration of the sameness of travel itinerary of alien passengers in the Republic of Korea.

(3) Except as otherwise expressly provided for in paragraphs (1) and (2), detailed matters regarding the procedures for landing permission for tourism shall be prescribed by the Minister of Justice.

[This Article Newly Inserted by Presidential Decree No. 23818, May 25, 2012]

Article 15 (Emergency Landing Permission)

(1) If it is deemed necessary for an alien on board a ship, etc. (including crew members) to land urgently due to a disease or any other accident, an immigration control official may permit an emergency landing for up to 30 days, upon receipt of an application filed by the captain of the ship, etc. or the forwarding agent.

(2) Article 14 (3) and (5) shall apply mutatis mutandis to paragraph (1). In such cases, "crewman’s landing permit" shall be construed as "emergency landing permit" and "landing permission for crew" as "emergency landing permission."

(3) The captains of ships, etc. or forwarding agents shall bear the living, medical and funeral expenses of a person who makes an emergency landing, and all other expenses incurred during such landing.

[This Article Wholly Amended by Act No. 10282, May 14, 2010]

Enforcement Ordinance

Article 19 (Emergency Landing Permission)

When the captain of a ship, etc. or a forwarding agent applies for emergency landing permission for an alien on board the ship, etc. pursuant to Article 15 (1) of the Act, he/she shall submit an application for landing permission that shall be accompanied by documents explaining the grounds therefor to an immigration control official.

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

Article 16 (Landing Permission in Distress)

(1) If the head of a Regional Immigration Service deems it necessary to urgently rescue aliens on board a ship, etc. in distress (including crew members), he/she may grant landing permission in distress for up to 30 days, upon the request of the captain of the ship, etc., the forwarding agent, the person conducting rescue operations under the Act on the Search and Rescue, etc. in waters, or the captain of a ship, etc. that has rescued the aliens.

(2) Article 14 (3) and (5) shall apply mutatis mutandis to paragraph (1). In such case, "crewman’s landing permit" shall be constructed as "landing permit in distress", and "landing permission for crew", as "landing permission in distress".

(3) Article 15 (3) shall apply mutatis mutandis to living expenses, etc. of persons granted landing permission in distress. In such cases, "emergency landing" shall be construed as "landing in distress."

[This Article Wholly Amended by Act No. 10282, May 14, 2010]

Enforcement Ordinance

Article 20 (Landing Permission in Distress)

When the captain of a ship, etc., a forwarding agent, a person conducting rescue operations, the captain of a ship, etc. that has rescued an alien etc. applies for landing permission in distress pursuant to Article 16 (1) of the Act, he/she shall submit an application for landing permission that shall be accompanied by an accident report that contains the name of the ship, etc. in distress, the place where the accident has occurred, the date and time the accident has occurred, and the grounds therefor, to the head of an office or the head of a branch office.

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

Article 16-2 (Temporary Landing Permission for Refugees)

(1) Where an alien on board a ship, etc. escapes from a territory in which he/she is afraid that his/her life, body or physical freedom might be infringed for the reasons provided for in subparagraph 1 of Article 2 of the Refugee Act or other equivalent reasons, and requests his/her protection immediately to the Republic of Korea, the head of the competent Regional Immigration Service may grant temporary landing permission for a refugee for up to 90 days with approval from the Minister of Justice, if it is deemed well-grounded to allow the alien to land. In such cases, the Minister of Justice shall consult with the Minister of Alien Affairs.

(2) Article 14 (3) and (5) shall apply mutatis mutandis to paragraph (1). In such cases, "crewman’s landing permit" shall be construed as "temporary landing permit for refugees" and "landing permission for crew" as "temporary landing permission for refugees," respectively.

(3) Article 12-2 shall apply mutatis mutandis to fingerprinting and photographing of aliens who request protection under paragraph (1).

[This Article Wholly Amended by Act No. 10282, May 14, 2010]

Enforcement Ordinance

Article 20-2 (Temporary Landing Permission for Refugees)

(1) When an alien on board of a ship, etc. applies for temporary landing permission for refugees pursuant to Article 16-2 (1) of the Act, he/she shall submit an application for temporary landing permission for refugees that shall be accompanied by documents explaining the grounds therefor, to the head of an office or the head of a branch office.

(2) Upon receipt of an application submitted under paragraph (1), the head of an office or the head of a branch office shall send the application to the Minister of Justice along with his/her opinion.

(3) When the Minister of Justice grants approval of an application submitted under paragraph (1), the head of an office or the head of a branch office shall issue a temporary landing permit for refugee to the alien and designate his/her abode in a facility, etc. prescribed by the Minister of Justice.

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

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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