IMMIGRATION CONTROL ACT [See entire ACT]

CHAPTER Ⅳ Stay and Departure of Foreigners

SECTION 1 Stay of Aliens

Article 17 (Stay and Scope of Activity of Aliens)

(1) Every alien may stay in the Republic of Korea as permitted by his/her status of stay and within the authorized period of stay.

(2) No alien staying in the Republic of Korea shall engage in any political activity unless otherwise permitted by this Act or other Acts.

(3) If an alien staying in the Republic of Korea engages in any political activity, the Minister of Justice may order the alien in writing to suspend such activity or may issue other necessary orders.

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

Enforcement Ordinance

Article 22 (Suspension Orders)

Where the Minister of Justice intends to order an alien to suspend activities pursuant to Article 17 (3) of the Act, he/she shall directly issue a written order of suspension, stating the following matters, to the relevant alien or via the head of an office or the head of a branch office:

1. To suspend such activities immediately;

2. The Minister of Justice will take measures, such as deportation, if the alien fails to comply with the suspension order;

3. Other necessary matters.

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

Enforcement Ordinance

Article 88 (Obligation to Repatriate)

(1) When the head of an office or the head of a branch office requests the captain of a ship, etc. or a forwarding agent to repatriate a person falling under any subparagraph of Article 76 of the Act, he/she shall issue a repatriation order: Provided, That he/she may make such request verbally in an emergency, and he/she shall promptly issue a repatriation order thereafter in such cases.

(2) Upon completing the repatriation of an alien under paragraph (1), the captain of a ship, etc. or a forwarding agent shall report the result thereof to the head of an office or the head of a branch office in writing.

(3) The captain of a ship, etc. or a forwarding agent shall bear expenses, etc. incurred in transporting, boarding and lodging an alien and physically restrain the alien until he/she repatriates such alien he/she is requested to repatriate pursuant to paragraph (1).

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

Article 18 (Restrictions on Employment of Aliens)

(1) Every alien who intends to engage in employment in the Republic of Korea shall obtain the status of stay that entitles him/her to engage in job-seeking activities, as prescribed by Presidential Decree.

(2) No alien having the status of stay referred to in paragraph (1) shall work at any place, other than the designated workplace.

(3) No person shall employ any person not holding the status of stay referred to in paragraph (1).

(4) No person shall arrange or solicit the employment of a person not holding the status of stay referred to in paragraph (1).

(5) No person shall place any alien not holding the status of stay referred to in paragraph (1) under his/her control in order to arrange the employment of such alien.

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

Enforcement Ordinance

Article 23 (Employment and Status of Stay of Aliens)

(1) Status of stay that entitles an alien to engage in job-seeking activities under Article 18 (1) of the Act shall be such status of stay as 9. Short-Term Employee (C-4), 19. Professor (E-1) through 25. Foreign National of Special Ability (E-7), 25-3. Non-Professional (E-9), 25-4. Maritime Crew (E-10), and 31. Work and Visit (H-2) in attached Table 1. In such cases, "job-seeking activities" means all activities permitted under the relevant status of stay.

(2) Notwithstanding paragraph (1), none of the following persons shall be subject to restrictions on job-seeking activities based on the classification of status of stay specified in attached Table 1:

1. A person holding the status of stay falling under any of items (a) through (c) and (i) through (l) of 27. Residence (F-2) in attached Table 1;

2. A person who holds the status of stay referred to in item (d), (f) or (g) of 27. Residence (F-2) in attached Table 1 and continues to engage in activities in the field falling under his/her former status of stay;

3. A person holding the status of stay of 28-4. Marriage Migrant (F-6) in attached Table 1.

(3) Notwithstanding paragraph (1), no person holding the status of stay of 28-2. Overseas Korean (F-4) in attached Table 1 shall be subject to restrictions on activities based on the classification of status of stay specified in attached Table 1, except in any of the following circumstances: Provided, That even where job seeking is allowed, when a specific qualification is required under the statutes of the Republic of Korea, he/she shall obtain such qualification:

1. Where he/she engages in unskilled labor;

2. Where he/she engages in conduct disturbing good morals or other social order;

3. Where restrictions on his/her employment are deemed necessary for maintaining public interests, employment order, etc. in the Republic of Korea.

(4) Notwithstanding paragraph (1), no person holding the status of stay of 28-3. Permanent Resident (F-5) in attached Table 1 shall be subject to restrictions on activities based on the classification of status of stay as specified in attached Table 1.

(5) Where a person holding the status of stay for 30. Working Holiday (H-1) in attached Table 1 engages in job-seeking activities, he/she shall be deemed to have the status of stay that entitles him/her to engage in job-seeking activities under paragraph (1).

(6) The specific scope of each subparagraph of paragraph (3) shall be prescribed by Ordinance of the Ministry of Justice.

(7) When the following matters are discussed by the Foreign Manpower Policy Committee pursuant to Article 4 (2) of the Act on the Employment, etc. of Foreign Workers, the Vice Minister of Justice and the Vice Minister of Employment and Labor shall first consult about the matters to be discussed and jointly bring them up for discussion, and the Minister of Justice and the Minister of Employment and Labor shall jointly announce the matters discussed and a resolution passed:

1. An annual quota for persons who fall under item (a) (ⅶ) of the status of stay for 31. Work and Visit (H-2) in attached Table 1;

2. The ceiling on the number of employees for each place of business for the persons holding the status of stay for 31. Work and Visit (H-2) in attached Table 1.

(8) Where the Minister of Justice determines the following matters, he/she may announce such matters:

1. Important matters concerning the issuance of visas for persons falling under item (a) (ⅶ) of the status of stay for 31. Work and Visit (H-2) in attached Table 1;

2. Matters concerning the detailed allotment by nationality of the annual quota for persons decided pursuant to paragraph (7) 1 (in such cases, the number of Korean nationals in each country in which they reside, economic level, diplomatic relations with the Republic of Korea, etc. shall be considered);

3. Other important matters concerning the entry and scope of activities of persons holding the status of stay for 31. Work and Visit (H-2) in attached Table 1.

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

Article 19 (Obligation to Report by Employers, etc. of Aliens)

(1) An employer of an alien granted status of stay that entitles the alien to engage in job-seeking activities under Article 18 (1) shall report any of the following circumstances to the head of the competent Regional Immigration Service within 15 days, as prescribed by Presidential Decree, if:

1. He/she has dismissed the alien or the alien has resigned or died;

2. The whereabouts of the employed alien becomes unknown;

3. He/she has amended the important terms of the employment contract with the alien.

(2) Paragraph (1) shall apply mutatis mutandis to the heads of establishments which provide aliens with industrial technology training pursuant to Article 19-2.

(3) Where an employer of an alien subject to the Act on the Employment, etc. of Foreign Workers file a report under paragraph (1), he/she shall be deemed to have filed a report under the Article 17 (1) of the said Act if such report is filed on any of the grounds for reporting under Article 17 (1) of the said Act.

(4) Upon receipt of a report under paragraph (1), the head of the competent Regional Immigration Service shall, without delay, give notice to the head of the employment security office defined in subparagraph 1 of Article 2-2 of the Employment Security Act having jurisdiction over the location of the employer of the alien in question, if the details of the report fall under paragraph (3).

[This Article Wholly Amended on May 14, 2010]

Enforcement Ordinance

Article 24 (Reporting by Employers, etc. of Aliens)

(1) Where an employer of an alien or the head of an establishment providing industrial technology training for aliens intends to file a report pursuant to Article 19 of the Act, he/she shall submit a report on the occurrence of reasons for any change regarding aliens he/she employs and trains, to the head of an office or the head of a branch office.

(2) Circumstances in which an employer of an alien amends the important terms of the employment contract under Article 19 (1) 3 of the Act mean:

1. Where he/she has changed the period of the employment contract;

2. Where the employer or the representative is changed, the name of workplace is changed, or the location thereof is changed following the relocation of the workplace: Provided, That excluded herefrom are:

(a) Where a State agency or local government employs an alien;

(b) Where a school defined in Article 2 of the Elementary and Secondary Education Act or Article 2 of the Higher Education Act or a higher educational institution established under special Acts employs an alien;

(c) Where the representative of a corporation is changed;

(d) Where an alien changes his/her workplace pursuant to Article 21 (1) of the Act;

3. Where an employee is placed under other Acts, such as the Act on the Protection, etc. of Temporary Agency Workers, (including where the workplace to which the employee has been placed is changed).

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

Article 19-2 (Aliens’ Technical Training Activities)

(1) The Minister of Justice shall take necessary measures to support appropriate training activities of aliens (hereinafter referred to as "technical trainee") who are recruited for technical training activities in the Republic of Korea by designated industrial establishments, such as those that have made a direct investment in foreign countries and exporters of technologies or industrial facilities to foreign countries.

(2) The designation of industrial establishments, the recruitment of technical trainees and their entry into the Republic of Korea under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.

(3) Matters necessary for the management of technical trainees, such as investigations as to whether a technical trainee has absconded from the place of training, has engaged in activities other than training activities, or has violated any terms and conditions of permission, and measures requiring them to depart from the Republic of Korea, shall be separately prescribed by the Minister of Justice.

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

Enforcement Ordinance

Article 24-2 (Technical Training Establishments, etc.)

Industrial establishments in which aliens are able to engage in technical training activities pursuant to Article 19-2 of the Act are as follows:

1. An industrial establishment which has made an overseas direct investment as defined in Article 3 (1) 18 of the Foreign Exchange Transactions Act;

2. An industrial establishment that exports technologies to foreign countries and that the Minister of Justice deems required conducting technical training;

3. An industrial establishment which exports industrial plants to foreign countries pursuant to Article 32 (1) of the Foreign Trade Act;

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

Article 19-3 Deleted.

Article 19-3 Deleted.

Article 19-4 (Management of Alien Students)

(1) The head of a school (referring to schools referred to in the subparagraphs of Article 2 of the Higher Education Act; hereinafter the same shall apply) where aliens whose status of stay permits undergraduate or postgraduate studies or training activities in the Republic of Korea among statuses of stay under Article 10 (hereinafter referred to as "alien student") are either taking a course or participating in a training program, shall designate a staff member to be in charge of the management of such alien students and notify the head of the competent Regional Immigration Service of such designation.

(2) When any of the following grounds occurs, the head of a school referred to in paragraph (1) shall report (including reporting via a telecommunications network) thereon to the head of the competent Regional Immigration Service within 15 days, as prescribed by Presidential Decree:

1. When an alien student admitted to a course or training program fails to enroll by the enrollment deadline of each semester or is on temporary leave from school;

2. When an alien student fails to complete his/her study or training after expulsion from school, discontinued attendance, his/her disappearance, etc.

(3) Matters necessary for the management of alien students shall be prescribed by Presidential Decree.

[This Article Wholly Amended on May 14, 2010]

Enforcement Ordinance

Article 24-8 (Management, etc. of Alien Students)

(1) The head of a school referred to in Article 19-4 (1) of the Act shall conduct the following affairs:

1. Administration of attendance issues, acquisition of credits, etc. of alien students under Article 19-4 (1) of the Act (hereinafter referred to as "alien students");

2. Counseling necessary to prevent the secession of alien students;

3. Notifying the head of an office or the head of a branch office of the status of administration and counseling under subparagraphs 1 and 2 (including notification via a telecommunications network).

(2) A staff member in charge of the management of alien students designated under Article 19-4 (1) of the Act may conduct the affairs referred to in paragraph (1).

(3) The Minister of Justice may prescribe detailed matters regarding the procedures for conducting the affairs referred to in paragraph (1).

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

Article 20 (Activities not Covered by Status of Stay)

If an alien staying in the Republic of Korea intends to engage in activities permitted under a different status of stay, in addition to those activities permitted under his/her original status of stay, he/she shall obtain prior permission to engage in such activities, other than those permitted under his/her original status of stay, from the Minister of Justice, as prescribed by Presidential Decree.

[This Article Wholly Amended on May 14, 2010]

Enforcement Ordinance

Article 25 (Permission to Engage in Activities not Covered by Original Status of Stay)

(1) An alien who intends to obtain permission to engage in activities corresponding to another status of stay while engaging in activities covered by his/her original status of stay pursuant to Article 20 of the Act shall file an application for permission to engage in activities not covered by his/her original status of stay that shall be accompanied by documents prescribed by Ordinance of the Ministry of Justice with the head of an office or the head of a branch office.

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

(3) When the Minister of Justice approves the application filed under paragraph (1), the head of an office or the head of a branch office shall place a stamp on the passport or affix a sticker permitting the applicant to engage in activities not covered by his/her original status of stay on the passport: Provided, That when an applicant has no passport or the head of an office or the head of a branch office deems it necessary, he/she may issue a permit to engage in activities not covered by his/her original status of stay, in lieu of placing a stamp or affixing a sticker permitting the applicant to engage in activities not covered by his/her original status of stay on the passport.

[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 21 (Change and Addition of Workplace)

(1) If an alien staying in the Republic of Korea intends to change or add his/her workplace within the scope of his/her status of stay, he/she shall obtain prior permission from the Minister of Justice, as prescribed by Presidential Decree: Provided, That a person prescribed by Presidential Decree who has expert knowledge, skill or ability shall report to the Minister of Justice within 15 days of change or addition of his/her workplace, as prescribed by Presidential Decree.

(2) No person shall employ any alien who fails to obtain prior permission to change or add his/her workplace under the main sentence of paragraph (1), nor arrange the employment of such alien: Provided, That this shall not apply where the employment is arranged pursuant to other Acts.

(3) Article 18 (2) shall not apply to any person falling under the proviso to paragraph (1).

[This Article Wholly Amended on May 14, 2010]

Enforcement Ordinance

Article 26 (Permission to Change or Add Workplace)

(1) A person who intends to obtain permission to change or add his/her workplace pursuant to the main sentence of Article 21 (1) of the Act shall file an application for permission to change or add a workplace that shall be accompanied by documents prescribed by Ordinance of the Ministry of Justice with the head of an office or the head of a branch office.

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

(3) When the Minister of Justice approves an application for permission to change a workplace filed under paragraph (1), the head of an office or the head of a branch office shall place a stamp permitting the change of a workplace and enter the changed workplace and the period of stay in the passport or affix a sticker permitting the change of the workplace on the passport.

(4) When the Minister of Justice approves an application for permission to add a workplace filed under paragraph (1), the head of an office or the head of a branch office shall place a stamp permitting the addition of a workplace and enter the added workplace and the period of validity in the passport or affix a sticker permitting the addition of the workplace on the passport.

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

Enforcement Ordinance

Article 26-2 (Reporting on Change or Addition of Workplace)

(1) "Person prescribed by Presidential Decree" in the proviso to Article 21 (1) of the Act means an alien holding the status of stay for 19. Professor (E-1) through 25. Foreign National of Special Ability (E-7) in attached Table 1, satisfying requirements publicly announced by the Minister of Justice.

(2) A person who intends to report the change or addition of his/her workplace pursuant to the proviso to Article 21 (1) of the Act shall submit a report on the change or addition of workplace that shall be accompanied by documents prescribed by Ordinance of the Ministry of Justice, to the head of an office or the head of a branch office.

(3) The head of an office or branch office shall immediately send a report and accompanying documents submitted under paragraph (2) to the Minister of Justice.

(4) When the Minister of Justice has accepted a report on the change or addition of workplace under paragraph (2), the head of an office or branch office shall place a report stamp on the change or addition of workplace on the passport of a reporter and enter the changed or added workplace and the period of stay or the period of validity therein or affix a report sticker on the change or addition of workplace on the passport.

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

Article 22 (Restrictions on Scope of Activities)

If it is deemed necessary for maintaining public peace and order or important interests of the Republic of Korea, the Minister of Justice may restrict the residence or scope of activities of any alien staying in Korea or determine necessary matters to be observed by such alien.

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

Enforcement Ordinance

Article 27 (Restrictions on Scope of Activities)

When the Minister of Justice restricts the residence or scope of activities of an alien or prescribes matters to be observed pursuant to Article 22 of the Act, he/she shall issue a notice of restrictions on the scope of activities, etc. stating the restrictions or matters to be observed and the grounds therefor, directly to the relevant alien or via 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 23 (Granting Status of Stay)

(1) Where any of the following aliens stays in the Republic of Korea without obtaining a status of stay under Article 10, he/she shall obtain a status of stay, as prescribed by Presidential Decree, within the period classified as follows:

1. An alien born in the Republic of Korea: 90 days from the date of his/her birth;

2. An alien who has any other reason, such as loss or renunciation of the nationality of the Republic of Korea while staying in the Republic of Korea: 60 days from the date such reason occurs.

(2) Standards for examining whether to grant a status of stay under paragraph (1) shall be prescribed by Ordinance of the Ministry of Justice.

[This Article Wholly Amended on Jun. 9, 2020]

Enforcement Ordinance

Article 29 (Granting Status of Stay)

(1) A person who intends to obtain status of stay pursuant to Article 23 of the Act shall file an application for status of stay that shall be accompanied by documents prescribed by Ordinance of the Ministry of Justice with the head of an office or the head of a branch office, who shall immediately send the application and documents to the Minister of Justice.

(2) When the Minister of Justice grants status of stay based on an application filed under paragraph (1), he/she shall notify the head of an office or the head of a branch office of the prescribed period of stay.

(3) Upon receipt of notification under paragraph (2), the head of an office or the head of a branch office shall place a stamp permitting status of stay, and enter status of stay and a period of stay in the applicant’s passport or affix a sticker permitting status of stay on the applicant’s passport.

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

Enforcement Ordinance

Article 34 (Advance Notice of Departure Following Grant of Status of Stay, etc.)

Where the Minister of Justice grants status of stay or permits the change of status of stay, etc. in accordance with Articles 23 through 25 of the Act, and when he/she decides not to permit an extension of the period of stay thereafter, the head of an office or the head of a branch office shall state in the passport that its holder shall leave the Republic of Korea within the permitted period of stay.

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

Article 24 (Permission to Change Status of Stay)

(1) If an alien staying in the Republic of Korea intends to engage in any activity permitted under a status of stay not covered by his/her original status of stay, the alien shall obtain prior permission to change his/her original status of stay from the Minister of Justice, as prescribed by Presidential Decree.

(2) A person who falls under any subparagraph of Article 31 (1) and intends to change his/her status of stay due to a change of his/her status shall obtain permission to change his/her original status of stay from the Minister of Justice within 30 days of the change of his/her status.

(3) Standards for examining whether to grant permission to change a status of stay under paragraph (1) shall be prescribed by Ordinance of the Ministry of Justice.

[This Article Wholly Amended on May 14, 2010]

Enforcement Ordinance

Article 30 (Permission to Change Status of Stay)

(1) A person who intends to obtain permission to change his/her status of stay pursuant to Article 24 (1) of the Act shall file an application for change of status of stay that shall be accompanied by documents prescribed by Ordinance of the Ministry of Justice with the head of an office or the head of a branch office.

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

(3) When the Minister of Justice approves an application for change of status of stay filed under paragraph (1), the head of an office or the head of a branch office shall place a stamp permitting the change of status of stay and enter status of stay, a period of stay and a workplace in the applicant’s passport, or affix a sticker permitting the change of status of stay on the applicant’s passport: Provided, That when an alien registration certificate is issued or reissued, the issuance or reissuance of the certificate shall substitute for the placement of such stamp and entry of status of stay, period of stay, and workplace in or affixing such sticker on the passport.

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

Article 25 (Permission to Extend Period of Stay)

(1) Every alien who intends to continue to stay in excess of the permitted period of stay shall obtain permission to extend his/her period of stay from the Minister of Justice before the expiration of the permitted period of stay, as prescribed by Presidential Decree.

(2) Standards for examining whether to grant permission to extend the period of stay under paragraph (1) shall be prescribed by Ordinance of the Ministry of Justice.

[This Article Wholly Amended on May 14, 2010]

Enforcement Ordinance

Article 31 (Permission to Extend Period of Stay)

(1) A person who intends to obtain permission to extend his/her period of stay under Article 25 of the Act shall file an application for an extension of the period of stay that shall be accompanied by documents prescribed by Ordinance of the Ministry of Justice with the head of an office or the head of a branch office, before the expiration of the permitted period of stay.

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

(3) When the Minister of Justice permits an extension of the period of stay in response to an application under paragraph (1), the head of an office or the head of a branch office shall place a stamp permitting the extension of the period of stay and enter the period of stay in the passport, or affix a sticker permitting the extension of the period of stay on the passport: Provided, That when the Minister of Justice grants an extension of the period of stay to a person who has filed for alien registration, stating the permitted period in the person’s alien registration certificate shall substitute for the placement of such stamp and entry of the period of stay in or affixing such sticker on the passport.

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

Article 25-2 (Special Rules for Immigrants through Marriage)

(1) Where an alien who is the spouse of a national of the Republic of Korea, in whose case a trial in a court, an investigation by an investigative agency or procedures for remedying an infringement of his/her right under other Acts due to domestic violence defined in subparagraph 1 of Article 2 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence is proceeding, applies for an extension of his/her period of stay, the Minister of Justice may grant an extension of the period of stay until such procedures for remedying an infringement of his/her right are completed.

(2) Where the Minister of Justice deems it necessary for an alien to recover from an injury, etc. even after the expiration of the period of stay extended under paragraph (1), he/she may grant an extension of the period of stay.

[This Article Newly Inserted by Act No. 10545, Apr. 5, 2011]

Article 25-3 (Special Rules for Victims of Sexual Crimes)

(1) Where an alien, in whose case a trial in a court, an investigation by an investigative agency, or procedures for remedying an infringement of his/her right under other Acts due to the sexual crime defined in subparagraph 1 of Article 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is proceeding, applies for an extension of his/her period of stay, the Minister of Justice may grant an extension of the period of stay until such procedures for remedying an infringement of his/her are completed.

(2) Where the Minister of Justice deems it necessary for an alien to recover from an injury, etc. even after the expiration of the period of stay extended under paragraph (1), he/she may grant an extension of the period of stay.

[This Article Newly Inserted by Act No. 12893, Dec. 30, 2014]

Article 25-4 (Special Rules for Victims of Child Abuse)

(1) Where a child of an alien or a protector defined in subparagraph 3 of Article 3 of the Child Welfare Act (excluding a child abuser), in whose case a trial in a court, an investigation by an investigative agency, or a procedure for remedying an infringement of his/her right under other statutes due to a crime of child abuse defined in subparagraph 4 of Article 2 of the Act on Special Cases concerning the Punishment of Child Abuse Crimes is proceeding, applies for an extension of his/her period of stay, the Minister of Justice may permit an extension of the period of stay until such procedure for remedying an infringement of his/her is completed.

(2) Where the Minister of Justice deems it necessary for recovering from an injury, etc. even after the expiration of the period of stay extended under paragraph (1), he/she may permit an extension of the period of stay.

[This Article Newly Inserted on Apr. 23, 2019]

Article 26 (Prohibition of Submission, etc. of False Documents)

No person shall engage in any of the following acts in connection with an application for permission under Articles 20, 21, 23 through 25, 25-2, 25-3, and 25-4:

1. Submitting a forged or altered document, etc. as evidentiary materials, submitting an application with a false statement therein, or otherwise filing an application by other improper means;

2. Arranging or soliciting any of the acts specified in subparagraph 1.

[This Article Newly Inserted on Mar. 29, 2016]

Article 27 (Carrying and Presentation of Passports, etc.)

(1) Every alien staying in the Republic of Korea shall always carry his/her passport, seafarers’ identity document, alien entry permit, alien registration certificate or landing permit (hereinafter referred to as "passport, etc."): Provided, That this shall not apply to any alien under 17 years of age.

(2) When an immigration control official or a competent public official demands an alien referred to in the main sentence of paragraph (1) to present his/her passport, etc. in connection with the performance of his/her duty, the alien shall present his/her passport, etc.

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

SECTION 2 Departure of Aliens

Article 28 (Departure Inspections)(

(1) Every alien who departs from the Republic of Korea shall hold a valid passport and undergo a departure inspection conducted by an immigration control official at the port of entry and departure through which he/she departs.

(2) The proviso to Article 3 (1) shall apply mutatis mutandis to a departure inspection at a place, other than a port of entry and departure, in cases falling under paragraph (1).

(3) Article 5 shall apply mutatis mutandis to a forged or counterfeited passport or seafarers’ identity document in the possession of an alien in cases falling under paragraphs (1) and (2).

(4) Article 12 (6) shall apply mutatis mutandis to the entry and departure of ships, etc. in cases falling under paragraphs (1) and (2).

(5) Article 3 (2) shall apply mutatis mutandis to the departure inspections of aliens.

(6) Immigration control officials may utilize the biometrics information provided or submitted under Article 12-2 (1) or (3) for departure inspections.

[This Article Wholly Amended on May 14, 2010]

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 29 (Suspension of Aliens’ Departure)

Article 29 (Suspension of Aliens’ Departure)(1) The Minister of Justice may suspend the departure of an alien falling under any subparagraph of Article 4 (1) or (2).

(2) Article 4 (3) through (5) and Articles 4-2 through 4-5 shall apply mutatis mutandis to paragraph (1). In such cases, the prohibition of departure shall be deemed as the suspension of departure.

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

Enforcement Ordinance

Article 36 (Period during which Aliens’ Departure from Republic of Korea is Suspended)

(1) A period during which an alien shall be suspended from departing from the Republic of Korea under Article 29 of the Act is as follows:

1. An alien falling under any subparagraph of Article 4 (1) of the Act: Within three months;

2. An alien falling under Article 4 (2) of the Act: Within ten days: Provided, That any of the following aliens shall be suspended from departing from the Republic of Korea for the period prescribed by each item:

(a) An alien in whose case it is impracticable to proceed with an investigation due to special grounds, such as abscondence: Within one month;

(b) An alien in whose case a stay of prosecution has been decided due to his/her unknown whereabouts: Within three months;

(c) An alien in whose case a stay of prosecution has been decided and an arrest warrant or bench warrant has been issued: Within the period of validity of the warrant.

(2) Where the whereabouts of a person in whose case a stay of prosecution has been decided is discovered among persons falling under paragraph (1) 2, an intended period of the suspension of departure from the Republic of Korea shall be within ten days from the date his/her whereabouts is discovered.

(3) The provisions of Articles 1-4 shall apply mutatis mutandis to the calculation of a period for suspending an alien from departing from the Republic of Korea under paragraph (1). In such cases, "period for prohibition of departure from the Republic of Korea" shall be construed as "period for suspending an alien from departing from the Republic of Korea."

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

Article 29-2 (Emergency Suspension of Alien’s Departure)

(1) Where an alien who is a suspect of a crime falls under Article 4-6 (1), notwithstanding Article 29 (2), an investigation agency may request the immigration control officer conducting departure inspections to suspend the departure of such alien.

(2) Article 4-6 (2) through (6) shall apply mutatis mutandis to the suspension of an alien’s departure under paragraph (1). In such cases, the prohibition of departure shall be deemed as the suspension of departure and the emergency prohibition of departure as the emergency suspension of departure.

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

Article 30 (Permission of Reentry)

(1) Where an alien who has filed for alien registration or is exempted from such registration under Article 31 intends to reenter the Republic of Korea after departure within his/her permitted period of stay, the Minister of Justice may permit such reentry upon application of the alien: Provided, That exemption from reentry permission may apply to an alien granted the status of permanent residency in the Republic of Korea from among the status of stay of aliens referred to in Article 10 (1) and a person determined by Ordinance of the Ministry of Justice as having a fair ground to be exempted from reentry permission.

(2) The reentry permission under paragraph (1) shall be classified into single reentry permission valid only once and multiple reentry permission valid for at least twice entries.

(3) Where an alien is unable to reenter during the period permitted under paragraph (1) due to a disease or any other extenuating circumstance, the alien shall obtain an extension of the permitted reentry period from the Minister of Justice before the expiration of the permitted period.

(4) The Minister of Justice may delegate authority pertaining to the granting of extensions of the permitted reentry period to the heads of overseas diplomatic missions, as prescribed by Presidential Decree.

(5) Criteria and procedures concerning reentry permission, extensions of the permitted reentry period and exemption from reentry permission shall be prescribed by Ordinance of the Ministry of Justice.

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

Enforcement Ordinance

Article 38 (Delegation of Authority to Grant Extensions of Permitted Period of Reentry)

The Minister of Justice shall delegate his/her authority to grant extensions of the permitted period of reentry to the head of an overseas diplomatic mission pursuant to Article 30 (4) of the Act where a person who has obtained permission for reentry (including a person exempted from obtaining permission for reentry) pursuant to Article 30 (1) of the Act cannot reenter the Republic of Korea within the permitted period or the exemption period due to no available ship, etc., a disease or other exceptional circumstances after his/her departure from the Republic of Korea.

[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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