IMMIGRATION CONTROL ACT [See entire ACT]

CHAPTER Ⅴ Alien Registration and Social Integration Program

SECTION 1 Registration of Aliens

Article 31 (Registration of Aliens)

(1) If an alien intends to stay in the Republic of Korea for more than 90 days from the date of entry, the alien shall file for alien registration with the head of the Regional Immigration Service having jurisdiction over his/her place of stay within 90 days from the date of entry into the Republic of Korea, as prescribed by Presidential Decree: Provided, That this shall not apply to any of the following aliens:

1. Personnel of foreign diplomatic missions (including embassies and consulates) and international organizations in the Republic of Korea and their families;

2. Aliens who enjoy privileges and immunity similar to those of diplomats or consuls under any agreement entered into with the Government of the Republic of Korea and their families;

3. Persons, etc. invited by the Government of the Republic of Korea and prescribed by Ordinance of the Ministry of Justice.

(2) Notwithstanding paragraph (1), an alien referred to in any subparagraph of paragraph (1) may file for alien registration during his/her period of stay.

(3) Notwithstanding the main sentence of paragraph (1), a person who is granted the status of stay under Article 23 and intends to stay for more than 90 days from the date on which he/she is granted the status of stay shall file for alien registration when he/she is granted the status of stay.

(4) Notwithstanding the main sentence of paragraph (1), a person who obtains permission to change his/her status of stay under Article 24 and continues to stay for more than 90 days from his/her entry shall file for alien registration when he/she obtains permission to change his/her status of stay.

(5) The head of a Regional Immigration Service shall assign an identifiable registration number (hereinafter referred to as "alien registration number") to each alien who has filed for alien registration under paragraphs (1) through (4) in the manner prescribed by Presidential Decree.

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

Enforcement Ordinance

Article 40 (Registration of Aliens, etc.)

(1) A person who intends to file for alien registration pursuant to Article 31 of the Act shall file an application for alien registration that shall be accompanied by his/her passport and other documents prescribed by Ordinance of the Ministry of Justice with the head of an office or the head of a branch office having jurisdiction over his/her place of stay.

(2) The head of an office or the head of a branch office having jurisdiction over the place of stay shall assign an alien registration number to a person registered as an alien pursuant to paragraph (1) and enter the alien registration number in the register of registered aliens.

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

Enforcement Ordinance

Article 41 (Issuance of Alien Registration Certificates)

(1) Where the head of an office or the head of a branch office having jurisdiction over the place of stay of an alien registered under Article 31 of the Act (hereinafter referred to as "registered alien") issues an alien registration certificate pursuant to Article 33 of the Act, he/she shall enter the fact in the register of issuance of alien registration certificates.

(2) For an alien who is under 17 years of age to whom the head of an office or the head a branch office having jurisdiction over the place of stay has not issued an alien registration certificate pursuant to the proviso to Article 33 (1) of the Act, he/she shall affix a sticker bearing the alien registration number on the alien’s passport.

(3) Where an alien intends to apply for an alien registration certificate pursuant to Article 33 (2) of the Act, he/she shall file an application for an alien registration certificate with the head of an office or the head of a branch office having jurisdiction over the place of stay, along with his/her passport and one copy of his/her photograph.

(4) The material and dimensions of the alien registration certificate, entries therein, the official seal to be used in the alien registration certificate, and other necessary matters shall be prescribed by the Minister of Justice.

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

Enforcement Ordinance

Article 32 (Matters to be Registered by Aliens)

Matters to be registered by every alien under Article 31 are as follows:

1. His/her name, gender, date of birth and nationality;

2. Number, date of issuance and term of validity of his/her passport;

3. His/her workplace and position or work scope;

4. Address in his/her home country and place of stay in the Republic of Korea;

5. His/her status and period of stay;

6. Other matters prescribed by Ordinance of the Ministry of Justice, in addition to those provided for in subparagraphs 1 through 5.

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

Article 33 (Issuance of Alien Registration Certificates)

(1) Upon receipt of an application for alien registration under Article 31, the head of the Regional Immigration Service shall issue an alien registration certificate to the applicant, as prescribed by Presidential Decree: Provided, That if the alien is under 17 years of age, the head of the Regional Immigration Service may choose not to issue such certificate.

(2) When an alien to whom no alien registration certificate has been issued under the proviso to paragraph (1) attains 17 years of age, the alien shall apply for an alien registration certificate to the head of the Regional Immigration Service having jurisdiction over his/her place of stay within 90 days.

(3) The validity period of an alien registration certificate issued to an alien granted the status of permanent residency (hereinafter referred to as a “permanent residency certificate”) shall be 10 years.

(4) A person issued a certificate of permanent residency shall have it reissued before its validity period expires.

(5) Matters necessary for procedures for re-issuing certificates of permanent residency under paragraph (4) shall be prescribed by Presidential Decree.

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

Enforcement Ordinance

Enforcement Ordinance

Article 33-2 (Special Cases concerning Re-issuance of Certificate of Permanent Residency)

(1) Notwithstanding Article 33, a person granted the status of permanent residency at the time this Act (referring to the Partial Amendment to the Immigration Act (Act No. 15492); hereafter in this Article, the same shall apply) enters into force shall have the certificate of permanent residency re-issued by the head of the local immigration and aliens agency having jurisdiction over his/her staying district according to the following classifications:

1. A person for whom 10 years have elapsed since his/her acquisition date of status of permanent residency at the time this Act enters into force: within two years from the enforcement date of this Act;

2. A person for whom 10 years have not yet elapsed since his/her acquisition date of status of permanent residency at the time this Act enters into force: within two years from the date when 10 years have passed since his/her acquisition date of status of permanent residency.

(2) The head of a regional immigration service having jurisdiction over the staying district of a person falling under any of the following subparagraphs shall send him/her a written notification of re-issuance of the certificate of permanent residency specifying the time-limit of applying for the re-issuance thereof without delay: Provided, That where it is difficult to send a written notification due to his/her unclear whereabouts, etc., such head shall make public notification in an official Gazette.

(3) Notwithstanding Article 33 (3), the certificate of permanent residency a person who has been granted status of permanent residency pursuant to the previous provisions at the time this Act enter into force shall be deemed effective until he/she has the certificate of permanent residency re-issued pursuant to paragraph (1).

(4) Matters necessary for procedures, etc. for re-issuing certificates of permanent residency under paragraph (1) shall be prescribed by Presidential Decree.

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

Enforcement Ordinance

Article 33-3 (Prohibition against Use of Alien Registration Certificates, etc. as Means to Secure Fulfillment of Debt Obligation)

No person shall engage in any of the following conduct:

1. Having an alien provide his/her passport or alien registration certificate to a third person, coercing an alien into providing his/her passport or alien registration certificate to a third person, or arranging to have an alien provide his/her passport or alien registration certificate to a third person, as security for an employment agreement or for the fulfillment of an obligation;

2. Making a false alien registration number under Article 31 (5) and arrange to use such number for his/her own or a third person's interest in goods or property;

3. Passing on a program that creates alien registration numbers to a third person, spreading such program to other persons, or arranging to passing on or spreading such program to other persons;

4. Fraudulently using a third person's alien registration certificate, providing his/her own alien registration certificate to a third person, knowing that it will be used fraudulently, or arranging to provide a person's alien registration certificate to a third person;

5. Fraudulently using a third person's alien registration certificate or arranging to fraudulently use a third person's alien registration certificate, for his/her own or a third party's interest in goods or property.

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

Article 34 (Preparation and Management of Alien Registration Cards)

(1) Upon receipt of an application for alien registration under Article 31, the head of a Regional Immigration Service shall prepare and keep a registered alien record, prepare an alien registration card, and send it to the head of a Si (including an administrative Si established under Article 10 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City, but excluding the Special Metropolitan City and Metropolitan Cities; hereinafter the same shall apply)/Gun/Gu (including a Gu which is not an autonomous Gu; hereafter in this Article and Articles 36 and 37, the same shall apply) or an Eup/Myeon/Dong in which the alien stays.

(2) Upon receipt of the alien registration card under paragraph (1), the head of a Si/Gun/Gu or Eup/Myeon/Dong hall enter the registered matters in the register of aliens to manage such information.

(3) Matters necessary for the preparation and management of the registered alien record, alien registration cards, and the register of aliens shall be prescribed by Presidential Decree.

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

Enforcement Ordinance

Article 43 (Preparation and Management of Registered Alien Records)

(1) The head of an office or the head of a branch office having jurisdiction over the place of stay shall prepare and keep a registered alien record for each alien under Article 34 (1) of the Act.

(2) When the head of an office or the head of a branch office having jurisdiction over the place of stay grants various permission to, gives notice to, or receives reports, etc. from a registered alien, he/she shall enter and manage the details thereof in the registered alien record.

(3) The head of a Si/Gun/Gu shall keep the register of aliens pursuant to Article 34 (2) of the Act and enter and manage the relevant details in the register of aliens upon receiving an alien registration card after an alien first files for alien registration or move to a district under his/her jurisdiction, and when the alien moves his/her place of stay to a district under another jurisdiction or receives a notice of cancellation of alien registration from the head of an office or branch office having jurisdiction over the place of stay, he/she shall cross out the relevant matters with red lines and enter the ground therefor and date in the register of aliens.

(4) Upon receipt of a notice of the cancellation of alien registration, the head of a Si/Gun/Gu shall keep the alien registration card of the relevant alien for one year from the date of cancellation.

[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 35 (Reporting on Changes in Matters Registered by Aliens)

An alien who has filed for registration under Article 31 shall report changes in registered matters to the head of the Regional Immigration Service having jurisdiction over his/her place of stay within 15 days, as prescribed by Presidential Decree, if any of the following matters is changed:

1. His/her name, gender, date of birth, and nationality;

2. Number, date of issuance, and term of validity of his/her passport;

3. Matters prescribed by Ordinance of the Ministry of Justice, other than those prescribed in subparagraphs 1 and 2.

[This Article Wholly Amended on May 14, 2010]

Enforcement Ordinance

Article 44 (Reporting on Changes in Matters Registered by Aliens)

(1) An alien who intends to report a change in registered matters under Article 35 of the Act shall submit a report on the change in registered matters along with his/her alien registration certificate and passport, to the head of an office or the head of a branch office having jurisdiction over the place of stay.

(2) Upon receipt of a report on changes under paragraph (1), the head of an office or the head of a branch office having jurisdiction over the place of stay shall adjust the relevant registered alien record, reissue an alien registration certificate if the matters referred to in subparagraph 1 of Article 35 of the Act are changed, and forward a copy of the report on changes in registered matters to the head of a Si/Gun/Gu where the alien stays.

(3) Upon receipt of a copy of a report on changes in registered matters pursuant to paragraph (2), the head of a Si/Gun/Gu shall promptly adjust the relevant alien registration card.

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

Article 36 (Reporting on Change in Place of Stay)

(1) If an alien who has filed for registration under Article 31 changes his/her place of stay, the alien shall file a moving-in report with the head of the Si/Gun/Gu or Eup/Myeon/Dong where the new place of stay is located, or with the head of the Regional Immigration Service having jurisdiction over the new place of stay, as prescribed by Presidential Decree, within 15 days from the date the alien moves into the new place of stay.

(2) An alien shall present his/her alien registration certificate when filing a report under paragraph (1). In such cases, the head of the Si/Gun/Gu or Eup/Myeon/Dong or the head of the Regional Immigration Service shall enter details about the change in the place of stay in the alien registration certificate and return it to the alien.

(3) Upon receipt of a moving-in report under paragraph (1), the head of the Regional Immigration Service shall, without delay, give notice of the change in the place of stay to the head of a Si/Gun/Gu or Eup/Myeon/Dong where the new place of stay is located.

(4) Upon receipt of a moving-in report directly under paragraph (1) or the notice of the change in the place of stay from the head of a Regional Immigration Service under paragraph (3), the head of a Si/Gun/Gu or Eup/Myeon/Dong shall promptly request the transfer of the relevant alien registration card from the head of the Si/Gun/Gu or Eup/Myeon/Dong where the former place of stay is located, along with a copy of the report on the change in the place of stay.

(5) Upon receipt of a request for the transfer of an alien registration card pursuant to paragraph (4), the head of the Si/Gun/Gu or Eup/Myeon/Dong where the former place of stay is located shall transfer the alien registration card to the head of the Si/Gun/Gu or Eup/Myeon/Dong where the new place of stay is located, within three days from the date of receipt of such request.

(6) Upon receipt of an alien registration card transferred under paragraph (5), the head of a Si/Gun/Gu or Eup/Myeon/Dong shall rearrange the applicant’'s alien registration card and manage it in accordance with Article 34 (2).

(7) Upon receipt of a moving-in report under paragraph (1), the head of a Si/Gun/Gu or Eup/Myeon/Dong or the head of a Regional Immigration Service shall promptly notify the relevant fact to the head of the Regional Immigration Service having jurisdiction over the former place of stay, as prescribed by Presidential Decree.

[This Article Wholly Amended on May 14, 2010]

Enforcement Ordinance

Article 45 (Reporting on Change in Place of Stay)

(1) A registered alien who intends to file a moving-in report pursuant to Article 36 (1) of the Act shall submit a report on the change of his/her place of stay to the head of a Si/Gun/Gu (including the head of a non-autonomous Gu; hereafter the same shall apply in this Article) or the head of a Eup/Myeon/Dong having jurisdiction over the new place of stay or to the head of an office or of a branch office having jurisdiction over the new place of stay.

(2) Upon receipt of a moving-in report filed under paragraph (1), the head of a Si/Gun/Gu, the head of an Eup/Myeon/Dong, or the head of an office or of a branch office shall enter changed descriptions in the alien registration certificate, deliver it to the reporting person after placing a stamp confirming the report on the change of the place of stay, and then send a written notice of the change of the place of stay to the head of the office or the branch office having jurisdiction over the former place of stay pursuant to Article 36 (7) of the Act.

(3) The head of an office or the head of a branch office having jurisdiction over the former place of stay in receipt of the written notice of changed descriptions pursuant to paragraph (2) shall send an alien registration card to the head of an office or a branch office having jurisdiction over the new place of stay, who shall promptly adjust such card.

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

Article 37 (Surrender of Alien Registration Certificates)

(1) If an alien who has filed for registration under Article 31 departs from the Republic of Korea, the alien shall surrender his/her alien registration certificate to an immigration control official: Provided, That this shall not apply in cases as follows:

1. Where the alien granted reentry permission intends to reenter within the permitted period after a temporary departure;

2. Where the alien holds a multiple-entry visa or is a national of the country exempt from reentry permission and intends to reenter within the permitted period of stay after a temporary departure;

3. Where the alien was issued a refugee travel document and intends to reenter within the term of validity of the refugee travel document after a temporary departure.

(2) If an alien who has filed for registration under Article 31 becomes a national of the Republic of Korea, dies, or falls under any subparagraph of Article 31 (1) (excluding where an alien has filed for alien registration under Article 31 (2)), the alien shall surrender his/her alien registration certificate, as prescribed by Presidential Decree.

(3) Upon receipt of an alien registration certificate surrendered under paragraph (1) or (2), the head of a Regional Immigration Service shall promptly notify the head of a Si/Gun/Gu or Eup/Myeon/Dong of the place of stay thereof, as prescribed by Presidential Decree.

(4) If it is deemed necessary in the interests of the Republic of Korea, the head of a Regional Immigration Service may take temporary custody of the alien registration certificate of an alien falling under any subparagraph of paragraph (1).

(5) In cases falling under paragraph (4), if an alien reenters the Republic of Korea within the permitted period, he/she shall collect his/her alien registration certificate from the head of the competent Regional Immigration Service within 15 days after his/her reentry, and if he/she fails to reenter within the permitted period, his/her alien registration certificate shall be deemed surrendered under paragraph (1).

[This Article Wholly Amended on May 14, 2010]

Enforcement Ordinance

Article 46 (Surrender, etc. of Alien Registration Certificates)

(1) When an immigration control official receives an alien registration certificate surrendered pursuant to Article 37 (1) or (5) of the Act, he/she shall promptly notify the alien's departure from the Republic of Korea to the head of an office or the head of a branch office having jurisdiction over the place of stay.

(2) A registered alien shall surrender his/her alien registration certificate pursuant to Article 37 (2) of the Act at the time and in the manner prescribed in the following:

1. Where the registered alien becomes a Korean national, the person himself/herself, his/her spouse, either of his/her parents, or a person specified in Article 89 (1) shall surrender his/her alien registration certificate to the head of an office or the head of a branch office having jurisdiction over the place of stay, within 30 days from the date of filing resident registration;

2. If the registered alien is dead, his/her spouse, either of his/her parents, or a person specified in Article 89 (1) shall surrender his/her alien registration certificate to the head of an office or the head of a branch office having jurisdiction over the place of stay, along with a medical certificate, a death certificate, or any similar document certifying his/her death, within 30 days from the date when his/her death is known to them;

3. Where the registered alien falls under any subparagraph of Article 31 (1) of the Act, he/she shall surrender his/her alien registration certificate to the head of an office or the head of a branch office having jurisdiction over the place of stay at the time he/she obtains permission to change his/her status of stay.

(3) When the head of an office or the head of a branch office having jurisdiction over the place of stay is notified of departure of an alien from the Republic of Korea or receives an alien registration certificate surrendered under paragraphs (1) and (2), he/she shall notify the cancellation of alien registration to the head of a Si/Gun/Gu having jurisdiction over the alien's place of stay.

(4) The head of a Si/Gun/Gu in receipt of a notification under paragraph (3) shall promptly adjust the relevant alien registration card.

(5) Where the head of an office or the head of a branch office takes temporary custody of an alien registration certificate pursuant to Article 37 (4) of the Act, he/she shall issue a certificate of custody after entering the fact in the book of articles in custody and keep the certificate, and promptly return the alien registration certificate in his/her custody upon receipt of a request for return under paragraph (5) of the same Article.

(6) Upon receipt of an alien registration certificate surrendered pursuant to paragraphs (1) and (2), an immigration control official, the head of an office, or the head of a branch office shall destroy the alien registration certificate after completing the procedures under paragraphs (1) and (3).

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

Article 37-2 (Cancellation of Alien Registration)

(1) In any of the following cases, the head of a Regional Immigration Service may cancel the registration under Article 32 of an alien who has filed for registration in accordance with Article 31:

1. Where an alien surrenders his/her alien registration certificate in accordance with Article 37 (1) or (2);

2. Where an alien fails to enter the Republic of Korea during the permitted period of reentry after departure (or the period of exemption, if an alien is exempt from permission for reentry or the permitted period of stay);

3. If an immigration control official finds any other ground for cancellation similar to that specified in subparagraph 1 or 2 in the course of performing his/her duties.

(2) Matters necessary regarding procedures for cancelling alien registration under paragraph (1) shall be prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 14106, Mar. 29, 2016]

Enforcement Ordinance

Article 47 (Procedure, etc. for Cancellation of Alien Registration)

(1) Pursuant to Article 37-2 (2), the head of an office or the head of a branch office may cancel an alien's registration at the time specified in any of the following subparagraphs:

1. Where an alien surrenders his/her alien registration certificate pursuant to the main sentence of Article 37 (1) of the Act: At the time the alien registration certificate is surrendered;

2. Where a registered alien becomes a national: At the time it is confirmed that the registered alien has obtained the nationality of the Republic of Korea;

3. Where a registered alien is dead: At the time the death of the registered person is confirmed by means of a medical certificate, a death certificate, or any similar document;

4. Where an alien falls under any subparagraph of Article 31 (1) of the Act: At the time it is confirmed that the alien has been permitted to change his/her status of stay to the relevant status of stay, such as Diplomacy (A-1), Foreign Government Official (A-2), or International Agreements (A-3);

5. Where a registered alien fails to enter during the permitted period of reentry after departure (the exempted period or the permitted period of stay if the alien has been exempted from the permission for reentry): After the expiration of the permitted period of reentry;

6. Where an alien's registration shall be cancelled on any of the grounds prescribed by Ordinance of the Ministry of Justice: At the time the ground is confirmed.

(2) When the head of an office or the head of a branch office cancels an alien's registration, he/she shall record the cancellation in the register of registered aliens and shall describe the ground for cancellation, the date of cancellation, and the name of a public official in charge therein.

(3) When the head of an office or the head of a branch office cancels aliens' registration under paragraph (2), he/she shall make a register of cancellation of registered aliens for separate management.

(4) When an alien whose registration was cancelled under paragraph (2) files for new alien registration under Article 31 of the Act, the head of an office or the head of a branch office shall give the alien registration number same as the number given to the alien before it was cancelled.

(5) Except as otherwise provided for in paragraphs (1) through (4), matters necessary for the procedure for cancelling alien registration shall be determined by the Minister of Justice.

[This Article Newly Inserted by Presidential Decree No. 27520, Sep. 29, 2016]

Article 38 (Fingerprinting and Photographing)

(1) Any of the following aliens shall provide his/her biometrics information, as prescribed by Ordinance of the Ministry of Justice:

1. The following person who is 17 years of age or older:

(a) A person who shall file for alien registration in accordance with Article 31 (excluding a person who intends to file for alien registration in accordance with Article 31 (2);

(b) A person who intends to report on his/her abode in the Republic of Korea in accordance with Article 6 of the Act on the Immigration and Legal Status of Overseas Koreans;

2. A person who is currently under investigation for a violation of this Act or under criminal investigation for a violation of other Acts;

3. A person whose identity is not verified;

4. Any other person not referred to in subparagraphs 1 through 3 and deemed, by the Minister of Justice, to be specifically fingerprinted and photographed for the security and interests of the Republic of Korea or of the alien in question.

(2) The head of a Regional Immigration Service may refuse to grant permission under this Act, such as an extension of the period of stay, to an alien refusing to provide his/her biometrics information under paragraph (1).

(3) The Minister of Justice shall keep and manage the biometrics information provided under paragraph (1) in accordance with the Personal Information Protection Act.

[This Article Wholly Amended on May 14, 2010]

[Title Amended on Jun. 9, 2020]

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 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]

SECTION 2 Social Integration Programs

Article 39 (Social Integration Programs)

(1) The Minister of Justice may implement social integration programs, including education, provision of information and counseling (hereinafter referred to as "social integration program"), in order to support the social adaptation of aliens who intend to acquire Korean nationality or to obtain the status of permanent residency, etc.

(2) The Minister of Justice may designate an institution, corporation or organization equipped with necessary experts and facilities as an operating institution of social integration programs in order to implement such social integration programs effectively.

(3) The Minister of Justice may train experts necessary for implementing social integration programs, as prescribed by Presidential Decree.

(4) The State and local governments may fully or partially subsidize to cover the following expenses, within budgetary limits:

1. Expenses incurred in conducting the affairs of an operating institution designated under paragraph (2);

2. Expenses incurred in training experts under paragraph (3).

(5) The details and development of social integration programs, the designation and management of operating institutions, revocation of such designation and other matters necessary for the operation of social integration programs shall be prescribed by Presidential Decree.

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

Enforcement Ordinance

Article 48 (Details and Development of Social Integration Programs)

(1) Social integration programs (hereinafter referred to as "social integration program") referred to in Article 39 (1) of the Act shall consist of the following:

1. Education of the Korean language;

2. Education for understanding of Korean society;

3. Other education, provision of information, counseling, etc. deemed necessary by the Minister of Justice to support the social adaptation of aliens.

(2) The Minister of Justice may conduct the following evaluations on those who participate in social integration programs (hereinafter referred to as "participants in social integration programs"):

1. Preliminary evaluation;

2. Evaluation in each stage for the measurement of learning outcomes;

3. General evaluation deciding whether a participant has completed social integration programs.

(3) The Minister of Justice shall endeavor to make social integration standardized, systematic and effective.

(4) The Minister of Justice may outsource the development of social integration programs or evaluations on participants in social integration programs to a university, corporation, institution, organization, etc. specialized in the related field, if necessary.

(5) Except as otherwise expressly provided for in paragraphs (1) through (4), matters necessary for the development and operation of social integration programs shall be prescribed by the Minister of Justice.

[This Article Newly Inserted by Presidential Decree No. 24139, Oct. 15, 2012]

Enforcement Ordinance

Article 49 (Designation of Operating Institutions)

(1) An institution, corporation or organization intending to be designated as an institution operating social integration programs (hereinafter referred to as "operating institution") under Article 39 (2) of the Act shall meet the following requirements and file an application accompanied by an operational plan, etc., prescribed by Ordinance of the Ministry of Justice, with the Minister of Justice:

1. To have an office and a place of education available at any time;

2. To secure experts prescribed by Ordinance of the Ministry of Justice;

3. To have subscribed to indemnity insurance and fire insurance for facilities;

4. Other requirements prescribed and announced or posted on the Ministry’s website by the Minister of Justice, which are necessary for designing operational institutions, such as securing human resources to operate social integration programs.

(2) Upon receipt of an application for designation filed under paragraph (1), the Minister of Justice shall decide whether to approve the application for designation in consideration of the following matters:

1. Experience and expertise in conducting affairs related to social integration programs;

2. A level of experts and educational facilities or equipment and materials the applicant has secured;

3. Fidelity and feasibility of the operational plan;

4. Whether designation has ever been cancelled pursuant to Article 50 (3) within the last three years;

5. A method and ability to supply funds for the operation of an operating institution;

6. Other matters deemed important by the Minister of Justice, such as participants’ accessibility to and convenience in the use of social integration programs.

(3) Where any of the following institutions, corporations or organizations receives sufficient subsidies to cover expenses incurred in operating social integration programs from the State or a local government, the Minister of Justice may give additional marks when evaluating the requirements referred to in paragraph (2) 5:

1. A local government and its affiliated agency;

2. A multicultural family support center established under Article 12 of the Multicultural Families Support Act;

3. A social welfare center which is established and operated consolidating at least two social welfare facilities or which provides social welfare services consolidating at least two social welfare services pursuant to Article 34-2 of the Social Welfare Services Act among the social welfare centers established under Article 34-5 of the same Act;

4. A university defined in subparagraphs 1 through 6 of Article 2 of the Higher Education Act and its affiliated institution;

5. Other institutions, corporations or organizations deemed equivalent to hose referred to in subparagraphs 1 through 4 by the Minister of Justice.

(4) The designation of an operating institution shall be valid for a period up to two years.

(5) A designated operating institution shall conduct the following affairs:

1. Operating social integration programs;

2. Providing information related to entry into and departure from the Republic of Korea and public relations thereof;

3. Promoting social integration of aliens and raising public awareness of multiculture;

4. Other affairs necessary to support the social adaptation of aliens.

(6) Except as otherwise expressly provided for in paragraphs (1) through (5), matters necessary for the designation of operating institutions shall be prescribed by Ordinance of the Ministry of Justice.

[This Article Newly Inserted by Presidential Decree No. 24139, Oct. 15, 2012]

Enforcement Ordinance

Article 51 (Training of Experts, etc.)

(1) The Minister of Justice shall establish and operate an expert training program, such as experts in multicultural society, in order to train experts necessary for implementing social integration programs pursuant to Article 39 (3) of the Act.

(2) If necessary for improving the qualities of experts, the Minister of Justice may provide refresher training.

(3) In order to efficiently train experts, the Minister of Justice may outsource the expert training program referred to in paragraph (1) or refresher training referred to in paragraph (2) to a university defined in subparagraphs 1 through 6 of Article 2 of the Higher Education Act or to an institution, corporation or organization which specializes in the field of social integration programs.

(4) Except as otherwise expressly provided for in paragraphs (1) through (3), matters necessary for the training of experts shall be prescribed by the Minister of Justice.

[This Article Newly Inserted by Presidential Decree No. 24139, Oct. 15, 2012]

Article 40 (Favorable Treatment on Persons who Have Completed Social Integration Programs)

The Minister of Justice may accord favorable treatment to persons who have completed social integration programs, as prescribed by this Act or related statutes, when issuing visas, or granting various permission related to stay, etc.

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

Article 41 (Social Integration Volunteer Officers)

(1) The Minister of Justice may post social integration volunteer officers (hereinafter referred to as “social integration officer”) in the Regional Immigration Services, as prescribed by Ordinance of the Ministry of Justice, to support the social integration of aliens.

(2) Social integration officers shall perform the following duties:

1. Campaigns in order for aliens, employers, etc. to comply with the statutes;

2. Support for aliens to settle in the Republic of Korea as sound social members of Korean society;

3. Support for aliens who intend to obtain permanent residency or to acquire Korean nationality;

4. Other matters prescribed by the Minister of Justice for social integration between nationals of the Republic of Korea and aliens residing in the Republic of Korea.

(3) A social integration officer shall be honorary office, and may be fully or partially reimbursed for expenses incurred in performing his/her duties.

(4) The appointment and dismissal, prescribed number, and self-governing organization of social integration officers, reimbursement for expenses, and other necessary matters shall be determined by the Ordinance of the Ministry of Justice.

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

Article 42 Deleted.

Article 43 Deleted.

Article 44 Deleted.

Article 45 Deleted.

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

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