IMMIGRATION CONTROL ACT [See entire ACT]

CHAPTER Ⅵ Deportation, etc.

SECTION 1 Persons subject to Deportation

Article 46 (Persons subject to Deportation)

(1) The head of a Regional Immigration Service may deport any of the following aliens from the Republic of Korea according to the procedures prescribed in this Chapter:

1. A person who violates Article 7;

2. An alien who violates Article 7-2, or an alien who enters the Republic of Korea by such conduct as a false invitation, stipulated in the same Article;

3. A person who has become or is subsequently found to be subject to grounds for prohibition of entry provided in the subparagraphs of Article 11 (1);

4. A person who violates Article 12 (1) or (2), or 12-3;

5. A person who violates any of the terms or conditions of permission imposed by the head of the Regional Immigration Service under Article 13 (2);

6. A person who lands without obtaining permission required under Article 14 (1), 14-2 (1), 15 (1), 16 (1) or 16-2 (1);

7. A person who violates any of the terms or conditions of permission imposed by the head of the Regional Immigration Service or an immigration control official under Article 14 (3) (including cases to which the afore-said provision shall apply mutatis mutandis pursuant to Article 14-2 (3)), 15 (2), 16 (2) or 16-2 (2);

8. A person who violates Article 17 (1) or (2), 18, 20, 23, 24 or 25;

9. A person who changes or adds his/her workplace without obtaining permission, in violation of the main sentence of Article 21 (1), or a person who employs an alien or arranges the employment of an alien, in violation of paragraph (2) of the same Article;

10. A person who violates a restriction on his/her residence or the scope of activity, or other matters to be observed prescribed by the Minister of Justice under Article 22;

10-2. An alien who violates Article 26;

11. A person who attempts to depart from the Republic of Korea, in violation of Article 28 (1) or (2);

12. A person who violates the obligation to file for alien registration under Article 31;

12-2. A person who violates Article 33-3;

13. A person released after having been sentenced to imprisonment without labor or heavier punishment;

14. Any other person specified by Ordinance of the Ministry of Justice, equivalent to one of persons referred to in subparagraphs 1 through 10, 10-2, 11, 12, 12-2, and 13.

(2) Notwithstanding paragraph (1), no alien granted the status of permanent residency shall be deported from the Republic of Korea: Provided, That this shall not apply to any of the following persons:

1. A person who has committed insurrection stipulated under Chapter I of Part II of the Criminal Act or foreign aggression stipulated under Chapter II of the same Act;

2. A person prescribed by Ordinance of the Ministry of Justice, who is released after having been sentenced to imprisonment with or without labor for at least five years;

3. A person who has committed a violation provided in Article 12-3 (1) or (2), or has abetted or aided a third person in such violation.

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

SECTION 2 Investigations

Article 47 (Investigations)

An immigration control official may investigate aliens suspected of falling under any subparagraph of Article 46 (1) (hereinafter referred to as "suspect").

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

Enforcement Ordinance

Article 57 (Reporting on Recognition)

When an immigration control official starts an investigation under Article 47 of the Act, he/she shall prepare and submit a report on the recognition of suspicion to the head of an office or the head of a branch office or the head of an immigration detention center (hereinafter referred to as "head of a detention center").

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

Enforcement Ordinance

Article 61 (Inspections and Requests for Presentation of Documents, etc.)

Where a suspect denies his/her suspicion or an immigration control official deems that documents alone submitted by the suspect are not enough to prove his/her suspicion when investigating the suspect pursuant to Article 47 of the Act, the immigration control official may inspect residence or articles of a third person related to the suspect or request the third person to present documents or articles. In such cases, the immigration control official shall obtain prior consent from the third person.

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

Article 48 (Requests to Appear and Interrogation of Suspects)

(1) If necessary for conducting an investigation under Article 47, an immigration control official may request a suspect to appear before him/her and may interrogate the suspect.

(2) An immigration control official shall conduct an interrogation under paragraph (1) in the presence of another immigration control official.

(3) In conducting an interrogation under paragraph (1), any statement made by a suspect shall be entered into the interrogatory.

(4) An immigration control official shall read the interrogatory prepared under paragraph (3) to the suspect or allow the suspect to inspect it and inquire of the suspect where any clerical error exists in the interrogatory, and if the suspect requests any addition to, deletion or change of the content thereof, the immigration control official shall enter such statement in the interrogatory.

(5) A suspect shall affix his/her seal across the folds of each page, and sign or affix his/her name and seal to the interrogatory, and if the suspect is unable or refuses to affix his/her name and seal, such fact shall be entered in the interrogatory.

(6) Any statement made by a person unable to make himself/herself understood in the Korean language or a person with hearing impairment or language impairment shall be interpreted by an interpreter: Provided, That a person with hearing impairment or language impairment may be interrogated or make a statement in writing.

(7) Any texts or signs in the statement made by a suspect, which are not in the Korean language, shall be translated into the Korean language.

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

Enforcement Ordinance

Article 58 (Requests to Appear)

(1) When an immigration control official requests a suspect or witness to appear pursuant to Article 48 (1) or 49 (1) of the Act, he/she shall issue a request for appearance stating the purport of such request, the date and hour and place of appearance, and enter such issuance in the book of issuance of requests for appearance.

(2) An immigration control official may make a request for appearance under paragraph (1) verbally in an emergency.

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

Enforcement Ordinance

Article 59 (Interrogatories)

(1) The following shall be entered in an interrogatory of suspect under Article 48 (3) of the Act:

1. The suspect’s nationality, name, gender, date of birth, address and occupation;

2. Matters concerning the suspect’s entry into or departure from, stay in the Republic of Korea;

3. Details of suspicion;

4. Other necessary matters, such as a criminal history.

(2) When an immigration control official has assigned a person to interpret or translate pursuant to Article 48 (6) or (7) of the Act, he/she may have the interpreter or translator affix his/her seal across the folds of the relevant interrogatory, and sign on or affix his/her signature and seal to the interrogatory.

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

Article 49 (Requests to Appear and Statement of Witnesses)

(1) If necessary for conducting an investigation under Article 47, an immigration control official may request a witness to appear before him/her to hear his/her statement.

(2) Article 48 (2) through (7) shall apply mutatis mutandis to statements of witnesses.

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

Enforcement Ordinance

Article 60 (Record of Statement of Witnesses)

(1) Article 59 (2) shall apply mutatis mutandis to the interpretation or translation of records of statement by witnesses under Article 49 of the Act.

(2) Where the content of a statement is complicate or a witness wishes to make a statement in writing, an immigration control official may allow the witness to make his/her statement in writing.

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

Article 50 (Inspections and Respects for Presentation of Documents, etc.)

If necessary for conducting an investigation under Article 47, an immigration control official may inspect a suspect's residence or articles with the suspect’s consent, or request him/her to present documents or articles.

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

Enforcement Ordinance

Article 62 (Record of Presented Articles, etc.)

(1) Upon receipt of documents or articles presented pursuant to Article 50 of the Act and Article 61 of this Decree, an immigration control official shall prepare a record of presented articles, stating the particulars of submission, etc., and a list of presented articles, stating the features and quantity of presented articles.

(2) Entry of items concerning presented articles in an interrogatory under Article 59 (1) or a record of statement under Article 60 may substitute for the preparation of a record of presented articles and a list of presented articles under paragraph (1).

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

SECTION 3 Immigration Detention for Examinations and Decisions

Article 51 (Immigration Detention)

(1) If there are reasonable grounds to suspect that an alien falls under any subparagraph of Article 46 (1) and the alien has fled or might flee, an immigration control official may detain the alien upon obtaining a detention order issued by the head of the Regional Immigration Service.

(2) An application for a detention order filed by an immigration control official under paragraph (1) shall be accompanied by materials attesting the necessity for detention.

(3) If there are reasonable grounds to suspect that an alien falls under any subparagraph of Article 46 (1) and the alien has fled or might flee, leaving insufficient time for the head of the Regional Immigration Service to issue a detention order, an immigration control official may detain such alien for emergency reasons after informing the head of the Regional Immigration Service of the ground therefor.

(4) If an immigration control official has detained an alien for emergency reasons under paragraph (3), he/she shall immediately prepare an emergency detention note and produce it to the alien in question.

(5) If an immigration control official has detained an alien under paragraph (3), he/she shall obtain a detention order within 48 hours and produce it to the alien in question, and the official shall immediately release the alien from detention when failing to obtain such a detention order.

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

Enforcement Ordinance

Article 63 (Detention Orders)

(1) When an immigration control official applies for a detention order pursuant to Article 51 (2) of the Act, he/she shall file an application for a detention order that shall contain the grounds for detention and be accompanied by investigation records, etc. with the head of an office, the head of a branch office or the head of a detention center.

(2) When the head of an office, the head of a branch office or the head of a detention center decides to issue a detention order in response to an application under paragraph (1), an immigration control official shall be issued a detention order stating the grounds for detention, a place and period of detention, etc. by the head of the office, the head of the branch office or the head of the detention center and produce it to a suspect.

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

Enforcement Ordinance

Article 64 (Requests, etc. for Detention)

(1) Where an immigration control official intends to detain an alien issued a detention order pursuant to Article 51 (1) of the Act or a deportation order pursuant to Article 63 (1) of the Act in an immigration detention unit, immigration detention center, or other place prescribed by the Minister of Justice (hereinafter referred to as "detention facility"), he/she shall be issued a request for detention, stating the grounds and basis for making such a request by the head of an office, the head of a branch office or the head of a detention center to which he/she belongs, and send such request for detention to the head of the detention facility who is requested to detain the alien.

(2) Where a reason corresponding to any of the following occurs to an alien whose detention has been requested pursuant to paragraph (1), an immigration control official may change his/her place of detention to another detention facility:

1. Investigations of the alien under the Act;

2. Enforcement of departure from the Republic of Korea;

3. Maintenance of safety and order in the detention facility;

4. Necessary treatment for the alien, such as the provision of medical services.

(3) Where an immigration control official intends to change a place of detention pursuant to paragraph (2), he/she shall be issued a request for change of a place of detention, stating grounds therefor change, etc. by the head of an office, the head of a branch office or the head of a detention center to which he/she belongs, and send such request to the head of the detention facility who detains an alien and the head of another detention facility to which the alien is transferred, respectively.

(4) When an immigration control official prepares an emergency detention note pursuant to Article 51 (4) of the Act, he/she shall enter grounds for emergency detention, a place and time of emergency detention, etc. in the emergency detention note.

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

Article 52 (Period and Place of Detention)

(1) A period for which an alien can be detained under Article 51 to examine and decide on whether the alien is subject to deportation, shall not exceed ten days: Provided, That the period may be extended only once, by up to ten days with permission from the head of the competent Regional Immigration Service in extenuating circumstances.

(2) Places to detain an alien shall be an immigration detention unit, immigration detention center or any other place designated by the Minister of Justice (hereinafter referred to as "detention facility").

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

Enforcement Ordinance

Article 65 (Extension of Period of Detention)

(1) Where an immigration control official intends to extend a period of detention pursuant to the proviso to Article 52 (1) of the Act, he/she shall obtain a permit to extend the period of detention, stating the extended period, grounds for an extension, applicable legal provisions, etc. from the head of an office, the head of a branch office or the head of a detention center.

(2) Where a suspect in respect to whom a permit to extend the period of detention has been issued under paragraph (1) is detained in a detention facility, an immigration control official shall obtain a copy of the permit to extend the period of detention, stating the extended period, grounds for an extension, etc. from the head of an office, the head of a branch office or the head of a detention center, and send such copy to the head of the detention facility who detains the alien.

(3) Where the head of an office, the head of a branch office or the head of a detention center does not permit an extension of the period of detention under paragraph (1), an immigration control official shall immediately release a suspect from detention. In such cases, where the suspect is detained in a detention center, the immigration control official shall be issued a request for release from detention, stating grounds for release from detention, etc. by the head of an office, the head of a branch office or the head of a detention center, and send such request to the head of the detention facility who detains the alien.

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

Article 53 (Execution of Detention Orders)

An immigration control official shall produce a detention order to the suspect in question when executing such a detention order.

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

Article 54 (Notice of Detention)

(1) When an immigration control official has detained a suspect, the official shall give written notice specifying the date, time and place of and grounds for detention to the suspect’s legal representative, spouse, lineal relative, sibling, family member or counsel or a person designated by the suspect (hereinafter referred to as "legal representative, etc."), who is in the Republic of Korea, within three days: Provided, That when the suspect has no legal representative, etc., the immigration control official may state such fact and need not give written notice to a legal representative, etc.

(2) In addition to written notice given under paragraph (1), an immigration control official shall given written notice specifying the date, time and place of and ground for detention to the consul in the Republic of Korea who represents the country of which the suspect is a national or citizen, if the suspect wants to do so, and unless urgent or extenuating circumstances exist.

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

Enforcement Ordinance

Article 68 (Notification of Detention)

Notice of detention under Article 54 of the Act shall be made by giving written notice of detention, stating the grounds for, and the date, time and place of detention, and the purport that an objection may be filed.

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

Enforcement Ordinance

Article 79 (Temporary Release from Detention)

(1) A person who intends to request temporary release from detention pursuant to Article 65 (1) of the Act shall submit a request for temporary release from detention that shall be accompanied by data explaining grounds for such request and his/her ability to deposit a bond, to the head of an office, the head of a branch office or the head of a detention center.

(2) Upon receipt of a request submitted under paragraph (1), the head of an office, the head of a branch office or the head of a detention center shall immediately examine related documents and issue a written decision on the request for release from detention, stating the adjudication of, grounds for and the applicable legal provisions of the Act to a requester, except in extenuating circumstances.

(3) In cases falling under paragraph (2), where the head of an office, the head of a branch office or the head of a detention center has decided on temporary release from detention, he/she shall state a period of temporary release from detention, the amount of, and deadline for payment of a bond, the place of payment, restrictions on residence, other necessary conditions and the purport that a suspect will be temporarily released from detention upon depositing the bond, and if he/she violates any of the conditions, temporary release from detention may be revoked and the bonds may be transferred to the fund of the National Treasury, in such written decision.

(4) When a suspect is detained in a detention facility where the head of an office, the head of a branch office or the head of a detention center decides to temporarily release the suspect from detention, he/she shall send a request for temporary release from detention, stating a period of temporary release from detention to the head of the detention facility.

(5) Article 17 (2) shall apply mutatis mutandis to procedures for the deposit of bonds under Article 65 (2) of the Act.

(6) A bond deposited pursuant to paragraph (5) shall be returned to a person who has deposited the bond when the relevant alien leaves the Republic of Korea or temporary release from detention is revoked, except where it is transferred to the fund of the National Treasury pursuant to Article 66 (2) of the Act.

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

Enforcement Ordinance

Article 80 (Revocation of Temporary Release from Detention)

(1) Where the head of an office, the head of a branch office or the head of a detention center issues a written revocation of release from detention pursuant to Article 66 (2) of the Act, he/she shall deliver such written revocation, stating grounds for revocation, the place of detention, etc. to a requester for temporary release from detention and immediately re-detain the suspect.

(2) Article 17 (4) and (5) shall apply mutatis mutandis to procedures for transferring a bond to the fund of the National Treasury under Article 66 (2) of the Act.

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

Article 55 (Objections to Detention)

(1) A person detained under a detention order, or his/her legal representative, etc., may file an objection to his/her detention with the Minister of Justice via the head of the competent Regional Immigration Service.

(2) Upon receipt of an objection filed under paragraph (1), the Minister of Justice shall promptly examine the relevant documents, and if the application is deemed groundless, the Minister shall decide to reject such application, and if it is deemed reasonable, the Minister shall issue an order to release the detained person from detention.

(3) The Minister of Justice may hear statements from relevant persons if necessary before making a decision under paragraph (2).

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

Enforcement Ordinance

Article 69 (Objections to Detention)

(1) A person who intends to file an objection pursuant to Article 55 (1) of the Act shall submit an objection accompanied by data explaining the grounds for the objection, to the head of an office, the head of a branch office or the head of a detention center.

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

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

Enforcement Ordinance

Article 70 (Decisions on Objections)

(1) When the Minister of Justice has made a decision on an objection filed under Article 55 (2) of the Act, he/she shall prepare and send a written decision on the objection stating the adjudication, grounds, applicable legal provisions to a person who filed the objection via the head of an office, the head of a branch office or the head of a detention center.

(2) In cases falling under paragraph (1), where the Minister of Justice decides to release a detainee from detention, the head of an office, the head of a branch office or the head of a detention center shall immediately release the detainee from detention. In such cases, if a suspect is detained in a detention facility, the head of an office, the head of a branch office or the head of a detention center shall send a request for release from detention to the head of the detention facility.

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

Article 56 (Temporary Detention of Aliens)

(1) An immigration control official may temporarily detain any of the following aliens in an immigration detention unit for up to 48 hours:

1. A person whose entry is not permitted under Article 12 (4);

2. A person granted obtained conditional entry permission under Article 13 (1) and who has fled or appears very likely to flee;

3. A person subject to a departure order under Article 68 (1) who has fled or appears very likely to flee.

(2) Where an immigration control official is unable to deport an alien temporarily detained under paragraph (1) within 48 hours due to lack of transportation to repatriate the alien, illness, or other extenuating circumstances, the immigration control official may extend the period of detention only once by up to 48 hours with approval from the head of the competent Regional Immigration Service.

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

Enforcement Ordinance

Article 71 (Temporary Detention of Aliens)

(1) When an immigration control official temporarily detains an alien pursuant to Article 56 (1) of the Act, he/she shall be issued a temporary detention order by the head of an office or the head of a branch office, and produce such order to the alien.

(2) Grounds for temporary detention and a place and time of detention, etc. shall be stated in a temporary detention order issued under paragraph (1).

(3) Where an immigration control official extends the period of temporary detention pursuant to Article 56 (2) of the Act, he/she shall obtain a permit for an extension of the period of temporary detention, stating the extended period, grounds for extension, applicable legal provisions, etc. from the head of an office or branch office, and produce such permit to the alien.

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

Article 56-2 (Emergency Transfer, etc. of Detainees)

(1) When it is deemed that no means of evacuation are available at a detention facility due to an act of God, fire, or other accidents, the head of the Regional Immigration Service may transfer the persons detained in the detention facility (hereinafter referred to as "detainee") to other locations.

(2) Where transfer under paragraph (1) is deemed impossible, the head of the Regional Immigration Service may release aliens from detention.

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

Article 56-3 (Respect, etc. of Detainees’ Human Rights)

(1) The human rights of detainees shall be respected to the utmost, and discrimination against detainees on grounds of their nationality, gender, religion, social position, etc. shall be prohibited.

(2) Men and women shall be separately detained: Provided, That this shall not apply to an exceptional situation, such as supporting a child.

(3) The head of the competent Regional Immigration Service shall provide a detainee with treatment adjusted to his/her specific needs, if the detainee is:

1. A patient;

2. An expectant mother;

3. The old or the weak;

4. A person under 19 years of age;

5. A person equivalent to those referred to in subparagraphs 1 through 4, deemed by, the head of the competent Regional Immigration Service, to be in need of treatment adjusted to his/her needs.

(4) Further details concerning special measures and support for providing specific treatment under paragraph (3) shall be prescribed by Ordinance of the Ministry of Justice.

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

Article 56-4 (Exercise of Coercive Force)

(1) In any of the following circumstances, an immigration control official may exercise coercive force on a detainee, and detain the detainee separately from other detainees. In such cases, it shall be limited to the minimum extent necessary for the safety of a detainee’s life and body, prevention of his/her flight, and maintaining the security of and order in a detention facility:

1. When he/she intends to commit suicide or self-injury;

2. When he/she inflicts harms on other persons or intends to do so;

3. When he/she escapes or intends to do so;

4. When he/she refuses, interferes with or evades the performance of duties by an immigration control official without justifiable grounds;

5. When he/she engage in conduct obviously harming the detention facility and the safety and order of detainees, or intends to do so, in any other way than those provided for in subparagraphs 1 through 4.

(2) An immigration control official shall exercise physical tangible power or only use security equipment designated by the Minister of Justice, such as police clubs, gas jet guns, and electric shock gadgets when exercising coercive force under paragraph (1).

(3) An immigration control official who intends to exercise coercive force under paragraph (1) shall give advance warning to the detainee in question: Provided, That this shall not apply where there is no time to give advance warning to a detainee in emergency circumstances.

(4) When a detainee falls under any subparagraph of paragraph (1) or it is necessary to maintain order in a detention facility, or to escort, etc. for deportation of a detainee, an immigration control official may use any of the following protective equipment:

1. Handcuffs;

2. Ropes;

3. Protective headgear;

4. Other protective equipment not listed above in subparagraphs 1 through 3 that are prescribed by Ordinance of the Ministry of Justice and deemed particularly necessary to maintain order in a detention facility, or to escort, etc. for deportation of detainees.

(5) Requirements and procedures for the use of protective equipment under paragraph (4) and other necessary matters shall be prescribed by Ordinance of the Ministry of Justice.

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

Article 56-5 (Examination of Bodies, etc.)

(1) Where it is necessary for the safety and maintenance of order in detention facilities, an immigration control official may examine bodies, clothing and personal belongings of detainees.

(2) Where a detainee is female, the examination under paragraph (1) shall be carried out by a female immigration control official: Provided, That when no female immigration control official is present, a female designated by the head of the Regional Immigration Service may conduct such examination.

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

Article 56-6 (Visits, etc.)

(1) Detainees are allowed visitors, to exchange written correspondence, and to have telephone conversations with other persons (hereinafter referred to as "visit, etc.").

(2) If deemed inevitable for safety and order in detention facilities and for the safety, health and hygiene of detainees therein, the head of the Regional Immigration Service may restrict visits, etc.

(3) Detailed matters on the procedures for visits, etc. and restrictions thereon and other matters shall be prescribed by Ordinance of the Ministry of Justice.

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

Article 56-7 (Safety Measures Using Image Data Processing Devices, etc.)

(1) The head of a Regional Immigration Service may install necessary equipment, such as an image data processing device, to the extent necessary to prevent the suicide, self-injury, escape, assault and damage of or by detainees, and to prevent detainees from harming the lives or bodies of any other detainee or from hindering safety or order in the detention facilities.

(2) The image data processing device referred to in paragraph (1) shall be installed and operated within the minimum extent necessary, with due regard for the human rights of detainees, etc.

(3) The installation and operation of the image data processing device, etc., the management of recorded materials and other necessary matters shall be prescribed by Ordinance of the Ministry of Justice.

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

Article 56-8 (Petitions)

(1) Any detainee who is dissatisfied with treatment in a detention facility may file a petition with the Minister of Justice or the head of the competent Regional Immigration Service.

(2) A petition shall be prepared in writing and properly sealed before submission: Provided, That if the petition is filed with the head of a Regional Immigration Service, such petition may be made verbally.

(3) No detainee shall be subject to disadvantageous treatment for filing a petition.

(4) Procedures for the filing of petitions and other necessary matters shall be prescribed by Ordinance of the Ministry of Justice.

[This Article Newly Inserted by Act No. 10282, May 14, 2010]

Article 56-9 (Posting Procedures, etc. for Filing Objections)

The head of every Regional Immigration Service shall post the procedures for the filing of objections to detention under Article 55 and petitions under Article 56-8, matters, including visit, etc. under Article 56-6 at a conspicuous place within the detention facility.

[This Article Newly Inserted by Act No. 10282, May 14, 2010]

Article 57 (Supplies to, Management, etc. of Detainees)

Except as otherwise expressly provided for in Articles 56-2 through 56-9, matters concerning supplies to, management and treatment of detainees in detention facilities, matters concerning the guards of detention facilities and other necessary matters shall be prescribed by Ordinance of the Ministry of Justice.

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

SECTION 4 Examinations and Filing Objections

Article 58 (Examinations and Decisions)

When an immigration control official has finished an investigation of a suspect, the head of the competent Regional Immigration Service shall promptly examine and determine as to whether the suspect falls under any subparagraph of Article 46 (1).

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

Enforcement Ordinance

Article 72 (Examinations and Decisions)

When the head of an office, the head of a branch office or the head of a detention center has examined and made a decision pursuant to Article 58 of the Act, he/she shall prepare a written examination and decision, stating the adjudication, grounds for such decision, applicable legal provisions, etc.

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

Article 59 (Procedures after Examinations)

(1) If the head of a Regional Immigration Service determines after an examination that a suspect does not fall under any subparagraph of Article 46 (1), he/she shall promptly inform the suspect of the determination and immediately release the suspect if he/she is detained.

(2) If the head of a Regional Immigration Service determines after an examination that a suspect falls under any subparagraph of Article 46 (1), he/she may make a deportation order.

(3) When making a deportation order under paragraph (2), the head of a Regional Immigration Service shall issue a written order of deportation to the suspect in question.

(4) In issuing a written order of deportation, the head of a Regional Immigration Service shall inform the suspect in question of the fact that the suspect may file an objection with the Minister of Justice.

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

Enforcement Ordinance

Article 73 (Procedures after Examinations)

Where the head of an office, the head of a branch office or the head of a detention center decides to releases detention pursuant to Article 59 (1) of the Act, he/she shall send a request for release from detention, stating the grounds therefor, etc. to the head of a detention facility if a suspect is detained in the detention facility.

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

Enforcement Ordinance

Article 74 (Deportation Orders)

When the head of an office, the head of a branch office or the head of a detention center decides to issue a deportation order pursuant to Article 59 (2) of the Act, he/she shall issue a written order of deportation containing the intent of, and grounds for such order, and the purport that a suspect may file an objection, and deliver its duplicate to the suspect.

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

Article 60 (Filing Objections)

(1) If a suspect intends to protest a deportation order, the suspect shall file a written objection with the Minister of Justice through the head of the competent Regional Immigration Service within seven days after receipt of the written order of deportation.

(2) Upon receipt of the written objection under filed paragraph (1), the head of the Regional Immigration Service shall transfer the written objection accompanied by the written decision on examination and the record of investigation to the Minister of Justice.

(3) Upon receipt of the written objection, etc. under paragraphs (1) and (2), the Minister of Justice shall examine and decide whether the objection is well-grounded and notify the head of the competent Regional Immigration Service of the decision thereon.

(4) When the head of a Regional Immigration Service is notified by the Minister of Justice of the decision that the objection is well-grounded, he/she shall promptly inform the suspect of such decision and immediately release the suspect if the suspect is detained.

(5) When the head of a Regional Immigration Service is notified by the Minister of Justice of the decision that the objection is groundless, he/she shall promptly inform the suspect of such decision.

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

Enforcement Ordinance

Article 75 (Filing Objections and Decisions)

(1) The head of an office, the head of a branch office or the head of a detention center in receipt of a written objection filed under Article 60 (1) of the Act shall immediately send the written objection to the Minister of Justice, along with his/her opinion.

(2) When the Minister of Justice makes a decision under Article 60 (3) of the Act, he/she shall prepare a written decision on an objection, stating the adjudication, grounds, applicable legal provisions, etc., and issue such written decision to a suspect via the head of an office, the head of a branch office or the head of a detention center: Provided, That he/she may issue the written decision after notifying the suspect of the decision verbally in an emergency.

(3) When a suspect is detained in a detention facility where the head of an office, the head of a branch office, or the head of a detention center decides to release the suspect from detention pursuant to Article 60 (4) of the Act, he/she shall send a written request for release from detention stating the grounds therefor, etc. to the head of the detention facility.

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

Article 61 (Special Cases on Permission to Stay)

(1) In making a decision under Article 60 (3), even where the objection is deemed groundless, if a suspect was a former national of the Republic of Korea, or in exceptional circumstances under which a suspect need to stay in the Republic of Korea, the Minister of Justice may permit his/her stay.

(2) In granting permission under paragraph (1), the Minister of Justice may impose necessary conditions, such as the period of stay.

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

Enforcement Ordinance

Article 76 (Special Cases on Permission to Stay)



(1) Exceptional circumstances in which a suspect needs to stay in the Republic of Korea under Article 61 (1) of the Act mean any of the following cases:

1. Where the suspect holds the status of stay for 28-3. Permanent Resident (F-5) in attached Table 1;

2. Where the suspect has been awarded a decoration by or has won official commendation from the Government of the Republic of Korea, or has made a special contribution to the Republic of Korea;

3. Where the suspect is deemed to be in exceptional circumstances to stay in the Republic of Korea in view of the national interest and humanitarianism.

(2) When the Minister of Justice has granted permission to stay pursuant to Article 61 (1) of the Act, he/she shall issue a permit for special stay specifying the status of stay, a period of stay and other necessary matters to be observed, and deliver it to a suspect via the head of an office, the head of a branch office or the head of a detention center.

(3) When the Minister of Justice has granted permission under paragraph (2), he/she shall enter the purport of the permission to stay in a written decision under Article 75 (2).

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

SECTION 5 Execution of Written Orders of Deportation

Article 62 (Execution of Written Orders of Deportation)

(1) A written order of deportation shall be executed by an immigration control official.

(2) The head of a Regional Immigration Service may entrust a judicial police official to execute a written order of deportation.

(3) In executing a written order of deportation, the written order of deportation shall be produced to the person subject to such order, and the person shall be repatriated without delay to the country of repatriation under Article 64: Provided, That if the captain of a ship, etc. or a forwarding agent is required to repatriate him/her under Article 76 (1), an immigration control official may hand over such person to the captain of the ship, etc. or the forwarding agent.

(4) Notwithstanding paragraph (3), no person subject to a deportation order shall be repatriated in any of the following circumstances: Provided, That this shall not apply where a person who has applied for refugee status under the Refugee Act endangers or is likely to endanger the public security of the Republic of Korea:

1. Where he/she applied for refugee status pursuant to the Refugee Act but a decision on whether to grant refugee status has not been made;

2. Where he/she filed an objection pursuant to Article 21 of the Refugee Act, but the examination thereof has not yet finished.

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

Enforcement Ordinance

Article 77 (Execution of Written Orders of Deportation)

(1) An immigration control official shall confirm whether money or articles kept by him/her have been returned to the relevant alien in executing a written order of deportation pursuant to Article 62 (1) of the Act.

(2) When the head of an office, the head of a branch office or the head of a detention center requests a judicial police officer to execute a written order of deportation pursuant to Article 62 (2) of the Act, he/she shall issue a request for execution and deliver it along with the written order of deportation: Provided, That he/she may deliver a written order of deportation only and request the execution thereof verbally in an emergency.

(3) When an immigration control official or a judicial police officer has completed repatriation based upon a written order of deportation under Article 62 of the Act, or has failed to execute such order because it is impossible to execute the order, he/she shall enter grounds for fulfillment or non-fulfillment in the written order of deportation, and immediately submit it to the head of an office, the head of a branch office or the head of a detention center.

(4) When an immigration control official transfers an person subject to a deportation order to the captain of a ship, etc. or the forwarding agent pursuant to the proviso to Article 62 (3) of the Act, he/she shall issue a repatriation order stating personal matters, grounds for deportation, and that he/she is obligated to repatriate the person pursuant to Article 76 of the Act, and receive a receipt stating the purport that the captain of a ship, etc. or the forwarding agent shall fulfill such obligation and has taken over such person subject to the deportation order.

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

Article 63 (Detention of Persons Subject to Deportation Orders, or Release from Detention)

(1) If it is impossible to immediately repatriate a person subject to a deportation order out of the Republic of Korea as the person has no passport or no means of transportation is available, or for any other reason, the head of a Regional Immigration Service may detain the person in any detention facility until he/she can repatriate the person.

(2) When the period during which a person subject to a deportation order is detained under paragraph (1) exceeds three months, the head of a Regional Immigration Service shall obtain prior approval from the Minister of Justice every three months thereafter.

(3) The head of a Regional Immigration Service shall immediately release the person from detention if he/she fails to obtain approval under paragraph (2).

(4) If it becomes obviously impossible to repatriate a person subject to a deportation order for such reasons, as his/her entry into another country being rejected, the head of a Regional Immigration Service may release the person from detention.

(5) When releasing a person subject to a deportation order from detention under paragraph (3) or (4), the head of a Regional Immigration Service may restrict his/her residence or may impose other necessary conditions.

(6) Articles 53 through 55, 56-2 through 56-9 and 57 shall apply mutatis mutandis to detention under paragraph (1).

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

Enforcement Ordinance

Article 64 (Requests, etc. for Detention)

(1) Where an immigration control official intends to detain an alien issued a detention order pursuant to Article 51 (1) of the Act or a deportation order pursuant to Article 63 (1) of the Act in an immigration detention unit, immigration detention center, or other place prescribed by the Minister of Justice (hereinafter referred to as "detention facility"), he/she shall be issued a request for detention, stating the grounds and basis for making such a request by the head of an office, the head of a branch office or the head of a detention center to which he/she belongs, and send such request for detention to the head of the detention facility who is requested to detain the alien.

(2) Where a reason corresponding to any of the following occurs to an alien whose detention has been requested pursuant to paragraph (1), an immigration control official may change his/her place of detention to another detention facility:

1. Investigations of the alien under the Act;

2. Enforcement of departure from the Republic of Korea;

3. Maintenance of safety and order in the detention facility;

4. Necessary treatment for the alien, such as the provision of medical services.

(3) Where an immigration control official intends to change a place of detention pursuant to paragraph (2), he/she shall be issued a request for change of a place of detention, stating grounds therefor change, etc. by the head of an office, the head of a branch office or the head of a detention center to which he/she belongs, and send such request to the head of the detention facility who detains an alien and the head of another detention facility to which the alien is transferred, respectively.

(4) When an immigration control official prepares an emergency detention note pursuant to Article 51 (4) of the Act, he/she shall enter grounds for emergency detention, a place and time of emergency detention, etc. in the emergency detention note.

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

Enforcement Ordinance

Article 78 (Detention of Persons subject to Deportation Orders, or Release from Detention)

(1) Where the head of an office, the head of a branch office or the head of a detention center intends to detain a person subject to a deportation order until he/she can repatriate the person pursuant to Article 63 (1) of the Act, he/she shall issue a detention order for deportation, and produce it to the person subject to a deportation order.

(2) Where the head of an office, the head of a branch office or the head of a detention center intends to obtain approval from the Minister of Justice pursuant to Article 63 (2) of the Act, he/she shall explain the necessity of extending the period of detention.

(3) Where the head of an office, the head of a branch office or the head of a detention center releases a person subject to a deportation order from detention pursuant to Article 63 (3) or (4) of the Act, he/she shall issue a notice of release from detention, stating grounds therefor, restrictions on residence, and other necessary conditions, to the person subject to a deportation order. In such cases, where a person subject to a deportation order is detained in a detention facility, the head of an office, the head of a branch office or the head of a detention center shall send a request for release from detention, stating grounds therefor, etc. to the head of the detention facility.

(4) The head of an office, the head of a branch office or the head of a detention center shall ascertain the movements of a person released from detention under paragraph (3), such as whether he/she follows restrictions on residence and other conditions.

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

Article 64 (Country of Repatriation)

(1) A person subject to a deportation order shall be repatriated to the country of which the person is a national or has citizenship.

(2) If it is impossible to repatriate a person subject to a deportation order to the country provided for in paragraph (1), the person may be repatriated to any of the following countries:

1. A country in which he/she had resided before he/she entered the Republic of Korea;

2. The country where he/she was born;

3. The country to which the port at which he/she boarded the ship, etc. to enter the Republic of Korea belongs;

4. Any other country than those provided for in subparagraphs 1 through 3, to which he/she desires to be repatriated.

(3) Deleted.

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

SECTION 6 Temporary Release from Detention

Article 65 (Temporary Release from Detention)

(1) Ex officio or upon receipt of a request made by a detainee, the head of the Regional Immigration Service may temporarily release the detainee from detention on conditions that may include deposit of a bond not exceeding 20 million won and restrictions on his/her residence, taking into consideration the circumstances of such detainee, grounds for requesting a temporary release, assets, and other matters.

(2) Procedures for requests for temporary release from detention, the deposit and return of bonds under paragraph (1) shall be prescribed by Presidential Decree.

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

Enforcement Ordinance

Article 79 (Temporary Release from Detention)

(1) A person who intends to request temporary release from detention pursuant to Article 65 (1) of the Act shall submit a request for temporary release from detention that shall be accompanied by data explaining grounds for such request and his/her ability to deposit a bond, to the head of an office, the head of a branch office or the head of a detention center.

(2) Upon receipt of a request submitted under paragraph (1), the head of an office, the head of a branch office or the head of a detention center shall immediately examine related documents and issue a written decision on the request for release from detention, stating the adjudication of, grounds for and the applicable legal provisions of the Act to a requester, except in extenuating circumstances.

(3) In cases falling under paragraph (2), where the head of an office, the head of a branch office or the head of a detention center has decided on temporary release from detention, he/she shall state a period of temporary release from detention, the amount of, and deadline for payment of a bond, the place of payment, restrictions on residence, other necessary conditions and the purport that a suspect will be temporarily released from detention upon depositing the bond, and if he/she violates any of the conditions, temporary release from detention may be revoked and the bonds may be transferred to the fund of the National Treasury, in such written decision.

(4) When a suspect is detained in a detention facility where the head of an office, the head of a branch office or the head of a detention center decides to temporarily release the suspect from detention, he/she shall send a request for temporary release from detention, stating a period of temporary release from detention to the head of the detention facility.

(5) Article 17 (2) shall apply mutatis mutandis to procedures for the deposit of bonds under Article 65 (2) of the Act.

(6) A bond deposited pursuant to paragraph (5) shall be returned to a person who has deposited the bond when the relevant alien leaves the Republic of Korea or temporary release from detention is revoked, except where it is transferred to the fund of the National Treasury pursuant to Article 66 (2) of the Act.

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

Enforcement Ordinance

Article 79-2 (Criteria for Examination of Temporary Release from Detention)

(1) Upon receipt of a request for temporary release from detention pursuant to Article 65 (1) of the Act, the head of an office, the head of a branch office or the head of a detention center shall examine the following matters:

1. Whether a grave threat to life or health, or irretrievable property loss of a person detained in a detention facility (hereinafter referred to as "immigration detainee") is likely to occur by execution of a detention order or a deportation order;

2. Whether an immigration detainee is likely to harm the national interest, such as national security, social order and public health;

3. Violation of the law, age, character and living attitude of an immigration detainee in the process of investigations and in a detention facility;

4. Whether an immigration detainee is likely to flee;

5. Whether there are other important humanitarian reasons.

(2) Matters necessary for detailed criteria and methods for temporary release from detention under paragraph (1) shall be prescribed by the Minister of Justice.

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

Article 66 (Revocation of Temporary Release from Detention)

(1) If a person temporarily released from detention falls under any of the following cases, the head of a Regional Immigration Service may revoke the temporary release from detention and take the measure re-detaining the person:

1. Where the person has fled or is likely to flee;

2. Where the person fails to comply with an order to appear without justifiable grounds;

3. Where the person violates any of the conditions imposed on temporary release, in ways other than those provided for in subparagraphs 1 and 2.

(2) Where the head of a Regional Immigration Service revokes a temporary release from detention under paragraph (1), he/she may issue a written revocation of temporary release from detention and transfer bonds, in whole or in part, to the fund of the National Treasury.

(3) Procedures for the transfer of bonds to the fund of the National Treasury under paragraph (2) shall be prescribed by Presidential Decree.

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

Enforcement Ordinance

Article 79 (Temporary Release from Detention)

(1) A person who intends to request temporary release from detention pursuant to Article 65 (1) of the Act shall submit a request for temporary release from detention that shall be accompanied by data explaining grounds for such request and his/her ability to deposit a bond, to the head of an office, the head of a branch office or the head of a detention center.

(2) Upon receipt of a request submitted under paragraph (1), the head of an office, the head of a branch office or the head of a detention center shall immediately examine related documents and issue a written decision on the request for release from detention, stating the adjudication of, grounds for and the applicable legal provisions of the Act to a requester, except in extenuating circumstances.

(3) In cases falling under paragraph (2), where the head of an office, the head of a branch office or the head of a detention center has decided on temporary release from detention, he/she shall state a period of temporary release from detention, the amount of, and deadline for payment of a bond, the place of payment, restrictions on residence, other necessary conditions and the purport that a suspect will be temporarily released from detention upon depositing the bond, and if he/she violates any of the conditions, temporary release from detention may be revoked and the bonds may be transferred to the fund of the National Treasury, in such written decision.

(4) When a suspect is detained in a detention facility where the head of an office, the head of a branch office or the head of a detention center decides to temporarily release the suspect from detention, he/she shall send a request for temporary release from detention, stating a period of temporary release from detention to the head of the detention facility.

(5) Article 17 (2) shall apply mutatis mutandis to procedures for the deposit of bonds under Article 65 (2) of the Act.

(6) A bond deposited pursuant to paragraph (5) shall be returned to a person who has deposited the bond when the relevant alien leaves the Republic of Korea or temporary release from detention is revoked, except where it is transferred to the fund of the National Treasury pursuant to Article 66 (2) of the Act.

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

Enforcement Ordinance

Article 80 (Revocation of Temporary Release from Detention)

(1) Where the head of an office, the head of a branch office or the head of a detention center issues a written revocation of release from detention pursuant to Article 66 (2) of the Act, he/she shall deliver such written revocation, stating grounds for revocation, the place of detention, etc. to a requester for temporary release from detention and immediately re-detain the suspect.

(2) Article 17 (4) and (5) shall apply mutatis mutandis to procedures for transferring a bond to the fund of the National Treasury under Article 66 (2) of the Act.

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

Article 66-2 (Posting of Procedures for Temporary Release from Detention)

The head of a regional immigration service shall post procedures for temporary release from detention and the revocation thereof under Articles 65 and 66 at a readily visible place in the detention facility.

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

SECTION 7 Recommendations, etc. for Departure

Article 67 (Recommendations for Departure)

(1) If an alien staying in the Republic of Korea falls under any of the following circumstances, the head of a Regional Immigration Service may recommend the alien to voluntarily depart from the Republic of Korea:

1. A person who violates Article 17 or 20 through a minor offence;

2. A person who violates this Act or any order issued under this Act, in respect of whom the Minister of Justice deems it necessary to recommend departure.

(2) In making a recommendation for departure under paragraph (1), the head of a Regional Immigration Service shall issue a written recommendation for departure.

(3) Where a written recommendation for departure is issued under paragraph (2), the deadline for departure may be no later than five days from the date of issuance.

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

Enforcement Ordinance

Article 81 (Recommendations for Departure from the Republic of Korea)

A minor offence referred to in Article 67 (1) 1 of the Act means a violation of Article 17 or 20 of the Act first committed by an alien for a period of not exceeding ten days.

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

Article 68 (Departure Orders)

(1) The head of a Regional Immigration Service may order an alien to depart from the Republic of Korea if:

1. The alien is deemed to fall under any subparagraph of Article 46 (1), but intends to depart voluntarily at his/her own expense;

2. The alien has received a recommendation for departure under Article 67, but fails to comply therewith;

3. Any of his/her permission, etc. has been revoked under Article 89;

3-2. A person whose status of permanent residency has been revoked pursuant to Article 89-2 (1): Provided, That a person granted the standard status of stay pursuant to Article 89-2 (2) shall be excluded;

4. It is deemed reasonable to take a measure requiring the alien to depart from the Republic of Korea after having imposed an administrative fine under Article 100 (1) through (3);

5. It is deemed reasonable to take a measure requiring the alien to depart from the Republic of Korea after having taken a disposition of notice under Article 102 (1).

(2) In making a departure order under paragraph (1), the head of the Regional Immigration Service shall issue a written order of departure.

(3) In issuing a written order of departure under paragraph (2), the head of the Regional Immigration Service may determine the deadline for departure, and impose restrictions on residence or other necessary conditions, as prescribed by Ordinance of the Ministry of Justice

(4) The head of a Regional Immigration Service shall promptly issue a written order of deportation to a person subject to a departure order who has failed to depart from the Republic of Korea by the designated deadline, or who has violated any of the conditions imposed under paragraph (3).

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

Enforcement Ordinance

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

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