(1) An immigration control official shall check the following when conducting a search and an examination on board a ship, etc. under Articles 69 and 70 of the Act:

1. Whether the passports or seafarers’ identity documents are valid;

2. Whether crew members or passengers are on board the ship following proper procedures;

3. Whether crew members or passengers on board the ship coincide with those on the list of crew members and passengers submitted pursuant to Article 75 (1) of the Act;

4. Whether any of crew members or passengers is prohibited from entry into or departure from the Republic of Korea;

5. Whether any of crew members or passengers has disembarked before searching the ship that entered port;

6. Whether any of crew members or passengers has not returned to the ship that is to leave port by the time of search;

7. Whether any person, other than crew members or passengers, has trespassed the ship, etc. without obtaining permission for embarkation;

8. Whether any person who intends to enter or leave the Republic of Korea without following proper procedures is hiding in the ship, etc.

(2) Where departure of a ship, etc. from port is likely to be delayed due to an immigration control official's search on board the ship, etc. under paragraph (1), or where it is deemed necessary, the head of an office or the head of a branch office may allow the immigration control official to examine the eligibility of crew members and passengers beforehand by requiring them to submit necessary documents, such as passports and seafarers’ identity documents before the ship, etc. leaves port.

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

The scope of ships, etc. to be searched and examined by immigration control officials pursuant to Article 69 of the Act is as follows:

1. Ships, etc. of the Republic of Korea or foreign countries that ply between domestic ports and foreign ports;

2. Ships of the Republic of Korea or foreign countries that ply between domestic ports and pelagic areas (excluding fishing ships which no alien crew members are on board);

3. Ships, etc. falling under subparagraph 1 or 2, which ply between domestic ports after calling at a domestic port.

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

(1) When the captain of a ship, etc. or the forwarding agent has given a notice of scheduled entry and departure to the head of an office or branch office pursuant to Article 69 (2) of the Act, he/she shall be deemed to have applied for any of the following permission:

1. Permission under the proviso to Articles 3 (1) and the proviso to Article 6 (1) of the Act;

2. Permission under Articles 12 (2) and 28 (2) of the Act.

(2) When the competent authorities of a ship, etc. have permitted the relevant ship, etc. to enter or leave a port, the head of an office or the head of a branch office shall conduct a search under Article 69 (2) of the Act in the absence of exceptional circumstances.

(3) When an immigration control official has initiated a search and an examination under Article 69 of the Act, the head of an office or the head of a branch office shall be deemed to have approved an application for permission referred to in each subparagraph of paragraph (1): Provided, That when there exist exceptional circumstances under which the head of an office or the head of a branch office cannot grant permission referred to in each subparagraph of paragraph (1), an immigration control official shall immediately notify the captain of a ship, etc. or a forwarding agent thereof.

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

(1) The captain of every ship, etc. or every forwarding agent shall submit an entry or departure report under Article 75 (1) of the Act when undergoing a search under Article 69 of the Act: Provided, That when he/she undergoes an examination on documents pursuant to Article 69 (6) of the Act, he/she shall submit such report at the time of the examination.

(2) Of an entry or departure report referred to in Article 75 (1) of the Act, the following matters on individual crew members and passengers shall be mentioned in a list of crew members and a list of passengers to be submitted by the captain of a ship, etc. entering or departing from the port of entry and departure or a forwarding agent conducting a business related to a ship, etc.:

1. Nationality;

2. Name entered in the passport;

3. Date of birth;

4. Gender;

5. Kind and number of a travel document;

6. Whether he/she is a transfer passenger (only applicable to passengers);

7. Data on the face of a passenger (only applicable where the captain of a ship or the forwarding agent intends to apply for landing permission for tourism pursuant to Article 14-2 of the Act).

(3) Of an entry or departure report referred to in Article 75 (1) of the Act, the following matters shall be mentioned in the information about a ship, etc. to be submitted by the captain of the ship, etc. entering or departing from the port of entry and departure or a forwarding agent conducting a business related to a ship, etc.:

1. Type of the ship, etc.;

2. Registered number and its name;

3. Registered country;

4. Place and time of departure;

5. Place and time of stop;

6. Place and time of arrival;

7. Number of crew members, passengers and transfer passengers.

(4) Where any matters need to be supplemented, such as persons omitted from a list of crew members or a list of passengers in an entry or departure report submitted in the standardized electronic document pursuant to Article 75 (1) and (2) of the Act, the head of an office or the head of a branch office may immediately request the captain of a ship, etc. or a forwarding agent to submit the supplemented entry or departure report.

(5) The timing for submission of an entry or departure deport under Article 75 (1) of the Act is as follows:

1. In cases of entry into port: By no later than two hours before entry into port of the Republic of Korea (referring to no later than 24 hours before entry into port of the Republic of Korea where the captain of a ship or the forwarding agent intends to apply for landing permission for tourism pursuant to Article 14-2 of the Act): Provided, That where it takes less than two hours (referring to 24 hours where the captain of a ship or the forwarding agent intends to apply for landing permission for tourism) for a ship, etc. to enter port of the Republic of Korea after departing from the port of a foreign country, an entry report may be filed within 20 minutes after departure from the port of a foreign country;

2. In cases of departure from port: Immediately after the completion of preparation for departure.

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

(1) A person who intends to obtain permission to embark pursuant to Article 72 (1) of the Act shall file an application for embarkation that shall be accompanied by data explaining the reason for embarkation with the head of an office or the head of a branch office: Provided, That the captain of a ship, etc. or a forwarding agent may submit such application on his/her behalf in extenuating circumstances.

(2) When a person intends to obtain permission to embark on a ship, etc. under Article 72 (1) of the Act to enter the ship, etc. for repair, cleaning of or work in such ship, etc., or for other necessary purposes while the ship, etc. is plying the ports of entry and departure or between places other than ports of entry and departure in the Republic of Korea, the captain of the ship, etc. or the forwarding agent shall file an application for embarkation that shall be accompanied by data explaining the reason for embarkation with the head of an office or the head of a branch office.

(3) A place of entry and departure inspections under Article 72 (2) of the Act means a place established in a port of entry and departure for entry and departure inspections.

(4) The head of an office or branch office having jurisdiction over the port of entry and departure may take measures necessary for preventing illegal entry into and departure from the Republic of Korea at any place of entry and departure inspections referred to in paragraph (3).

(5) A person who intends to obtain permission to enter a place of entry and departure inspections pursuant to Article 72 (2) of the Act shall file an application therefor that shall be accompanied by data explaining the reason therefor with the head of an office or the head of a branch office.

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