IMMIGRATION CONTROL ACT [See entire ACT]
CHAPTER Ⅷ Responsibility of Head of Vessels, etc. and Carrier
- Article 73 (General Obligations etc. of Forwarding Agents, etc.)
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The captains of ships, etc. or forwarding agents shall comply with the following:
1. To prevent a person’s entry or landing without entry or landing permission;
2. To prevent a person without a valid passport (referring to a valid passport or seafarers’ identity document in the case of seafarers) and required visa, from boarding;
3. To prevent a person who fails to obtain boarding permission or to undergo a departure inspection, from boarding;
4. To prevent the boarding of a person immigration control officials notify as ineligible for boarding a ship, etc. because of a failure to meet any of the requirements for departure or entry provided in this Act;
5. To place security guards as requested by immigration control officials to prevent entry, landing, or boarding under subparagraphs 1 through 4;
6. To search the inside of ships, etc. to verify whether a person who attempts to enter or depart from the Republic of Korea in contravention of this Act, is hiding;
7. To prohibit unauthorized access to ships, etc. until the completion of the search of the ships, etc. and an entry or departure inspection;
8. To prevent crew members or passengers from embarking or disembarking ships, etc. between the time of completion of the search of ships, etc. and entry or departure inspection and the time of departure of the ships, etc.;
9. Other matters ordered by an immigration control official as deemed particularly necessary for performing his/her duties in searching ships, etc. and conducting entry or departure inspections.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
- Article 73-2 (Perusal, Provision, etc. of Passenger Reservation Information)
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(1) When an immigration control official requests the verification of reservation information to perform any of the following duties, a forwarding agent shall immediately allow the official to peruse a reservation information system or submit the reservation information in a standardized electronic document: Provided, That, if the forwarding agent is unable to submit such information in the standardized electronic document due to an exceptional situation prescribed by Ordinance of the Ministry of Justice, the forwarding agent may inform the immigration control official of the situation promptly and submit the information in writing:
1. To investigate a person who has violated or is highly likely to having violated Article 7 (1), 7-2 or 12-3 (1);
2. To investigate a person who falls or appears highly likely to fall under any subparagraph of Article 11 (1).
(2) The scope of the information to be perused or submitted in writing under paragraph (1) shall be limited to the following:
1. Name, nationality, address, and telephone number;
2. Number, term of validity, and issuing country of the passport;
3. Timing of reservation and boarding process;
4. Travel route and travel agency;
5. Accompanied passenger and seat number;
6. Luggage;
7. Method of settling purchase price for airline tickets;
8. Place of departure and final destination;
9. Reservation number.
(3) When an immigration control official requests a forwarding agent to provide the following information on a passenger who wishes to receive a boarding pass in order to ensure the safety of the passenger and an accurate and rapid inspection for departure and entry, the forwarding agent shall submit the information in a standardized electronic document: Provided, That, if the forwarding agent is unable to submit such information in the standardized electronic document due to an exceptional situation prescribed by Ordinance of the Ministry of Justice, the forwarding agent may inform immigration control official of the situation promptly and may submit the information in writing:
1. Name, gender, date of birth, and nationality;
2. Passport number and reservation number;
3. Service, place and time of departure;
4. Place and time of arrival;
5. Whether the passenger makes a transit;
6. Biometrics information.
(4) Immigration control officials entitled to peruse or request the submission of information in writing pursuant to paragraphs (1) and (3) shall be limited to persons designated by the head of the competent Regional Immigration Service.
(5) Upon finding a person ineligible for boarding a ship, etc. due to his/her failure to meet any of the requirements for departure or entry provided in this Act, after having examined the data submitted, an immigration control official designated pursuant to paragraph (4) may give notice to the captain of the relevant ship or the relevant forwarding agent to prevent the person from boarding.
(6) No immigration control official designated pursuant to paragraph (4) shall divulge the information he/she has obtained from reservation information systems in the course of performing his/her duties to any third person, dispose of such information without authority, or use such information for unlawful purposes, such as providing for use by third persons.
(7) The timing for the perusal and submission of information pursuant to paragraphs (1) and (3) and further details shall be prescribed by Presidential Decree.
[This Article Newly Inserted on May 14, 2010]
[Title Amended on Mar. 29, 2016]
Enforcement Ordinance
- Article 85 (Timing, etc. for Perusal or Submission of Passenger Reservation Information)
(1) Where necessary to conduct investigations, an immigration control official may keep data referred to in Article 73-2 (2) and (3) either by noting down such data in an inspection report, etc. or attaching outputs from automated systems.
(2) The head of an office or the head of a branch office shall assign personal identification numbers to immigration control officials designated pursuant to Article 73-2 (4) of the Act.
(3) The timing a forwarding agent allows an immigration control official to peruse data on passenger reservation information or submits such information to the immigration control official pursuant to Article 73-2 (7) of the Act is as follows:
1. Where the forwarding agent allows the immigration control official to peruse passenger reservation information for investigations referred to in the subparagraphs of Article 73-2 (1) of the Act; Immediately after requested by the immigration control official;
2. Where the forwarding agent submits passenger reservation information referred to in subparagraph 1 in electronic documents: Within 30 minutes after requested by the immigration control official;
3. Where the forwarding agent submits data on passengers requested by the immigration control official pursuant to Article 73-2 (3) in electronic documents: By 30 minutes prior to the departure of the relevant ship, etc.: Provided, That such data shall be submitted before the departure of the relevant ship, if a change occurs in connection with any data specified in the subparagraphs of Article 73-2 (3) of the Act after electronic documents are submitted.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
- Article 74 (Obligation to Give Prior Notice)
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Where a ship, etc. enters and departs from a port of entry and departure, the captain of the ship, etc. or a forwarding agent shall give, in advance, a notice of scheduled entry and departure specifying the scheduled date and time of entry and departure and other necessary matters to the head of the competent Regional Immigration Service: Provided, That if any unforeseen accident occurs, such as an emergency landing of the aircraft or shipwreck, the captain of the ship, etc. or the forwarding agent shall promptly notify the head of the competent Regional Immigration Service thereof.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
Enforcement Ordinance
- Article 86 (Notice of Scheduled Arrival or Departure)
The captain of a ship, etc. or a forwarding agent shall give notice of scheduled arrival or departure under Article 74 of the Act by at least 24 hours prior to the arrival or departure of the ship, etc.: Provided, That this shall not apply to the arrival or departure of a ship, etc. operating on a regular basis or in exceptional circumstances.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
- Article 75 (Obligation to Report)
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(1) The captain of every ship, etc. or every forwarding agent that enters and departs from a port of entry and departure or any place, other than a port of entry and departure, shall submit an entry or departure report stating matters prescribed by Presidential Decree, accompanied by a list of crew members and a list of passengers, to the head of the competent Regional Immigration Service.
(2) The entry or departure report referred to in paragraph (1) shall be submitted in a standardized electronic document: Provided, That where the captain of a ship, etc. or a forwarding agent is unable to submit such information in a standardized electronic document due to extenuating circumstances prescribed by Ordinance of the Ministry of Justice, he/she may immediately submit it in writing after informing the head of the competent Regional Immigration Service of the grounds therefor.
(3) Detailed matters concerning procedures for submitting entry or departure reports under paragraph (1), including the timing for submission, shall be prescribed by Presidential Decree.
(4) If the captain of a ship, etc. or a forwarding agent that enters a port of entry and departure or any place, other than a port of entry and departure, becomes aware that a person without a valid passport (referring to a passport or seafarers’ identity document in the case of seafarers) is on board the ship, etc., he/she shall promptly report such fact to the head of the competent Regional Immigration Service and prevent the person from landing.
(5) The captain of a ship, etc. or a forwarding agent that departs from a port of entry and departure or any place, other than a port of entry and departure, shall report the following matters to the head of the competent Regional Immigration Service:
1. Whether a crew member granted landing permission or a passenger granted landing permission for tourism has returned to the ship, etc.;
2. Whether any person intends to depart from the Republic of Korea without undergoing due departure formalities.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
Enforcement Ordinance
- Article 87 (Obligation to Report)
(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]
- Article 76 (Obligation to Repatriate)
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(1) The captain of a ship, etc. or a forwarding agent operating a ship, etc. on which any of the following aliens embarked shall immediately repatriate such alien out of the Republic of Korea at his/her expense and on his/her own responsibility:
1. A person who fails to meet any of the requirements under Article 7 or 10;
2. A person whose entry is prohibited or refused under Article 11;
3. A person whose entry is not permitted by any reason attributable to the captain of the ship, etc. or the forwarding agent under Article 12 (4);
4. A crew member who has landed under Article 14 or a passenger who has landed for tourism under Article 14-2 fails to return to the ship, etc. on which he/she embarked until the ship, etc. departs from the port;
5. A person falling under Article 46 (1) 6 or 7, who receives a deportation order.
(2) Notwithstanding paragraph (1), if necessary for the effective repatriation of aliens, the head of a Regional Immigration Service may provide the captain of a ship, etc. or a forwarding agent with a specific place located in a port of departure and entry until repatriating the aliens. In such cases, where the head of the competent Regional Immigration Service makes a request regarding the management of the place or aliens staying in the place, the captain of the ship, etc. or the forwarding agent shall comply with such request unless there is a compelling reason not to do so.
[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]
Enforcement Ordinance
- Article 88 (Obligation to Repatriate)
(1) When the head of an office or the head of a branch office requests the captain of a ship, etc. or a forwarding agent to repatriate a person falling under any subparagraph of Article 76 of the Act, he/she shall issue a repatriation order: Provided, That he/she may make such request verbally in an emergency, and he/she shall promptly issue a repatriation order thereafter in such cases.
(2) Upon completing the repatriation of an alien under paragraph (1), the captain of a ship, etc. or a forwarding agent shall report the result thereof to the head of an office or the head of a branch office in writing.
(3) The captain of a ship, etc. or a forwarding agent shall bear expenses, etc. incurred in transporting, boarding and lodging an alien and physically restrain the alien until he/she repatriates such alien he/she is requested to repatriate pursuant to paragraph (1).
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
