IMMIGRATION CONTROL ACT [See entire ACT]

CHAPTER Ⅸ Supplementary Provisions

Article 77 (Carrying and Use of Arms, etc.)

(1) Immigration control officials may carry arms, etc. (referring to equipment, outfit, sprayers and weapons prescribed in Articles 10, and 10-2 through 10-4 of the Act on the Performance of Duties by Police Officers, and hereinafter referred to as "arms, etc.") if necessary to perform their duties.

(2) Immigration control officials may use arms, etc. pursuant to Articles 10, and 10-2 through 10-4 of the Act on the Performance of Duties by Police Officers.

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

Article 78 (Cooperation of Relevant Agencies)

(1) If necessary for conducting any of the following investigations, an immigration control official may request any relevant agency or organization to cooperate in providing materials or investigating facts, etc.:

1. An investigation under Article 47;

2. Deleted;

3. An investigation of an immigration offender.

(2) In order to perform the following duties, the Minister of Justice may request the following information from related agencies:

1. Departure and entry inspection inspections (including the performance of duties under an agreement, where such agreement has been entered into with a foreign country concerning departure and entry inspections using informatization devices): Criminal history records, investigation records, information about passports issued, information about resident registration, computerized information about registration of family relationship, or information about transfer passengers;

2. Examinations to issue visas or visa issuance certificates: Criminal history records, investigation records, customs-related crimes, information about passports issued or resident registration; information about whether a business operator's temporary or permanent closure of business, tax payment certificates; computerized information about registration of family relationship; or information about the status of international marriage brokers and administrative dispositions;

3. Examination for various permits related to the stay of aliens: Criminal history records, investigation records, information about penalty payment; information about administrative fine payment; information about passports issued or resident registration; information about aliens' registration of motor vehicles; information about whether a business operator's temporary or permanent closure of business; tax payment certificates; information about aliens’ default of taxes; information about aliens' default related to national health insurance and long-term care insurance; information about aliens' default of administrative fines; computerized information about registration of family relationship; information about the current status of international marriage brokers and administrative dispositions; the current status of accommodations; the current status of tourist accommodations; the current status of urban home stay facilities for foreign tourists; the current status of hanok experience facilities; or information about the income of aliens prescribed by Presidential Decree;

4. Investigation of criminals related to departure or entry: Criminal history records, investigation records, dispositions taken against aliens' crimes, customs-related crimes, information about passports issued or resident registration; information about aliens' registration of motor vehicles; tax payment certificates; computerized information about registration of family relationship; information about the status of international marriage brokers and administrative dispositions; the current status of accommodations; the current status of tourist accommodations; the current status of urban home stay facilities for foreign tourists; or the current status of hanok experience facilities;

5. Issuance of certificates of fact: Information about passports issued or resident registration, or computerized information about registration of family relationship.

(3) No related agency or organization shall reject a request for cooperation under paragraph (1) or a request for information under paragraph (2), without justifiable ground.

(4) The materials submitted under paragraph (1) or the information provided under paragraph (2) shall be kept and managed in accordance with the Personal Information Protection Act.

[This Article Wholly Amended on May 14, 2010]

Enforcement Ordinance

Article 79 (Persons Obligated to File Applications, etc. for Permission)

Where any of the following persons is under 17 years of age, and fails to file an application for permission, etc., his/her parents or other persons prescribed by Presidential Decree shall file such application:

1. A person who is required to obtain permission to engage in activities, other than those covered by his/her original status of stay under Article 20;

2. A person who is required to obtain the status of stay under Article 23;

3. A person who is required to obtain permission to change his/her status of stay under Article 24;

4. A person who is required to obtain an extension of his/her period of stay under Article 25;

5. A person who is required to file for alien registration under Article 31;

6. A person who is required to report on changes in connection with alien registration under Article 35;

7. A person who is required to report a change in his/her place of stay under Article 36.

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

Enforcement Ordinance

Article 89 (Persons Obligated to File Applications, etc. for Permission)

(1) "Other persons prescribed by Presidential Decree" in Article 79 of the Act mean any of the following persons:

1. A de facto supporter;

2. A sibling;

3. A referee;

4. Other cohabitant.

(2) Where the father or mother is unable to file an application for permission under Article 79 of the Act, persons in the order referred to in paragraph (1) are obligated to file an application for permission, etc.

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

Article 79-2 (Filing Various Applications as Agents)

(1) An alien, an employer of an alien, the head of an establishment that provides industrial technology training to an alien, or the head of a school where an alien student is either taking a course or participating in a training program (hereinafter referred to as "alien, etc.") may have a person who files an application, etc. on behalf of an alien with regard to his/her stay (hereinafter referred to as "agency") perform the following services:

1. An application for the issuance of visa issuance certificates under Article 9;

2. A report under Article 19 (1) (including cases applied mutatis mutandis pursuant to paragraph (2) of the same Article);

3. A report under Article 19-4 (2);

4. A request for permission for activities under Article 20;

5. An application for change or addition of a workplace under the main sentence of Article 21 (1);

6. A report on change or addition of a workplace under the proviso of Article 21 (1);

7. An application for the granting of a status of stay pursuant to Article 23 (1);

8. An application for permission to change a status of stay under Article 24;

9. An application for permission to extend a period of stay under Article 25 (1);

10. Other services prescribed by Ordinance of the Ministry of Justice regarding reports, applications, or receipt of documents, which are related to entry, departure, or stay of aliens.

(2) A person who intends to become an agency shall meet the following requirements to file for registration with the Minister of Justice:

1. Qualifications for an attorney-at-law or a licensed administrative agent;

2. Completion of the educational course necessary for agency services;

3. Personnel who meet the requirements referred to in subparagraphs 1 and 2, in cases of corporations.

(3) Where an agency performs any service prescribed in the subparagraphs of paragraph (1) (hereinafter referred to as "agency services"), it shall comply with the standard procedures for processing agency services prescribed by Ordinance of the Ministry of Justice.

(4) Detailed matters regarding registration requirements for an agency under paragraph (2), registration procedures, and other matters necessary for the registration of an agency shall be prescribed by Ordinance of the Ministry of Justice.

[This Article Newly Inserted on Jun. 9, 2020]

Article 79-3 (Revocation, etc. of Registration of Agencies)

(1) Where an agency falls under any of the following cases, the Minister of Justice may revoke the registration of the agency, suspend its agency services for up to six months, or issue an corrective order: Provided, That in cases falling under subparagraph 1 or 2, the registration of the agency shall be revoked:

1. Where it is registered by fraud or other improper means;

2. Where it performs agency services during the period of suspension of agency services;

3. Where it ceases to meet the registration requirements under Article 79-2 (2);

4. Where it violates the standard procedures for processing agency services under the proviso of Article 79-2 (3);

5. Where it receives a corrective order but fails to comply therewith;

6. Where it provides aliens, etc. with exaggerated or false information or is requested to perform services on behalf of them by providing exaggerated or false information;

7. Where it prepares or submits forged or altered documents or documents containing false information;

8. Where it fails to fulfill the duty of due care required of a good manager, such as losing or damaging documents assigned by an alien, etc. or neglecting to prepare and submit documents to be submitted to file a report or application related to entry, departure, or stay of an alien, etc.

(2) Detailed criteria for administrative dispositions taken under paragraph (1) shall be prescribed by Ordinance of the Ministry of Justice.

(3) The Minister of Justice shall hold a hearing where revoking the registration of an agency under paragraph (1).

[This Article Newly Inserted on Jun. 9, 2020]

Article 80 (Fact-Finding Investigations)

(1) In order to maintain the accuracy of any report or registration under this Act, an immigration control official or authorized public official may investigate such issue, if there are reasonable grounds to suspect that the contents of a report or registration under Articles 19, 31, 35, and 36 are different from the fact.

(2) If deemed necessary for performing any of the following duties, the Minister of Justice may require an immigration control official to investigate relevant facts:

1. Issuance of a visa issuance certificate under Article 9;

2. Granting permission under Articles 20, 21, 24 and 25 or the status of stay under Article 23;

3. Deleted.

(3) If necessary for conducting an investigation under paragraph (1) or (2), any person who has filed a report, registration, or an application under paragraph (1) or (2), or any other relevant person, may be requested to appear to answer any question, or to present documents and other materials.

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

Enforcement Ordinance

Article 90 (Fact-Finding Investigations)

When an authorized public official discovers that the content of a report or registration is different from the fact as a result of the fact-finding investigation conducted under Article 80 (1) of the Act, he/she shall immediately notify such fact to the head of an office or the head of a branch office.

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

Article 81 (Investigation of Movements of Aliens by Immigration Control Officials, etc.)

(1) In order to investigate whether an alien stays lawfully in compliance with this Act or any order issued under this Act and falls under any of the subparagraphs of Article 46 (1), immigration control officials or public officials belonging to related agencies prescribed by Presidential Decree may visit and inquire of any of the following persons, or request such persons to present necessary materials:

1. An alien;

2. An employer of an alien;

3. The representative of an organization or a business entity where an alien belongs, or is employed;

4. A person who provides an alien with accommodation.

(2) If necessary for preventing an alien from illegally entering the Republic of Korea by a false invitation, etc., immigration control officials may visit a person who arranges or mediates the invitation of aliens, international marriage, etc. or such person’s place of business and inquire of the person or request such person to present relevant materials.

(3) An immigration control official may request an alien to stop and make inquires of the alien based on reasonable suspicion that he/she has violated this Act, having regard to such alien’s movements or circumstances.

(4) No person in receipt of an inquiry or a request to submit materials under paragraph (1) or (2) may refuse it without justifiable grounds.

[This Article Wholly Amended on May 14, 2010]

Enforcement Ordinance

Article 91 (Investigation of Movements of Aliens)

(1) When an immigration control official has investigated the movements of aliens, etc. pursuant to Article 81 (1) and (2) of the Act, he/she shall keep the record thereof.

(2) An immigration control official shall keep checking whether a person in receipt of an order to suspend activities under Article 22 or notice of restrictions on the scope of activities, etc. under Article 27 complies with such order or restrictions, and keep the record thereof.

(3) Matters necessary for reporting and keeping the record of investigations on the movements of aliens shall be prescribed by Ordinance of the Ministry of Justice.

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

Enforcement Ordinance

Article 91-2 (Public Officials Belonging to Related Agencies)

(1) "Public officials belonging to related agencies prescribed by Presidential Decree" in Article 81 (1) of the Act mean any of the following:

1. Public official designated by the Minister of Employment and Labor from among the public officials belonging to the Ministry of Employment and Labor;

2. Public official designated by the Minister of Small and Medium-Sized Enterprises and Startups from among public officials of the Ministry of Small and Medium-Sized Enterprises and Startups;

3. Police official designated by the Commissioner General of the Korean National Police Agency from among police officials;

4. Other public officials belonging to the related central administrative agencies who are deemed necessary by the Minister of Justice for the protection and management of technical trainees.

(2) Upon having investigated the movements of aliens pursuant to Article 81 (1) of the Act, public officials referred to in paragraph (1) shall notify the head of an office or the head of a branch office of the findings of the investigation.

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

Article 81-2 (Posting of Immigration Control Officials)

The Minister of Justice may post immigration control officials in overseas diplomatic missions, etc. to perform the following duties:

1. Issuance of visas under Article 7 (1);

2. Issuance of alien entry permits under Article 7 (4);

3. Collection of necessary information on aliens’ entry into the Republic of Korea and liaison duties.

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

Article 81-3 (Duty of Aliens to Provide Information)

(1) Where an alien granted the status of short-term stay under Article 10-2 (1) 1 (hereinafter referred to as "short-term staying alien") stays in an accommodation operated by any of the following persons (hereinafter referred to as "accommodation business operator"), he/she shall provide materials prescribed by Ordinance of the Ministry of Justice such as a passport to the accommodation business operator, only in cases prescribed by Ordinance of the Ministry of Justice such as where a crisis alert is issued under the Infectious Disease Control and Prevention Act or a terror alert is issued under the Act on Counter-Terrorism for the Protection of Citizens and Public Security:

1. A person who files a report on his/her business as accommodation business under the Public Health Control Act;

2. A person file for registration of his/her business as tourist accommodation business, urban home stay business for foreign tourists, or hanok experience business under the Tourism Promotion Act.

(2) An accommodation business operator shall submit materials provided by a short-term staying alien to the Minister of Justice via the information and communications network prescribed by Ordinance of the Ministry of Justice (hereinafter referred to as "information and communications network") within 12 hours from when the short-term staying alien stays in the accommodation or an alert is issued under paragraph (1): Provided, That when it is impossible to submit the materials via the information and communications network due to any unavoidable cause, such as communication failures, they may be submitted in a manner prescribed by Ordinance of the Ministry of Justice.

(3) An accommodation business operator shall retain and manage materials collected to conduct the affairs under paragraph (2) in accordance with the Personal Information Protection Act.

(4) The Minister of Justice shall retain and manage the materials submitted by short-term staying aliens under paragraph (2) in accordance with the Personal Information Protection Act.

(5) Matters necessary for procedures and methods for the establishment and operation of the information and communications network and submission of data under paragraph (2) shall be prescribed by Ordinance of the Ministry of Justice.

[This Article Newly Inserted on Jun. 9, 2020]

Article 82 (Carrying and Production of Certificates)

An immigration control official or duly authorized public official shall carry a certificate indicating his/her authority, and produce it to relevant persons when performing the following duties:

1. Inspecting a residence or articles, or requesting submission of documents or other articles, under Article 50;

2. Conducting a search and an examination under Article 69 (including cases to which the aforementioned Article shall apply mutatis mutandis pursuant to Article 70 (1) and (2));

3. Making an inquiry or requesting submission of other necessary materials under Articles 80 and 81;

4. Performing duties equivalent to those referred to in subparagraphs 1 through 3.

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

Article 83 (Reporting on Immigration Offenders)

Any person who finds a person suspected of violating this Act may report him/her to an immigration control official.

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

Article 84 (Obligation to Notify)

(1) Any public official of the State or a local government finds a person falling under any subparagraph of Article 46 (1) or a person deemed to have violated this Act, in the course of performing his/her duties, shall immediately notify the head of the competent Regional Immigration Service of the person: Provided, That this shall not apply where the public official is deemed unable to achieve the very purpose of performing his/her duties due to his/her notification in circumstances prescribed by Presidential Decree.

(2) If an alien subject to notification under paragraph (1) falls under any of the following cases, the head of a prison, juvenile prison, house of detention or its branch, protective custody office, medical treatment and custody office, or juvenile reformatory shall immediately notify the head of the competent Regional Immigration Service thereof:

1. Where it is determined to release the alien subject to execution of a penalty upon termination of his/her prison term or suspension of enforcement of sentence, or on any other ground;

2. Where it is determined to release the alien in detention under protective or medical custody;

3. Where it is determined to release the alien detained in a juvenile reformatory under the Juvenile Act from such reformatory.

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

Enforcement Ordinance

Article 92-2 (Exemption from Obligation to Notify)

"Circumstances prescribed by Presidential Decree" in the proviso to Article 84 (1) of the Act mean any of the following:

1. Where a public official of the State or a local government becomes aware of personal information of an alien student in relation to his/her school life from a school defined in Article 2 of the Elementary and Secondary Education Act;

2. Where a public official in charge becomes aware of personal information of a patient in relation to health care activity in a public health and medical institution defined in subparagraph 3 of Article 2 of the Public Health and Medical Services Act;

3. Where the Minister of Justice deems that the relief of the relevant alien suffering from damage is necessary on a preferential basis while a public official conducts affairs prescribed by the Minister of Justice, such as rescue of victims of crimes and remedies for human rights violations.

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

Article 85 (Relationship to Criminal Procedures)

(1) The head of the competent Regional Immigration Service may take the procedures of deportation against an alien falling under any subparagraph of Article 46 (1) even during the enforcement of his/her sentence.

(2) In cases falling under paragraph (1), if a written order of deportation is issued to an alien, it shall be executed after the enforcement of his/her sentence is terminated: Provided, That if the chief prosecutor of the district prosecutors’ office having jurisdiction over the place where the sentence against the alien is enforced permits, the written order of deportation may be executed even before the enforcement of sentence is terminated.

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

Article 86 (Surrender of Persons)

(1) When a prosecutor makes a non-prosecution disposition against a suspect in custody to whom a written order of deportation has been issued, the prosecutor shall surrender the suspect to an immigration control official upon his/her release.

(2) If a written order of deportation is issued to an alien notified to the head of a Regional Immigration Service under Article 84 (2), the head of a prison, juvenile prison, house of detention or its branch, protective custody office, medical treatment and custody office, or juvenile reformatory shall surrender the alien to an immigration control official upon his/her release from such a facility.

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

Article 87 (Immigration Control Fees)

(1) A person who obtains permission, etc. under this Act shall pay a fee prescribed by Ordinance of the Ministry of Justice.

(2) If it is deemed necessary in light of international practices or reciprocity principles or for other reasons prescribed by Ordinance of the Ministry of Justice, the Minister of Justice may exempt a fee under paragraph (1), and if an agreement, etc. includes separate provisions concerning a fee, such provisions shall be complied with.

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

Article 88 (Issuance of Certificate of Fact and Perusal of Registration)

(1) The head of a Regional Immigration Service, the head of a Si/Gun/Gu (including a non-autonomous Gu; the same shall apply hereafter in this Article), the head of an Eup/Myeon/Dong, or the head of an overseas diplomatic mission may issue a certificate of fact on the entry into, or the departure from, the Republic of Korea in accordance with the procedures provided for in this Act to certify whether a person has entered or departed from the Republic of Korea, as prescribed by Ordinance of the Ministry of Justice: Provided, That a certificate of fact on the entry into, or the departure from, the Republic of Korea may be issued in accordance with the procedures provided in this Act, if deemed particularly necessary with regard to a person who has never entered, or departed from, the Republic of Korea.

(2) The head of a Regional Immigration Service, the head of a Si/Gun/Gu, or the head of an Eup/Myeon/Dong may issue a certificate of fact on alien registration to an alien who has filed for alien registration in accordance with the procedures provided in this Act, or to any person specified by Ordinance of the Ministry of Justice, including the alien’s legal representative, may allow any of such persons to peruse alien registration, as prescribed by Ordinance of the Ministry of Justice.

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

Article 88-2 (Relationship between Alien Registration Certificates, etc. and Resident Registration Cards, etc.)

(1) Where a resident registration card, or the certified or abridged copy of the resident registration certificate, is required to execute various procedures, transactions, etc. provided for in the statutes, an alien registration certificate or a certificate of fact on alien registration shall substitute for it.

(2) Any alien registration and report on change of place of stay filed under this Act shall substitute for any resident registration and moving-in report, respectively.

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

Article 89 (Revocation and Change of Various Permission, etc.)

(1) If an alien falls under any of the following cases, the Minister of Justice may revoke or change a visa issued under Article 8, a visa issuance certificate issued under Article 9, entry permission granted under Article 12 (3), conditional entry permission granted under Article 13, landing permission for crew granted under Article 14, landing permission for tourism granted under Article 14-2, or permission for stay, etc. granted under Articles 20, 21, and 23 through 25:

1. Where a referee withdraws his/her guarantee or there is no referee anymore;

2. Where it is found that the alien has obtain permission, etc. by false or other unlawful means;

3. Where the alien violates any of terms or conditions of permission;

4. Where any change in circumstances causes grave reason making it impossible to maintain permitted conditions;

5. In any other cases than those provided for in subparagraphs 1 through 4, where the alien seriously violates this Act or any other Act, or violates any legitimate ex officio order issued by an immigration control official.

(2) If deemed necessary for revoking or changing permission, etc. under paragraph (1), the Minister of Justice may require the alien in question or the applicant under Article 79 to appear to hear his/her opinion.

(3) In cases falling under paragraph (2), the Minister of Justice shall give a notice of the grounds for revocation or change and the date, time and place of appearance to the alien or applicant by seven days prior to the date of appearance.

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

Enforcement Ordinance

Article 94 (Revocation and Change of Various Permission, etc.)

(1) When the Minister of Justice has revoked or changed permission to extend the period of stay of an alien or other permission pursuant to Article 89 (1) of the Act, he/she shall notify the alien of the revocation or change thereof, and enter the purport thereof in the alien’s passport.

(2) When a permit held by an alien, such as a visa issuance certificate under Article 9 of the Act, a conditional entry permit under Article 13 of the Act, a crewman’s landing permit under Article 14 of the Act, a landing permit for tourism under Article 14-2 of the Act or a permit to engage in activities not covered by his/her original status of stay issued pursuant to Article 20 of the Act, is revoked pursuant to paragraph (1), an immigration control official shall withdraw the permit.

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

Enforcement Ordinance

Article 94-2 (Procedures for Stating Opinions)

(1) The Minister of Justice shall give a written notice under Article 89 (3) of the Act: Provided, That this shall not apply where he/she cannot give such notice because the whereabouts of an alien or applicant is unknown.

(2) An alien or applicant in receipt of a notice under paragraph (1) may appear at a given time and place and state his/her opinion, or submit a statement of opinion (including an electronic document) to the Minister of Justice. In such cases, if he/she fails to state his/her opinion or to submit a statement of his/her opinion (including an electronic document) by the given date, he/she shall be deemed to have no opinion.

(3) When an alien or applicant appears and states his/her opinion pursuant to paragraph (2), a related public official shall prepare a written summary thereof (including an electronic document), and require the alien or applicant who has made the statement to verify it and sign and seal (including an electronic signature) on it.

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

Article 89-2 (Special Cases concerning Revocation of Status of Permanent Residency)

(1) Notwithstanding Article 89 (1), the Minister of Justice may revoke the status of permanent residency of any alien granted such status, only where he/she falls under any of the following subparagraphs: Provided That where he/she fall under subparagraph 1, his/her status of permanent residency shall be revoked:

1. Where he/she has acquired the status of permanent residency in a false or otherwise unjustifiable manner;

2. Where he/she has finally been sentenced to imprisonment with or without labor for not less than two years for committing a crime referred to in any Act specified by Ordinance of the Ministry of Justice, such as the Criminal Act and the Act on Special Cases concerning the Punishment of Sexual Crimes;

3. Where he/she has been sentenced to imprisonment with or without labor for violating this Act or any other Act within recent five years and his/her total period of finalized sentences is not less than three years;

4. Where a person prescribed by Presidential Decree, such as a person who has acquired the status of permanent residency based on any condition, such as maintaining a certain amount or more of investment in the Republic of Korea, violates such condition;

5. Where he/she has committed an act contrary to the national interest of the Republic of Korea in terms of national security, diplomatic relations, national economy, etc.

(2) In cases of revoking the status of permanent residency pursuant to paragraph (1), upon receipt of an application by any alien, the Minister of Justice may grant the standard status of stay to such alien where he/she is deemed to need to continuously stay in the Republic of Korea and meets the standard status of permanent residency.

(3) Article 89 (2) and (3) shall apply mutatis mutandis to the revocation of the status of permanent residency pursuant to paragraph (1).

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

Enforcement Ordinance

Article 90 (References)

(1) If it is deemed necessary in connection with the issuance of a visa or a visa issuance certificate, entry permission, conditional entry permission, any permission for stay, detention of an alien, extradition of an immigration offender, etc., the Minister of Justice may require the person who has invited an alien or any other related person to provide personal reference of such alien (hereinafter referred to as "guaranteed alien").

(2) The Minister of Justice may require a person who provides an alien’s personal reference (hereinafter referred to as "referee") under paragraph (1) to fully or partially bear expenses incurred in relation to the alien’s stay and detention in and departure from the Republic of Korea.

(3) Where expenses are borne by the National Treasury due to a referee’s failure to fulfill his/her obligation to guarantee an alien under paragraph (2), the Minister of Justice may exercise the right to indemnity against the referee.

(4) Where a referee is unlikely to bear expenses under paragraph (2), or the provision of personal reference alone is insufficient to achieve the purpose of guarantee, the Minister of Justice may require the referee to deposit bonds not exceeding three million won per guaranteed alien.

(5) The qualifications of referees, period of guarantee and other matters necessary for providing personal references shall be prescribed by Ordinance of the Ministry of Justice.

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

Enforcement Ordinance

Article 95 (References)

(1) Article 17 (2) shall apply mutatis mutandis to procedures for the deposit of bonds under Article 90 (4) of the Act.

(2) If a referee referred to in Article 90 (1) of the Act fails to fulfill his/her obligation to guarantee an alien, a bond deposited under paragraph (4) of same Article shall be used for expenses incurred in relation to the guaranteed alien’s stay and detention in and departure from the Republic of Korea pursuant to paragraph (2) of the same Article.

(3) A bond deposited under Article 90 (4) of the Act shall be returned to the referee if he/she fulfills his/her obligation to guarantee or if the purpose of guarantee is deemed achieved.

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

Enforcement Ordinance

Article 95-2 (Procedures for Exercise of Right to Indemnity)

(1) Where the Minister of Justice intends to exercise the right to indemnity pursuant to Article 90 (3) or 90-2 (2) of the Act, he/she shall notify a referee or illegal employer of his/her claim for indemnity in writing, specifying the basis for the calculation of the amount claimed for indemnity.

(2) A referee or illegal employer in receipt of a notice for payment of the amount claimed for indemnity under paragraph (1) shall pay the amount claimed for indemnity within 15 days of receipt of the notice.

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

Article 90-2 (Responsibility to Bear Expenses for Departure of Illegally Employed Aliens)

(1) The Minister of Justice may require an employer of an alien not granted status of stay that entitles the alien to engage in job-seeking activities (hereinafter referred to as "illegal employer") to fully or partially bear expenses incurred in departing the alien from the Republic of Korea.

(2) Where expenses are borne by the National Treasury due to an illegal employer’s failure to fulfill his/her responsibility to bear expenses under paragraph (1), the Minister of Justice may exercise the right to indemnity against the illegal employer.

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

Article 91 (Service of Documents, etc.)

(1) Except as otherwise expressly provided for in this Act, documents, etc. shall be served either in person or by mail to the principal, his/her family members, referee, or head of the organization to which he/she belongs, in that order.

(2) If the head of a Regional Immigration Service deems it impossible to serve documents, etc. pursuant to paragraph (1), he/she shall keep the documents, etc. to be served, and serve such documents, etc. by public notice posting the grounds therefor on the bulletin board in the office building.

(3) Service by public notice under paragraph (2) shall take effect at the expiration of 14 days after the public notice is posted.

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

Enforcement Ordinance

Article 106 (Service of Written Notice)

A written notice referred to in Article 104 of the Act shall be served, as prescribed in Article 91 of the Act.

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

Article 91-2 (Digitization of Applications for Visa Issuance and Permission to Stay)

(1) In order to efficiently process various issuance and permission affairs, the Minister of Justice may keep documents prescribed by Ordinance of the Ministry of Justice, among the documents submitted by a person who intends to apply for any of the following matters, by converting them into digitized documents under Article 5 (2) of the Framework Act on Electronic Documents and Transactions:

1. Issuance of visas and visa issuance certificates under Articles 8 and 9;

2. Permission for activities not covered by a status of stay under Article 20;
3. Granting of the status of stay under Article 23;

4. Permission to change a status of stay under Article 24;

5. Permission to extend the period of stay under Article 25;

6. Registration of aliens under Article 31;

7. Other matters deemed necessary by the Minister of Justice.

(2) The Minister of Justice may entrust affairs regarding conversion of documents into digitized documents under paragraph (1) (hereafter in this Article referred to as "affairs for digitization") to a person with facilities and human resources prescribed by Ordinance of the Ministry of Justice: Provided, That a consultation shall be held with the Minister of Foreign Affairs where affairs for digitization are entrusted in a foreign country.

(3) No current or former executive officer or employee of a corporation to which affairs for digitization are entrusted under paragraph (2) (hereinafter referred to as “agency for digitization”) shall divulge any confidential information that he/she has learned in the course of performing his/her duties to any third person or use such information for other purposes than his/her duties.

(4) The Minister of Justice shall, when he/she keeps documents by converting them into digitized documents pursuant to paragraph (1), keep them in a file of the electronic data processing system used by the Ministry of Justice. In such cases, the details included in a file shall be deemed the same as those entered in the relevant documents.

(5) Where an agency for digitization fails to meet the standards for facilities and human resources prescribed by Ordinance of the Ministry of Justice under paragraph (2), the Minister of Justice may request such agency for digitization to take a corrective measure, and where it fails to comply with the request for taking a corrective measure, the Minister of Justice may revoke the entrustment of affairs for digitization. In such cases, an opportunity to state its opinions shall be provided in advance.

(6) Matters necessary for the methods of conducting affairs for digitization, the period of and procedures for entrustment and designation, and the management and supervision under paragraphs (1), (2) and (5) shall be prescribed by Ordinance of the Ministry of Justice.

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

Article 92 (Delegation of Authority and Entrustment of Duties)

(1) The Minister of Justice may delegate part of his/her authority under this Act to the head of a Regional Immigration Services, as prescribed by Presidential Decree.

(2) A Mayor (excluding the Special Metropolitan City Mayor and Metropolitan City Mayors) may delegate part of his/her authority under this Act to the head of a Gu (referring to the head of a Gu, other than an autonomous Gu), as prescribed by Presidential Decree.

(3) Part of the duties of the Minister of Justice under this Act may be entrusted to a corporation or organization having human resources or facilities for performing related duties, as prescribed by Presidential Decree.

[This Article Wholly Amended on May 14, 2010]

[Title Amended on Jun. 9, 2020]

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]

Enforcement Ordinance

Article 92-2 (Consultation on Permission for Navigation of Ships, etc.)

In order to permit the navigation of ships, etc. that carry passengers from and to ports of departure and entry, the Minister of Land, Infrastructure and Transport or the Minister of Oceans and Fisheries shall consult with the Minister of Justice in advance to ensure that departure and entry inspections can be conducted smoothly.

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

Article 93 (Procedures for Travel, etc. between South and North Korea)

(1) If a national who resides south of the Military Demarcation Line (hereinafter referred to as "South Korea") or in a foreign country enters or departs from the Republic of Korea through the area north of the Military Demarcation Line (hereinafter referred to as "North Korea"), the national shall undergo an immigration inspection before the national goes to North Korea from South Korea, or after the national arrives in South Korea from North Korea.

(2) The provisions of this Act concerning immigration procedures shall apply mutatis mutandis to travel procedures of any alien between South Korea and North Korea, unless otherwise expressly prescribed by the Minister of Justice.

(3) If an alien enters or departs from the Republic of Korea through North Korea, the alien shall be subject to this Act concerning immigration procedures.

(4) Matters necessary for enforcing paragraphs (1) through (3) shall be prescribed by Presidential Decree.

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

Enforcement Ordinance

Article 97 (Procedures for Immigration Inspections for Travel, etc. between South and North Korea)

(1) Article 1 shall apply mutatis mutandis to immigration inspections of nationals under Article 93 (1) of the Act. In such cases, an immigration control official shall verify matters referred to in Article 22 (1) 1, 4 and 5 of the Enforcement Decree of the Inter-Korean Exchange and Cooperation Act.

(2) Articles 15 and 35 shall apply mutatis mutandis to inspections of aliens under Article 93 (2) and (3) of the Act.

(3) When the Minister of Justice conducts an immigration inspection under paragraphs (1) and (2), if he/she deems that a national or an alien is likely to harm national security or public order of the Republic of Korea or to bring a serious impact to the relationship between South and North Korea, he/she shall consult with the heads of related agencies, such as the Minister of Unification.

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

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

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