ACT ON THE IMMIGRATION AND LEGAL STATUS OF OVERSEAS KOREANS

  • [Enforcement Date 01. May, 2018.] [Act No.14973, 31. Oct, 2017., Partial Amendment]
    [Enforcement Date 18. Feb, 2020.] [Presidential Decree No.30416, 18. Feb, 2020., Partial Amendment]

Body Text

Article 1 (Purpose)

The purpose of this Act is to ensure overseas Koreans the entry into and departure from the Republic of Korea and the legal status therein.

[This Article Wholly Amended by Act No. 8896, Mar. 14, 2008]

Enforcement Ordinance

Article 1 (Purpose)

The purpose of this Decree is to prescribe matters mandated by the Act on the Immigration and Legal Status of Overseas Koreans and matters necessary for the enforcement thereof.

Article 2 (Definitions)

The term "overseas Korean" in this Act means a person who falls under any of the following subparagraphs:

1. A national of the Republic of Korea who has acquired the right of permanent residence in a foreign country or is residing in a foreign country with a view to living there permanently (hereinafter referred to as a "Korean national residing abroad");

2. A person prescribed by Presidential Decree from among those who, having held the nationality of the Republic of Korea (including those who had emigrated abroad before the Government of the Republic of Korea was established) or as their lineal descendants, have acquired the nationality of a foreign country (hereinafter referred to as a "foreign nationality Korean").

[This Article Wholly Amended by Act No. 8896, Mar. 14, 2008]

Enforcement Ordinance

Article 2 (Definition of Overseas Korean Nationals)

(1) “A person who has acquired the right of permanent residence in a foreign country” defined in subparagraph 1 of Article 2 of the Act on the Immigration and Legal Status of Overseas Koreans (hereinafter referred to as the "Act") means a person who has acquired the right of permanent residence or the status of sojourn for the purpose of long-term residence equivalent thereto from the country of residence.

(2) “A person who is residing in a foreign country with a view to living there permanently” defined in subparagraph 1 of Article 2 of the Act means an emigrant overseas defined in Article 2 of the Emigration Act who has not obtained the right of permanent residence from the country of residence.

Enforcement Ordinance

Article 3 (Definition of Foreign National Koreans)

“A person prescribed by Presidential Decree” in subparagraph 2 of Article 2 of the Act means any of the following persons:

1. A person who had held the nationality of the Republic of Korea due to birth (including those who had emigrated abroad before the Government of the Republic of Korea was established) and acquired the nationality of a foreign country;

2. A lineal descendants of the person under paragraph (1) who acquired the nationality of a foreign country.

[This Article Wholly Amended by Presidential Decree No. 29936, Jul. 2, 2019]

Article 3 (Scope of Application)

This Act shall apply with respect to the entry into and departure from the Republic of Korea and the legal status therein of Korean nationals residing abroad and foreign nationality Koreans who have the status of sojourn as overseas Korean (hereinafter referred to as the "status of sojourn as overseas Korean") from among the qualifications for sojourn under Article 10 of the Immigration Act.

[This Article Wholly Amended by Act No. 8896, Mar. 14, 2008]

Enforcement Ordinance

Article 4 (Grant of Status of Sojourn as Overseas Korean)

(1) To decide whether a foreign national Korean who applied for status of sojourn as overseas Korean under Article 3 of the Act falls under any subparagraph of Article 5 (2) of the Act, the Minister of Justice may request a background investigation and crime record investigation of the applicant to the head of the relevant agency or may seek his or her opinion regarding other necessary matters. In such cases, the head of the relevant agency shall present the investigation result or his or her opinion thereto within 30 days of the request for investigation or opinion.

(2) When a ground exists to suspect that a foreign national Korean who applied for status of sojourn as overseas Korean falls under Article 5 (2) 2 of the Act, the Minister of Justice shall request the consultation pursuant to Article 5 (3) of the Act to the Minister of Foreign Affairs. In such cases, the Minister of Foreign Affairs shall present his or her opinion thereto within 30 days of such request: Provided, That when the Minister of Foreign Affairs presented the opinion pursuant to paragraph (3) in advance, the same shall not apply.

(3) When a foreign national Korean applies for status of sojourn as overseas Korean to diplomatic establishments abroad, the Minister of Foreign Affairs may present his or her opinion on grant of status of sojourn as overseas Korean to the Minister of Justice even in the absence of a request for consultation made by the Minister of Justice pursuant to paragraph (2).

(4) Articles 12 and 23 of the Enforcement Decree of the Immigration Act shall apply mutatis mutandis to the qualification requirements for and activity scope of sojourn as overseas Korean.

Article 3-2(Relation with other Statutes)

If not stipulated in this Act with respect to the entry into and departure from the Republic of Korea and legal status therein for Overseas Korean with Status of Sojourn the IMMIGRATION ACT shall apply.

Article 4 (Duty of Government)

The Government shall give necessary support to overseas Korean lest he/she should suffer unfair regulation or treatment in the Republic of Korea.

[This Article Wholly Amended by Act No. 8896, Mar. 14, 2008]

Enforcement Ordinance

Article 5-2 (Consultation with Relevant Ministry)

The Minister of Justice may determine the following matters regarding the entry into and departure from the Republic of Korea and sojourn of overseas Korean, in consultation with the relevant Ministry or relevant organization:

1. Matters concerning improvement or modification of the system regarding the grant of status of sojourn as overseas Korean;

2. Matters concerning domestic employment and activity scope of a person acquiring status of sojourn as overseas Korean;

3. Other important matters concerning the policy of entry and departure and sojourn of overseas Korean.

[This Article Newly Inserted by Presidential Decree No. 21087, Oct. 20, 2008]

Article 5 (Grant of Status of Sojourn as Overseas Korean)

(1) The Minister of Justice may grant the status of sojourn as overseas Korean to a foreign nationality Korean who intends to engage himself/herself in activities in the Republic of Korea based on his/her application thereto.

(2) Where a foreign nationality Korean has any of the following reasons, the Minister of Justice shall not grant him/her the status of sojourn as overseas Korean under paragraph (1): Provided, That in cases of a foreign nationality Korean falling under subparagraph 1, the foregoing shall not apply from January 1 of the year when he becomes 41 years old:

1. Where a male not falling under any of the following cases becomes a foreigner by renouncing or losing the nationality of the Republic of Korea:

(a) Where he has completed, or is deemed to have completed, his active military service, full-time reserve service, or supplementary service;

(b) Where he is enlisted in the wartime labor service;

(c) Where he is exempt from military service.

2. Where it is apprehensive that he/she may impair the interests of the Republic of Korea, such as national security, maintenance of public order, public welfare and diplomatic relations of the Republic of Korea.

(3) When the Minister of Justice grants a foreign nationality Korean the status of sojourn as overseas Korean under paragraphs (1) and (2), he/she shall consult with the Minister of Foreign Affairs as prescribed by Presidential Decree.

(4) The requirements for acquisition of the status of sojourn as overseas Korean and the scope of activities of a person who has acquired such qualification shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 8896, Mar. 14, 2008]

Enforcement Ordinance

Article 4 (Grant of Status of Sojourn as Overseas Korean)

(1) To decide whether a foreign national Korean who applied for status of sojourn as overseas Korean under Article 3 of the Act falls under any subparagraph of Article 5 (2) of the Act, the Minister of Justice may request a background investigation and crime record investigation of the applicant to the head of the relevant agency or may seek his or her opinion regarding other necessary matters. In such cases, the head of the relevant agency shall present the investigation result or his or her opinion thereto within 30 days of the request for investigation or opinion.

(2) When a ground exists to suspect that a foreign national Korean who applied for status of sojourn as overseas Korean falls under Article 5 (2) 2 of the Act, the Minister of Justice shall request the consultation pursuant to Article 5 (3) of the Act to the Minister of Foreign Affairs. In such cases, the Minister of Foreign Affairs shall present his or her opinion thereto within 30 days of such request: Provided, That when the Minister of Foreign Affairs presented the opinion pursuant to paragraph (3) in advance, the same shall not apply.

(3) When a foreign national Korean applies for status of sojourn as overseas Korean to diplomatic establishments abroad, the Minister of Foreign Affairs may present his or her opinion on grant of status of sojourn as overseas Korean to the Minister of Justice even in the absence of a request for consultation made by the Minister of Justice pursuant to paragraph (2).

(4) Articles 12 and 23 of the Enforcement Decree of the Immigration Act shall apply mutatis mutandis to the qualification requirements for and activity scope of sojourn as overseas Korean.

Article 6 (Reporting on Place of Residence in Korea)

(1) A foreign nationality Korean who has entered the Republic of Korea with the status of sojourn as overseas Korean may fix a place of residence in the Republic of Korea and report the place of residence to the head of a local immigration office or alien registration office having jurisdiction over the place of residence.

(2) When the place of residence reported under paragraph (1) is changed, such change shall be reported to the head of a Si/Gun/Gu (including a Gu which is not an autonomous Gu; hereafter the same shall apply in this Article and Article 7) or an Eup/Myeon/Dong in which the new residence is located, or the head of a local immigration office or alien registration office having jurisdiction over the place of new residence within 14 days.

(3) Upon receipt of a report on the change of the place of residence under paragraph (2), the head of a local immigration office or alien registration office shall notify the head of a Si/Gun/Gu or an Eup/Myeon/Dong in which the new residence is located and, the head of a Si/Gun/Gu or an Eup/Myeon/Dong, in turn, shall notify the head of a local immigration office or alien registration office having jurisdiction over the place of new residence, respectively.

(4) Items to be stated in the report on the domestic place of residence, accompanying documents, and procedures for filing reports, and other necessary matters shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 8896, Mar. 14, 2008]

Enforcement Ordinance

Article 6 (Definition of Place of Residence in Korea)

“A place of residence” in Article 6 (1) of the Act means a place where a person stays to reside for at least 30 days.

Enforcement Ordinance

Article 7 (Report of Domestic Place of Residence)

(1) When a foreign national Korean intends to report the domestic place of residence pursuant to Article 6 (1) of the Act, he or she shall submit the report of the domestic place of residence, including the following, to the head of an immigration office (hereinafter referred to as the "head of office"), the head of a local immigration office (hereinafter referred to as the "head of local office") or the head of a branch of the immigration office or local immigration office (hereinafter referred to as the "head of branch office") having jurisdiction over the place of residence: Provided, that in cases of failing to report the domestic place of residence, he or she shall file for foreigner registration pursuant to Article 31 of the Immigration Act within 90 days from the date he or she enters the Republic of Korea:

1. Name, gender, and date of birth of a reporter;

2. Address in country of residence;

3. Place of residence in the Republic of Korea;

4. Job;

5. Nationality and the date of acquisition thereof;

6. Passport number and the issuance date thereof;

7. Other matters determined by the Minister of Justice.

(2) When a foreign national Korean who resides in the Republic of Korea with a status of sojourn other than the status of sojourn as overseas Korean was granted permission to change his or her status of sojourn to overseas Korean from the Minister of Justice, he or she may report the domestic place of residence pursuant to paragraph (1).

(3) When a foreign national Korean reports the domestic place of residence pursuant to paragraphs (1) and (2), the head of office, head of local office, or head of branch office may request the confirmation of the fact to the head of the relevant agency to confirm the fact.

(4) The head of the relevant agency requested to confirm the fact pursuant to paragraph (3) shall notify the head of office, head of local office, or head of branch office of the confirmation result within 15 days.

Enforcement Ordinance

Article 9 (Attached Documents for Reporting Domestic Place of Residence)

A foreign national Korean who reports the domestic place of residence under Article 7 (1) shall submit a report of the domestic place of residence by attaching a photo with dimensions of three by four centimeters and the following documents thereto:

1. Copy of passport;

2. Other documents determined and publicly notified by the Minister of Justice in consultation with the relevant Ministry or relevant organization.

[This Article Wholly Amended by Presidential Decree No. 25670, Oct. 28, 2014]

Enforcement Ordinance

Article 10 (Preparation and Management of Registered Record of Report of Domestic Places of Residence)

(1) When a foreign national Korean reports the domestic place of residence under Article 7 (1), the head of office, head of local office, or head of branch office with whom such report is filed shall prepare and provide a registered record of report of domestic places of residence individually and shall prepare a register of domestic places of residence and send it to the head of the Si/Gun/Gu (including the head of an administrative Si under Article 11 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City and the head of a Gu which is not an autonomous Gu; hereinafter referred to as “the head of the Si/Gun/ Gu”) or head of the Eup/Myeon/Dong having jurisdiction over the residence of the foreign national Korean.

(2) The head of office, head of local office, or head of branch office shall state the following in the registered record of report of domestic places of residence and manage it:

1. Matters of various permission or items reported;

2. Matters of change of domestic place of residence;

3. Modified matters stated in a report card of domestic place of residence;

4. Matters of reissuance of a report card of domestic place of residence;

5. Matters of returning a report card of domestic place of residence;

6. Imposition of an administrative fine under the Act and other matters of violating statutes.

(3) When the head of the Si/Gun/Gu or head of the Eup/Myeon/Dong received a register of domestic places of residence pursuant to paragraph (1), he or she shall state the matter reported in a registered record of report of domestic places of residence and provide it individually.

Enforcement Ordinance

Article 11 (Report of Change of Domestic Place of Residence)

(1) Where a person who changes a residence intends to report change of domestic place of residence pursuant to Article 6 (2) of the Act, he or she shall submit a report of change of domestic place of residence to the head of the Si/Gun/Gu or head of the Eup/Myeon/Dong, or the head of office, head of local office, or head of branch office, having jurisdiction over the new residence. This report can be done by data matching using information and communications networks that are designated by Minister of Justice


(2) The head of a Si/Gun/Gu or head of an Eup/Myeon/Dong, or the head of office, head of local office, or head of branch office, to whom a change of domestic place of residence is reported pursuant to paragraph (1), shall state the matters of change of place of residence in the report card of domestic place of residence and issue it to a reporter.

(3) The head of the Si/Gun/Gu or head of the Eup/Myeon/Dong to whom a change of domestic place of residence is reported pursuant to paragraph (1) shall send a copy of the report of change of domestic place of residence to the head of the Si/Gun/Gu or head of the Eup/Myeon/Dong having jurisdiction over the previous residence and shall request him or her to transfer the register of domestic places of residence of the relevant foreign national Korean, and the head of office, head of local office, or head of branch office to whom a change of domestic place of residence was reported shall send a copy of the report of change of domestic place of residence to the head of office, head of local office, or head of branch office having jurisdiction over the previous residence and shall request him or her to transfer the registered record of report of domestic places of residence of the relevant foreign national Korean.

(4) The head of the Si/Gun/Gu or head of the Eup/Myeon/Dong who was notified of the report of change of domestic place of residence pursuant to Article 6 (3) of the Act shall request the head of the Si/Gun/Gu or head of the Eup/Myeon/Dong having jurisdiction over the previous residence to transfer the register of domestic places of residence of the relevant foreign national Korean, and the head of office, head of local office, or head of branch office who was notified of the report shall request the head of office, head of local office, or head of branch office having jurisdiction over the previous residence to transfer the registered record of report of domestic places of residence.

(5) The head of the Si/Gun/Gu or head of the Eup/Myeon/Dong, or the head of office, head of local office, or head of branch office, having jurisdiction over the previous residence, who was requested to transfer the record pursuant to paragraph (3) or (4) shall transfer the register of domestic places of residence or the registered record of report of domestic places of residence, accompanied by relevant documents, to the head of the Si/Gun/Gu or head of the Eup/Myeon/Dong, or the head of office, head of local office, or head of branch office, having jurisdiction over the new residence within three days from the date when he or she was requested.

(6) The head of office, head of local office, or head of branch office having jurisdiction over the new residence who received the registered record of domestic places of residence and related documents pursuant to paragraph (5) shall arrange and manage the registered record of domestic places of residence and the head of the Si/Gun/Gu or head of the Eup/Myeon/Dong who received the register of domestic places of residence and relevant documents shall arrange and manage each of the register of domestic places of residence and the list of reporters of domestic places of residence.

Article 7 (Issuance of Report Cards of Domestic Place of Residence, etc.)

(1) The head of a local immigration office or alien registration office shall grant the report number of the place of residence to a foreign nationality Korean who has reported his/her place of residence under Article 6, and shall issue the report card of the place of residence to the foreign nationality Korean:

(2) The following details shall be stated in the report card of domestic place of residence issued under paragraph (1):

1. Report number of the domestic place of residence;

2. Name;

3. Gender;

4. Date of birth;

5. Nationality;

6. Residing country;

7. Place of residence in the Republic of Korea, etc.

(3) The head of a local immigration office or alien registration office shall prepare and keep the register of reports on the domestic place of residence and other related documents, as prescribed by Presidential Decree.

(4) A person who intends to have his/her report card of domestic place of residence re-issued as he/she has lost or damaged his/her report card of domestic place of residence issued under paragraph (1) or due to other reasons prescribed by Presidential Decree shall apply for re-issuance of the report card to the head of a local immigration office or alien registration office.

(5) The head of a local immigration, alien registration office, or the head of a Si/Gun/Gu or an Eup/Myeon/Dong may issue a certificate to a person who has filed a report on the domestic place of residence under Article 6 or allow such person to peruse such certificate, as prescribed by Ordinance of the Ministry of Justice, attesting that he/she has filed a report on domestic place of residence.

(6) A person who applies for issuance and re-issuance of the report card of domestic place of residence under paragraphs (1) and (4), or issuance of the certificate of the report of domestic place of residence under paragraph (5) shall pay a fee prescribed by Ordinance of the Ministry of Justice.

[This Article Wholly Amended by Act No. 8896, Mar. 14, 2008]

Enforcement Ordinance

Article 12 (Issuance of Report Card of Domestic Place of Residence)

(1) When the head of office, head of local office, or head of branch office with whom a report of place of residence was filed pursuant to Article 7, he or she shall grant the individual report number of the domestic place of residence to an applicant pursuant to Article 7 (1) of the Act and shall stamp a seal of report of domestic place of residence in passport, etc.

(2) When the head of office, head of local office, or head of branch office issues a report card of domestic place of residence pursuant to Article 7 (1) of the Act, he or she shall state such fact in the register of domestic places of residence of foreign national Korean.

(3) Methods of granting the report number of the domestic place of residence shall be prescribed by Ordinance of the Ministry of Justice.

Enforcement Ordinance

Article 13 (Reissuance of Report Card of Domestic Place of Residence)

(1) The head of office, head of local office, or head of branch office may reissue a report card of domestic place of residence to a person who was issued with a report card of domestic place of residence, where any of the following grounds exists:

1. Where a report card of domestic place of residence is lost;

2. Where a report card of domestic place of residence is worn out to use:

3. Where a report card of domestic place of residence lacks the space to write down;

4. Where the name, date of birth, nationality, or country of residence under Article 7 (2) of the Act has changed;

5. Where it is necessary to renew all report cards of domestic place of residence at once for forgery prevention, etc.

(2) A person who intends to have a report card of domestic place of residence reissued pursuant to paragraph (1) shall attach the document explaining the grounds for reissuance and a photo to the reissuance application of report card of domestic place of residence and shall submit it to the head of office, head of local office, or head of branch office. In such cases, where he or she applies for the reissuance on the grounds under subparagraphs 2 through 5 of paragraph (1), he or she shall attach the original report card of place of residence to the application.

(3) When the head of office, head of local office, or head of branch office reissues a report card of domestic place of residence, he or she shall state the necessary matters in the registered record of report of domestic places of residence and shall destroy the report card of domestic place of residence submitted pursuant to the latter part of paragraph (2).

(4) When the head of office, head of local office, or head of branch office reissues a report card of domestic place of residence on the ground referred to in paragraph (1) 4, he or she shall attach a copy of the reissuance application of report card of domestic place of residence and shall notify the head of the Si/Gun/Gu or head of the Eup/Myeon/Dong having jurisdiction over the residence, of such fact.

(5) The head of the Si/Gun/Gu or head of the Eup/Myeon/Dong notified under paragraph (4) shall arrange the register of domestic places of residence and relevant record without delay.

Enforcement Ordinance

Article 14-2 (Management of Duties Using Information and Communications Networks)

The head of a Si/Gun/Gu, head of an Eup/Myeon/Dong, or the head of office, head of local office, or head of branch office may manage duties regarding the issuance of a fact certificate of the report of domestic place of residence under Article 7 (5) of the Act, preparation and management of registered record, etc. of report of domestic places of residence under Article 10, report of change of domestic place of residence under Article 11, notification of reissuance of report card of domestic place of residence under Article 13 (4) and (5), and return, etc. of report card of domestic place of residence under Article 14, by data matching using information and communications networks.

[This Article Newly Inserted by Presidential Decree No. 20321, Oct. 15, 2007]

Enforcement Ordinance

Article 17 (Acquisition and Possession of Real Estates)

Article 5 (1) of the Enforcement Decree of the Act on Report on Real Estate Transactions, Etc. shall apply mutatis mutandis to the procedure for reporting when a foreign national Korean intends to acquire or possess a domestic real estate pursuant to Article 11 (1) of the Act. In such cases, he or she shall attach a copy of the report card of place of domestic residence issued under Article 7 of the Act.

Article 8 (Return of Report Cards of Domestic Place of Residence)

When a foreign nationality Korean no longer need to hold the report card of domestic place of residence, he/she shall return it to the head of a local immigration office or alien registration office within 14 days from the date such reason arises, as prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 8896, Mar. 14, 2008]

Enforcement Ordinance

Article 14 (Return of Report Card of Domestic Place of Residence)

(1) Where any of the following grounds occurs to a foreign national Korean pursuant to Article 8 of the Act, the foreign national Korean shall return his or her report card of place of residence to the head of office, head of local office, or head of branch office having jurisdiction over the residence of the foreign national Korean (referring to the port of departure in cases of subparagraph 4):

1. Where a foreign national Korean becomes a Korean national, the relevant person, his or her spouse or parent, or a person in Article 89 (1) of the Enforcement Decree of the Immigration Act shall return the report card of place of residence within 30 days from the date the relevant person completes the resident registration;

2. Where a foreign national Korean becomes disqualified for sojourn as overseas Korean, the relevant person, his or her spouse or parent, or a person in Article 89 (1) of the Enforcement Decree of the Immigration Act shall return the report card of place of residence within 30 days from the date the relevant person learns the fact that he or she becomes disqualified for sojourn as overseas Korean: Provided, That where the foreign national Korean changes his or her qualification from the qualification for sojourn as overseas Korean to the qualification for sojourn in attached Tables 1 through 1-3 of the Enforcement Decree of the Immigration Act, the foreign national Korean shall return it when he or she obtains permission to change the relevant qualification for sojourn;

3. Where a foreign national Korean dies in Korea, his or her spouse or parent, or a person in Article 89 (1) of the Enforcement Decree of the Immigration Act shall return his or her report card of place of residence, accompanied by a diagnostic certificate, death certificate, or other document verifying the fact of death, within 30 days from the date his or her spouse or parent, or the person in Article 89 (1) of the Enforcement Decree of the Immigration Act learns the death of the foreign national Korean;

4. Where a foreign national Korean departs from Korea within the period of sojourn as overseas Korean without any intention to re-enter Korea, the relevant foreign national Korean shall return it at departure.

(2) Deleted.

(3) When the report card of domestic place of residence is returned to the head of office, head of local office, or head of branch office having jurisdiction over a port of departure pursuant to paragraph (1) 4, he or she shall notify such fact to the head of office, head of local office, or head of branch office having jurisdiction over the residence, without delay.

(4) When a foreign national Korean who reported the domestic place of residence, falls under any of the following, the head of office, head of local office, or head of branch office having jurisdiction over the residence, shall arrange the registered record of report of domestic places of residence, without delay, and shall notify it to the head of the Si/Gun/Gu or head of the Eup/Myeon/Dong having jurisdiction over the residence of the foreign national Korean:

1. Where a foreign national Korean returns the report card of domestic place of residence on the grounds falling under any subparagraph of paragraph (1);

2. Where the fact falling under any subparagraph of paragraph (1) is verified;

3. Where the head of office, head of local office, or head of branch office having jurisdiction over the residence was notified pursuant to paragraph (3), from the head of office, head of local office, or head of branch office having jurisdiction over the port of departure, that the report card of domestic place of residence was returned.

(5) The head of the Si/Gun/Gu or head of the Eup/Myeon/Dong notified under paragraph (4) shall, without delay, state the fact of notification in the register of domestic places of residence.

(6) Where the report card of domestic place of residence is returned to the head of office, head of local office, or head of branch office pursuant to Article 8 of the Act, he or she shall destroy the report card of domestic place of residence, following the procedure under paragraphs (3) and (4).

Article 9 (Relations with Resident Registration, etc.)

Where a resident registration card, a certified copy and abstract of resident registration, a alien registration card, or a fact certificate of alien registration is required for various kinds of procedures and business relations, etc. prescribed in statutes, a report card of domestic place of residence or a fact certificate of report of domestic place of residence may substitute for each of them.

[This Article Wholly Amended by Act No. 8896, Mar. 14, 2008]

Enforcement Ordinance

Article 15 (Relationship to Resident Registration)

The purport that a report card of domestic place of residence may substitute a resident registration certificate or an alien registration card under Article 9 of the Act shall be stated in the report card of domestic place of residence.

Article 10 (Immigration and Sojourn)

(1) The period of sojourn under the status of sojourn as overseas Korean shall be up to three years at the longest.

(2) The Minister of Justice may grant permit for extension of the period of sojourn to a foreign nationality Korean who is going to stay continuously in the Republic of Korea exceeding the period of sojourn under paragraph (1) as prescribed by Presidential Decree: Provided, That where there is any reason falling under any subparagraph of Article 5 (2), the same shall not apply.

(3) Where a foreign nationality Korean who has reported the domestic place of residence departs from and reenters the Republic of Korea within the period of sojourn, reentry permit under Article 30 of the Immigration Act shall not be required.

(4) A foreign nationality Korean who has reported the place of residence in the Republic of Korea or the change of such place of residence shall be deemed to have completed the alien registration under Article 31 of the Immigration Act and the report on change of the place of sojourn under Article 36 of the same Act.

(5) Employment and other economic activities of a foreign nationality Korean who has been granted the status of sojourn as overseas Korean shall be freely permitted to the extent that he/she does not impair social order or economic stability.

[This Article Wholly Amended by Act No. 8896, Mar. 14, 2008]

Enforcement Ordinance

Article 16 (Extension of Period of Sojourn)

(1) When a foreign national Korean who applies for the extension of the period of sojourn pursuant to Article 10 (2) of the Act, falls under any of the following, the Minister of Justice need not permit it: Provided, That in cases falling under subparagraph 1, he or she shall not permit it:

1. When he or she falls under Article 5 (2) of the Act;

2. When he or she violates the Act or the Immigration Act(except when he or she has only 1 time of administrative fines and paid them fully;

3. When he or she was sentenced to imprisonment without labor or greater punishment;

4. Other cases where the Minister of Justice gives public notice in consultation with the relevant Ministry or relevant organization.

(2) The standard for permission for extension of the period of sojourn under paragraph (1) shall be determined by the Minister of Justice in consultation with relevant Ministry or relevant organization.

(3) Articles 31, 33, and 34 of the Enforcement Decree of the Immigration Act shall apply mutatis mutandis to the procedure for granting permission for extension of the period of sojourn for foreign national Koreans.

Article 11 (Real Estate Transactions, etc.)

(1) A foreign nationality Korean who has reported the domestic place of residence shall have equal rights with a Korean national in the acquisition, possession, utilization, and disposal of real estate in the Republic of Korea other than the cases under Article 9 (1) 1 of the Act on Report on Real Estate Transactions, Etc.: Provided, That such activities shall be reported under Article 3 (1) and Article 8 of the Act on Report on Real Estate Transactions, Etc.

(2) Where a foreign nationality Korean who has reported the domestic place of residence either registers the real right concerning real estate in the real name, which is registered or will be registered in the name of title trustee under the title trustee agreement prior to enforcement of the Act on the Registration of Real Estate under Actual Titleholder's Name, or disposes of it by sale, etc. pursuant to Article 11 (1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder's Name within one year after the enforcement of this Act, Article 12 (1) and (2) of the same Act shall not apply.

[This Article Wholly Amended by Act No. 8896, Mar. 14, 2008]

Enforcement Ordinance

Article 17 (Acquisition and Possession of Real Estates)

Article 5 (1) of the Enforcement Decree of the Act on Report on Real Estate Transactions, Etc. shall apply mutatis mutandis to the procedure for reporting when a foreign national Korean intends to acquire or possess a domestic real estate pursuant to Article 11 (1) of the Act. In such cases, he or she shall attach a copy of the report card of place of domestic residence issued under Article 7 of the Act.

Article 12 (Financial Transactions)

A Korean national residing abroad who has completed resident registration and a foreign nationality Korean who has reported the domestic place of residence shall enjoy equal rights with a national of the Republic of Korea who is a resident under the Foreign Exchange Transactions Act when using domestic financial institution, such as opening a deposit account or installment savings account, application of interest rates, and making deposits and withdrawals: Provided, That the same shall not apply to reporting on capital transactions, etc. under Article 18 of the Foreign Exchange Transactions Act.

[This Article Wholly Amended by Act No. 8896, Mar. 14, 2008]

Article 13 (Foreign Exchange Transactions)

Where a Korean national residing abroad exports payment means falling under any of the following subparagraphs or pays abroad, the Korean national residing abroad shall be equally treated with a foreign nationality Korean in the application of Articles 15 and 17 of the Foreign Exchange Transactions Act:

1. Proceeds from sale or disposal of the real estate in cases of the disposal by sale or by expropriation of the real estate in the Republic of Korea which has been possessed by a Korean national residing abroad before residing abroad;

2. Payment means imported or paid from abroad into the Republic of Korea.

[This Article Wholly Amended by Act No. 8896, Mar. 14, 2008]

Article 14 (Health Insurance)

Where a Korean national residing abroad who has completed resident registration and a foreign nationality Korean who has reported the domestic place of residence stays in the Republic of Korea for at least 90 days, he/she may seek the benefit of health insurance, as prescribed by health insurance-related statutes.

[This Article Wholly Amended by Act No. 8896, Mar. 14, 2008]

Article 15 Deleted <2000. 12. 30.>

Article 15 Deleted.

Article 16 (Patriots and Veterans Benefit to Persons of Distinguished Services to State, Persons of Distinguished Services to Independence and Their Bereaved Family)

A foreign nationality Korean shall be entitled to receive the patriots and veterans benefit under the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State or the Act on the Honorable Treatment of Persons of Distinguished Service to Independence.

[This Article Wholly Amended by Act No. 8896, Mar. 14, 2008]

Article 17 (Administrative Fines)

(1) Any person who fails to report on the change of his/her domestic place of residence, in violation of Article 6 (2), shall be subject to an administrative fine not exceeding two million.

(2) Any person who fails to return his/her report card of domestic place of residence, in violation of Article 8, shall be subject to an administrative fine not exceeding one million.

(3) Administrative fines referred to in paragraph (1) or (2) shall be imposed and collected by the head of a local immigration office or alien registration office, as prescribed by Presidential Decree.

(4) through (6) Deleted.

[This Article Wholly Amended by Act No. 8896, Mar 14, 2008]

Enforcement Ordinance

Article 18 (Guidelines for Imposition of Administrative Fines)

The guidelines for imposition of administrative fines under Article 17 (1) and (2) of the Act shall be specified in the attached Table.

[This Article Wholly Amended by Presidential Decree No. 28245, Aug. 16, 2017]

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

    • 맨앞으로
    • 앞으로
    • 다음
    • 맨뒤로