CHAPTER I GENERAL PROVISIONS
- Article 1 (Purpose)
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The purpose of this Act is to prescribe basic matters relating to the treatment, etc. of foreigners residing in the Republic of Korea to help them adjust to Korean society to make full use of their abilities and to create a social environment in which Korean nationals and foreigners in Korea understand and respect one another, thereby contributing to the development and social integration of the Republic of Korea.
Enforcement Ordinance
- Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Framework Act on Treatment of Foreigners Residing in the Republic of Korea and matters necessary for the enforcement thereof.
- Article 2 (Definitions)
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The terms used in this Act are defined as follows:
1. The term "foreigners in Korea" means those who do not possess the nationality of the Republic of Korea and who legally stay in Korea for the purpose of residing in Korea;
2. The term "treatment of foreigners in Korea" means the treatment of foreigners in Korea by the State and local governments according to their legal status;
3. The term "immigrant through marriage" means any foreigner in Korea who had or has a marital relationship with a Korean national.
- Article 3 (Responsibilities of the State and Local Governments)
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The State and local governments shall endeavor to establish and implement policies for the treatment, etc. of foreigners in Korea with the aim of achieving the purposes of Article 1.
- Article 4 (Relationship to Other Statutes)
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In enacting or amending other statutes related to the treatment, etc. of foreigners in Korea, the State shall adhere to the purposes of this Act.
CHAPTER II ESTABLISHMENT AND IMPLEMENTATION OF POLICIES FOR FOREIGNERS
- Article 5 (Basic Plans for Policies on Foreigners)
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(1) The Minister of Justice shall develop a basic plan for policies on foreigners (hereinafter referred to as "basic plan") every five years in consultation with the heads of relevant central administrative agencies.
(2) Basic plans shall contain the following matters:
1. Basic objectives and direction of implementation of policies on foreigners;
2. Tasks, methods and periods for prospective policies on foreigners;
3. Scale of necessary funds and financing plans;
4. Other matters deemed necessary to establish policies on foreigners.
(3) The Minister of Justice shall finalize basic plans developed pursuant to paragraph (1) subject to deliberation by the Foreigners' Policy Committee provided for in Article 8.
(4) Necessary matters relating to the procedures, etc. for the establishment of basic plans shall be prescribed by Presidential Decree.
(5) The Minister of Justice shall take into consideration the principle of reciprocity when establishing basic plans.
Enforcement Ordinance
- Article 2 (Formulation of Basic Plans for Policies on Foreigners)
(1) The Minister of Justice shall decide in advance guidelines on formulating basic plans for policies on foreigners (hereinafter refer to as "basic plan") and inform such guidelines to the heads of relevant central administrative agencies, in order to effectively formulate basic plans under Article 5 (1) of the Framework Act on Treatment of Foreigners Residing in the Republic of Korea (hereinafter referred to as the "Act").
(2) The heads of relevant central administrative agencies shall prepare their draft basic plans under their jurisdictions in accordance with the guidelines on formulating basic plans under paragraph (1) and submit such draft basic plans to the Minister of Justice, and the Minister of Justice shall compile such draft basic plans submitted and formulate a basic plan specified in Article 5 (1) of the Act.
(3) When a basic plan is finalized under Article 5 (3) of the Act, the Minister of Justice shall inform it to the heads of relevant central administrative agencies and local governments.
Enforcement Ordinance
- Article 3 (Amendments to Basic Plans)
(1) If the head of a relevant central administrative agency intends to make amendments under his/her jurisdiction to a finalized basic plan, he/she shall prepare an amended version of the basic plan and submit it to the Minister of Justice.
(2) Considering an amended version of the basic plan under paragraph (1), the Minister of Justice shall amend and finalize the basic plan under Article 5 (3) of the Act.
- Article 6 (Annual Implementation Plans)
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(1) The heads of relevant central administrative agencies shall establish and implement annual implementation plans within their respective jurisdictions in accordance with its basic plan.
(2) With regard to the business matters delegated by the heads of central administrative agencies according to statutes or regulations, the heads of local governments shall establish and implement their own annual implementation plans in accordance with the implementation plans established by the heads of the relevant central administrative agencies.
(3) When any implementation plans of a local government established pursuant to paragraph (2) is not in consistent with basic plans and implementation plans of relevant central administrative agencies, the heads of the relevant central administrative agencies may request the head of a local government concerned to make alterations thereto and may examine whether the outcomes of implementation plans established by the local government concerned conform to basic plans and implementation plans of the relevant central administrative agencies.
(4) The heads of relevant central administrative agencies shall submit to the Minister of Justice their implementation plans for the subsequent and the past year's implementation outcomes and the results of evaluation thereof for their respective jurisdictions, and the Minister of Justice shall compile them and place them on the agenda for the Foreigners' Policy Committee provided for in Article 8.
(5) Other necessary matters relating to the establishment, implementation, evaluation, etc. of the implementation plans shall be prescribed by Presidential Decree.
Enforcement Ordinance
- Article 4 (Formulation of Annual Implementation Plans)
(1) The Minister of Justice shall decide guidelines on formulating annual implementation plans (hereinafter referred to as "implementation plan") specified in Article 6 (1) and (2) of the Act and inform such guidelines to the heads of relevant central administrative agencies and local governments by the end of July every year, in order to effectively formulate implementation plans.
(2) The heads of relevant central administrative agencies shall formulate their annual implementation plans under their jurisdiction for the next year in accordance with the guidelines on formulating implementation plans under paragraph (1), and inform such plans to the heads of local governments.
(3) The heads of relevant central administrative agencies shall compile implementation plans formulated by the heads of local governments under Article 6 (2) of the Act, to the annual implementation plan for the next year, and submit it under their jurisdiction to the Minister of Justice by the end of October every year, pursuant to Article 6 (4) of the Act.
(4) After an implementation plan submitted to the Minister of Justice under paragraph (3) is reviewed and coordinated by the Foreigner Policy Committee specified in Article 8 of the Act (hereinafter referred to as the "Committee"), the Minister of Justice shall inform the heads of relevant central administrative agencies and local governments of the results thereof.
Enforcement Ordinance
- Article 5 (Implementation Performance and Results of Evaluation of Implementation Plans)
(1) The Minister of Justice shall in advance decide guidelines on preparing implementation performance and results of evaluation and inform the heads of relevant central administrative agencies and local governments of such guidelines, in order to effectively prepare the implementation performance and results of evaluation for the previous year under Article 6 (4) and (5) of the Act.
(2) The heads of local governments shall prepare their implementation performance and results of evaluation for the previous year, according to the guidelines on preparing implementation performance and results of evaluation under paragraph (1), and submit such to the heads of relevant central administrative agencies by the end of January every year.
(3) The heads of relevant central administrative agencies shall compile the implementation performance and results of evaluation for the previous year submitted by the heads of local governments under paragraph (2) to the implementation performance and results of evaluation for the previous year and submit it under their jurisdiction to the Minister of Justice by the end of February every year, pursuant to Article 6 (4) of the Act.
(4) The Minister of Justice shall compile the implementation performance and results of evaluation for the previous year submitted under paragraph (3), send the results to the Committee for review and coordination, and inform the heads of relevant central administrative agencies and local governments of the results of such review and coordination.
(5) The heads of relevant central administrative agencies and local governments shall reflect the results informed under paragraph (4) to the formulation and implementation of their annual implementation plans under their jurisdiction for the next year.
(6) The Minister of Justice may compile and examine the implementation status of implementation plans by quarter, and take necessary measures for the heads of relevant central administrative agencies and local governments to share the results of examination.
- Article 7 (Cooperation in Work)
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(1) When it is necessary to establish, implement and evaluate basic plans and implementation plans thereof, the Minister of Justice may request the heads of state agencies, local governments and such public organizations determined by Presidential Decree (hereinafter referred to as "heads of public institutions") to provide necessary cooperation, including submission of related materials.
(2) When it is necessary to establish, implement and evaluate implementation plans for the work under their jurisdiction, the heads of central administrative agencies and local governments may request the heads of public institutions concerned to provide necessary cooperation, including submission of related materials.
Enforcement Ordinance
- Article 6 (Cooperation in Work)
"Heads of public organizations determined by Presidential Decree" in Article 7 (1) of the Act means the heads of the following agencies or organizations:
1. Schools of each level established under the Early Childhood Education Act, the Elementary and Secondary Education Act, the Higher Education Act, or other Acts;
2. Public corporations, quasi-governmental institutions, and other public institutions designated and publicly notified under the Act on the Management of Public Institutions;
3. Local government-invested public corporations and local government public corporations established under the Local Public Enterprises Act;
4. Special corporations established under special Acts;
5. Social welfare foundations and non-profit corporations implementing social welfare programs, which receive grants from the State or local governments under Article 42 (1) of the Social Welfare Services Act.
- Article 8 (Foreigners' Policy Committee)
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(1) The Foreigners' Policy Committee (hereinafter referred to as the "Committee") shall be established under the Prime Minister to deliberate and coordinate major matters concerning policies on foreigners.
(2) The Committee shall deliberate upon and coordinate the following matters:
1. Matters relating to the establishment of basic plans for policies on foreigners pursuant to Article 5;
2. Matters relating to the establishment of implementation plans for policies on foreigners and the implementation outcomes and the results of evaluation thereof pursuant to Article 6;
3. Major matters relating to adjustment to society pursuant to Article 15;
4. Other important matters relating to policies on foreigners.
(3) The Committee shall be comprised of not more than 30 members, including one Chairperson. The Prime Minister shall assume the position of the Chairperson thereof, and the members thereof shall be the following persons:
1. The heads of the central administrative agencies determined by Presidential Decree;
2. Persons commissioned by the Chairperson from among those with much knowledge and experience with policies on foreigners.
(4) The Foreigners' Policy Working Committee (hereinafter referred to as the "Working Committee") shall be established within the Committee to deal with matters to be presented to the Committee and delegated by the Committee.
(5) Necessary matters relating to the organization and management of the Committee and the Working Committee, except those provided for in paragraphs (1) through (4), shall be prescribed by Presidential Decree.
Enforcement Ordinance
- Article 7 (Organization and Operation of Committee)
(1) “Heads of central administrative agencies determined by Presidential Decree" in Article 8 (3) 1 of the Act means the Minister of Strategy and Finance; Minister of Education; Minister of Science and ICT; Minister of Foreign Affairs; Minister of Justice; Minister of the Interior and Safety; Minster of Culture, Sports and Tourism; Minister of Agriculture, Food and Rural Affairs; Minister of Trade, Industry and Energy; Minister of Health and Welfare; Minister of Employment and Labor; Minister of Gender Equality and Family; Minister of Land, Infrastructure and Transport; Minster of Oceans and Fisheries; Minister of SMEs and Startups; and other heads of central administrative agencies that the chairperson of the Committee (hereinafter referred to as "Chairperson") deems necessary through resolution by the Committee.
(2) The Chairperson may appoint up to nine members pursuant to Article 8 (3) 2 of the Act.
(3) The term of office of members appointed under paragraph (2) shall be three years.
(4) The Chairperson may invite the heads of administrative agencies (including the Director of the National Intelligence Service and the Minister of the Prime Minister's Office), the heads of local governments, and the heads of agencies or organizations specified under Article 6, who are relevant to the pending issues of deliberation, to a meeting, if he/she deems necessary.
Enforcement Ordinance
- Article 7-2 (Dismissal of Committee Members
Where a member appointed under Article 7 (2) falls under any of the following, the Chairperson may dismiss the relevant member:
1. Where he/she becomes unable to perform his/her duties due to mental disabilities;
2. Where he/she engages in any misconduct in connection with his/her duties;
3. Where he/she is deemed unsuitable as a member due to neglect of his/her duties, injury to dignity or on other grounds;
4. Where he/she personally expresses that it is impracticable to perform his/her duties.
[This Article Newly Inserted by Presidential Decree No. 27129, May 10, 2016]
Enforcement Ordinance
- Article 8 (Chairperson)
(1) The Chairperson shall represent the Committee and be in charge of the overall management of the Committee.
(2) The Minister of Justice shall act on the Chairperson’s behalf when the Chairperson is unable to conduct any of his/her duties due to unavoidable causes.
Enforcement Ordinance
- Article 9 (Meetings of Committee)
1) The Chairperson shall convene and chair meetings of the Committee.
(2) To convene a meeting, the Chairperson shall notify members and participants of a meeting pursuant to Article 7 (4), on the date, time, venue, and pending issues for deliberation, in writing, at least five days before the meeting: Provided, That the same shall not apply where the meeting shall be convened in an emergency or other inevitable circumstance exist.
(3) The quorum for opening a meeting shall be a majority of all incumbent members, and the quorum for passing a resolution shall be a majority of those present in the meeting.
Enforcement Ordinance
- Article 10 (Secretary)
The Committee shall have one secretary to manage its affairs, and the secretary shall be the Commissioner of the Korea Immigration Service within the Ministry of Justice.
Enforcement Ordinance
- Article 11 (Composition and Operation of Working Committee)
(1) The Foreigner Policy Working Committee (hereinafter referred to as "Working Committee") provided for in Article 8 (4) of the Act shall be comprised of up to 30 members, including one chairperson, and the chairperson shall be the Vice Minister of Justice, and the other committee members shall be those falling under one of the followings:
1. Public officials in the Senior Civil Service of administrative agencies to which the heads of central administrative agencies specified in Article 7 (1), the Director of the National Intelligence Service, and the Minister of the Office for Government Policy Coordination belong, or other designated public officials of Grade 1 to Grade 3 who are not in the Senior Civil Service;
2. Persons appointed by the chairperson of the Working Committee, from among persons who have abundant expertise and experience in foreigner policy.
(2) The chairperson of the Working Committee may invite persons designated by the heads of administrative agencies, the heads of local governments, or the heads of agencies or organizations specified under Article 6, who are relevant to the pending issues of the Working Committee, to a meeting of the Working Committee, if he/she deems necessary.
(3) The Working Committee shall establish subcommittees by sector for research, review, or consultation regarding any of the following:
1. Among pending issues, matters the Working Committee acknowledges consultation on which is necessary as members have differences of opinion thereon;
2. Among implementation performance and results of evaluation under Article 5, matters regarding pending issues which shall be handled by the Working Committee;
3. Other matters to which the Working Committee gives mandate.
Enforcement Ordinance
- Article 11-2 (Dismissal of Working Committee Members)
Article 7-2 shall apply mutatis mutandis to dismissal of members of the Working Committee (limited to members appointed under Article 11 (1) 2). In this case, "Chairperson" shall be deemed "Chairperson of the Working Committee."
[This Article Newly Inserted by Presidential Decree No. 27129, May 10, 2016]
Enforcement Ordinance
- Article 12 (Allowances, etc.)
Members who attend the meetings of the Committee, Working Committee, or subcommittee may be paid allowances, travel expenses, and other costs, within budgetary limits: Provided, That the same shall not apply when public officials attend the meeting to address the issue directly related to his/her duty.
- Article 9 (Research and Implementation of Policies)
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(1) The Minister of Justice shall perform the following works to efficiently establish basic plans and implementation plans, evaluate the outcomes thereof, organize, and manage the Committee and the Working Committee, etc.:
1. Fact-finding surveys on foreigners in Korea, illegal immigrants and naturalized persons under Article 15;
2. Research on matters necessary for the establishment of basic plans;
3. Pre-research on the matters that are to be placed on the agenda for the Committee and the Working Committee;
4. Management of materials and statistics concerning policies on foreigners, and the performance of the work of the Committee and the Working Committee;
5. Research on the measures for social adjustment and the use thereof pursuant to Article 15, and the implementation of policies therefor;
6. Research on matters deemed necessary for the establishment, etc. of policies on foreigners, and the implementation of policies therefor.
(2) Matters necessary to efficiently deal with the work provided for in subparagraphs of paragraph (1) shall be prescribed by Presidential Decree.
Enforcement Ordinance
- Article 14 (Outsourcing Policy Research, etc.)
The Minister of Justice may outsource status surveys or research to research institutes, colleges, or other agencies or organizations deemed necessary, for the effective fulfillment of duties specified in each subparagraph of Article 9 (1) of the Act.
CHAPTER III TREATMENT OF FOREIGNERS IN KOREA
- Article 10 (Safeguarding Human Rights of Foreigners in Korea)
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The State and local governments shall endeavor to take necessary measures, such as the conduct of education and publicity activities, to prevent unreasonable discrimination against foreigners in Korea and their children and to safeguard their human rights.
- Article 11 (Support for Social Adjustment of Foreigners in Korea)
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The State and local governments may provide foreigners in Korea with education, information and counselling services with respect to basic common knowledge necessary to live in the Republic of Korea.
- Article 12 (Treatment of Immigrants through Marriage and Their Children)
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(1) The State and local governments may assist immigrants through marriage and their children in quickly adjusting to the Korean society by providing them with education on Korean language, education on Korean institutions and culture, support for child care and education, medical services, etc.
(2) The provisions of paragraph (1) shall apply mutatis mutandis to foreigners in Korea who raise children born in a de facto marital relationship with Korean nationals and their children.
(3) The State and local governments may have immigrants through marriage and their children referred to in paragraph (1) and foreigners in Korea and their children referred to in paragraph (2) undergo health examination.
- Article 13 (Treatment of Persons with Permanent Residency)
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(1) The State and local governments may guarantee foreigners who have the legal status to permanently reside in the Republic of Korea (hereinafter referred to as "permanent residents") the entry, stay, economic activities, etc. in Korea to the extent that security, social order, public welfare and other interests of the Republic of Korea are not undermined.
(2) The provisions of Article 12 (1) shall apply mutatis mutandis to permanent residents.
- Article 14 (Treatment of Refugees)
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(1) If a refugee recognized under the Refugee Act wishes to reside in the Republic of Korea, the Sate may provide necessary support to such refugee by applying mutatis mutandis Article 12 (1).
(2) If a foreigner in Korea who is recognized as a refugee is to depart from the Republic of Korea with the aim of residing in a foreign country, the State may provide him or her with information necessary for departure, consultation, and other necessary support.
- Article 14-2 (Treatment of Special Contributors)
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(1) Article 14, and Articles 31 through 36 and 38 of the Refugee Act shall apply mutatis mutandis to the treatment of foreigners and their accompanying family members who reside in the Republic of Korea if they are deemed to make special contribution to the Republic of Korea or to the enhancement of the public interest and therefor support for their settlement in the country is deemed necessary by the Minister of Justice (hereinafter referred to as "special contributor etc.").
(2) The State and a local government may provide special contributors, etc. with the following support:
1. Financial support for initial settlement, and other necessary support for everyday life;
2. Provision of information on employment, job placement, and other necessary support for employment.
[This Article Newly Inserted on Jan. 25, 2022]
- Article 15 (Social Adjustment after Acquiring Nationality)
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If a foreigner in Korea acquires the nationality of the Republic of Korea, he or she may benefit from the measures and policies provided for in Article 12 (1) for three years from the day of acquisition of such nationality.
- Article 16 (Improvement of Treatment of Skilled Foreign Workers)
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To advance the attraction of foreign workers who have specialized knowledge, technology or skills, the State and local governments shall endeavor to form institutions and policies needed for improvement of their legal status and treatment.
- Article 17 (Treatment of Persons Who Formerly Held Korean Nationality)
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The State and local governments may guarantee those who formerly held the nationality of the Republic of Korea or their lineal descendants (excluding those who possess the nationality of the Republic of Korea), as prescribed by Presidential Decree, the entry, stay, economic activities, etc. in Korea to the extent that security, social order, public welfare and other interests of the Republic of Korea are not undermined.
Enforcement Ordinance
CHAPTER IV CREATING SOCIETY WHERE KOREANS AND FOREIGNERS IN KOREA LIVE IN HARMONY
- Article 18 (Enhancement of Understanding about Cultural Diversity)
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The State and local governments shall endeavor to take measures such as education, publicity, and correction of unreasonable institutions, etc. to ensure that Koreans and foreigners in Korea understand and respect each other's history, culture and institutions.
- Article 19 (Together Day)
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(1) In order to create a society where Koreans and foreigners in Korea respect each other's culture and traditions, and live in harmony, May 20 shall be designated as 'Together Day', and a period of one week beginning with Together Day as Together Week.
(2) Necessary matters concerning Together Day event may be separately determined by the Minister of Justice, the Special Metropolitan City Mayor, a Metropolitan City Mayor, Do Governor or Special Self-Governing Province Governor.
CHAPTER V SUPPLEMENTARY PROVISIONS
CHAPTER V SUPPLEMENTARY PROVISIONS
- Article 20 (Civil Service and Consultation for Foreigners)
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(1) The heads of public institutions may appoint officials to take exclusive charge of informing foreigners in Korea of civil service procedures and require the officials to complete required training courses.
(2) The State may install and manage an integrated information center for foreigners to provide foreigners in Korea and other persons determined by Presidential Decree with information and consultation in foreign languages via telephone or electronic communications networks.
Enforcement Ordinance
- Article 16 (Civil Service and Consultation for Foreigners)
"Persons determined by Presidential Decree" in Article 20 (2) of the Act means foreigners who reside in the Republic of Korea.
- Article 21 (Cooperation with Private Sector)
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The State and local governments may entrust nonprofit corporations or nonprofit organizations with part of their work regarding policies on foreigners and provide them with part of funds required for the performance of the entrusted work and other necessary supports.
- Article 22 (Facilitation of International Exchange)
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The State and local governments shall endeavor to facilitate international exchange by participating in international organizations or conferences regarding policies on foreigners and implementing international cooperation work, such as information exchange, and joint surveys and research.
- Article 22-2 (Immigration Policy Research Institute)
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① Immigration Policy Research Institute (hereinafter referred to as “Immigration Policy Research Institute”) in order to promote the implementation of the “Agreement on the Establishment and Operation of the International Migration Agency Immigration Policy Research Institute” between the Korean government and the International Migration Agency and to promote research and research necessary for the establishment of professional and systematic immigration policies. Research Institute”) is established.
② The Institute shall be a corporation.
③ The Research Institute shall carry out the following projects.
1. Investigation, research, consultation, and information exchange on immigration policies and legislation in each country around the world
2. Cultivating immigration policy experts
3. International exchange and cooperation related to immigration policy and holding and supporting international conferences
4. Support for conferences and academic activities related to immigration policy
5. Publication and dissemination of publications such as academic materials, periodicals, and reports related to immigration policy
6. Other projects necessary to achieve the purpose of establishment of the institute
④ The research institute appoints executives and necessary staff as prescribed by the articles of incorporation.
⑤ Regarding the research institute, the provisions regarding foundations in the 「Civil Act」 shall apply mutatis mutandis except as provided for in this Act.
⑥ The state may support expenses necessary for the operation of the research institute within budgetary limits.
[This article is newly established on April 18, 2023]
[Enforcement date: July 19, 2023] Article 22-2
- Article 23 (Announcement and Delivery of Policies)
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(1) The State and local governments may announce the basic plan, the implementation plans thereof, etc. established to perform policies on foreigners: Provided, That this shall not apply to matters which the Committee or the Working Committee opts not to promulgate in consideration of national interests, such as national security, social order, public welfare, diplomatic relations, or to matters which may violate privacy.
(2) The State and local governments shall endeavor to ensure that all Koreans and foreigners in Korea easily understand and utilize basic plans, implementation plans thereof, etc. regarding policies on foreigners promulgated in accordance with paragraph (1).
