Immigration Act - Generic

(1) If a person granted refugee status under the Refugee Act intends to depart from the Republic of Korea, the Minister of Justice shall issue, upon his or her application, a refugee travel document to the person, as prescribed by Presidential Decree: Provided, That this shall not apply where his or her departure is deemed to pose a threat to the security of the Republic of Korea. <Amended on Feb. 10, 2012>

(2) A refugee travel document issued under paragraph (1) shall be valid for a period of three years. <Amended on Mar. 29, 2016>

(3) A person who holds a refugee travel document issued under paragraph (1) may enter or depart from the Republic of Korea during the effective period of such document, without any limitation on the number of times. In such cases, the person need not obtain reentry permission under Article 30 at the time of entry into the Republic of Korea. <Amended on Mar. 29, 2016>

(4) If deemed particularly necessary in cases falling under paragraph (3), the Minister of Justice may limit the period of reentry to a minimum of three months or up to one year.

(5) If a person who has departed from the Republic of Korea with a refugee travel document issued under paragraph (1) is unable to reenter the Republic of Korea within the effective period of such document due to a disease or other extenuating circumstances, the Minister of Justice may, upon his or her application, grant an extension of the effective period by up to six months.

(6) The Minister of Justice may delegate the authority to grant extensions of the effective period under paragraph (5) to the heads of overseas diplomatic missions, as prescribed by Presidential Decree.

[This Article Wholly Amended on May 14, 2010]

(1) The Minister of Justice may prohibit an alien from entering the Republic of Korea if the alien is: <Amended by Act No. 12960, Jan. 6, 2015>

1. A patient with an infectious disease, an addict to narcotics, or a person deemed likely to pose a threat to public health;

2. A person who intends to enter the Republic of Korea unlawfully, carrying a firearm, knife, sword, explosives, etc. specified in the Act on the Safety Management of Firearms, Knives, Swords, Explosives, Etc.;

3. A person deemed highly likely to engage in any conduct harming the interests or public security of the Republic of Korea;

4. A person deemed highly likely to engage in any conduct disturbing economic or social order or good morals;

5. A mentally disabled person who is void of a capacity of discriminating sense and has no person to assist his/her stay in the Republic of Korea, a person who cannot afford expenses incurred in relation to his/her stay in the Republic of Korea, and a person in need of relief;

6. A person for whom five years have not elapsed after departure from the Republic of Korea under a deportation order;

7. A person who took part in the slaughter or cruel treatment of people on the grounds of race, ethnicity, religion, nationality, political opinion, etc. under an instruction from, or in liaison with, any of the following governments during the period from August 29, 1910 to August 15, 1945:

(a) The Japanese government;

(b) Any government in alliance with the Japanese government;

(c) Any government on which the Japanese government exercised predominant influence;

8. A person equivalent to those referred to in subparagraphs 1 through 7 whose entry into the Republic of Korea is deemed inappropriate by the Minister of Justice.

(2) If the home country of an alien who intends to enter the Republic of Korea refuses the entry of a Korean national for any reason, other than those referred to in the subparagraphs of paragraph (1), the Minister of Justice may refuse the entry of such alien for the same reason.

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

(1) If there are reasonable grounds to suspect that an alien falls under any subparagraph of Article 46 (1) and the alien has fled or might flee, an immigration control official may detain the alien upon obtaining a detention order issued by the head of the Regional Immigration Service. <Amended by Act No. 12421, Mar. 18, 2014>

(2) An application for a detention order filed by an immigration control official under paragraph (1) shall be accompanied by materials attesting the necessity for detention.

(3) If there are reasonable grounds to suspect that an alien falls under any subparagraph of Article 46 (1) and the alien has fled or might flee, leaving insufficient time for the head of the Regional Immigration Service to issue a detention order, an immigration control official may detain such alien for emergency reasons after informing the head of the Regional Immigration Service of the ground therefor. <Amended by Act No. 12421, Mar. 18, 2014>

(4) If an immigration control official has detained an alien for emergency reasons under paragraph (3), he/she shall immediately prepare an emergency detention note and produce it to the alien in question.

(5) If an immigration control official has detained an alien under paragraph (3), he/she shall obtain a detention order within 48 hours and produce it to the alien in question, and the official shall immediately release the alien from detention when failing to obtain such a detention order.

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

(1) A period for which an alien can be detained under Article 51 to examine and decide on whether the alien is subject to deportation, shall not exceed ten days: Provided, That the period may be extended only once, by up to ten days with permission from the head of the competent Regional Immigration Service in extenuating circumstances. <Amended by Act No. 12421, Mar. 18, 2014>

(2) Places to detain an alien shall be an immigration detention unit, immigration detention center or any other place designated by the Minister of Justice (hereinafter referred to as "detention facility").

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

(1) A person detained under a detention order, or his/her legal representative, etc., may file an objection to his/her detention with the Minister of Justice via the head of the competent Regional Immigration Service. <Amended by Act No. 12421, Mar. 18, 2014>

(2) Upon receipt of an objection filed under paragraph (1), the Minister of Justice shall promptly examine the relevant documents, and if the application is deemed groundless, the Minister shall decide to reject such application, and if it is deemed reasonable, the Minister shall issue an order to release the detained person from detention.

(3) The Minister of Justice may hear statements from relevant persons if necessary before making a decision under paragraph (2).

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

(1) The human rights of detainees shall be respected to the utmost, and discrimination against detainees on grounds of their nationality, gender, religion, social position, etc. shall be prohibited. <Newly Inserted by Act No. 12893, Dec. 30, 2014>

(2) Men and women shall be separately detained: Provided, That this shall not apply to an exceptional situation, such as supporting a child. <Newly Inserted by Act No. 14106, Mar. 29, 2016>

(3) The head of the competent Regional Immigration Service shall provide a detainee with treatment adjusted to his/her specific needs, if the detainee is: <Newly Inserted by Act No. 12893, Dec. 30, 2014; Act No. 14106, Mar. 29, 2016>

1. A patient;

2. An expectant mother;

3. The old or the weak;

4. A person under 19 years of age;

5. A person equivalent to those referred to in subparagraphs 1 through 4, deemed by, the head of the competent Regional Immigration Service, to be in need of treatment adjusted to his/her needs.

(4) Further details concerning special measures and support for providing specific treatment under paragraph (3) shall be prescribed by Ordinance of the Ministry of Justice. <Newly Inserted by Act No. 12893, Dec. 30, 2014; Act No. 14106, Mar. 29, 2016>

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

(1) Detainees are allowed visitors, to exchange written correspondence, and to have telephone conversations with other persons (hereinafter referred to as "visit, etc.").

(2) If deemed inevitable for safety and order in detention facilities and for the safety, health and hygiene of detainees therein, the head of the Regional Immigration Service may restrict visits, etc. <Amended by Act No. 12421, Mar. 18, 2014>

(3) Detailed matters on the procedures for visits, etc. and restrictions thereon and other matters shall be prescribed by Ordinance of the Ministry of Justice.

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

(1) If it is impossible to immediately repatriate a person subject to a deportation order out of the Republic of Korea as the person has no passport or no means of transportation is available, or for any other reason, the head of a Regional Immigration Service may detain the person in any detention facility until he/she can repatriate the person. <Amended by Act No. 12421, Mar. 18, 2014>

(2) When the period during which a person subject to a deportation order is detained under paragraph (1) exceeds three months, the head of a Regional Immigration Service shall obtain prior approval from the Minister of Justice every three months thereafter. <Amended by Act No. 12421, Mar. 18, 2014>

(3) The head of a Regional Immigration Service shall immediately release the person from detention if he/she fails to obtain approval under paragraph (2). <Amended by Act No. 12421, Mar. 18, 2014>

(4) If it becomes obviously impossible to repatriate a person subject to a deportation order for such reasons, as his/her entry into another country being rejected, the head of a Regional Immigration Service may release the person from detention. <Amended by Act No. 12421, Mar. 18, 2014>

(5) When releasing a person subject to a deportation order from detention under paragraph (3) or (4), the head of a Regional Immigration Service may restrict his/her residence or may impose other necessary conditions. <Amended by Act No. 12421, Mar. 18, 2014>

(6) Articles 53 through 55, 56-2 through 56-9 and 57 shall apply mutatis mutandis to detention under paragraph (1).

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

(1) Limitations on the extent of activities and the period of stay shall not apply to an alien granted the status of permanent residency under subparagraph 2 of Article 10 (hereinafter referred to as “status of permanent residency”).

(2) Persons who intend to acquire the status of permanent residency shall be persons eligible for the status of permanent residency prescribed by Presidential Decree and meet each of the following requirements:

1. He or she shall be of good conduct, such as observing the Acts and subordinate statutes of the Republic of Korea;

2. He or she shall be able to make a living, relying on the income, assets, etc. of his or her own or of a family member with whom he or she share livelihood;

3. He or she shall have basic knowledge necessary to continuously live as a national of the Republic of Korea, such as Korean language capability and the understanding of Korean society and culture.

(3) Notwithstanding paragraph (2) 2 and 3, the Minister of Justice shall wholly or partially alleviate or exempt the requirements referred to in paragraph (2) 2 and 3 for the persons prescribed by Presidential Decree, such as those rendering distinguished services to the Republic of Korea, those with excellent capabilities in a specific field, including science, management, education, culture and arts, and athletics, and those making investment of a certain amount or more in the Republic of Korea.

(4) Matters necessary for the standards, extent, etc. of the requirements under each subparagraph of paragraph (2) shall be prescribed by Ordinance of the Ministry of Justice.

[This Article Newly Inserted on Mar. 20, 2018]