Last Change:

05/21/2025

Immigration Act

Year: 1963

Type: Domestic law

Rights Category: Asylum, Freedom of movement, Liberty & security of person, Nationality & facilitated naturalization, Documentation

Description

The purpose of this Act is to provide for matters concerning safe border controls through the immigration control of all nationals and aliens who enter or depart from the Republic of Korea, control over the stay of aliens in the Republic of Korea, and social integration, etc.

Selected provisions
Article 55 - Objections to Detention

(1) A person detained under a detention order, or his or her legal representative, etc., may file an objection to his or her detention with the Minister of Justice via the head of the competent Regional Immigration Service. <Amended on 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 on May 14, 2010](1) A person detained under a detention order, or his or her legal representative, etc., may file an objection to his or her detention with the Minister of Justice via the head of the competent Regional Immigration Service. <Amended on 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 on May 14, 2010]

Article 56 - Temporary Detention of Aliens

(1) An immigration control official may temporarily detain any of the following aliens in an immigration detention unit for up to 48 hours:

1. A person whose entry is not permitted under Article 12 (4);

2. A person granted obtained conditional entry permission under Article 13 (1) and who has fled or appears very likely to flee;

3. A person subject to a departure order under Article 68 (1) who has fled or appears very likely to flee.

(2) Where an immigration control official is unable to deport an alien temporarily detained under paragraph (1) within 48 hours due to lack of transportation to repatriate the alien, illness, or other extenuating circumstances, the immigration control official may extend the period of detention only once by up to 48 hours with approval from the head of the competent Regional Immigration Service. <Amended on Mar. 18, 2014>

[This Article Wholly Amended on May 14, 2010]

Article 60 - Filing Objections

(1) If a suspect intends to protest a deportation order, the suspect shall file a written objection with the Minister of Justice through the head of the competent Regional Immigration Service within seven days after receipt of the written order of deportation. <Amended on Mar. 18, 2014>

(2) Upon receipt of the written objection under filed paragraph (1), the head of the Regional Immigration Service shall transfer the written objection accompanied by the written decision on examination and the record of investigation to the Minister of Justice. <Amended on Mar. 18, 2014>

(3) Upon receipt of the written objection, etc. under paragraphs (1) and (2), the Minister of Justice shall examine and decide whether the objection is well-grounded and notify the head of the competent Regional Immigration Service of the decision thereon. <Amended on Mar. 18, 2014>

(4) When the head of a Regional Immigration Service is notified by the Minister of Justice of the decision that the objection is well-grounded, he or she shall inform the suspect, without delay, of such decision and immediately release the suspect if the suspect is detained. <Amended on Mar. 18, 2014>

(5) When the head of a Regional Immigration Service is notified by the Minister of Justice of the decision that the objection is groundless, he or she shall inform the suspect of such decision without delay. <Amended on Mar. 18, 2014>

[This Article Wholly Amended on May 14, 2010]

Article 65 - Temporary Release from Detention

(1) Ex officio or upon receipt of a request made by a detainee, the head of the Regional Immigration Service may temporarily release the detainee from detention on conditions that may include deposit of a bond not exceeding 20 million won and restrictions on his or her residence, taking into consideration the circumstances of such detainee, grounds for requesting a temporary release, assets, and other matters.

(2) Procedures for requests for temporary release from detention, the deposit and return of bonds under paragraph (1) shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Mar. 20, 2018]

Article 30 - Permission of Reentry

(1) Where an alien who has filed for alien registration or is exempted from such registration under Article 31 intends to reenter the Republic of Korea after departure within his or her permitted period of stay, the Minister of Justice may permit such reentry upon application of the alien: Provided, That exemption from reentry permission may apply to an alien granted the status of permanent residency in the Republic of Korea and an alien determined by Ordinance of the Ministry of Justice as having a fair ground to be exempted from reentry permission. <Amended on Mar. 20, 2018>

(2) The reentry permission under paragraph (1) shall be classified into single reentry permission valid only once and multiple reentry permission valid for at least twice entries.

(3) Where an alien is unable to reenter during the period permitted under paragraph (1) due to a disease or any other extenuating circumstance, the alien shall obtain an extension of the permitted reentry period from the Minister of Justice before the expiration of the permitted period.

(4) The Minister of Justice may delegate authority pertaining to the granting of extensions of the permitted reentry period to the heads of overseas diplomatic missions, as prescribed by Presidential Decree.

(5) Criteria and procedures concerning reentry permission, extensions of the permitted reentry period and exemption from reentry permission shall be prescribed by Ordinance of the Ministry of Justice.

[This Article Wholly Amended on May 14, 2010]

Article 22 - Restrictions on Scope of Activities

If it is deemed necessary for maintaining public peace and order or important interests of the Republic of Korea, the Minister of Justice may restrict the residence or scope of activities of any alien staying in Korea or determine necessary matters to be observed by such alien.

[This Article Wholly Amended on May 14, 2010]

Article 36 - Reporting on Change in Place of Stay

(1) If an alien who has filed for registration under Article 31 changes his or her place of stay, the alien shall file a moving-in report with the head of the Si/Gun/Gu or Eup/Myeon/Dong where the new place of stay is located, or with the head of the Regional Immigration Service having jurisdiction over the new place of stay, as prescribed by Presidential Decree, within 15 days from the date the alien moves into the new place of stay. <Amended on Mar. 18, 2014; Mar. 29, 2016; Mar. 20, 2018; Jun. 9, 2020>

(2) An alien shall present his or her alien registration certificate when filing a report under paragraph (1). In such cases, the head of the Si/Gun/Gu or Eup/Myeon/Dong or the head of the Regional Immigration Service shall enter details about the change in the place of stay in the alien registration certificate and return it to the alien. <Amended on Mar. 18, 2014; Mar. 29, 2016>

(3) Upon receipt of a moving-in report under paragraph (1), the head of the Regional Immigration Service shall, without delay, give notice of the change in the place of stay to the head of a Si/Gun/Gu or Eup/Myeon/Dong where the new place of stay is located. <Amended on Mar. 18, 2014; Mar. 29, 2016>

(4) Upon receipt of a moving-in report directly under paragraph (1) or the notice of the change in the place of stay from the head of a Regional Immigration Service under paragraph (3), the head of a Si/Gun/Gu or Eup/Myeon/Dong shall promptly request the transfer of the relevant alien registration card from the head of the Si/Gun/Gu or Eup/Myeon/Dong where the former place of stay is located, along with a copy of the report on the change in the place of stay. <Amended on Mar. 18, 2014; Mar. 29, 2016>

(5) Upon receipt of a request for the transfer of an alien registration card pursuant to paragraph (4), the head of the Si/Gun/Gu or Eup/Myeon/Dong where the former place of stay is located shall transfer the alien registration card to the head of the Si/Gun/Gu or Eup/Myeon/Dong where the new place of stay is located, within three days from the date of receipt of such request. <Amended on Mar. 29, 2016>

(6) Upon receipt of an alien registration card transferred under paragraph (5), the head of a Si/Gun/Gu or Eup/Myeon/Dong shall rearrange the reporting person's alien registration card and manage it in accordance with Article 34 (2). <Amended on Mar. 29, 2016>

(7) Upon receipt of a moving-in report under paragraph (1), the head of a Si/Gun/Gu or Eup/Myeon/Dong or the head of a Regional Immigration Service shall promptly notify the relevant fact to the head of the Regional Immigration Service having jurisdiction over the former place of stay, as prescribed by Presidential Decree. <Amended on Mar. 18, 2014; Mar. 29, 2016>

[This Article Wholly Amended on May 14, 2010]

Article 98 - Penalty Provisions

Any of the following persons shall be punished by a fine not exceeding one million won:

1. A person who violates his or her obligation to carry or present a passport, etc. under Article 27;

2. A person who violates his or her obligation to report any change on his or her place of stay under Article 36 (1).

[This Article Wholly Amended on May 14, 2010]

Article 17 - Stay and Scope of Activity of Aliens

(1) Every alien may stay in the Republic of Korea as permitted by his or her status of stay and within the authorized period of stay.

(2) No alien staying in the Republic of Korea shall engage in any political activity unless otherwise permitted by this Act or other Acts.

(3) If an alien staying in the Republic of Korea engages in any political activity, the Minister of Justice may order the alien in writing to suspend such activity or may issue other necessary orders.

[This Article Wholly Amended on May 14, 2010]

Article 18 - Restrictions on Employment of Aliens

(1) Every alien who intends to engage in employment in the Republic of Korea shall obtain the status of stay that entitles him or her to engage in job-seeking activities, as prescribed by Presidential Decree.

(2) No alien having the status of stay referred to in paragraph (1) shall work at any place, other than the designated workplace.

(3) No person shall employ any person not holding the status of stay referred to in paragraph (1).

(4) No person shall arrange or solicit the employment of a person not holding the status of stay referred to in paragraph (1).

(5) No person shall place any alien not holding the status of stay referred to in paragraph (1) under his or her control in order to arrange the employment of such alien.

[This Article Wholly Amended on May 14, 2010]