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
If an alien staying in the Republic of Korea intends to engage in activities permitted under a different status of stay, in addition to those activities permitted under his or her original status of stay, he or she shall obtain prior permission to engage in such activities, other than those permitted under his or her original status of stay, from the Minister of Justice, as prescribed by Presidential Decree. <Amended on Jun. 9, 2020>
[This Article Wholly Amended on May 14, 2010]
(1) If an alien intends to stay in the Republic of Korea for more than 90 days from the date of entry, the alien shall file for alien registration with the head of the Regional Immigration Service having jurisdiction over his or her place of stay within 90 days from the date of entry into the Republic of Korea, as prescribed by Presidential Decree: Provided, That this shall not apply to any of the following aliens: <Amended on Mar. 18, 2014>
1. Personnel of foreign diplomatic missions (including embassies and consulates) and international organizations in the Republic of Korea and their families;
2. Aliens who enjoy privileges and immunity similar to those of diplomats or consuls under any agreement entered into with the Government of the Republic of Korea and their families;
3. Persons, etc. invited by the Government of the Republic of Korea and prescribed by Ordinance of the Ministry of Justice.
(2) Notwithstanding paragraph (1), an alien referred to in any subparagraph of paragraph (1) may file for alien registration during his or her period of stay. <Newly Inserted on Mar. 29, 2016>
(3) Notwithstanding the main clause of paragraph (1), a person who is granted the status of stay under Article 23 and intends to stay for more than 90 days from the date on which he or she is granted the status of stay shall file for alien registration when he or she is granted the status of stay. <Amended on Mar. 29, 2016>
(4) Notwithstanding the main clause, with the exception of the subparagraphs, of paragraph (1), a person who obtains permission to change his or her status of stay under Article 24 and continues to stay for more than 90 days from his or her entry shall file for alien registration when he or she obtains permission to change his or her status of stay. <Amended on Mar. 29, 2016>
(5) The head of a Regional Immigration Service shall assign an identifiable registration number (hereinafter referred to as "alien registration number") to each alien who has filed for alien registration under paragraphs (1) through (4) in the manner prescribed by Presidential Decree. <Amended on Mar. 18, 2014; Mar. 29, 2016>
[This Article Wholly Amended on May 14, 2010]
(1) Where a resident registration card, or the certified or abridged copy of the resident registration certificate, is required to execute various procedures, transactions, etc. provided for in the statutes, an alien registration certificate or a certificate of fact on alien registration shall substitute for it.
(2) Any alien registration and report on change of place of stay filed under this Act shall substitute for any resident registration and moving-in report, respectively.
[This Article Wholly Amended on May 14, 2010]
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on Jan. 7, 2014>
1. A person who enters the Republic of Korea without undergoing an entry inspection, in violation of Article 6 (1);
2. A person who violates any of the conditions imposed on conditional entry permission under Article 13 (2);
3. A person who lands without obtaining emergency landing permission under Article 15 (1), landing permission in distress under Article 16 (1), or temporary landing permission for refugees under Article 16-2 (1);
4. A person who violates any of the terms or conditions of permission under Article 15 (2), 16 (2) or 16-2 (2);
5. A person who works at the workplace, other than the designated workplace, in violation of Article 18 (2);
6. A person who changes or adds his or her workplace without obtaining permission, in violation of the main clause of Article 21 (1), or a person who employs an alien who fails to obtain permission for change or addition of his or her workplace, in violation of Article 21 (2);
7. A person who violates his or her obligation to file for registration under Article 31;
8. A person who flees while being detained or temporarily detained under Article 51 (1) or (3), 56 or 63 (1), or a person who flees while being escorted for detention, deportation, etc. (excluding persons falling under Article 93-2 (1) 1 or 2);
9. A person who violates any of the restrictions on his or her residence or other conditions imposed under Article 63 (5);
10. Deleted. <Feb. 10, 2012>
[This Article Wholly Amended on May 14, 2010]
(1) Upon receipt of an application for alien registration under Article 31, the head of the Regional Immigration Service shall issue an alien registration certificate to the applicant, as prescribed by Presidential Decree: Provided, That if the alien is under 17 years of age, the head of the Regional Immigration Service need not issue such certificate. <Amended on Mar. 18, 2014>
(2) When an alien to whom no alien registration certificate has been issued under the proviso of paragraph (1) attains 17 years of age, the alien shall apply for an alien registration certificate to the head of the Regional Immigration Service having jurisdiction over his or her place of stay within 90 days. <Amended on Mar. 18, 2014>
(3) The validity period of an alien registration certificate issued to an alien granted the status of permanent residency (hereinafter referred to as a “permanent residency certificate”) shall be 10 years. <Newly Inserted on Mar. 20, 2018>
(4) A person issued a certificate of permanent residency shall have it reissued before its validity period expires. <Newly Inserted on Mar. 20, 2018>
(5) Matters necessary for procedures for re-issuing certificates of permanent residency under paragraph (4) shall be prescribed by Presidential Decree. <Newly Inserted on Mar. 20, 2018>
[This Article Wholly Amended on May 14, 2010]
[Title Amended on Mar. 20, 2018]
(1) Every alien who intends to continue to stay in excess of the permitted period of stay shall obtain permission to extend his or her period of stay from the Minister of Justice before the expiration of the permitted period of stay, as prescribed by Presidential Decree. <Amended on Jun. 9, 2020>
(2) Standards for examining whether to grant permission to extend the period of stay under paragraph (1) shall be prescribed by Ordinance of the Ministry of Justice. <Newly Inserted on Jun. 9, 2020>
[This Article Wholly Amended on May 14, 2010]
The terms used in this Act are defined as follows: <Amended on Feb. 10, 2012; Mar. 18, 2014; Mar. 20, 2018; Jun. 9, 2020; Aug. 17, 2021>
1. The term "national" means a national of the Republic of Korea;
2. The term "alien" means any person who is not a national of the Republic of Korea;
3. The term "refugee" means a refugee defined in subparagraph 1 of Article 2 of the Refugee Act;
4. The term "passport" means a passport or refugee travel document issued by the Government of the Republic of Korea, any foreign government or competent international organization, or any other document substituting the passport, which are deemed valid by the Government of the Republic of Korea;
5. The term "seafarers’ identity document" means a document issued by the Government of the Republic of Korea or a foreign government, which certifies that its holder is a seafarer;
6. The term "port of entry and departure" means a harbor, airport or other places prescribed by Presidential Decree in the Republic of Korea, through which any person may enter or depart from the Republic of Korea;
7. The term "head of an overseas diplomatic mission" means an ambassador, minister, consul-general or consul of the Republic of Korea residing in a foreign country, or the head of an organization carrying out consular affairs;
8. The term "ship, etc." means any ship, airplane, train, automobile and other means of transportation which transport persons or things between the Republic of Korea and any area outside the Republic of Korea;
9. The term "crew" means any person who is engaged in any capacity on board a ship, etc.;
10. The term "forwarding agent" means any person who operates any business using a ship, etc., and a person who executes any transaction belonging to the business of the said person on behalf of him or her;
10-2. The term “Regional Immigration Service” means a government office and an immigration detention center established by region pursuant to any statute to perform affairs for controlling immigration and the stay of aliens;
11. The term "detention" means an immigration control official’s enforcement activities taking into custody or impounding a person having reasonable grounds to be suspected of falling under persons subject to deportation under the subparagraphs of Article 46 (1) at an immigration detention unit, immigration detention center or other place designated by the Minister of Justice;
12. The term "immigration detention unit" means a place provided at a Regional Immigration Service for the purpose of detaining aliens under this Act;
13. The term "immigration detention center" means facilities established at a Regional Immigration Service for the purpose of detaining aliens under this Act, and prescribed by Presidential Decree;
14. The term "immigration offender" means any person deemed to have committed any of the offenses prescribed in Articles 93-2, 93-3, 94 through 99, 99-2, 99-3 and 100;
15. The term "biometrics information" means personal information, such as the fingerprint, face, iris, and palm vein of a person, which is used for verifying the identity of the person for the duties performed pursuant to this Act.
16. The term "departure waiting room" means a facility that the head of a Regional Immigration Service installs at a port of entry and departure to allow an alien falling under any subparagraph of Article 76 (1) to wait until his or her departure, in order to ensure the humanitarian treatment and smooth check-in of such alien and the safety in a security zone.
[This Article Wholly Amended on May 14, 2010]
(1) Every alien who intends to enter the Republic of Korea shall submit his or her passport and entry form to an immigration control official for an entry inspection at a port of entry and departure, as prescribed by Presidential Decree. <Amended on Jun. 9, 2020>
(2) The proviso of Article 6 (1) and paragraph (3) of that Article shall apply mutatis mutandis to paragraph (1).
(3) In conducting an entry inspection, an immigration control official shall grant entry permission to an alien after examining whether the alien satisfies the following requirements that: <Amended on Feb. 4, 2020>
1. His or her passport and the visa shall be valid: Provided, That the visa requirement shall be met only in cases required by this Act;
1-2. His or her prior permit for travel referred to in Article 7-3 (2) shall be valid;
2. The purpose of his or her entry shall comply with the status of stay;
3. The period of stay shall have been determined, as prescribed by Ordinance of the Ministry of Justice;
4. He or she shall not be subject to prohibition or refusal of entry under Article 11.
(4) If an alien fails to prove that he or she satisfies the requirements provided for in the subparagraphs of paragraph (3), an immigration control official may refuse his or her entry into the Republic of Korea.
(5) Upon granting entry permission to an alien falling under Article 7 (2) 2 or 3, an immigration control official shall grant the status of stay to the alien and determine the period of stay, as prescribed by Presidential Decree.
(6) An immigration control official may enter ships, etc. for the purpose of conducting inspections under paragraph (1) or (2).
[This Article Wholly Amended on May 14, 2010]
Matters to be registered by every alien under Article 31 are as follows:
1. Name, gender, date of birth, and nationality;
2. Number, date of issuance and effective period of his or her passport;
3. His or her workplace and position or work scope;
4. Address in his or her home country and place of stay in the Republic of Korea;
5. His or her status and period of stay;
6. Other matters prescribed by Ordinance of the Ministry of Justice, in addition to those provided for in subparagraphs 1 through 5.
[This Article Wholly Amended on May 14, 2010]
(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]