(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 on 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 on Mar. 29, 2016>

(3) The head of the competent Regional Immigration Service shall provide a detainee with treatment adjusted to his or her specific needs, if the detainee is: <Newly Inserted on Dec. 30, 2014; 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 or 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 on Dec. 30, 2014; Mar. 29, 2016>

[This Article Wholly Amended on May 14, 2010]

(1) The head of a Regional Immigration Service may deport any of the following aliens from the Republic of Korea according to the procedures prescribed in this Chapter: <Amended on Jan. 26, 2012; Mar. 18, 2014; Mar. 29, 2016; Mar. 20, 2018; Aug. 17, 2021>

1. A person who violates Article 7;

2. An alien who violates Article 7-2, or an alien who enters the Republic of Korea by such conduct as a false invitation, stipulated in that Article;

3. A person who has become or is subsequently found to be subject to grounds for prohibition of entry provided in the subparagraphs of Article 11 (1);

4. A person who violates Article 12 (1) or (2), or 12-3;

5. A person who violates any of the terms or conditions of permission imposed by the head of the Regional Immigration Service under Article 13 (2);

6. A person who lands without obtaining permission required under Article 14 (1), 14-2 (1), 15 (1), 16 (1) or 16-2 (1);

7. A person who violates any of the terms or conditions of permission imposed by the head of the Regional Immigration Service or an immigration control official under Article 14 (3) (including cases to which the afore-said provision shall apply mutatis mutandis pursuant to Article 14-2 (3)), 15 (2), 16 (2) or 16-2 (2);

8. A person who violates Article 17 (1) or (2), 18, 20, 23, 24 or 25;

9. 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 or arranges the employment of an alien, in violation of paragraph (2) of that Article;

10. A person who violates a restriction on his or her residence or the scope of activity, or other matters to be observed prescribed by the Minister of Justice under Article 22;

10-2. An alien who violates Article 26;

11. A person who attempts to depart from the Republic of Korea, in violation of Article 28 (1) or (2);

12. A person who violates the obligation to file for alien registration under Article 31;

12-2. A person who violates Article 33-3;

13. A person released after having been sentenced to imprisonment without labor or heavier punishment;

14. A person falling under any subparagraph of Article 76-4 (1);

15. Any other person prescribed by Ordinance of the Ministry of Justice, equivalent to one of persons referred to in subparagraphs 1 through 10, 10-2, 11, 12, 12-2, 13, and 14.

(2) Notwithstanding paragraph (1), no alien granted the status of permanent residency shall be deported from the Republic of Korea: Provided, That this shall not apply to any of the following persons: <Amended on Mar. 20, 2018>

1. A person who has committed insurrection stipulated under Chapter I of Part II of the Criminal Act or foreign aggression stipulated under Chapter II of that Act;

2. A person prescribed by Ordinance of the Ministry of Justice, who is released after having been sentenced to imprisonment with or without labor for at least five years;

3. A person who has committed a violation provided in Article 12-3 (1) or (2), or has abetted or aided a third person in such violation.

[This Article Wholly Amended on May 14, 2010]

(1) A written order of deportation shall be executed by an immigration control official.

(2) The head of a Regional Immigration Service may entrust a judicial police official to execute a written order of deportation. <Amended on Mar. 18, 2014>

(3) In executing a written order of deportation, the written order of deportation shall be produced to the person subject to such order, and the person shall be repatriated without delay to the country of repatriation under Article 64: Provided, That if the captain of a ship, etc. or a forwarding agent is required to repatriate him or her under Article 76 (1), an immigration control official may hand over such person to the captain of the ship, etc. or the forwarding agent. <Amended on Dec. 12, 2017>

(4) Notwithstanding paragraph (3), no person subject to a deportation order shall be repatriated in any of the following circumstances: Provided, That this shall not apply where a person who has applied for refugee status under the Refugee Act endangers or is likely to endanger the public security of the Republic of Korea: <Amended on Feb. 10, 2012>

1. Where he or she applied for refugee status pursuant to the Refugee Act but a decision on whether to grant refugee status has not been made;

2. Where he or she filed an objection pursuant to Article 21 of the Refugee Act, but the examination thereof has not yet finished.

[This Article Wholly Amended on May 14, 2010]

(1) Where an alien on board a ship, etc. escapes from a territory in which he or she is afraid that his or her life, body or physical freedom might be infringed for the reasons provided for in subparagraph 1 of Article 2 of the Refugee Act or other equivalent reasons, and requests his or her protection immediately to the Republic of Korea, the head of the competent Regional Immigration Service may grant temporary landing permission for a refugee for up to 90 days with approval from the Minister of Justice, if it is deemed well-grounded to allow the alien to land. In such cases, the Minister of Justice shall consult with the Minister of Alien Affairs. <Amended on Feb. 10, 2012; Mar. 23, 2013; Mar. 18, 2014>

(2) Article 14 (3) and (5) shall apply mutatis mutandis to paragraph (1). In such cases, "crewman’s landing permit" shall be construed as "temporary landing permit for refugees" and "landing permission for crew" as "temporary landing permission for refugees", respectively.

(3) Article 12-2 shall apply mutatis mutandis to fingerprinting and photographing of aliens who request protection under paragraph (1).

[This Article Wholly Amended on May 14, 2010]

Where a person who falls under any of subparagraph 1 of Article 93-3, subparagraphs 2, 5, 6 and 15 through 17 of Article 94, or subparagraph 3 or 4 of Article 95 reports all of the following facts directly to the head of the competent Regional Immigration Service immediately after committing a violation, he or she shall be exempted from punishment only if such facts are proved: <Amended on Feb. 10, 2012; Mar. 18, 2014; Apr. 23, 2019; Mar. 24, 2020>

1. The fact that he or she is a refugee who has entered or landed in the Republic of Korea from a territory where he or she feared that his or her life, body or physical freedom might have been infringed for reasons provided for in subparagraph 1 of Article 2 of the Refugee Act;

2. The fact that he or she has committed the relevant violation due to fear referred to in subparagraph 1.

[This Article Wholly Amended on May 14, 2010]

Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended on Jan. 26, 2012; Jan. 7, 2014; Mar. 29, 2016; Mar. 20, 2018; Apr. 23, 2019; Mar. 24, 2020>

1. A person who departs from the Republic of Korea without undergoing a departure inspection, in violation of Article 3 (1);

2. A person who enters the Republic of Korea, in violation of Article 7 (1) or (4);

3. A person who violates Article 7-2;

4. A person who violates Article 12-3 and does not fall under Article 93-2 (2) or subparagraph 1 or 3 of Article 93-3;

5. A person who lands without obtaining landing permission for crew under Article 14 (1) or landing permission for tourism under Article 14-2 (1);

6. A person who violates any of the conditions imposed on landing permission for crew under Article 14 (3) or landing permission for tourism under Article 14-2 (3);

7. A person who overstays his or her authorized period of stay in the Republic of Korea or stays not in compliance with his or her status of stay, in violation of Article 17 (1);

8. A person who engages in employment without obtaining the status of stay that entitles the person to engage in job-seeking activities, in violation of Article 18 (1);

9. A person who hires a person not granted status of stay that entitles the person to engage in job-seeking activities, in violation of Article 18 (3);

10. A person who arranges or solicits, as his or her business, the employment of an alien not granted status of stay that entitles the alien to engages in employment, in violation of Article 18 (4);

11. A person who places an alien not granted status of stay that entitles the alien to engage in job-seeking activities, under his or her control, in violation of Article 18 (5);

12. A person who engages in activities permitted under a different status of stay without obtaining permission to engage in activities not covered by his or her original status of stay, in violation of Article 20;

13. A person who arranges, as his or her business, the employment of an alien who fails to obtain permission for change or addition of his or her workplace, in violation of Article 21 (2);

14. A person who violates any restriction, etc. imposed under Article 22;

15. A person who stays in the Republic of Korea without obtaining the status of stay, in violation of Article 23;

16. A person who engages in activities permitted by a different status of stay without obtaining permission to change his or her status of stay, in violation of Article 24;

17. A person who continues overstaying his or her authorized period of stay in the Republic of Korea without obtaining an extension of his or her period of stay, in violation of Article 25;

17-2. A person who violates Article 26;

18. A person who departs from the Republic of Korea without undergoing a departure inspection, in violation of Article 28 (1) or (2);

19. A person who violates Article 33-3;

20. A person who violates Article 69 (including cases to which the aforementioned Article shall apply mutatis mutandis pursuant to Article 70 (1) and (2)).

[This Article Wholly Amended on May 14, 2010]

(1) If an alien falls under any of the following cases, the Minister of Justice may revoke or change a visa issued under Article 8, a visa issuance certificate issued under Article 9, entry permission granted under Article 12 (3), conditional entry permission granted under Article 13, landing permission for crew granted under Article 14, landing permission for tourism granted under Article 14-2, or permission for stay, etc. granted under Articles 20, 21, and 23 through 25: <Amended on Jan. 26, 2012>

1. Where a referee withdraws his or her guarantee or there is no referee anymore;

2. Where it is found that the alien has obtain permission, etc. by false or other unlawful means;

3. Where the alien violates any of terms or conditions of permission;

4. Where any change in circumstances causes grave reason making it impossible to maintain permitted conditions;

5. In any other cases than those provided for in subparagraphs 1 through 4, where the alien seriously violates this Act or any other Act, or violates any legitimate ex officio order issued by an immigration control official.

(2) If deemed necessary for revoking or changing permission, etc. under paragraph (1), the Minister of Justice may require the alien in question or the applicant under Article 79 to appear to hear his or her opinion.

(3) In cases falling under paragraph (2), the Minister of Justice shall give a notice of the grounds for revocation or change and the date, time and place of appearance to the alien or applicant by seven days prior to the date of appearance.

[This Article Wholly Amended on May 14, 2010]

No one shall engage in any of the following conduct to enable an alien to enter the Republic of Korea:

1. Inviting an alien by illegal means, such as making a false statement or providing a false reference, or assisting such invitation;

2. Falsely applying for a visa or a visa issuance certificate, or assisting such application.

[This Article Wholly Amended on May 14, 2010]