Last Change:

06/30/2025

Enforcement Decree of the Immigration Act

Original names of the law: 출입국관리법 시행령

Year: 1966

Type: Domestic law

Rights Category: Asylum, Nationality & facilitated naturalization

Description

The Decree operationalizes every aspect of immigration control through specific rules, forms, time limits, and appeal processes.

Selected provisions
Article 12-2 - Requirements for Status of Permanent Residency

(1) "Persons eligible for the status of permanent residency prescribed by Presidential Decree" in the provision, with the exception of its subparagraphs, of Article 10-3 (2) of the Act means those falling under attached Table 1-3.

(2) "Persons prescribed by Presidential Decree, such as those rendering distinguished services to the Republic of Korea, those with excellent capabilities in any 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" in Article 10-3 (3) of the Act means any of the following persons:

1. A person falling under any of subparagraphs 3, 9, 10 and 14 through 16 of attached Table 1-3;

2. A person deemed by the Minister of Justice to have a special reason to be wholly or partially released or exempted from the requirements under Article 10-3 (2) 2 and 3 of the Act, except for subparagraph 1, in light of national interests or humanitarianism.

(3) The Minister of Justice may release or exempt the requirements referred to in Article 10-3 (2) 2 or 3 of the Act, as prescribed in the following subparagraphs. In such cases, the Minister of Justice shall determine and publicly announce standards for such release or exemption:

1. A person falling under paragraph (2) 1: Release or exemption from the requirements referred to in Article 10-3 (2) 2 or 3 of the Act, considering the degree or possibility of his or her contribution to the society of the Republic of Korea, his or her investment amount therein, etc.;

2. A person falling under paragraph (2) 2: Release or exemption from the requirements referred to in Article 10-3 (2) 2 or 3 of the Act, considering the degree of his or her contribution to the society of the Republic of Korea, his or her ties therewith, humanitarian reasons, etc.

[This Article Newly Inserted on Sep. 18, 2018]

Article 23 - Employment and Status of Stay of Aliens

(1) Status of stay that entitles an alien to engage in job-seeking activities under Article 18 (1) of the Act shall be such status of stay as 5. Short-Term Employee (C-4) in attached Table 1, and 14. Professor (E-1) through 22. Maritime Crew (E-10), and 29. Work and Visit (H-2) in attached Table 1-2. In such cases, "job-seeking activities" means all activities permitted under the relevant status of stay. <Amended on Sep. 18, 2018>

(2) Notwithstanding paragraph (1), none of the following persons shall be subject to restrictions on job-seeking activities based on the classification of status of stay specified in attached Tables 1 and 1-2: <Amended on Sep. 18, 2018; Oct. 26, 2021; Dec. 27, 2022>

1. A person holding the status of stay falling under any of items (a) through (c) and (i) through (m) of 24. Residence (F-2) in attached Table 1-2;

2. A person who holds the status of stay referred to in item (d), (f) or (g) of 24. Residence (F-2) in attached Table 1-2 and continues to engage in activities in the field falling under his or her former status of stay;

3. A person holding the status of stay of 27. Marriage Migrant (F-6) in attached Table 1-2.

(3) Notwithstanding paragraph (1), no person holding the status of stay of 26. Overseas Korean (F-4) in attached Table 1-2 shall be subject to restrictions on activities based on the classification of status of stay specified in attached Tables 1 and 1-2, except in any of the following circumstances: <Amended on Sep. 18, 2018; Dec. 27, 2022; Jul. 7, 2023>

1. Where he or she engages in unskilled labor: Provided, That persons recognized by the Minister of Justice as those who intend to reside or work in a depopulation region under subparagraph 12 of Article 2 of the Special Act on Local Autonomy, Decentralization, and Balanced Regional Development shall be excluded;

2. Where he or she engages in conduct disturbing good morals or other social order;

3. Where restrictions on his or her employment are deemed necessary for maintaining public interests, employment order, etc. in the Republic of Korea.

(4) The specific scope of guardians mentioned in the proviso of paragraph (3) shall be prescribed by Presidential Decree. <Newly Inserted on Mar. 11, 2019>

(5) Where a person holding the status of stay for 28. Working Holiday (H-1) in attached Table 1-2 engages in job-seeking activities, he or she shall be deemed to have the status of stay that entitles him or her to engage in job-seeking activities under paragraph (1). <Amended on Sep. 18, 2018>

(6) Where any of the following persons intends to be employed in a type of occupation determined and publicly notified by the Minister of Justice, which is a field closely related to lives of the citizenry, such as household helpers, the Minister of Justice may require him or her to enter his or her nationality, name, and type of occupation in the information and communications networks determined by the Minister of Justice: <Amended on Jun. 11, 2019>

1. A person who falls under any subparagraph of paragraph (2);

2. A person who falls under status of stay for 26. Overseas Korean (F-4) or for 29. Work and Visit (H-2) in attached Table 1-2;

3. A person who has the status of stay for Permanent Resident (F-5) in attached Table 1-3;

(7) When the following matters are discussed by the Foreign Manpower Policy Committee pursuant to Article 4 (2) of the Act on the Employment of Foreign Workers, the Vice Minister of Justice and the Vice Minister of Employment and Labor shall first consult about the matters to be discussed and jointly bring them up for discussion, and the Minister of Justice and the Minister of Employment and Labor shall jointly give public notice of the matters discussed and a resolution passed: <Amended on Sep. 18, 2018>

1. An annual quota for persons who fall under item (a) (ⅶ) of the status of stay for 29. Work and Visit (H-2) in attached Table 1-2;

2. The ceiling on the number of employees for each place of business for the persons holding the status of stay for 29. Work and Visit (H-2) in attached Table 1-2.

(8) Where the Minister of Justice determines the following matters, he or she may publicly notify such matters: <Amended on Sep. 18, 2018>

1. Important matters concerning the issuance of visas for persons falling under item (a) (ⅶ) of the status of stay for 29. Work and Visit (H-2) in attached Table 1-2;

2. Matters concerning the detailed allotment by nationality of the annual quota for persons decided pursuant to paragraph (7) 1 (in such cases, the number of Korean nationals in each country in which they reside, economic level, diplomatic relations with the Republic of Korea, etc. shall be considered);

3. Other important matters concerning the entry and scope of activities of persons holding the status of stay for 29. Work and Visit (H-2) in attached Table 1-2.

[This Article Wholly Amended on Nov. 1, 2011]

Article 40 - Registration of Aliens

(1) A person who intends to file for alien registration pursuant to Article 31 of the Act shall file an application for alien registration that shall be accompanied by his or her passport and other documents prescribed by Ordinance of the Ministry of Justice with the Head of an Immigration Office, the head of an office or the head of a branch office having jurisdiction over his or her place of stay. <Amended on May 8, 2018>

(2) The Head of an Immigration Office, the head of an office or the head of a branch office having jurisdiction over the place of stay shall assign an alien registration number to a person registered as an alien pursuant to paragraph (1) and enter the alien registration number in the register of registered aliens. <Amended on May 8, 2018>

[This Article Wholly Amended on Nov. 1, 2011]

Article 76 - Special Cases on Permission to Stay

(1) Exceptional circumstances in which a suspect needs to stay in the Republic of Korea under Article 61 (1) of the Act mean any of the following cases: <Amended on May 8, 2018>

1. Where the suspect holds the status of stay for Permanent Resident (F-5) in attached Table 1-3;

2. Where the suspect has been awarded a decoration by or has won official commendation from the Government of the Republic of Korea, or has made a special contribution to the Republic of Korea;

3. Where the suspect is deemed to be in exceptional circumstances to stay in the Republic of Korea in view of the national interest and humanitarianism.

(2) When the Minister of Justice has granted permission to stay pursuant to Article 61 (1) of the Act, he or she shall issue a permit for special stay specifying the status of stay, a period of stay and other necessary matters to be observed, and deliver it to a suspect via the Head of an Immigration Office, the head of an office, the head of a branch office or the head of a detention center. <Amended on May 8, 2018>

(3) When the Minister of Justice has granted permission under paragraph (2), he or she shall enter the purport of the permission to stay in a written decision under Article 75 (2).

[This Article Wholly Amended on Nov. 1, 2011]

Article 31 - Permission to Extend Period of Stay

(1) A person who intends to obtain permission to extend his or her period of stay under Article 25 of the Act shall file an application for an extension of the period of stay that shall be accompanied by documents prescribed by Ordinance of the Ministry of Justice with the Head of an Immigration Office, the head of an office or the head of a branch office, before the expiration of the permitted period of stay. <Amended on May 8, 2018>

(2) Upon receipt of an application filed under paragraph (1), the Head of an Immigration Office, the head of an office or the head of a branch office shall without delay send the application to the Minister of Justice along with his or her opinion. <Amended on May 8, 2018>

(3) When the Minister of Justice permits an extension of the period of stay in response to an application under paragraph (1), the Head of an Immigration Office, the head of an office or the head of a branch office shall place a stamp permitting the extension of the period of stay and enter the period of stay in the passport, or affix a sticker permitting the extension of the period of stay on the passport: Provided, That when the Minister of Justice grants an extension of the period of stay to a person who has filed for alien registration, stating the permitted period in the person’s alien registration certificate shall substitute for the placement of such stamp and entry of the period of stay in or affixing such sticker on the passport. <Amended on May 8, 2018>

[This Article Wholly Amended on Nov. 1, 2011]