Departure/Entry and Stay of Ethnic Koreans of Foreign Nationality
Basic Principle- Ethnic Koreans of foreign nationality are foreign nationals, and must follow the procedure of departure/entry and of stay in Korea.
Entry- A foreign national seeking to enter Korea must undergo an entry inspection by an immigration officer at the port of departure/entry through which he or she enters Korea. The following conditions must be met for entry (Paragraph 1 of Article 7, Article 11, and Paragraphs 1 and 3 of Article 12 of the Immigration Control Act).
· Valid passport and visa (only in cases where a visa is required)
· Coincidence of the purpose of entry with immigration status
· A set period of stay
· Foreign national does not fall under any of those barred from entry listed below.
1. Patients with a contagious disease, drug addicts, and other individuals recognized to be a public hygiene hazard
2. Persons seeking to enter Korea while illegally carrying any firearms, knives/swords, or gunpowder defined by the Act on the Safe Management of Firearms, Knives/Swords, Gunpowder, Etc.
3. Persons recognized as being inclined to engage in activities that threaten the interests or public safety of the Republic of Korea
4. Persons recognized as being inclined to engage in activities that threaten economic order, social order, or good customs
5. Mentally impaired persons without the faculty of reason and who lack a guardian who would aid in such persons' stay in Korea, persons without the financial means for stay in Korea, and other persons in need of relief
6. Persons deported from Korea less than five years ago
7. Persons involved in the killing and mistreatment of people due to a racial, ethnic, religious, national, or political prejudice under the instruction of or affiliation with the Japanese government, a government which was in an alliance with the Japanese government, or a government over which the Japanese government held overwhelming influence between August 29, 1910 and August 15, 1945
8. Other persons pursuant to the descriptions of 1. to 7. above who are recognized by the Minister of Justice as unfit for entry
9. If the home country of a foreign national seeking to enter Korea refuses entry by a Korean national due to a reason other than those specified in 1. to 8. above, a foreign national of said foreign country to whom said reason applies
- Foreign nationals who fall under any of the following categories can enter Korea without a visa (Paragraph 2 of Article 7 of the Immigration Control Act).
· An individual who received a permit for reentry or is exempt from a permit for reentry and seeks entry before the duration of said permit or exemption is over
· A national of a country which has settled a visa waiver agreement with the Republic of Korea who is exempted from a visa in accordance with said agreement
· An individual entering Korea for international good will, tourism, or the benefit of Korea after receiving a permit for entry
· An individual who departed Korea after being issued a refugee travel document and who is reentering Korea before the valid period of said refugee travel document has elapsed
Stay- Foreign nationals can stay in Korea according to their immigration status and within the authorized period of stay (Paragraph 1 of Article 17 of the Immigration Control Act).
※ The maximum duration of stay that can be granted on a single occasion according to immigration status can be checked in the Attached Table 1 of the Immigration Control Act Enforcement Regulations.
- A foreign national staying in Korea for over 90 days from the date of entry must register as a foreign national with the head of a local government office in charge of immigration with jurisdiction over the foreign national's location of stay (main sentence of Paragraph 1 of Article 31 of the Immigration Control Act).
Departure- A foreign national seeking to depart Korea must hold a valid passport and undergo a departure inspection by an immigration officer at the port of departure (Paragraph 1 of Article 28 of the Immigration Control Act).
- However, a foreign national must be barred from departure if any of the following apply (Paragraphs 1 and 2 of Article 4 and Paragraph 1 of Article 29 of the Immigration Control Act, Article 1-3 of the Enforcement Decree of the Immigration Control Act, and Article 39-3 of the Enforcement Regulations of the Immigration Control Act).
1. Foreign national is a party to a criminal trial that is awaiting settlement
2. Foreign national is an individual whose term of imprisonment or incarceration is not complete
3. Foreign national is an individual who failed to pay a fine of over 10 million won or a court-ordered fine of over 20 million won
4. Foreign national is an individual who failed to pay a national tax, tariff, or local tax of over 50 million won by the due date without a valid reason
5. According to Paragraph1 of Article 21-4 of the Act on Enforcing and Supporting Child SupportPayment, an obligor of child support who has gone through deliberations and hadtheir case resolved by the Child Support Enforcement Council
6. Other personsequivalent to the above whose departure is determined to be inappropriate ashe/she is likely to harm the national interest, public security or economicorder of the Republic of Korea
√ An individual under tax investigation on a charge of evasion of national tax of over 200 million won
√ An individual under tax investigation on a charge of issuing a false tax invoice or invoice for an amount over 200 million won
√ Persons who theMinister of Justice recognize as possibly incurring severe harm on publichealth
√ Persons attached with a location sending electronicdevice according to the Act on Attachment of Electronic Device, Etc.
√ Any other individual whose departure of Korea is recognized by the Minister of Justice as a patent threat to national security or diplomatic relations
7. A foreign national whois being investigated for a crime corresponding to a statutory penalty ofcapital punishment, life imprisonment with or without labor, or imprisonmentwith or without labor for a long term of three or more years
8. Foreign national is an individualwhose prosecution or investigation has been suspended (limited to suspects) on account of his or her whereaboutsbeing unknown, or an individual who cannot be investigated due to specialreasons such as escape
9. Foreign national isan individual for whom an arrest warrant has been issued during a suspension ofprosecution orinvestigation (limited to suspects)