There are also individuals for whom passport issuance may be refused or restricted.
Refusal of passport issuance
- Individuals who fall under any of the following can be refused the issuance or reissuance of a passport (Article 12(1) of the Passport Act):
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Individuals Subject to Refusal of Passport Issuance (Reissuance)
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▪ Individuals who are indicted for a crime punishable by a sentence of 2 years or longer, or those who are abroad and have been suspended from indictment or investigation (limited to suspect suspension) for a crime punishable by a sentence of 3 years or longer, or those for whom an arrest warrant or detention warrant has been issued
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▪ Individuals who have committed an offense under Articles 24 through 26 of the Passport Act and have been sentenced to imprisonment, and the execution of which has either ended (including cases deemed to have ended) or has not been exempted
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▪ Individuals who are within the probation period after being sentenced to a suspended sentence for committing a crime under Articles 24 through 26 of the Passport Act
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▪ Individuals who have been sentenced to imprisonment or more severe for committing a crime other than those under Articles 24 through 26 of the Passport Act, and the execution of which has either ended (including cases deemed to have ended) or has not been exempted
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▪ Individuals who are within the probation period after being sentenced to a suspended sentence for committing a crime other than those under Articles 24 through 26 of the Passport Act
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▪ Individuals who, when abroad, pose a significant threat to the security, public order, unification, or foreign policy of the Republic of Korea, and fall under any of the following:
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1. Individuals at significant risk of life or physical harm because of terrorism, etc., when leaving the country
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2. Individuals who are under security observation pursuant to Article 4 of the Security Surveillance Act and have received a warning under Article 22 of the same Act during that period
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Restriction on passport issuance
- Passport issuance can be restricted for a period of 1 to 3 years from the date of the occurrence for individuals who fall under any of the following (Article 12-2 of 「Passport Act」):
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Reason for Restriction
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Restriction Period
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▪ Individuals who have committed an offense under Articles 24 through 26 of the Passport Act, have been sentenced to imprisonment, and the execution of which has either ended (including cases deemed to have ended) or has been exempted
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2 years
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▪ Individuals who have been sentenced to a suspended sentence for committing a crime under Articles 24 to 26 of 「Passport Act」 and the probation period has expired
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1 year
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▪ Individuals who have been subjected to compulsory deportation by a foreign government, its complaint against or demand for correction, compensation, or apology by the Government of the Republic of Korea, or have become subject to new or stricter restrictions on rights or interests of or imposition of duties against the Government of the Republic of Korea or its national, for having committed homicide, robbery, human trafficking, sex offenses, narcotics-related crime, smuggling, or other grave illegal conduct (limited to an act found guilty) in a foreign country, and who are notified of such fact during the following periods starting from the date of occurrence of such fact
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If the statutory sentence under domestic law for the illegal act corresponds to imprisonment or more for 1 year or longer or is more severe
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3 years
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If it corresponds to imprisonment or more for less than 1 year but 3 years or longer
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2 years
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If it corresponds to imprisonment or more for less than 1 year but less than 3 years
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1 year
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- Considering the content and frequency of the illegal act and the degree of damage to national prestige, the above-mentioned period can be increased or decreased by half if deemed necessary. However, even in cases of aggravation, it cannot exceed 3 years (Article 12-2(3) of 「Enforcement Decree of the Passport Act」).
If there are urgent humanitarian reasons, even those who have been refused or restricted from receiving a passport can be issued one.
Exceptional passport issuance
- If a person, who has been refused or restricted from obtaining or reissuing a passport, is residing abroad and it is deemed necessary for them to urgently leave the country because of the death or a serious illness or accident equivalent to death of any of the following individuals, they can obtain a passport that can only be used for the travel purpose based on the reason (Article 12(4) of the Passport Act; Article 26-3(1) of the Enforcement Decree of the Passport Act):
·Spouse;
·Direct ascendant, descendant, or sibling of the individual; or
·Direct ascendant, descendant, or sibling of the spouse.
※ The validity period of the passport issued according to those above is the minimum period necessary to achieve the travel purpose (Article 26-3(2) of the Enforcement Decree of the Passport Act).
Cases where passport issuance refusal/restriction can be lifted
Where the refusal and restriction are lifted
- The refusal or restriction of passport issuance can be lifted in any of the following cases (the main body of Article 26 of the Enforcement Decree of the Passport Act):
· Where the head of the related administrative agency requests it be lifted;
· Where departing to cohabit with a foreigner or an overseas Korean who has migrated with the intention of residing abroad;
· Where a person has reported overseas migration and received a confirmation certificate for overseas migration; or
· Where acquiring or planning to acquire permanent residency or a long-term visa in a foreign country.
If a passport is issued because of mistake or negligence, it must be returned.
Passport return order
- If the Minister of Foreign Affairs deems it necessary for a passport or travel certificate (hereinafter “passport, etc.”) to be returned for any of the following reasons, they can order the holder of the passport, etc. to return it within a specified reasonable period (Article 19(1) and (4) of the Passport Act):
· If it is revealed after the issuance of the passport that the holder of the passport, etc. falls under the above reasons for passport issuance refusal or restriction: Provided, That this excludes individuals who are subject to prosecution for crimes punishable by imprisonment for more than 2 years, those with stay of prosecution or suspension of investigation for crimes punishable by imprisonment for more than 3 years (limited to cases where the suspect is temporarily suspended), or those who are abroad and have warrant of arrest or warrant of custody issued against them (the passport, etc. must be kept for the specified restriction period and returned to the holder of the passport, etc. after the period).
· If the holder of the passport, etc. becomes subject to the above reasons for passport issuance refusal or restriction after receiving the passport: Provided, That this excludes individuals who are subject to prosecution for crimes punishable by imprisonment for more than 2 years, those with stay of prosecution or suspension of investigation for crimes punishable by imprisonment for more than 3 years (limited to cases where the suspect is temporarily suspended), or those who have warrant of arrest or warrant of custody issued against them (the passport, etc. must be kept for the specified restriction period and returned to the holder of the passport, etc. after the period).
·In cases where the passport was issued because of a mistake or negligence.
·In cases where a person who must obtain overseas travel permission according to Article 70 of the Military Service Act either does not obtain such permission or stays abroad beyond the permitted period
※ If the passport is not returned within the specified return period without a valid reason after receiving a return order, the passport becomes invalid (Article 13(1)8 of the Passport Act).
Measures in case of violation
- If a person does not return their passport without a valid reason after receiving a return order, the passport, etc. they possess can be directly retrieved by officials from the Ministry of Foreign Affairs or local autonomous entities in charge of the services concerning issuance of passport, etc., police officers or local police officers, or those engaged in immigration control or customs duties performing judicial police officer duties (Articles 20 and 21(3) of the Passport Act).