The use of a passport in any specific country or region may be restricted to protect Korean lives, persons, or property.
Restrictions on passport usage
- The Minister of Foreign Affairs can restrict or prohibit (hereinafter “restrictions on passport usage, etc.”) the use of a passport in a specific country or region for a specified period to protect the lifes, persons, or property of citizens when it is deemed necessary to stop citizens from visiting or staying in a specific country or region because of a crisis occurring outside the territory of the Republic of Korea that falls under any of the following situations (Article 17(1) of the Passport Act; Article 28 of the Enforcement Decree of the Passport Act):
·Large-scale natural disasters such as typhoons, tidal waves, earthquakes, and other similar events;
· Situations where war has occurred or there is a very high possibility of it occurring;
· Situations where there are uprisings or riots, causing the country’s public order maintenance functions to be severely paralyzed and not functioning normally;
·Situations where a large-scale terrorist attack has occurred or there is a very high possibility of it occurring;
· Large-scale explosion accidents, chemical, biological, and radiological accidents, environmental pollution accidents, and other similar disasters; or
·Situations where a large-scale infectious disease outbreak has paralyzed the country’s health and medical functions, preventing them from functioning normally.
Even in places where passport usage is restricted, there can be exceptions allowing its use.
Reasons for permission
- The Minister of Foreign Affairs can permit the use of a passport and allow visits or stays even in countries or regions where passport use is restricted or visits/stays are prohibited, in the following cases (proviso to Article 17(1) of the Passport Act; Article 29(1) of the Enforcement Decree of the Passport Act):
1. For those who have acquired permanent residency or a similar right in the target country or region at the time of the passport restriction and it is clearly recognized that they continue to reside there as their primary place of residence;
2. For public interest journalism or reporting; or
3. In urgent cases of needing to leave the country because of the death or a serious illness or accident of a person residing abroad, who is:
a. A spouse
b. A direct ascendant, descendant, or sibling of the individual;
c. A direct ascendant, or descendant, or sibling of the spouse;
4. For official activities of national agencies or international organizations performing diplomatic, security missions, or protection of citizens abroad;
5. To perform tasks related to national interests or business activities upon recommendation from the head of the relevant central administrative agency (specifically detailing the purpose and content of the task); or
6. Other cases similar to 1 through 5 above, which the Minister of Foreign Affairs specifically deems necessary.
Penalties for violation:
- Those who knowingly use a passport or visit or stay in a country or region where visits and stays are prohibited without obtaining permission will be subject to imprisonment for up to one year or a fine of up to KRW 10 million (Subparagraph 3 of Article 26 of the Passport Act).
Unauthorized use and transfer of passports are prohibited.
Prohibition of unauthorized usage
- A passport that has been altered, transferred to another person, or rented out becomes invalid (Article 13(1)5 and 6 of the Passport Act).
- Anyone who commits the following acts will be penalized as follows (Subparagraphs 2 through 5 of Article 16, Article 25, and Subparagraphs 1 and 2 of Article 26 of the Passport Act):
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Prohibited Acts
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Penalties for Violation
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▪ Using someone else’s passport ▪ Transferring, renting, or facilitating the transfer or rental of a passport to another person for use
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2 years imprisonment or a fine of up to KRW 20 million
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▪ Receiving or renting someone else’s passport for use ▪ Providing or receiving a passport as collateral for debt repayment
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1 year imprisonment or a fine of up to KRW 10 million
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- Passports held by those who commit any of the above acts can be directly confiscated by officials from the Ministry of Foreign Affairs in charge of the services concerning issuance of passport, etc., local self-governing bodies, police officers, local police officers, or those performing judicial police duties in immigration control or customs (Articles 20 and 21(3) of the Passport Act).