ACT ON THE IMMIGRATION AND LEGAL STATUS OF OVERSEAS KOREANS

법령, 판례 등 모든 법령정보를 한 번에 검색 OK !
ACT ON THE IMMIGRATION AND LEGAL STATUS OF OVERSEAS KOREANS
[Enforcement Date 30. Sep, 2016.] [Act No.14173, 29. May, 2016., Partial Amendment]
법무부(외국인정책과) 02-2110-4116
법제처 국가법령정보센터
www.law.go.kr
2018.6.10

ACT ON THE IMMIGRATION AND LEGAL STATUS OF OVERSEAS KOREANS

[Enforcement Date 30. Sep, 2016.] [Act No.14173, 29. May, 2016., Partial Amendment]

 

Article 1 (Purpose)

The purpose of this Act is to ensure overseas Koreans the entry into and departure from the Republic of Korea and the legal status therein.

[This Article Wholly Amended by Act No. 8896, Mar. 14, 2008]

Article 2 (Definitions)

The term "overseas Korean" in this Act means a person who falls under any of the following subparagraphs:

1. A national of the Republic of Korea who has acquired the right of permanent residence in a foreign country or is residing in a foreign country with a view to living there permanently (hereinafter referred to as a "Korean national residing abroad");

2. A person prescribed by Presidential Decree from among those who, having held the nationality of the Republic of Korea (including those who had emigrated abroad before the Government of the Republic of Korea was established) or as their lineal descendants, have acquired the nationality of a foreign country (hereinafter referred to as a "foreign nationality Korean").

[This Article Wholly Amended by Act No. 8896, Mar. 14, 2008]

Article 3 (Scope of Application)

This Act shall apply with respect to the entry into and departure from the Republic of Korea and the legal status therein of Korean nationals residing abroad and foreign nationality Koreans who have the qualification for sojourn as overseas Korean (hereinafter referred to as the "qualification for sojourn as overseas Korean") from among the qualifications for sojourn under Article 10 of the Immigration Act.

[This Article Wholly Amended by Act No. 8896, Mar. 14, 2008]

Article 4 (Duty of Government)

The Government shall give necessary support to overseas Korean lest he/she should suffer unfair regulation or treatment in the Republic of Korea.

[This Article Wholly Amended by Act No. 8896, Mar. 14, 2008]

Article 5 (Grant of Qualification for Sojourn as Overseas Korean) (1) The Minister of Justice may grant qualification for sojourn as overseas Korean to a foreign nationality Korean who intends to engage himself/herself in activities in the Republic of Korea based on his/her application thereto.

(2) Where a foreign nationality Korean has a reason falling under any of the following subparagraphs, the Minister of Justice shall not grant him/her qualification for sojourn as overseas Korean under paragraph (1): Provided, That when a foreign nationality Koran falling under subparagraph 1 or 2 has become 38 years old, the same shall not apply: <Amended by Act No. 10275, May. 4, 2010; Act No. 10543, Apr. 5, 2011>

1. Where a male who became a multiple national as he was born in a foreign country and acquired a foreign nationality while his lineal ascendants stayed in a foreign country without any purpose of permanent residence in a foreign country, and became a foreigner with a view to evading military service by renouncing the nationality of the Republic of Korea before January 1 of the year when he becomes 18 years old according to obligation of nationality selection of a dual national under the former provisions of Article 12 prior to enforcement of Act No. 7499, the amended Nationality Act;

2. Where a male of the Republic of Korea became a foreigner with a view to evading military service by acquiring a foreign nationality and by losing the nationality of the Republic of Korea;

3. Where it is apprehensive that he may impair the interests of the Republic of Korea, such as national security, maintenance of public order, public welfare and diplomatic relations of the Republic of Korea.

(3) When the Minister of Justice grants a foreign nationality Korean qualification for sojourn as overseas Korean under paragraphs (1) and (2), he/she shall consult with the Minister of Foreign Affairs as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>

(4) The requirements for acquisition of qualification for sojourn as overseas Korean and the scope of activities of a person who has acquired such qualification shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 8896, Mar. 14, 2008]

Article 6 (Reporting on Place of Residence in Korea) (1) A foreign nationality Korean who has entered the Republic of Korea with qualification for sojourn as overseas Korean may fix a place of residence in the Republic of Korea and report the place of residence to the head of a local immigration office or alien registration office having jurisdiction over the place of residence. <Amended by Act No. 12421, Mar. 18, 2014; Act No. 12593, May 20, 2014>

(2) When the place of residence reported under paragraph (1) is changed, such change shall be reported to the head of a Si/Gun/Gu (including a Gu which is not an autonomous Gu; hereinafter the same shall apply in this Article and Article 7) or an Eup//Dong in which the new residence is located, or the head of a local immigration office or alien registration office having jurisdiction over the place of new residence within 14 days. <Amended by Act No. 12421, Mar. 18, 2014; Act No. 14173, May 29, 2016>

(3) Upon receipt of a report on the change of the place of residence under paragraph (2), the head of a local immigration office or alien registration office shall notify the head of a Si/Gun/Gu (including a Gu which is not an autonomous Gu; hereinafter the same shall apply in this Article and Article 7) or an Eup//Dong in which the new residence is located and, the head of a Si/Gun/Gu, in turn, shall notify the head of office or the head of a local immigration office or alien registration office having jurisdiction over the place of new residence, respectively. <Amended by Act No. 12421, Mar. 18, 2014; Act No. 14173, May 29, 2016>

(4) Items to be stated in the report on the domestic place of residence, accompanying documents, and procedures for filing reports, and other necessary matters shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 8896, Mar. 14, 2008]

Article 7 (Issuance of Report Cards of Domestic Place of Residence, etc.) (1) The head of a local immigration office or alien registration office shall grant the report number of the place of residence to a foreign nationality Korean who has reported his/her place of residence under Article 6, and shall issue the report card of the place of residence to the foreign nationality Korean: <Amended by Act No. 12421, Mar. 18, 2014; Act No. 12593, May 20, 2014>

(2) The following details shall be stated in the report card of domestic place of residence issued under paragraph (1):

1. Report number of the domestic place of residence;

2. Name;

3. Gender;

4. Date of birth;

5. Nationality;

6. Residing country;

7. Place of residence in the Republic of Korea, etc.

(3) The head of a local immigration office or alien registration office shall prepare and keep the register of reports on the domestic place of residence and other related documents, as prescribed by Presidential Decree. <Amended by Act No. 12421, Mar. 18, 2014>

(4) A person who intends to have his/her report card of domestic place of residence re-issued as he/she has lost or damaged his/her report card of domestic place of residence issued under paragraph (1) or due to other reasons prescribed by Presidential Decree shall apply for re-issuance of the report card to the head of a local immigration office or alien registration office. <Amended by Act No. 12421, Mar. 18, 2014>

(5) The head of a local immigration, alien registration office, or the head of a Si/Gun/Gu or an Eup//Dong may issue a certificate to a person who has filed a report on the domestic place of residence under Article 6 or allow such person to peruse such certificate, as prescribed by Ordinance of the Ministry of Justice, attesting that he/she has filed a report on domestic place of residence. <Amended by Act No. 9140, Dec. 19, 2008; Act No. 12421, Mar. 18, 2014; Act No. 14173, May 29, 2016>

(6) A person who applies for issuance and re-issuance of the report card of domestic place of residence under paragraphs (1) and (4), or issuance of the certificate of the report of domestic place of residence under paragraph (5) shall pay a fee prescribed by Ordinance of the Ministry of Justice.

[This Article Wholly Amended by Act No. 8896, Mar. 14, 2008]

Article 8 (Return of Report Cards of Domestic Place of Residence)

When a foreign nationality Korean no longer need to hold the report card of domestic place of residence, he/she shall return it to the head of a local immigration office or alien registration office within 14 days from the date such reason arises, as prescribed by Presidential Decree. <Amended by Act No. 12421, Mar. 18, 2014; Act No. 12593, May 20, 2014>

[This Article Wholly Amended by Act No. 8896, Mar. 14, 2008]

Article 9 (Relations with Citizen Registration, etc.)

Where a citizen registration card, a certified copy and abstract of citizen registration, a foreigner registration card, or a fact certificate of foreigner registration is required for various kinds of procedures and business relations, etc. prescribed in Acts and subordinate statutes, a report card of domestic place of residence or a fact certificate of report of domestic place of residence may substitute for each of them.

[This Article Wholly Amended by Act No. 8896, Mar. 14, 2008]

Article 10 (Immigration and Sojourn) (1) The length of sojourn under qualification for sojourn as overseas Korean shall be up to three years at the longest. <Amended by Act No. 9140, Dec. 19, 2008>

(2) The Minister of Justice may grant permit for extension of the length of sojourn to a foreign nationality Korean who is going to stay continuously in the Republic of Korea exceeding the length of sojourn under paragraph (1) as prescribed by Presidential Decree: Provided, That where there is any reason falling under any subparagraph of Article 5 (2), the same shall not apply.

(3) Where a foreign nationality Korean who has reported the domestic place of residence departs from and reenters the Republic of Korea within the length of sojourn, reentry permit under Article 30 of the Immigration Act shall not be required.

(4) A foreign nationality Korean who has reported the place of residence in the Republic of Korea or the change of such place of residence shall be deemed to have completed the foreigner registration under Article 31 of the Immigration Act and the report on change of the place of sojourn under Article 36 of the same Act.

(5) Employment and other economic activities of a foreign nationality Korean who has been granted qualification for sojourn as overseas Korean shall be freely permitted to the extent that he/she does not impair social order or economic stability.

[This Article Wholly Amended by Act No. 8896, Mar. 14, 2008]

Article 11 (Real Estate Transactions, etc.) (1) A foreign nationality Korean who has reported the domestic place of residence shall have equal rights with a Korean national in the acquisition, possession, utilization, and disposal of real estate in the Republic of Korea other than the cases under Article 9 (1) 1 of the Act on Report on Real Estate Transactions, Etc.: Provided, That such activities shall be reported under Article 3 (1) and Article 8 of the Act on Report on Real Estate Transactions, Etc. <Amended by Act No. 13797, Jan. 19, 2016>

(2) Where a foreign nationality Korean who has reported the domestic place of residence either registers the real right concerning real estate in the real name, which is registered or will be registered in the name of title trustee under the title trustee agreement prior to enforcement of the Act on the Registration of Real Estate under Actual Titleholder's Name, or disposes of it by sale, etc. pursuant to Article 11 (1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder's Name within one year after the enforcement of this Act, Article 12 (1) and (2) of the same Act shall not apply.

[This Article Wholly Amended by Act No. 8896, Mar. 14, 2008]

Article 12 (Financial Transactions)

A Korean national residing abroad who has completed resident registration and a foreign nationality Korean who has reported the domestic place of residence shall enjoy equal rights with a national of the Republic of Korea who is a resident under the Foreign Exchange Transactions Act when using domestic financial institution, such as opening a deposit account or installment savings account, application of interest rates, and making deposits and withdrawals: Provided, That the same shall not apply to reporting on capital transactions, etc. under Article 18 of the Foreign Exchange Transactions Act. <Amended by Act No. 12593, May 20, 2014>

[This Article Wholly Amended by Act No. 8896, Mar. 14, 2008]

Article 13 (Foreign Exchange Transactions)

Where a Korean national residing abroad exports payment means falling under any of the following subparagraphs or pays abroad, the Korean national residing abroad shall be equally treated with a foreign nationality Korean in the application of Articles 15 and 17 of the Foreign Exchange Transactions Act:

1. Proceeds from sale or disposal of the real estate in cases of the disposal by sale or by expropriation of the real estate in the Republic of Korea which has been possessed by a Korean national residing abroad before residing abroad;

2. Payment means imported or paid from abroad into the Republic of Korea.

[This Article Wholly Amended by Act No. 8896, Mar. 14, 2008]

Article 14 (Health Insurance)

Where a Korean national residing abroad who has completed resident registration and a foreign nationality Korean who has reported the domestic place of residence stays in the Republic of Korea for at least ninety days, he/she may seek the benefit of health insurance, as prescribed by health insurance-related Acts and subordinate statutes. <Amended by Act No. 12593, May 20, 2014>

[This Article Wholly Amended by Act No. 8896, Mar. 14, 2008]

Article 15 Deleted. <by Act No. 6328, Dec. 30, 2000>

Article 16 (Patriots and Veterans Benefit to Persons of Distinguished Services to State, Persons of Distinguished Services to Independence and Their Bereaved Family)

A foreign nationality Korean shall be entitled to receive the patriots and veterans benefit under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State or the Act on the Honorable Treatment of Persons of Distinguished Services to Independence.

[This Article Wholly Amended by Act No. 8896, Mar. 14, 2008]

Article 17 (Administrative Fines) (1) Any person who fails to report on the change of his/her domestic place of residence, in violation of Article 6 (2), shall be subject to an administrative fine for negligence not exceeding two million.

(2) Any person who fails to return his/her report card of domestic place of residence, in violation of Article 8, shall be subject to an administrative fine not exceeding one million.

(3) Administrative fines referred to in paragraph (1) or (2) shall be imposed and collected by the head of a local immigration office or alien registration office, as prescribed by Presidential Decree. <Amended by Act No. 12421, Mar. 18, 2014>

(4) through (6) Deleted. <by Act No. 9140, Dec. 19, 2008>

[This Article Wholly Amended by Act No. 8896, Mar 14, 2008]

 

ADDENDA <Act No. 6124, Jan. 12, 2000>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation.

Articles 2 through 6 Omitted.

 

ADDENDA <Act No. 6307, Dec. 29, 2000>

(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.

(2) (Special Cases concerning Right to Receive Compensation) Any person who is entitled to receive compensation under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State or the Act on the Honorable Treatment of Persons of Distinguished Services to Independence at the time this Act enters into force shall be deemed a person having the right to receive the compensation, notwithstanding the amendments to Article 16.

 

ADDENDA <Act No. 6328, Dec. 30, 2000>

Article 1 (Enforcement Date)

This Act shall enter into force on January 1, 2001. (Proviso Omitted.)

Articles 2 through 15 Omitted.

 

ADDENDA <Act No. 7173, Mar. 5, 2004>

This Act shall enter into force on the date of its promulgation.

 

ADDENDA <Act No. 7768, Dec. 29, 2005>

This Act shall enter into force on the date of its promulgation.

 

ADDENDA <Act No. 7873, Mar. 3, 2006>

Article 1 (Enforcement Date)

This Act shall enter into force on January 1, 2007. (Proviso Omitted.)

Articles 2 through 8 Omitted.

 

ADDENDA <Act No. 8500, Jul. 13, 2007>

This Act shall enter into force three months after the date of its promulgation.

 

ADDENDA <Act No. 8896, Mar. 14, 2008>

This Act shall enter into force on the date of its promulgation.

 

ADDENDA <Act No. 9140, Dec. 19, 2008>

This Act shall enter into force six months after the date of its promulgation.

 

ADDENDA <Act No. 10275, May. 4, 2010>

Article 1 (Enforcement Date)

This Act shall enter into force on January 1, 2011. (Proviso Omitted.)

Articles 2 through 4 Omitted.

 

ADDENDA <Act No. 10543, Apr. 5, 2011>

(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.

(2) (Applicability) The amended provision of Article 5 (2) shall be applilied to cases of filing applications for qualification for sojourn as overseas Korean on and after this Act enters into force.

 

ADDENDA <Act No. 11690, Mar. 23, 2013>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation.

Articles 2 through 7 Omitted.

 

ADDENDA <Act No. 12421, Mar. 18, 2014>

Article 1 (Enforcement Date)

This Act shall enter into force three months after the date of its promulgation.

Articles 2 and 3 Omitted.

 

ADDENDA <Act No. 12593, May 20, 2014>

Article 1 (Enforcement Date)

This Act shall enter into force on January 22, 2015.

Article 2 (Transitional Measures)

For a Korean national residing abroad who has reported the domestic place of residence pursuant to the former provisions as at the time this Act enters into force, who fails to report the domestic place of residence pursuant to Article 10-2 of the partially amended Resident Registration Act No. 12279 ever after this Act enters into force, the report of the domestic place of residence and the report card of the domestic place of residence filed and issued under the former provisions remain valid until June 30, 2016 and the effect of the report of the domestic place of residence and the report card of the domestic place of residence of all Korean nationals residing abroad becomes void from July 1, 2016.

 

ADDENDA <Act No. 13797, Jan. 19, 2016>

Article 1 (Enforcement Date)

This Act shall enter into force one year after the date of its promulgation.

Articles 2 through 11 Omitted.

 

ADDENDA <Act No. 14173, May 29, 2016>

This Act shall enter into force on September 30.