ENFORCEMENT DECREE OF THE ACT ON THE IMMIGRATION AND LEGAL STATUS OF OVERSEAS KOREANS

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ENFORCEMENT DECREE OF THE ACT ON THE IMMIGRATION AND LEGAL STATUS OF OVERSEAS KOREANS
[Enforcement Date 16. Aug, 2017.] [Presidential Decree No.28245, 16. Aug, 2017., Partial Amendment]
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www.law.go.kr
2018.6.10

ENFORCEMENT DECREE OF THE ACT ON THE IMMIGRATION AND LEGAL STATUS OF OVERSEAS KOREANS

[Enforcement Date 16. Aug, 2017.] [Presidential Decree No.28245, 16. Aug, 2017., Partial Amendment]

 

Article 1 (Purpose)

The purpose of this Decree is to prescribe matters delegated by the Act on the Immigration and Legal Status of Overseas Koreans and matters necessary for the enforcement thereof. <Amended by Presidential Decree No. 20321, Oct. 15, 2007; Presidential Decree No. 267521, Sep. 29, 2016>

Article 2 (Definition of Korean National Residing Abroad) (1) “A person who has acquired the right of permanent residence in a foreign country” defined in subparagraph 1 of Article 2 of the Act on the Immigration and Legal Status of Overseas Koreans (hereinafter referred to as the "Act") means a person who acquired the right of permanent residence or the status of sojourn for the purpose of long-term residence equivalent thereto from the country of residence. <Amended by Presidential Decree No. 20321, Oct. 15, 2007; Presidential Decree No. 267521, Sep. 29, 2016>

(2) “A person who is residing in a foreign country with the intent to living there permanently” defined in subparagraph 1 of Article 2 of the Act means an emigrant overseas defined in Article 2 of the Emigration Act who has not obtained the right of permanent residence from the country of residence. <Amended by Presidential Decree No. 20321, Oct. 15, 2007>

Article 3 (Definition of Foreign National Koreans)

“A person prescribed by Presidential Decree from among those who, having held 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 nationality of a foreign country” defined in subparagraph 2 of Article 2 of the Act means any of the following persons:

1. A person who had held nationality of the Republic of Korea (including those who had emigrated abroad before the Government of the Republic of Korea was established; hereafter the same shall apply in this Article) and acquired nationality of a foreign country;

2. A person, one of whose parents or grandparents had held nationality of the Republic of Korea, and who acquired nationality of a foreign country.

[This Article Wholly Amended by Presidential Decree No. 20321, Oct. 15, 2007]

Article 4 (Grant of Status of Sojourn as Overseas Korean) (1) To decide whether a foreign national Korean who applied for status of sojourn as overseas Korean under Article 3 of the Act falls under any subparagraph of Article 5 (2) of the Act, the Minister of Justice may request a background investigation and crime record investigation of the applicant to the head of the relevant agency or may seek his/her opinion regarding other necessary matters. In such cases, the head of the relevant agency shall present the investigation result or his/her opinion thereto within 30 days of the request of investigation or opinion. <Amended by Presidential Decree No. 20321, Oct. 15, 2007>

(2) When a ground exists to suspect that a foreign national Korean who applied for status of sojourn as overseas Korean falls under Article 5 (2) 3 of the Act, the Minister of Justice shall request the consultation pursuant to Article 5 (3) of the Act to the Minister of Foreign Affairs. In such cases, the Minister of Foreign Affairs shall present his/her opinion thereto within 30 days of such request: Provided, That when the Minister of Foreign Affairs presented the opinion pursuant to paragraph (3) in advance, the same shall not apply. <Amended by Presidential Decree No. 20321, Oct. 15, 2007; Presidential Decree No. 24415, Mar. 23, 2013>

(3) When a foreign national Korean applies for status of sojourn as overseas Korean to diplomatic establishments abroad, the Minister of Foreign Affairs may present his/her opinion on grant of status of sojourn as overseas Korean to the Minister of Justice even in the absence of a request for consultation made by the Minister of Justice pursuant to paragraph (2). <Amended by Presidential Decree No. 24415, Mar. 23, 2013>

(4) Articles 12 and 23 of the Enforcement Decree of the Immigration Act shall apply mutatis mutandis to the qualification requirements for and activity scope of sojourn as overseas Korean. <Amended by Presidential Decree No. 20321, Oct. 15, 2007>

Article 5 Deleted. <by Presidential Decree No. 21087, Oct. 20, 2008>

Article 5-2 (Consultation with Relevant Ministry, etc.)

The Minister of Justice may determine the following matters regarding the entry into and departure from the Republic of Korea and sojourn of overseas Korean, in consultation with the relevant Ministry or relevant organization:

1. Matters regarding improvement or modification of the system regarding the grant of status of sojourn as overseas Korean;

2. Matters regarding domestic employment and activity scope of a person acquiring status of sojourn as overseas Korean;

3. Other important matters regarding the policy of entry and departure and sojourn of overseas Korean.

[This Article Newly Inserted by Presidential Decree No. 21087, Oct. 20, 2008]

Article 6 (Definition of Place of Residence in Korea)

“A place of residence” in Article 6 (1) of the Act means a place where a person stays to reside for at least 30 days.

Article 7 (Report of Domestic Place of Residence) (1) When a foreign national Korean intends to report the domestic place of residence pursuant to Article 6 (1) of the Act, he/she shall submit the report of the domestic place of residence, including the following, to the head of an immigration office (hereinafter referred to as the "head of office") or the head of a branch of an immigration office (hereinafter referred to as the "head of branch office") having jurisdiction over the place of residence: Provided, that in cases where failing to report the domestic place of residence, he/she shall file for foreigner registration pursuant to Article 31 of the Immigration Act within 90 days from the date he/she enters the Republic of Korea: <Amended by Presidential Decree No. 25670, Oct. 28, 2014>

1. Name, gender, and date of birth of a reporter;

2. Address in country of residence;

3. Place of residence in the Republic of Korea;

4. Job;

5. Nationality and the date of acquisition thereof;

6. Passport number and the issuance date thereof;

7. Other matters prescribed by the Minister of Justice.

(2) When a foreign national Korean who resides in the Republic of Korea with a status of sojourn other than the status of sojourn as overseas Korean was granted permission to change his/her status of sojourn to overseas Korean from the Minister of Justice, he/she may report the domestic place of residence pursuant to paragraph (1).

(3) When a foreign national Korean reports the domestic place of residence pursuant to paragraphs (1) and (2), the head of office or head of branch office may request the confirmation of the fact to the head of the relevant agency to confirm the fact. <Amended by Presidential Decree No. 25670, Oct. 28, 2014>

(4) The head of the relevant agency requested to confirm the fact pursuant to paragraph (3) shall notify the head of office or head of branch office of the confirmation result within 15 days.

Article 8 Deleted. <by Presidential Decree No. 25670, Oct. 28, 2014>

Article 9 (Attached Documents for Reporting Domestic Place of Residence)

A foreign national Korean who reports the domestic place of residence under Article 7 (1) shall submit a report of the domestic place of residence by attaching a photo with dimensions of three by four centimeters and following documents thereto:

1. Copy of passport;

2. Other documents notified by the Minister of Justice in consultation with the relevant Ministry or relevant organization.

[This Article Wholly Amended by Presidential Decree No. 25670, Oct. 28, 2014]

Article 10 (Preparation and Management of Registered Record, etc. of Report of Domestic Places of Residence) (1) When a foreign national Korean reports the domestic place of residence under Article 7 (1), the head of office or head of branch office with whom such report is filed shall prepare and provide a registered record of report of domestic places of residence individually and shall prepare a register of domestic places of residence and send it to the head of the Si/Gun/Gu (including the head of an administrative Si under Article 11 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City and the head of a Gu which is not an autonomous Gu; hereinafter referred to as “the head of the Si/Gun/Gu”) or head of the Eup/Myeon/Dong having jurisdiction over the residence of the foreign national Korean. <Amended by Presidential Decree No. 20321, Oct. 15, 2007, by Presidential Decree No. 25670, Oct. 28, 2014; Presidential Decree No. 26922, Jan. 22, 2016; Presidential Decree No. 27521, Sep. 29, 2016>

(2) The head of office or head of branch office shall state the following in the registered record of report of domestic places of residence and manage it:

1. Matters of various permission or items reported;

2. Matters of change of domestic place of residence;

3. Modified matters stated in a report card of domestic place of residence;

4. Matters of reissuance of a report card of domestic place of residence;

5. Matters of returning a report card of domestic place of residence;

6. Imposition of an administrative fine under the Act and other matters of violating Acts.

(3) When the head of the Si/Gun/Gu or head of the Eup/Myeon/Dong received a register of domestic places of residence pursuant to paragraph (1), he/she shall state the matter reported in a registered record of report of domestic places of residence and provide it individually. <Newly Inserted by Presidential Decree No. 20321, Oct. 15, 2007; Presidential Decree No. 267521, Sep. 29, 2016>

Article 11 (Report, etc. of Change of Domestic Place of Residence) (1) When a person who changes a residence intends to report change of domestic place of residence pursuant to Article 6 (2) of the Act, he/she shall submit a report of change of domestic place of residence to the head of the Si/Gun/Gu or head of the Eup/Myeon/Dong, or the head of office or head of branch office, having jurisdiction over the new residence. <Amended by Presidential Decree No. 20321, Oct. 15, 2007; Presidential Decree No. 267521, Sep. 29, 2016>

(2) The head of a Si/Gun/Gu or head of an Eup/Myeon/Dong, or the head of office or head of branch office, to whom a change of domestic place of residence is reported pursuant to paragraph (1), shall state the matters of change of place of residence in the report card of domestic place of residence and issue it to a reporter. <Amended by Presidential Decree No. 20321, Oct. 15, 2007; Presidential Decree No. 267521, Sep. 29, 2016>

(3) The head of the Si/Gun/Gu or head of the Eup/Myeon/Dong to whom a change of domestic place of residence is reported pursuant to paragraph (1) shall send a copy of the report of change of domestic place of residence to the head of the Si/Gun/Gu or head of the Eup/Myeon/Dong having jurisdiction over the previous residence and shall request him/her to transfer the register of domestic places of residence of the relevant foreign national Korean, and the head of office or head of branch office to whom a change of domestic place of residence was reported shall send a copy of the report of domestic place of residence to the head of office or head of branch office having jurisdiction over the previous residence and shall request him/her to transfer the registered record of report of domestic places of residence of the relevant foreign national Korean. <Amended by Presidential Decree No. 20321, Oct. 15, 2007; Presidential Decree No. 25670, Oct. 28, 2014; Presidential Decree No. 267521, Sep. 29, 2016>

(4) The head of the Si/Gun/Gu or head of the Eup/Myeon/Dong who was notified of the report of a change of domestic place of residence pursuant to Article 6 (3) of the Act shall request the head of the Si/Gun/Gu or head of the Eup/Myeon/Dong having jurisdiction over the previous residence to transfer the register of domestic places of residence of the relevant foreign national Korean, and the head of office or head of branch office who was notified of the report shall request the head of office or head of branch office having jurisdiction over the previous residence to transfer the registered record of report of domestic places of residence. <Newly Inserted by Presidential Decree No. 20321, Oct. 15, 2007; Presidential Decree No. 25670, Oct. 28, 2014; Presidential Decree No. 267521, Sep. 29, 2016>

(5) The head of the Si/Gun/Gu or head of the Eup/Myeon/Dong, or the head of office or head of branch office, having jurisdiction over the previous residence, who was requested to transfer the record pursuant to paragraph (3) or (4) shall arrange the register of domestic places of residence or the registered record of report of domestic places of residence, attach relevant documents thereto, and transfer it to the head of the Si/Gun/Gu or head of the Eup/Myeon/Dong, or the head of office or head of branch office, having jurisdiction over the new residence within three days from the date when he/she was requested. <Newly Inserted by Presidential Decree No. 20321, Oct. 15, 2007; Presidential Decree No. 267521, Sep. 29, 2016>

(6) The head of the Si/Gun/Gu or head of the Eup/Myeon/Dong who received the register of domestic places of residence and the relevant documents shall keep a record of them in the list of reporters of domestic places of residence pursuant to Article 10 (3) and shall manage them. <Newly Inserted by Presidential Decree No. 20321, Oct. 15, 2007; Presidential Decree No. 267521, Sep. 29, 2016>

Article 12 (Issuance, etc. of Report Card of Domestic Place of Residence) (1) When the head of office or head of branch office with whom a report of place of residence was filed pursuant to Article 7, he/she shall grant the individual report number of the domestic place of residence to an applicant pursuant to Article 7 (1) of the Act and shall stamp a seal of report of domestic place of residence in passport, etc.

(2) When the head of office or head of branch office issues a report card of domestic place of residence pursuant to Article 7 (1) of the Act, he/she shall state such fact in the register of domestic places of residence of foreign national Korean. <Amended by Presidential Decree No. 25670, Oct. 28, 2014>

(3) Methods of granting the report number of the domestic place of residence shall be prescribed by Ordinance of the Ministry of Justice.

Article 13 (Reissuance of Report Card of Domestic Place of Residence) (1) The head of office or head of branch office may reissue a report card of domestic place of residence to a person who was issued with a report card of domestic place of residence, where any of the following grounds exists: <Amended by Presidential Decree No. 27521, Sep. 29, 2016>

1. When a report card of domestic place of residence was lost;

2. When a report card of domestic place of residence was damaged:

3. When the space where the necessary matters shall be stated lacks;

4. When the name, date of birth, nationality or country of residence under Article 7 (2) of the Act is changed.

(2) A person who intends to have a report card of domestic place of residence reissued pursuant to paragraph (1) shall attach the document explaining the grounds for reissuance and a photo to the reissuance application of report card of domestic place of residence and shall submit it to the head of office or head of branch office. In such cases, when he/she applies for the reissuance on the grounds under subparagraphs 2 through 4 of paragraph (1), he/she shall attach the original report card of place of residence to the application. <Amended by Presidential Decree No. 27521, Sep. 29, 2016>

(3) When the head of office or head of branch office reissues a report card of domestic place of residence, he/she shall state the necessary matters in the registered record of report of domestic places of residence and shall destroy the report card of domestic place of residence submitted pursuant to the latter part of paragraph (2). <Amended by Presidential Decree No. 26312, Jun. 15, 2015>

(4) When the head of office or head of branch office reissues a report card of domestic place of residence on the ground referred to in paragraph (1) 4, he/she shall attach a copy of the reissuance application of report card of domestic place of residence and shall notify the head of the Si/Gun/Gu or head of the Eup/Myeon/Dong having jurisdiction over the residence, of such fact. <Newly Inserted by Presidential Decree No. 20321, Oct. 15, 2007; Presidential Decree No. 267521, Sep. 29, 2016>

(5) The head of the Si/Gun/Gu or head of the Eup/Myeon/Dong notified under paragraph (4) shall arrange the register of domestic places of residence and relevant record without delay. <Newly Inserted by Presidential Decree No. 20321, Oct. 15, 2007; Presidential Decree No. 267521, Sep. 29, 2016>

Article 14 (Return, etc. of Report Card of Domestic Place of Residence) (1) “When a foreign national Korean does not need to possess the report card of domestic place of residence any longer” in Article 8 of the Act means any of the following: <Amended by Presidential Decree No. 25670, Oct. 28, 2014>

1. When a foreign national Korean acquires a Korean nationality;

2. When a foreign national Korean becomes disqualified for sojourn as overseas Korean;

3. and 4. Deleted; <by Presidential Decree No. 25670, Oct. 28, 2014>

5. When a foreign national Korean dies in the Republic of Korea;

6. When a foreign national Korean departs from the Republic of Korea without an intention to reenter within the period of sojourn under the status of sojourn as overseas Korean.

(2) The time and method of returning the report card of domestic place of residence for a foreign national Korean under Article 8 of the Act shall be as follows: <Amended by Presidential Decree No. 20321, Oct. 15, 2007, Presidential Decree No. 25670, Oct. 28, 2014; Presidential Decree No. 267521, Sep. 29, 2016>

1. In cases falling under paragraph (1) 1 and 2, a foreign national Korean shall submit the report card of domestic place of residence to the head of office or head of branch office within 14 days from the date the ground occurs. In such cases, any of his/her relatives residing together may also submit it;

2. In cases falling under paragraph (1) 5, the cohabiters or relatives of a foreign national Korean or persons who manage a place of his/her death may submit the report card of domestic place of residence to the head of office or head of branch office with a certificate or other documents proving his/her death attached thereto;

3. In cases falling under paragraph (1) 6, a foreign national Korean shall submit the report card of domestic place of residence to the head of office or head of branch office having jurisdiction over the port of departure when departing or shall submit it to the head of office or head of branch office having jurisdiction over the residence within 14 days from the date of departure.

(3) When the report card of domestic place of residence is returned to the head of office or head of branch office having jurisdiction over a port of departure pursuant to paragraph (1) 6, he/she shall notify such fact to the head of office or head of branch office having jurisdiction over the residence, without delay.

(4) When a foreign national Korean who reported the domestic place of residence, falls under any of the following, the head of office or head of branch office having jurisdiction over the residence, shall arrange the registered record of report of domestic places of residence, without delay, and shall notify it to the head of the Si/Gun/Gu or head of the Eup/Myeon/Dong having jurisdiction over the residence of the foreign national Korean: <Amended by Presidential Decree No. 20321, Oct. 15, 2007, Presidential Decree No. 25670, Oct. 28, 2014; Presidential Decree No. 267521, Sep. 29, 2016>

1. When a foreign national Korean returns the report card of domestic place of residence on the grounds under any subparagraph of paragraph (1);

2. When the fact under any subparagraph of paragraph (1) is verified;

3. When the head of office or head of branch office having jurisdiction over the residence was notified pursuant to paragraph (3), from the head of office or head of branch office having jurisdiction over the port of departure, that the report card of domestic place of residence was returned.

(5) The head of the Si/Gun/Gu or head of the Eup/Myeon/Dong notified under paragraph (4) shall, without delay, state the fact of notification in the register of domestic places of residence. <Amended by Presidential Decree No. 20321, Oct. 15, 2007; Presidential Decree No. 267521, Sep. 29, 2016>

(6) Where the report card of domestic place of residence is returned to the head of office or head of branch office pursuant to Article 8 of the Act, he/she shall destroy the report card of domestic place of residence, after following the procedure under paragraphs (3) and (4). <Newly Inserted by Presidential Decree No. 26312, Jun. 15, 2015>

Article 14-2 (Management of Duties Using Information and Communications Networks)

The head of a Si/Gun/Gu head of an Eup/Myeon/Dong, or the head of office or head of branch office may manage duties regarding the issuance of a fact certificate of the report of domestic place of residence under Article 7 (5) of the Act, preparation and management of registered record, etc. of report of domestic places of residence under Article 10, report of change of domestic place of residence under Article 11, notification of reissuance of report card of domestic place of residence under Article 13 (4) and (5), and return, etc. of report card of domestic place of residence under Article 14, by data matching using information and communications networks. <Amended by Presidential Decree No. 27521, Sep. 29, 2016>

[This Article Newly Inserted by Presidential Decree No. 20321, Oct. 15, 2007]

Article 15 (Relations with Resident Registration, etc.)

The purport that a report card of domestic place of residence may substitute a resident registration certificate or a alien registration card under Article 9 of the Act shall be stated in the report card of domestic place of residence.

Article 16 (Extension, etc. of Period of Sojourn) (1) When a foreign national Korean who applies for the extension of the period of sojourn pursuant to Article 10 (2) of the Act, falls under any of the following, the Minister of Justice need not permit it: Provided, That in cases falling under subparagraph 1, he/she shall not permit it: <Amended by Presidential Decree No. 21087, Oct. 20, 2008; Presidential Decree No. 267521, Sep. 29, 2016>

1. When he/she falls under Article 5 (2) of the Act;

2. When he/she violates the Act or the Immigration Act;

3. When he/she was sentenced to imprisonment without labor or greater punishment;

4. Other cases where the Minister of Justice gives notification in consultation with the relevant Ministry or relevant organization.

(2) The standard for permission for extension of the period of sojourn under paragraph (1) shall be determined by the Minister of Justice in consultation with relevant Ministry or relevant organization. <Amended by Presidential Decree No. 21087, Oct. 20, 2008>

(3) Articles 31, 33, and 34 of the Enforcement Decree of the Immigration Act shall apply mutatis mutandis to the procedure for granting permission for extension of the period of sojourn for foreign national Koreans. <Amended by Presidential Decree No. 20321, Oct. 15, 2007; Presidential Decree No. 267521, Sep. 29, 2016>

Article 17 (Acquisition and Possession of Real Estates)

@Article 5 (1) of the Enforcement Decree of the Act on Report on Real Estate Transactions, Etc. shall apply mutatis mutandis to the procedure for reporting when a foreign national Korean intends to acquire or possess a domestic real estate pursuant to Article 11 (1) of the Act. In such cases, he/she shall attach a copy of the report card of place of domestic residence issued under Article 7 of the Act. <Amended by Presidential Decree No. 20321, Oct. 15, 2007; Presidential Decree No. 27793, Jan. 17, 2017>

Article 17-2 (Management of Sensitive Information and Personally Identifiable Information)

The Minister of Justice, the head of office or head of branch office, or the head of a Si/Gun/Gu or head of an Eup/Myeon/Dong (including a person to whom the relevant authority is delegated or entrusted, when the authority is delegated or entrusted) may manage information regarding thought, beliefs, or health under Article 23 of the Personal Information Protection Act, genetic information or criminal record data referred to in subparagraph 1 or 2 of Article 18 of the Enforcement Decree of the same Act, or data containing resident registration numbers, passport numbers, or alien registration numbers under subparagraph 1, 2, or 4 of Article 19 of the Enforcement Decree of the same Act, where it is inevitable to conduct the following: <Amended by Presidential Decree No. 27521, Sep. 29, 2016>

1. Affairs regarding grant of status of sojourn as overseas Korean under Article 5 of the Act;

2. Affairs regarding report of a domestic place of residence under Article 6 of the Act;

3. Affairs regarding issuance and reissuance of a report card of domestic place of residence and issuance of a fact certificate of the report of domestic place of residence under Article 7 of the Act;

4. Affairs regarding return of a report card of domestic place of residence under Article 8 of the Act;

5. Other necessary matters for performing affairs under subparagraphs 1 through 4.

[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]

Article 17-3 (Re-Examination of Regulation)

The Minister of Justice shall examine the appropriateness of the following matters every three years counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements: <Amended by Presidential Decree No. 27751, Dec. 30, 2016>

1. Attached documents in reporting a domestic place of residence under Article 9: January 1, 2017;

2. Procedure for reporting change of domestic place of residence under Article 11: January 1, 2017;

3. Time and method for returning a report card of domestic place of residence under Article 14 (2): January 1, 2017;

4. Standard for permission of extension of period of sojourn under Article 16 (1): January 1, 2017.

[This Article Newly Inserted by Presidential Decree No. 25954, Dec. 31, 2014]

Article 18 (Guidelines for Imposition of Administrative Fines)

The guidelines for imposition of administrative fines under Article 17 (1) and (2) of the Act shall be specified in the attached Table.

[This Article Wholly Amended by Presidential Decree No. 28245, Aug. 16, 2017]

 

ADDENDA <Presidential Decree No. 18129, Nov. 20, 2003>

This Decree shall enter into force on December 29, 2003.

 

ADDENDA <Presidential Decree No. 18312, Mar. 17, 2004>

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

 

ADDENDA <Presidential Decree No. 19507, Jun. 12, 2006>

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

 

ADDENDA <Presidential Decree No. 19904, Feb. 28, 2007>

Article 1 (Enforcement Date)

This Decree shall enter into force on March 4, 2007.

Articles 2 through 4 Omitted.

 

ADDENDA <Presidential Decree No. 20321, Oct. 15, 2007>

This Decree shall enter into force on the date of its promulgation: Provided, That Article 8 (1) 5 and the main body of Article 9 (1) (limited to the part regarding the family relation register and the certificate of family relation register), shall enter into force on January 1, 2008.

 

ADDENDA <Presidential Decree No. 20674, Feb. 29, 2008>

Article 1 (Enforcement Date)

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

Articles 2 and 3 Omitted.

 

ADDENDA <Presidential Decree No. 21087, Oct. 20, 2008>

Article 1 (Enforcement Date)

This Decree shall enter into force on the date of its promulgation: Provided, That Article 10 shall enter into force on November 1, 2008, Articles 24 through 26 on January 1, 2010, Article 29 on July 1, 2009, and Article 48 on January 1, 2013.

Article 2 (Transitional Measures following Amendment to the Decree on Disciplinary Action against Public Officials)

(1) The first central disciplinary committee and the second central disciplinary committee under the previous Decree on Disciplinary Action against Public Officials as at the time this Decree enters info force shall be deemed the central disciplinary committee under this Decree.

(2) A request for decision of disciplinary action received by the first central disciplinary committee and the second central disciplinary committee pursuant to the previous Decree on Disciplinary Action against Public Officials as at the time this Decree enters info force shall be deemed to be received by the central disciplinary committee under this Decree.

(3) A decision of the first central disciplinary committee and the second central disciplinary committee made pursuant to the previous Decree on Disciplinary Action against Public Officials as at the time this Decree enters info force shall be deemed a decision of the central disciplinary committee under this Decree.

(4) Members of the second central disciplinary committee under the previous Decree on Disciplinary Action against Public Officials as at the time this Decree enters info force shall be deemed appointed or commissioned as members of the central disciplinary committee under this Decree.

Article 3 (Transitional Measures following Amendment to the Enforcement Decree of the Framework Act on Logistics Policies)

Matters performed by the Minister of Land, Transport and Maritime Affairs after the deliberation and decision of the committee of logistics administrator test pursuant to the previous the Enforcement Decree of the Framework Act on Logistics Policies as at the time this Decree enters info force shall be deemed performed by the Minister of Land, Transport and Maritime Affairs under this Decree.

 

ADDENDA <Presidential Decree No. 22151, May 4, 2010>

Article 1 (Enforcement Date)

This Decree shall enter into force on May 5, 2010.

Articles 2 through 4 Omitted.

 

ADDENDA <Presidential Decree No. 22467, Nov. 2, 2010>

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

 

ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>

Article 1 (Enforcement Date)

This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)

 

ADDENDA <Presidential Decree No. 24415, Mar. 23, 2013>

Article 1 (Enforcement Date)

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

Articles 2 and 3 Omitted.

 

ADDENDA <Presidential Decree No. 25670, Oct. 28, 2014>

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

 

ADDENDA <Presidential Decree No. 25954, Dec. 31, 2014>

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

 

ADDENDA <Presidential Decree No. 26312, Jun. 15, 2015>

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

 

ADDENDA <Presidential Decree No. 26922, Jan. 22, 2016>

Article 1 (Enforcement Date)

This Decree shall enter into force on January 25, 2016.

Articles 2 through 6 Omitted.

 

ADDENDA <Presidential Decree No. 27521, Sep. 29, 2016>

This Decree shall enter into force on September 30, 2016.

 

ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>

Article 1 (Enforcement Date)

This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)

Articles 2 through 12 Omitted.

 

ADDENDA <Presidential Decree No. 27793, Jan. 17, 2017>

Article 1 (Enforcement Date)

This Decree shall enter into force on January 20, 2017.

Articles 2 through 5 Omitted.

 

ADDENDA <Presidential Decree No. 28245, Aug. 16, 2017>

Article 1 (Enforcement Date)

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

Article 2 (Applicability concerning Imposition of Administrative Fines)

The imposition of an administrative fine for a violation committed before this Decree enters into force shall not be taken into account in the number of violations calculated under the amended provisions of the attached Table.

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.