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87 Knowledge of Immigration law 01. Entry procedures Submission of an entry card Foreign nationals wishing to enter Korea should fill out on entry card and submit it to an immigration inspector(exempt : registered aliens and domestic residents) Fingerprinting and photographing for entry inspection Foreign nationals aged 17 or older will be required to be fingerprinted and face photographed during entry inspection. Refusal to submit such biometric information may result in denied entry into Korea. (completely effective from 2012) 02. Residence Visa type eligible to work Working visa category C-4, E-1, E-2, E-3, E-4, E-5, E-6, E-7, E-9, E-10, F-2, F-4, F-5, F-6, H-1, H-2, etc. Short term visa(c-1c-3) holders are not allowed to work in Korea, and violation against this may result in deportation. Duties of long term visa holders Holders of long term visa valid over 90 days should visit Immigration Office covering his/her residence and apply for alien registration within 90 days from his/her arrival. Foreign nationals (aged 17 or older) are required to be fingerprinted (for ten fingers) and photographed(a facial image) when they apply for alien registration

88 and refusal to register such biometric information may result in rejection for extension of period of stay.(effective from July, 2011) If there is a change in the registered information including address, foreign nationals should report such change within 14 days after the date of occurrence. Registered information : namedate of birthnationality, passport(number issue datevalidity), name change of company(or organization) Extension of period of stay and change of visa status Foreign nationals wishing to extend the period of stay should apply for the extension before the authorized expiry date. On-line application is available for the following services at ( : extension of short term stay for up to 90 days, extension of long term stay for D-1, D-5, D-6, E-1, E-3, E-4, E-5, E-9, F-4, H-1, H-2 holders, re-entry permit and etc. Foreign nationals wishing to change their visa status should apply for a prior approval for the change of status. Permission of participation in activities uncertified under current status and change(or addition) of workplace Foreign nationals who want to engage in activities that are not allowed under current status of stay should apply for a prior approval for the new activities. Foreign nationals who want to change(add) a workplace within the given status shall apply for the change(addition) of workplace in advance. The way of transfer or addition of workplace for professionals(status E-1, E-3, E-4, E-5) changed from prior permission to post reporting system as of November 15, (Report should be made within 15 days after the date of occurrence.)

89 03. Re-entry permit and return of Alien Registration Card Re-entry permit If registered aliens want to travel overseas and return within the period of stay, they should apply for re-entry permit before leaving the country. You can get a re-entry permit at airport or port immigration office. If you leave Korea without obtaining a re-entry permit, your alien registration will be cancelled. However, if you are out of Korea for less than a year within the permitted period of sojourn, you do not need to obtain a re-entry permit as of Nov. 15, Return of Alien Registration Card If registered aliens leave Korea upon completion of the granted purpose of stay, they need to return their Alien Registration Card to an immigration inspector at the airport. 04. Student(D-2) Part-time job Korean language course student who has attended for more than 1 semester (6months), enrolled student of community college and University or student who is writing a thesis after completing a masters s/doctors s course should apply for prior approval for part time job. enrolled student of korean language course, community college, and university : up to 20 hours a week enrolled student for masters/doctors course or student who is writing a thesis after completing a masters/doctors course : up to 30 hours a week Extension of period of stay Students who are writing a thesis after completing their masters/doctors course can apply for extension for up to 1 year/2 years respectively.

90 College graduates (with GPA(Grade Point Average): 3.0 or over) hoping to find a job in Korea may apply for the change of status into Job-seeking visa (D-10). 05. Non-professional employment labor(e-9) Period of stay E-9 visa holders may be admitted to stay up to 3 years from arrival based on the contract period marked on the Certificate of Employment Permit. The period of stay may be extended with re-employment, but cannot go beyond a total of 4 years and 10 months. Change of workplace To change a workplace, E-9 visa holders shall apply for the change of workplace within 1 month after the termination of contract at Job Center(Ministry of Labor) and apply for a permission to change workplace at immigration office within 3 months after filing that application. The change of workplace can be permitted 3 times in principle. When the period of stay is extended with re-employment, the permission cannot be given more than twice. 06. Marriage immigrant(f-6) Employment The spouse of Korean national with F-2 visa can work without any permission. Not allowed to work in adult entertainment and decadent businesses such as bars, clubs, and etc. that go against a good moral and social tradition. Marriage immigrant(f-6) visa takes place of current F-2 status for spouse of Korean national. Naturalization application If a spouse resides in Korea over 2 years after marriage, he/she will be eligible

91 to apply for naturalization. 07. Overseas Korean(F-4) Report of domestic residence F-4 visa holders who want to participate in real-estate/financial transactions or to get health insurance benefit should visit the local Immigration Office and report a domestic residence within 90 days from arrival in Korea. Not allowed to hold an unskilled job such as blue-collar work. Exemption of re-entry permit F-4 visa holders who report a domestic residence need not obtain a re-entry permit to leave and come back before the period of sojourn expires. 08. Working Visit(H-2) Prior employment training To have a job after arrival in Korea, employment training before working by Human Resources Development Service of Korea is required. For more information, visit Human Resources Development Service of Korea website ( or contact Notification of employment and change of workplace Employment or change of workplace should be notified within 14 days after that occurrence. Report by Fax : Fax No. ( ) To work in the construction industry, certificate of approval for employment in construction industry is required. For more information, visit Employment Permit System website ( or contact Ministry of Employment and Labor (Tel. : 1350).

92 09. Social Integration Program Overview Foreign nationals residing in Korea can attend the social integration program to learn about the Korean language and enhance understanding of Korean society without any charge. Who and where to apply Who : Any foreign nationals living in Korea such as students, foreign workers, marriage immigrants Where : Local Immigration Office For more information, visit Social Integration Program website ( Incentives Exemption of a written test and interview for naturalization. 10. Dual Citizenship Holders: Selection and Renunciation of Korean nationality How to choose Korean nationality Submit a written pledge containing the intention not to exercise the entitlements of foreign nationality in Korea and submit the application for selection of Korean nationality at the Immigration Office or the Korean embassy/consulate before his/her 22nd birthday. Those who are after 22nd birthday should renounce the foreign nationality and submit the certificate of renunciation along with the application for selection of Korean nationality. However, if a man aged between 22 and 37 (inclusive) completes the military service in Korea, he can apply for selection of Korean nationality by submitting a written pledge containing the intention not to exercise the entitlements of the

93 foreign nationality in Korea within 2 years after completion of the period mentioned above. The Minister of Justice will order to choose a nationality for those who fail to apply for selection of Korean nationality within the above-mentioned period. How to renounce Korean nationality Submit the application for the renunciation to the Minister of Justice (from Jan. 2011, only those residing overseas shall submit the application for the renunciation.) Men are eligible to apply for the renunciation of nationality only if he is exempted from or has completed the military service.

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111 Commentary of Immigration terms Deportation It means the deportation of alien from Korea who makes a violation against the Immigration law. Illegally entered alien, alien who stays in Korea illegally or alien who was sentenced to imprisonment and released is the subject of deportation by Immigration Act Article 46 and Article 68, section 4. Notification of changes in foreign employees The employer has to make a report when the corresponding reason occurs to local Immigration Office within 15 days from date of changes according to Immigration Act, Article 19 and enforcement ordinance Article 24. Relevant change are as follows. Alien s lay off, dismiss, resignation or death Missing employee Change of period in contract Change of employer or company name, or site Change of place to work under the same company or adding a different workplace for more than 6 months Dispatch of the worker or change of the dispatched workplace by other laws and regulations When noticed that employee s violation of the Immigration law or order Permission for change/adding of workplace Foreigners who want to change/ add their workplace within the permit of their status, have to get a permission of change/ adding of workplace in advance.

112 But, for the foreigner who is employed in specified occupation, based on the presidential ordinance, should file an alternation or additional workplace report within 15 days after starting the employment.. Refugee Refugeerefers to those who have fear of being persecuted by their race, religion, nationality, social position in specific social group or political opinion and stay outside the country of their nationality and can not get any protection or do not want to be protected stay outside the country of their residence without a nationality and can not go back to that nation or don't want to go back because of the fear Group Visa Group Visa is issued for transient diplomatic mission, participating group to international event, school field trip group or equivalent traveler group. The number of group members should be more than 5 and the representative and the members have to arrive with the same ship, plane or other transportation. Report for change of information on alien registration Registered alien has to make a report within 14 days to local Immigration Office when the corresponding reason occurs as follows. Change of name, sex, date of birth or nationality Change of number, date of issue, expiration date of passport Change of organization, school(including name change) of Culture/Art (D-1), Study (D-2), General training (D-4) or Working visit (H-2) holder Change of unit or organization name of Journalism (D-5), Religious works(d- 6), Supervisory intra-company transfer(d-7), Corporate investment (D-8), Trade

113 management(d-9), Special occupation(e-7) holder Visa Free Entry Nationals from certain countries that are granted visa-free entry permissions for tourism or transit can be allowed to stay without a visa as a status of Visa Free Entry(B-2) within 30 days by the immigration officer and the head of justice may authorize specially based on reciprocity. Canadian are allowed for 6 months and citizen, from Australia, Hong Kong, United States and Japan are allowed for 90 days. Criminal Record Checks Criminal record check is a document of foreigners record regarding the existence of crime in his/her home country from the government agency. After Dec 15, 2007, based on regulation of foreign language teaching(e-2), to prevent alien who has drug use or sex offence record from working as a foreign language teacher in Korea, criminal record check is required to be submitted for E-2 visa application, extension of sojourn period or transfer to new workplace. Criminal record check should be a national check and issued by their home country's government and affixed with the nations Apostille. Criminal record check has to be issued within last 6 months from application date. Nationals of countries that have not signed the Apostille treaty (Canada, China etc) must get their criminal record check verified by their local Korean consulate. Visa In Korea, the concept of visa is consuls recommendation for a foreigners entry requestand it is different from entry permit. Therefore, even if a foreigner received visa, he/she can be denied to enter Korea by the examiner of Immigration Office.

114 There are two kinds of Korean visa. Single Entry Visaallows to enter for one time and Multiple Entry Visaallows unlimited entries within the expiration date on visa. As a special type of visa, there are Group Visaand Certificate of Alien Entry Permitand as a way of visa issuance, there is Certificate for Confirmation of Visa Issuance. Visa waiver agreement Visa waiver agreement enables nationals of a country that signed visa waiver agreements with Republic of Korea to enter Korea without a visa. Visa issuance approval number With the introduction of electronic visa system in 2005, it is possible to receive the visa issuance approval number by or SMS instead of visiting in person to pick it up. When the notified foreigner presents the visa issuance approval number without papers at Korean consulate, the visa can be issued. Certificate of visa issuance approval Certificate of visa issuance approval is issued by the head of Immigration Office or Branch Office to reduce the processing time and procedure. In accordance with certificate of visa issuance approval, head of Korean consulate issues a visa but in some cases, certificate of visa issuance approval is required to submit for visa application. Exceptionally, certificate of visa issuance approval can be requested before visa application at Korean consulate. In case of Chinese and citizen of country that does not establish diplomatic relations, visa that is not entrusted to the head of Korean Consulate has to be issued by certificate of visa issuance approval.

115 Landing permission In a special case, crew member and passenger of airplanes or vessels may be permitted to land temporarily in Korea under certain conditions. That special permission does not mean grant for status or period of sojourn. Instead, restriction of landing period, activity field is given as a approval terms. Passport Passport can be defined as Official document issued from the government that has a function to identify and determine the right of diplomatic protection and asks for guarantee of a person's status and convenience.there are different kinds of passport, for example, ordinary passport, diplomatic passport, official passport and travel certificates. In Korea, passport is made and issued by the Ministry of Foreign Affairs and Trade and local governments is also empowered to issue a passport. More information regarding issuance, renewal and loss of passport can be provided by call center of the Ministry of Foreign Affairs and Trade(Tel : ). Alien registration Alien who wants to stay in Korea for more than 90 days, has to visit his/her local Immigration Office or Branch Office for alien registration within 90 days from the date of entry. Certificate of alien entry permit Certificate of alien entry permit is a kind of combination of passport and visa. Certificate of alien entry permit is issued to citizen who wants to enter Korea from a country that did not establish diplomatic relations with Korea or a country that is authorized by Minister of Justice and to a stateless person who stays in the country above mentioned instead of visa on passport by Korean consulate.

116 Prohibition of entry When the cases below does not apply to alien, he/she can enter Korea. Those who are recognized as a case of infectious disease or drug addict or a person to damage public health Those who try to enter the country with guns, swords, explosives that are designated in regulations Those who are considered to damage the interest of Korea or public safety with convincing reason Those who are considered to damage economy or public order or corrupt public morals with plausible reason Re-entry permit When the registered foreigner wants to depart and re-enter Korea within the permitted period of stay, he/she has to get re-entry permit before leaving. There are Single re-entry permitthat is available for one time and Multiple re-entry permit that is valid for more than twice to re-enter Korea. Extension of re-entry permit When the alien who left Korea with re-entry permit can not come back before reentry permit expires with a reasonable cause, he/she can ask for extension of re-entry permit at Korean Consulate. Permission for extension of stay Alien who wants to stay longer after the permitted period of sojourn expires should get the extension of period of sojourn.

117 Change of status of stay Alien who wants to stop current activities and participate in new activities permitted under other status should receive the permission for change of status. Grant of status of stay Alien who lost Korean nationality or was born newly in Korea or stays in Korea without status of stay with other reasons can stay in Korea for 90 days from date of occurrence, but the person who wants to stay in Korea for more than 91 days has to get the grant of status of stay in advance. Permission of participation in activities uncertified for current status Foreigners who seek to carry out activities beyond the limits of their current status without changing their current status of stay must receive the permission prior to engagement in new activities. For example, when a missionary who has religious visa wants to lecture in university of religious foundation, he/she has to get the permission of participation in activities uncertified for current sojourn status. Report of change in residence Registered aliens have to make a report whenever they change their residence in Korea to the chief of local city, county, metropolitan districts office or Immigration Office. The report has to be made within 14 days from moving date to new jurisdiction of city, county, metropolitan districts office or Immigration Office. The sphere of activity of status According to Immigration Act, a status that is suitable for purpose of entry is given to alien who received permission for entry or stay. While the alien stays in Korea, the

118 activity which is permitted under that status is allowed only. (For example, Short term visit (C-3) status holder can not engage in business, English teaching or part time job to make a profit.) Recommendation of departure Recommendation of departure is a system that asks aliens, who violate the Immigration Act lightly, to depart voluntarily from Korea. Targets are minor offenders who are against the Immigration Act Article 17 (foreigner's stay and activity scope) and Articles 20 (activities uncertified for current sojourn status) or those who violate Immigration Act or Order by Immigration Act whose recommendation of departure was approved by the Minister of Justice. Exit order The head of Immigration office or branch office or detention office can make an exit order to foreigners as follows. Those who are the subject of deportation but wish to depart at their own expenses Those who does not depart after recommendation of departure was given Those whose permission was rendered void by Immigration Act Article 89. Those who are recognized that departure is necessary after a fine for default or noticed disposition was given Extension of sojourn period for departure Registered aliens who finish their authorized activity but need time to travel around Korea or do not have a passage ticket or need to stay longer owing to unavoidable circumstances can apply for extension of sojourn period for departure. Application for extension for departure has to be done before expiration date and 30 days can be

119 granted if there is no special cause and there is no fee for that. Noticed dispositionprosecutionfine for default When foreigners violate the Immigration Act equivalent to penalty in Korea, they are notified that a fine has to be paid at a designated place by the head of Immigration office or Branch office. It is called noticed disposition that replaces a formal trial and deals with the case quickly and reduces time and inconvenience with simplified procedure for administrative agency as well as offender. If aliens who received noticed disposition carry out the following notice in writing within the specified date, it has the full force and effect of an irrevocable judgment in a court of justice based on principle of prohibition against double jeopardy. But if it is not fulfilled, Immigration office accuse the offender to the prosecution and it follows criminal proceedings. In case that the violation of Immigration Act is equivalent to penalty, noticed disposition is made but in case that the offense corresponds to fine for default(immigration Act 100) such as violation of report of change in registered information and return of alien registration card, fine for default is notified by the head of Immigration office or Branch office. Alien who received punishment of fine for default can raise an objection within 30 days from the notified date to the chief of Immigration office or Branch office. If the person makes a protest, the formal trial is followed for fine for default by nonlitigation case proceedings at competent court.

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