11/07/2014

Exit Ban of Foreigners in Korea for Not Paying Taxes, Custom Duties or Violation of Law: Immigration Law Basics

The Korean Immigration Control Act and related acts allows the potential to permanently impose an exit ban on foreigner for nearly all acts that are determined by the Ministry of Justice as "harming the interest, public safety or order in the economy of the Republic of Korea" until the reason for the exit ban ceases to exist. (Immigration Control Act of Korea Article 4(1)5.)

The Immigration Control Act of Korea, also, always Korean government agencies to request the imposition of an exit ban on foreigners.

Determination of the Ministry of Justice may be appealed within the Ministry and if turned down - may be appealed to the Administrative Court of Korea.

Yes, this post is related to a matter we are presently handling.

The relevant provisions of Korean law includes:
  1. Immigration Control Act, Article 4 (Prohibition of Departure)
  2. Immigration Control Act, Article 4-2 (Extension of Period of Prohibition of Departure)
  3. Immigration Control Act, Article 4-3 (Revocation of Prohibition of Departure)
  4. Immigration Control Act, Article 4-4 (Notice of Decision etc. on Prohibition of Departure)
  5. Immigration Control Act, Article 4-5 (Filing Objections to Decisions, etc. on Prohibition of Departure)
  6. Immigration Control Act, Article 29 (Suspension of Foreigners' Departure)
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Sean Hayes may be contacted at: SeanHayes@ipglegal.com.

Sean Hayes is co-chair of the Korea Practice Team at IPG Legal. He is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty. Sean is ranked, for Korea, as one of only two non-Korean lawyers as a Top Attorney by AsiaLaw.