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:
- Immigration Control Act, Article 4 (Prohibition of Departure)
- Immigration Control Act, Article 4-2 (Extension of Period of Prohibition of Departure)
- Immigration Control Act, Article 4-3 (Revocation of Prohibition of Departure)
- Immigration Control Act, Article 4-4 (Notice of Decision etc. on Prohibition of Departure)
- Immigration Control Act, Article 4-5 (Filing Objections to Decisions, etc. on Prohibition of Departure)
- Immigration Control Act, Article 29 (Suspension of Foreigners’ Departure)
Other articles that may be of interest to the reader:
- Korea’s 20% Immigration Rule Challenged
- Korean Immigration Office to be Established
- Immigration Logic
- Korean Court Overturns Deportation Order
- Visa for Investors in Korea
Sean Hayes may be contacted at: [email protected]
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.
- Korea Immigration Deportation, Departure/Exit Orders: Immigration Law Basics
- Fleeing Korea while under Police/Prosecutor Investigation: International Hold in Korea
- Challenging a Korean Immigration Deportation/Exit Order in Korea
- Deportation after Criminal Conviction in Korea: Korea Immigration Law Basics
- Korean Visa Rules Still not Strict Enough for Some in the Korean Government
- Korean Supreme Court Rules Contingency Fees for Criminal Cases Illegal