(1) Reasons for Proposal

This Amendment prescribes matters delegated by the amended Immigration Act (to be enforced on September 21, 2018) and specific matters necessary for the enforcement thereof. It also newly inserts a status of stay for seasonal work, prescribes grounds for issuing group e-visas, thereby addressing and improving upon a number of weaknesses that have emerged from the operation of the current system, and modifies a number of phrases and terms in accordance with the Standards for Plain Language Reform of Laws.

(2) Major Provisions

A. Newly insert provisions to enable online issuance of visas through electronic communication media (Article 7, paragraph 3)

Currently, a sticker shall be affixed when a visa is issued by the head of an overseas mission, which takes a huge amount of human resources and time to store, affix, and dispose of stickers. Make an improvement such that visas may be issued by e-mail and other electronic communication media.

B. Prescribe the grounds for which to issue group e-visas and to designate an agency therefor, etc. (Article 7-3)

Allow e-visas to be issued to groups having the necessary human resources and certain facilities, etc., to increase convenience for group tourists and enhance management efficiency; and prescribe the grounds for the designation, etc., of group e-visa agencies.

C. Classify statuses of stay into major categories of “standard status of stay” and “permanent residency”, and distinguish between short-term and long-term standard statuses of stay (Article 12, attached Table 1, attached Table 1-2 and 1-3)

Classify short-term statuses of stay, long-term statuses of stay, and permanent residency as per the attached Tables 1, 1-2, and 1-3, respectively, instead of Article 12, attached Table 1 of the current Enforcement Decree, which specifies 36 statuses of stay from Class A through Class H.

D. Newly insert a status of stay for seasonal work (Article 12, paragraph 1, attached Table 1, subparagraph 6)

The current provisions enforce a seasonal work scheme based on the short-term employment (C-4) status of stay pursuant to Article 12, attached Table 1 of the Enforcement Decree to address the issue of labor shortage during the peak farming and fishing seasons.

Newly insert a seasonal work (C-5) status of stay to prescribe a clear legal ground and ensure efficient management.

E. Relax the residence period requirements for permanent residency for persons granted refugee status (attached Table 1-3, subparagraph 18)

Reduce the residence period requirements for permanent residency for refugees from 5 years or more (current) to 2 years or more to enhance social adjustment and settlement support for refugees.

F. Newly insert eligibility categories for relaxation/waiver of the permanent residency requirements of “ability to maintain a livelihood” and “basic knowledge” (Article 12-2).

Relax or waive the requirements of “ability to maintain a livelihood” and “basic knowledge” under Article 18-3 of the Enforcement Rule for any special contributor, top talent, or foreign investor, etc.

Allow the Minister of Justice to specify separate relaxation or waiver criteria for other cases in consideration of the national interest or humanitarianism.

G. Newly insert matters concerning the procedure of and reports on the emergency suspension of the departure of an alien from the Republic of Korea (Article 36-3).

As for the procedure, etc., for emergency suspension of the departure of an alien from the Republic of Korea, the procedure for emergency prohibition of the departure of a national from the Republic of Korea, approval procedure, report writing, and other such provisions shall apply mutatis mutandis.

H. Newly insert a procedure for the renewal of permanent residence cards (Article 42-2).

Prescribe the renewal procedure, method, etc. for a permanent residence card in accordance with the introduction of the permanent residence card renewal system which requires a card to be renewed every 10 years.

I. Prescribe the grounds for collecting assessment fees in accordance with the outsourcing of social integration program assessments to specialized third-party agencies (Article 48, paragraph 5).

As the assessment of social integration program participants is to be outsourced to specialized third-party agencies, prescribe grounds on which an institution outsourcing the assessment may collect assessment fees within the limit specified by the Minister of Justice.

J. Newly insert grounds on which to request information for an ex officio review of temporary release from detention, and modify associated provisions (Article 79, paragraphs 1 and 3; Article 79-2, paragraph 1).

Prescribe grounds on which a detainee, etc., may be requested to provide information necessary for a review, such as evidence of his or her ability to pay a security deposit, in the event that the head of an immigration office, etc., temporarily releases him or her from detention by official authority; and modify associated provisions.

K. Prescribe grounds on which to impose an administrative fine on any person who fails to renew his or her permanent residence card within the deadline (Article 102, attached Table 2, item F).

Prescribe administrative fines from a minimum of 100,000 won to a maximum of 2 million won, divided into five intervals according to the period of violation.