(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, addressing and improving upon a number of loopholes that have emerged from the operation of the current system.
(2) Major Provisions
A. Specify the criteria, scope, etc., of the requirements for permanent residency (Article 18-3)
Stipulate that of the requirements for permanent residency, “good conduct including compliance with the laws of the Republic of Korea” shall be cases where a person has not been sentenced to a fine in the past 3 years, cases where a person has not been sentenced to imprisonment without labor or heavier punishment in the past 5 years, and cases where 7 years have not elapsed after receiving a deportation order; “ability to maintain a livelihood” shall mean not less than the gross national income (GNI) per capita for the previous year or not less than the median household assets; and “having basic knowledge” shall be cases where a person has completed a social integration program or has received a score of not less than 60/100 in a comprehensive evaluation.
B. Newly insert reporting and approval procedures, etc., for emergency suspension of the departure of an alien from the Republic of Korea (Article 39-6 and Article 39-7)
Require an immigration control official who has issued an emergency suspension of departure from the Republic of Korea to immediately report to the Minister of Justice; require the approval procedure for the emergency prohibition of departure from the Republic of Korea to apply mutatis mutandis to the approval procedure for the emergency suspension of departure from the Republic of Korea.
C. Specify duties eligible for exemption from compulsory notification (Article 70-2)
Make an exemption from compulsory notification where the need for remedies for aliens who have violated the Immigration Act takes priority during the course of duty of a public official associated with human rights violations or criminal investigations involving a serious crime under the Criminal Act or violations of the Punishment of Violence, etc. Act, Act on Special Cases Concerning the Punishment, etc., of Sexual Crimes, etc.
D. Newly insert crimes constituting the grounds for revocation of permanent residency (Article 77-2)
Revoke the permanent residency of a person has committed a crime specified in the Punishment of Violence, etc. Act, Act on Special Cases Concerning the Punishment, etc., of Sexual Crimes, Act on the Protection of Children and Juveniles against Sexual Abuse, Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and has received a final sentence of not less than 2 years of imprisonment or imprisonment without labor.
E. Amend penalty provisions for persons who have violated the provision prohibiting the submission of false documents, etc. (Article 86, paragraph 1; attached Table 7, item AC)
Punish acts to apply for permission to stay by submitting false documents or other unlawful means based on “the number of violations” as per current provisions, and the brokerage or recommendation of such acts based on “the number of offenses” instead of “the number of violations.”
F. Amend the scope of punishment of the employees who have been illegally hired (Article 86, paragraph 1; attached Table 8)
Change the current provision imposing the same penalty for cases where there are 10 or more illegal employees to segmenting the scope of penalties depending on the number of illegal employees from 1 to 51 or more.
