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  • Pre-announcement of legislation for the partial amendment of the Enforcement Rules of the Immigration Act
    • Competent Ministry : Ministry of Justice
    • Advance Publication of Legislation : 2021-12-31
    • Opinion Submission Deadline : 2022-02-09

1. Reason for amendment

  The aim is to improve and supplement some insufficiencies found during the operation of the current systems by clarifying disqualifications by the declaration of suspension of execution, extending the employment period of sailor employment (E-10) foreigners, letting marriage immigration (F-6) foreigners and their investors submit criminal record certificates, etc. regardless of their nationality, and establishing and improving related forms.

2. Main contents

 A. Clarification of disqualifications by the declaration of suspension of execution (Article 9-5.1, Article 17-3.2, and Article 18-4.1)

“Punishment” of imprisonment without labor or greater punishment is changed to “actual punishment” and “day when it is decided not to be executed” is changed to “day when the execution of punishment is waived” in case imprisonment without labor or greater punishment is declared.

 B. Extension of possible employment period of sailor employment (E-10) foreigners (Article 17-3.3.2 and Article 17-3.3.3)

The issuance restriction period of visa issuance certificates is extended to six years when the employment activity period is extended at the request of the Minister of Oceans and Fisheries because entry/exit of foreigner sailors is difficult due to expanded infectious disease or natural disaster, etc.

 C. Allowance of residence period for residence qualification in relation to diplomacy, public services, and agreements

If a short-term (90 days or less) A-1 (Diplomacy), A-2 (Public services), or A-3 (Agreements) qualification foreigner intends to extend his/her residence period, the residence period may be extended, and the authority for extension of residence period is delegated to the heads of regional immigration offices for efficiency of the work.

Regulatory effect assessment
  • 출입국관리법 시행규칙(규제영향분석서)_20211227.hwp [download]
Legislative proposal (draft)
  • (규제심사 후) 「출입국관리법 시행규칙」 일부개정령안 입법예고(안).hwp [download]