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  • Pre-Announcement of Partial Amendment to the Enforcement Rule of the Immigration Act
    • Competent Ministry : Ministry of Justice
    • Advance Publication of Legislation : 2022-05-25
    • Opinion Submission Deadline : 2022-07-04

1. Reasons for Amendment

 As the Immigration Act has been revised (Act No. 18397; promulgated on August 17, 2021, and to be enforced on August 18, 2022) with the main content of changing the operating entity of departure waiting rooms from the private sector to the State, this amendment aims to establish matters, which are entrusted to the Enforcement Rule by the amended Act, concerning the repatriation order method and procedure, designation or postponement of the repatriation deadline, and management of aliens to be repatriated at ports of entry and departure that do not have a departure waiting room.

2. Major Provisions

A. Newly insert methods and procedures for a repatriation order and provisions on the designation and postponement of repatriation deadlines (Article 67-2)

 When the Administrator (or Commissioner), etc. gives an order for repatriation to the forwarding agent, he/she shall issue a written repatriation order stating the deadline and reason for repatriation and whether there is any reason attributable to the forwarding agent; if there is an unavoidable reason why the forwarding agent cannot complete the repatriation within a specified repatriation deadline, he/she may apply for an extension of the repatriation deadline; and if the Administrator (or Commissioner), etc. disapprove the application for extension of a repatriation deadline, the forwarding agent must complete the repatriation within the original repatriation deadline.

B. Newly insert provisions on the management of aliens to be repatriated at the port of entry and departure (Article 67-3)

 When the Administrator (or Commissioner), etc. requests a forwarding agent to manage an alien to be repatriated, the captain of a ship or forwarding agent shall provide bedding, household items, etc. to the alien. When there is a reason that the repatriation cannot be completed within the repatriation deadline or when an alien to be repatriated has a reason to change the repatriation waiting area between ports of entry or departure or to go out, the forwarding agent shall immediately report it to the Administrator (or Commissioner), etc.

Regulatory effect assessment
  • 출입국관리법 시행규칙(규제영향분석서)_20220517.hwp [download]
Legislative proposal (draft)
  • 1. 「출입국관리법 시행규칙」 일부개정령안 입법예고(안).hwp [download]