Korea Entry Ban — Check and Remove Your Ban

Grounds for an Entry Ban (Immigration Control Act, Art. 11(1))

The Minister of Justice may prohibit the entry of a foreigner who falls under any of the following items:

• Item 1 Persons with an infectious disease, drug addiction, or who are otherwise recognized as likely to endanger public health
• Item 2 Persons attempting to enter while unlawfully carrying firearms, swords, explosives, etc. as defined in the Act on the Safety Control of Firearms, Swords, Explosives, etc.
• Item 3 Persons for whom there are considerable grounds to believe they may act against the interests of the Republic of Korea or public safety
• Item 4 Persons for whom there are considerable grounds to believe they may harm the economic or social order or good morals
• Item 5 Persons with a mental disorder who lack judgment and have no one in Korea to assist their stay, persons unable to bear the cost of staying in Korea, and others in need of relief
• Item 6 Persons who have been ordered to be deported and left Korea less than 5 years ago
• Item 7 Persons who, between 29 August 1910 and 15 August 1945, were involved in massacring or abusing people on grounds such as race, ethnicity, religion, nationality or political opinion, under the instruction of, or in connection with, the Japanese government, a government allied with it, or a government under its superior power
• Item 8 Persons equivalent to those in items 1 to 7 whom the Minister of Justice deems inappropriate to enter Korea

Art. 11(2): if the home country of a foreigner seeking entry refuses entry of Korean nationals on grounds other than those in paragraph 1, the Minister of Justice may refuse that foreigner's entry on the same ground.

Illegal stay or criminal punishment is not listed as such in Art. 11(1). Which item applies to a particular case is decided by the Minister of Justice or the delegated office, so please confirm the ground for your own ban with the competent Immigration Office.

For reference only: permanent residency (F-5) screening looks at whether 7 years have passed since departure under a deportation order, or 5 years since departure under a departure order. This is a screening criterion, not an entry ban period.

Duration and Removal

• Duration: the only period written into Art. 11(1) is item 6 (less than 5 years since leaving Korea under a deportation order). No provision on ban periods for other grounds was found in Art. 11 or Enforcement Decree Arts. 13-14, so the period applicable to you must be confirmed with the competent Immigration Office.
• Enforcement Decree Art. 13: when the Minister of Justice decides to prohibit entry, the data must be managed without delay through the information-processing system, and likewise when a ban is lifted.
• Enforcement Decree Art. 14(3): the head of an agency that requested an entry ban or refusal must promptly request the Minister of Justice to lift it once the reason has ceased to exist. Art. 14(1) allows heads of central administrative agencies and designated agencies to request a ban.
• These provisions do not set out a procedure by which the foreigner personally applies for removal, nor criteria or processing times. Whether and how a ban can be removed varies by case, and no outcome is guaranteed.

Re-entry Permit Restrictions

• Immigration Control Act Art. 30(1): a registered foreigner (or one exempt from registration) who leaves within the period of stay and wishes to return may apply for a re-entry permit; exemption may apply to certain persons (e.g. permanent residents).
• Enforcement Rule Art. 44-2(1) proviso: foreigners barred from entry under Art. 11 of the Act are excluded from the re-entry permit exemption.
• Persons subject to entry restrictions or visa-issuance restrictions must visit the Immigration Office (branch) with jurisdiction over their place of residence to obtain a re-entry permit.
• Marriage migrants (F-6): for persons subject to entry restrictions, a re-entry permit requires approval from headquarters.
• Enforcement Rule Arts. 39-7 and 41: the application is filed with documents explaining the reason; the permit period may not exceed the permitted period of stay; the maximum is 1 year (single) or 2 years (multiple), with a 3-year exception for certain D-8/F-2 investors (Art. 41(2)).
• If you are subject to an entry restriction and plan to leave Korea while staying, the exemption may not apply, so confirm with the Immigration Office before departing. A re-entry permit is decided on review.

A: The Minister of Justice may prohibit the entry of a foreigner who falls under any of items 1 to 8 of Article 11(1) of the Immigration Control Act. Please confirm the ground that applies to you with the competent Immigration Office.

A: A person subject to an entry ban may be refused entry. Attempting to enter while banned may have further consequences.

A: Item 6 of Article 11(1) covers a person who left Korea under a deportation order less than 5 years ago. No provision on periods for other grounds was found in Article 11 or Enforcement Decree Articles 13-14, so please confirm your period with the competent Immigration Office.

A: Under Enforcement Decree Art. 14(3), the head of the requesting agency must promptly ask the Minister of Justice to lift the ban once the reason has ceased, and Art. 13 requires the data to be managed when a ban is lifted. Whether a ban is lifted depends on the case and no outcome is guaranteed.

A: Foreigners barred under Article 11 are excluded from the exemption (Enforcement Rule Art. 44-2(1) proviso). Persons subject to entry restrictions must visit the Immigration Office with jurisdiction over their residence to obtain a re-entry permit.