Korean Job Discussion Forums

[nathanrutledge]

I have noticed an abundance of threads where people are scared about being detained at the airport. While reading the immigration site on a peripheral topic, I stumbled upon this -

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General rules regarding Suspension of foreigners� departures

* Suspension of departure is only to be carried out when it is absolutely necessary; and even then, in the smallest possible scale.
* Suspension of departure cannot be carried out for convenience or as a form of punishment for an unrelated deed.

Confirming Suspension of Departure for Foreigners

* The affected person in question (or his/her legal representative, if it is needed for a legal dispute) may check the status of prohibition by showing up in person at the immigration office and presenting their ID cards.
※ Due to the sensitive nature of this information, it will ONLY be disclosed to the person in question (or to his/her legal representative if involved in a legal dispute), and only at the Immigration Office (e-mail or phone not permitted).

Requesting Suspension of Departure for Foreigners

* The Head of Central Public Administrative Body or the head of other related government bodies can request prohibition of departure for a person who is considered to be in breach of Article 4, Section 1 of the Immigration Act.
* In addition, mayors, county governors, and other autonomous district leaders may also make such request through mayors of major cities or the state governors.
※ Individuals can not request prohibition of departure for their personal reasons such as preventing of swindlers from escaping.

Foreigners subject to suspension of departure (Immigration Act Article 29)

* Those whose departure is deemed inappropriate due to a criminal investigation.
- Those being investigated/involved in trial for criminal allegation where the penalty is death, life sentence, or over 3 years in prison, or is involved in a legal proceeding which has been suspended due to uncertainty of his/her whereabouts.
* Those currently serving time in jail.
* Those who have more than the following amount of unpaid fine or forfeit that was assigned by the Ordinance of the Ministry of Justice.
- Fine: 10 million KRW
- Forfeit: 20 million KRW
* Those who have more than the amount defined by the Ordinance of the Ministry of Justice in unpaid national tax, tariff, or local tax
- Amount set by the Ordinance of the Ministry of Justice : 50 million KRW
* Other persons similar to those specified under subparagraphs 1 through 5, whose departure is deemed inappropriate by the Ordinance of the Ministry of Justice due to a concern that their departure might undermine national interests, public security, or economic order of the Republic of Korea.
- Those under investigation for issuing or making up false tax returns or receipts for 2000 million won or more.
- Those trying to enter or depart with forged or altered passports at immigration ports.
- Other than those listed above, those whose departure is deemed potentially harmful to the national security or diplomatic relations by the Minister of Justice

Foreigner ' s suspension of Departure Notice (the Presidential Decree of the Immigration Act Article 3)

* A person whose departure has been prohibited, or whose prohibition date has been extended will be sent a notification of such prohibitions prior to departure.
* However, such notices may not be sent or issued if:
- such an act may be deemed harmful to national security or public good
- the person whose departure has been restricted cannot be located.

Applications for appeal against the prohibition of departure

* Those wishing to appeal against the decision for the prohibition of departure or its duration must submit an appeal application to the Minister of Justice within ten days after receiving the notification for the decision.(if he/she was not notified, then within ten days after becoming aware of the fact, as according to the Presidential Decree of the Immigration Act Article 3 Section 2)

SO

There you have it. Stiffing your school for ANY amount will not prevent you from leaving. A fine of 10 million won (and that's a government imposed, court ordered fine people) or a forfeiture of 20 million won will get you stopped. But it clearly states, a person cannot request that swindlers be stopped.

Unless you face a death sentence, life in prison, or more than 3 years in prison, unless you are a threat to national security (and I don't mean feeding precious Min-su American beef or tap water), you are fine.

So relax everyone! Don't rape or kill anyone and you can probably flee!

(please note the factitiousness of that last comment. If you commit a crime, be a man, own up to it. Don't make the rest of us look bad.)

[AussieGav]

A good post, particularly in relation to an ongoing prolific thread lol. Seriously nice one. But a question regarding the following out of interest.

There you have it. Stiffing your school for ANY amount will not prevent you from leaving. A fine of 10 million won (and that's a government imposed, court ordered fine people) or a forfeiture of 20 million won will get you stopped. But it clearly states, a person cannot request that swindlers be stopped.

Is forfeiture like a court imposed bail?