Prohibition of Departure Extensions of Period of Prohibition of Departure Revocation of Prohibition of Departure Notice of Decision, etc.

Prohibition of Departure, Extensions of Period of Prohibition of Departure, Revocation of Prohibition of Departure Notice of Decision, etc. on Prohibition of Departure Filing Objections to Decisions, etc. on Prohibition of Departure Emergency Prohibition of Departure from the Republic of Korea

 

Article 4 (Prohibition of Departure)(1) The Minister of Justice may prohibit a national from departing from the Republic of Korea for a prescribed period not exceeding six months if the national is:

 

1. A person pending in a criminal trial;

2. A person whose imprisonment with or without labor has not completed;

3. A person who fails to pay a fine or surcharge of at least the amount prescribed by Presidential Decree;

4. A person who fails to pay national taxes, customs or local taxes of at least the amount prescribed by Presidential Decree by the deadline for payment without good cause;

5. A person equivalent to those subparagraphs 1 through 4, whose departure is determined inappropriate by Ordinance of the Ministry of Justice, as he/she is likely to harm the national interest, public security or economic order of the Republic of Korea.

 

(2) The Minister of Justice may prohibit a person from departing from the Republic of Korea for a prescribed period not exceeding one month, if his/her departure from the Republic of Korea is deemed inappropriate for criminal investigations: Provided, That any of the following persons shall be prohibited from departing from the Republic of Korea for the period prescribed in each subparagraph:

 

1. A person in respect whom it has been determined to stay prosecution due to his/her unknown whereabouts, or a person in whose case it is impracticable to proceed

 

with investigations due to special reasons, such as flight: Within three months;

 

2. A person in respect whom it has been determined to stay prosecution and an arrest warrant or bench warrant has been issued: Within the period of validity of the warrant.

 

(3) The head of a central administrative agency or the head of a relevant agency determined by the Minister of Justice may request the Minister of Justice to prohibit a national’s departure from the Republic of Korea, when he/she deems that the national falls under any subparagraph of paragraph (1) or (2) in connection with the affairs under his/her jurisdiction.

 

(4) In conducting a departure inspection, no immigration control official shall permit any person whose departure is prohibited under paragraph (1) or (2), to depart from the Republic of Korea.

 

(5) Except as otherwise expressly provided for in paragraphs (1) through (4), matters necessary in relation to the period of and procedures for prohibition of departure shall be prescribed by Presidential Decree.

 

Article 4-2 (Extensions of Period of Prohibition of Departure)(1) The Minister of Justice may extend the period of prohibition of departure, when deemed necessary to continue to prohibit departure.

 

(2) The head of an agency who has requested prohibition of departure under Article 4 (3) shall request an extension of the period of prohibition of

departure to the Minster of Justice by no later than three days prior to the expiration of such period if it is necessary to continue to prohibit departure in excess of the initial period of prohibition.

 

(3) Except as otherwise expressly provided for in paragraphs (1) and (2), matters necessary in relation to procedures for extending the period of prohibition of departure shall be prescribed by Presidential Decree.

 

Article 4-3 (Revocation of Prohibition of Departure)(1) The Minster of Justice shall revoke prohibition of departure immediately, when the grounds for prohibition of departure cease to exist or prohibition of departure is deemed unnecessary.

 

(2) The head of an agency who has requested prohibition of departure under Article 4 (3) shall immediately request the Minster of Justice to revoke the prohibition of departure when the grounds for prohibition of departure cease to exist.

 

(3) Except as otherwise expressly provided for in paragraphs (1) and (2), matters necessary in relation to procedures for revoking prohibition of departure shall be prescribed by Presidential Decree.

 

Article 4-4 (Notice of Decision, etc. on Prohibition of Departure)(1) The Minister of Justice shall immediately give written notice stating the grounds for, and period of, departure prohibition and other matters to the person concerned when he/she prohibits such person’s departure under Article 4 (1) or (2), or extends the period of prohibition of departure under Article 4-2 (1).

 

(2) The Minister of Justice shall immediately give notice to the person concerned when he/she revokes prohibition of departure under Article 4-3 (1).

 

(3) Notwithstanding paragraph (1), the Minister of Justice need not give written notice under paragraph (1) in any of the following circumstances:

 

1. Where such notice may substantially and obviously harm the national security of the Republic of Korea or public interests;

 

2. Where such notice may substantially and obviously interfere with a criminal investigation: Provided, That where the total period of prohibition of departure from the Republic of Korea, including an extension, exceeds three months, the Minister of Justice shall give notice to the person concerned;

 

3. Where the whereabouts of the person prohibited from departing the Republic of Korea is unknown.

 

Article 4-5 (Filing Objections to Decisions, etc. on Prohibition of Departure)(1) A person whose departure is prohibited under Article 4 (1) or (2), or whose period of prohibition of departure is extended under Article 4-2 (1) may file an objection to the decision on prohibition of departure or an extension of the period of prohibition of departure with the Minister of Justice, within ten days of receiving a notice thereof or becoming aware of such fact. <Amended by Act No. 10863, Jul. 18, 2011>

 

(2) The Minster of Justice shall decide the validity of an objection filed under paragraph (1) within 15 days from the filing date of such objection: Provided, That the term may be extended only once by up to 15 days, in exceptional circumstances.

 

(3) The Minister of Justice shall immediately revoke prohibition of departure or withdraw an extension of such prohibition where an objection filed under paragraph (1) is deemed reasonable, and the Minister shall dismiss the objection and give written notice stating the grounds therefor to the person concerned if such objection is deemed groundless.

 

Article 4-6 (Emergency Prohibition of Departure from the Republic of Korea)(1) Where an investigative agency has reasonable grounds to suspect that a person has committed a crime subject to death penalty, imprisonment with labor for an indefinite term or imprisonment of at least three years with or without labor, and there is an urgent need in any of the following circumstances, the investigative agency may request an immigration control official conducting departure inspections to prohibit the person from departing from the Republic of Korea, notwithstanding Article 4 (3):

 

1. Where a suspect is likely to destroy evidence;

2. Where a suspect has fled or is likely to flee.

 

(2) Upon receipt of a request prohibiting a person from departing from the Republic of Korea under paragraph (1), no immigration control official shall permit the person to depart from the Republic of Korea when conducting a departure inspection.

 

(3) An investigative agency shall lodge a request for approval with the Minister of Justice within six hours of making a request for emergency prohibition of departure from the Republic of Korea pursuant to paragraph (1). In such cases, such request shall be accompanied by a written direction of investigation signed by a public prosecutor and a report on the emergency prohibition of departure from the Republic of Korea stating the short summary of a crime, grounds for the emergency prohibition of departure from the Republic of Korea.

 

(4) Where an investigative agency fails to lodge a request for approval for emergency prohibition of departure from the Republic of Korea under paragraph (3), the Minister of Justice shall revoke the prohibition of departure from the Republic of Korea in force at the request made by the investigative agency under paragraph (1). The same shall also apply where the investigative agency fails to obtain approval for emergency prohibition of departure from the Republic of Korea from the Minister of Justice within 12 hours of lodging a request for approval.

 

(5) Where the prohibition of departure from the Republic of Korea is revoked pursuant to paragraph (4), no investigative agency shall re-request the emergency prohibition of departure from the Republic of Korea based on the same crime.

 

(6) Procedures for requesting the emergency prohibition of departure from the Republic of Korea, preparation of reports thereon and other necessary matters shall be prescribed by Presidential Decree.

 

Article 5 (Custody of Nationals’ Passport, etc.)If an immigration control official finds a national in possession of a forged or counterfeited passport or seafarers’ identity document, he/she may withdraw and take custody thereof.