Immigration Law in South Korea
Introduction
South Korean immigration law is governed by the Immigration Act (출입국관리법, 1963) and the Nationality Act (국적법, 1948) . The Ministry of Justice administers immigration policy through the Korea Immigration Service (KIS). The legal framework has evolved from a restrictive emigration-control system to a managed immigration regime reflecting South Korea’s transformation into a net immigration country with over 2.5 million foreign residents.
Immigration Act
Entry and Stay
All foreigners entering South Korea require valid passports and visas (subject to visa-waiver agreements). The Act classifies stay statuses into:
- Short-term stay (up to 90 days): Tourism, business, transit
- Long-term stay: Employment (E-series), study (D-series), marriage (F-6), general residence (F-2), permanent residence (F-5)
- Permanent residence: Available after five years of continuous residence (for those meeting income, Korean language, and integration requirements)
Employment Visas
The Employment Permit System (EPS) — based on bilateral MOUs with sending countries — governs unskilled migrant workers. The Job-Seeking Visa (D-10) and Point System for skilled workers facilitate talent attraction. The Startup Visa (D-8-4) targets foreign entrepreneurs.
Nationality Act
Citizenship Acquisition
South Korea primarily follows jus sanguinis (blood principle). Citizenship by birth requires at least one Korean parent. Naturalization is available through:
- General naturalization: Five years’ residence, Korean language proficiency, stable livelihood
- Simplified naturalization: Three years for marriage to a Korean national or former Korean nationals
- Special naturalization: Extraordinary contributions to Korea
Dual Citizenship
Dual citizenship was historically prohibited. Since 2010, limited exceptions allow dual citizenship for:
- Overseas Koreans aged 65 and above
- Foreign nationals who marry Korean citizens (pledging not to exercise foreign citizenship in Korea)
- Highly skilled professionals
Refugee Recognition
South Korea enacted the Refugee Act (난민법, 2012) , Asia’s first standalone refugee legislation. The Act establishes:
- Refugee Status Determination (RSD) : Processed by the Ministry of Justice
- Judicial review: Appeals of rejection to the Administrative Court
- Humanitarian stay status: Subsidiary protection for those not qualifying as refugees under the Convention
Korea’s refugee recognition rate remains low (below 3%), drawing criticism from UNHCR. Notable cases include Yemeni asylum seekers on Jeju Island (2018).
Foreign Investor Incentives
The Foreign Investment Promotion Act provides residency and visa benefits for foreign investors, including the Investor Visa (D-8) for investments of KRW 100 million or more and Permanent Residence (F-5) for investments exceeding KRW 500 million.
Conclusion
South Korean immigration law reflects demographic pressures (aging population, low birth rate) that drive policy toward managed openness. The framework remains in transition, balancing economic needs for foreign labor with social integration and national security concerns.