Enforcement Decree Of The Passport Act


Published: 2011-09-30

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month, or Get a Day Pass for only USD$9.99.
CHAPTER I GENERAL PROVISIONS
law view
 Article 1 (Purpose)   print
The purpose of this Decree is to provide for matters delegated by the Passport Act and those necessary for its enforcement.
law view
 Article 2 (Dimension, etc. of Passport)   print
(1) The dimensions of a passport and a certificate substituted for a passport (hereinafter referred to as "travel certificate") under Article 14 (1) of the Passport Act (hereinafter referred to as the "Act") shall be 8.8㎝ wide and 12.5㎝ long.
(2) The name of the Republic of Korea and a classification of a passport shall be inscribed in Korean and English at the top and bottom of the cover of each passport and travel certificate (hereinafter referred to as "passport, etc."), respectively, and the national emblem shall be inscribed at the center of their cover: Provided, That in cases of a passport in which information provided for in Article 7 (1) of the Act is electronically stated, the mark shall be added to the bottom of its cover indicating that information is electronically included according to standards determined by the International Civil Aviation Organization.
(3) The color tone of the cover of passport, etc. and the number of its pages according to the classification of a passport, etc. shall be as follows: <Amended by Presidential Decree No. 21914, Dec. 30, 2009>
1. Ordinary passport: Green (single: 12 pages, multiple: 48 pages): Provided, That a single passport with a photograph attached shall have 14 pages;
2. Official passport: Yellowish brown (48 pages);
3. Diplomatic passport: Indigo (48 pages);
4. Travel certificate: Light blue (8 pages): Provided, That a travel certificate with a photograph attached shall have ten pages.
law view
 Article 3 (Information to be Stated in Passport, etc. and Method of Stating Information)   print
(1) Information referred to in each subparagraph of Article 7 (1) of the Act shall be printed on the page for identity information in the passport and shall be electronically stated in the passport. In such cases, the name (hereinafter referred to as "English name") of a passport holder written in the Roman alphabet, shall be written in Korean name in accordance with the relevant provisions of the International Civil Aviation Organization, and detailed matters related thereto shall be prescribed by the Minister of Foreign Affairs and Trade. <Amended by Presidential Decree No. 21914, Dec. 30, 2009; Presidential Decree No. 23181, Sep. 30, 2011>
(2) In any of the following cases, information of the passport, etc. may not be stated electronically pursuant to the proviso to Article 7 (2) of the Act (including cases applied mutatis mutandis in accordance with Article 14 (3)): <Amended by Presidential Decree No. 21914, Dec. 30, 2009>
1. Issuance of a single-use passport under Article 6 (1) 1 of the Act where it is deemed by the Minister of Foreign Affairs and Trade that urgent matters have occurred to the extent that there is insufficient time to have a passport issued or reissued;
2. Issuance of a travel certificate.
(3) Persons who fall under any of the following subparagraphs need not provide their fingerprints at the time of applying for the issuance of a passport under the proviso to Article 9 (1) of the Act: <Amended by Presidential Decree No. 21914, Dec. 30, 2009>
1. Those who cannot have their fingerprints taken due to medical reasons;
2. Those under the age of 18 years;
3. Those who have their proxy apply for the issuance of a passport under the proviso to Article 9 (2) of the Act.
law view
 Article 3-2 (Changing English Name in Passport)   print
(1) When any of the following grounds is deemed to exist, the Minister of Foreign Affairs and Trade may correct or change English name in the information included in a passport as prescribed in Article 3, upon a request of a person who wishes to be reissued a passport due to the suspension of effects or any other ground: Provided, That when the correction or change of English name is obviously deemed to be used for crimes, etc., the Minister of Foreign Affairs and Trade may refuse such correction or change:
1. When the pronunciation of English name written in a passport is obviously different from that of Korean name;
2. When an applicant intends to continue to use his/her English name different from English name written in his/her passport, as he/she has used such name for a long period for the purpose of finding a job or studying overseas, etc.;
3. When an applicant needs to change his/her English family name written in a passport (hereinafter referred to as "English family name") into English family name written in passports of other family members, as he/she has to leave the Republic of Korea with other family members for an overseas trip, immigration or studying overseas, etc.;
4. When an applicant intends to add, change or delete the English name of his/her spouse in his/her English name written in a passport;
5. When the spelling of English name written in a passport obviously has a negative meaning;
6. When an applicant intends to change his/her English name in accordance with his/her Korean name changed;
7. When an applicant intends to change his/her English name before he/she uses his/her passport issued for the first time;
8. Other cases of particular necessity recognized by the Minister of Foreign Affairs and Trade on humanitarian grounds.
(2) In cases where the Minister of Foreign Affairs and Trade deems it necessary to write a previously used English name in a newly issued passport after English name is corrected or changed pursuant to paragraph (1), a previously used English name may be written in a newly issued passport.
(3) Matters necessary for correcting or changing English name, except for matters prescribed in paragraphs (1) and (2), shall be prescribed by Minister of Foreign Affairs and Trade.
<This Article Newly Inserted by Presidential Decree No. 23181, Sep. 30, 2011>
law view
 Article 4 (Confirmation of Applicants through Comparison of Fingerprints)   print
Where the Minister of Foreign Affairs and Trade is provided with fingerprints from those who intend to have their passport issued under Article 9 (1) of the Act, he/she may compare them with those kept and maintained by the relevant administrative agencies under Article 10 of the Act, to the extent that the purpose of such comparison is to confirm whether such fingerprints belong to the applicant, himself/herself.
CHAPTER II ORDINARY PASSPORT
law view
 Article 5 (Applications for Issuance of Ordinary Passports)   print
Any person who intends to have an ordinary passport issued shall submit the following documents to the Minister of Foreign Affairs and Trade: Provided, That if a person who intends to have a passport issued stays overseas, the Minister of Foreign Affairs and Trade may exempt him/her from furnishing some of the said documents, as prescribed by Ordinance of the Ministry of Foreign Affairs and Trade:
1. A written application for issuance of a passport;
2. One copy of a photograph for a passport (referring to a 3.5㎝ × 4.5㎝ color hatless photo of upper half-length and front portrait, the face of which is 2.5㎝ through 3.5㎝ long, taken within six months prior to the date of the application for issuance of a passport; hereinafter the same shall apply): Provided, That in cases of applying for the issuance of a passport, etc. under any subparagraph of Article 3 (2), two copies of the same photograph shall be submitted;
3. Other documents prescribed by Ordinance of the Ministry of Foreign Affairs and Trade, such as those related to military service.
law view
 Article 6 (Term of Validity of Ordinary Passport)   print
(1) The term of validity of an ordinary passport shall not be more than ten years. <Amended by Presidential Decree No. 21914, Dec. 30, 2009>
(2) Notwithstanding paragraph (1), the Minister of Foreign Affairs and Trade may issue the ordinary passport with the following period of validity: Provided, That whether a person falls under subparagraph 5 shall be determined in consultation with a relevant administrative agency: <Amended by Presidential Decree No. 22393, Sep. 20, 2010: by Presidential Decree No. 23181, Sep. 30, 2011>
1. Persons under the age of 18 years: five years;
2. Persons who are more than 18 years, but less than 25 years of age and fall under the first militia service or reserve service (excluding cases where the expiry term of their duty or compulsory service is less than two months or they complete the duty or compulsory service): five years: Provided, That except for cases falling under the following items, if they are less than 24 years of age in the year when the passport is issued, the term of the passport shall be valid by the end of the year when they become 24 years old:
(a) Where they obtain permission to travel abroad from the pertinent director of the Regional Military Manpower Office or the Military Manpower Branch Office under Article 70 of the Military Service Act;
(b) Where the Minister of Foreign Affairs and Trade deems it unavoidable to obtain the visa;
3. Persons who are not less than 25 years of age and fall under the first militia service or reserve service (excluding cases where the expiry term of their duty or compulsory service is less than two months or they complete the duty or compulsory service) and fall under any of the following items:
(a) Persons who fall under the reserve service and serve in the duty or compulsory service: five years;
(b) Persons who fall under the first militia service or reserve service and do not serve in the duty or compulsory service: where the period for permission to travel abroad is more than six months but less than one year, the term of validity shall be granted for one year and where the period of permission exceeds one year, the term of validity shall be granted until such period of permission expires;
4. Persons to whom the head of a related administrative agency notifies that they are permitted to travel abroad only during a certain period due to the reasons such as pending litigation, etc.: period referred to in the notification;
5. Members of anti-government organizations under Article 2 of the National Security Act who are residing in a foreign country and are likely to cause serious harm to the national security, maintenance of order, or unification or foreign policies of the Republic of Korea: not less than one year and not more than five years, the exact period of which shall be determined by the standards set by the Minister of Foreign Affairs and Trade depending on the likelihood of the harm;
6. Persons who have lost their passports, falling under any of the following items: Provided, That when they lose their passport due to unavoidable grounds, such as natural disasters, such loss is not included in the number of loss:
(a) Persons who have lost their passports on two occasions within the latest five years from the acceptance date of a report on the loss of a passport: five years;
(b) Persons who have lost their passports on three or more occasions within the latest five years from the acceptance date of a report on the loss of a passport: two years;
(c) Persons who have lost their passports on two occasions within the latest one year from the acceptance date of a report on the loss of a passport, notwithstanding the provisions of item (a): two years;
7. Persons who have failed to take a vow pursuant to Article 10 (2) of the Nationality Act.
(3) Notwithstanding paragraphs (1) and (2), in any of the following cases and where the applicants themselves want, the Minister of Foreign Affairs and Trade may issue an ordinary passport with the relevant term of validity: Provided, That the same shall not apply to cases falling under paragraph (2) 4: <Newly Inserted by Presidential Decree No. 23181, Sep. 30, 2011>
1. In cases of applying for reissuance of a passport under Article 11 of the Act: period from the day when the passport is reissued through to the expiry date of the term of validity referred to in the previous passport;
2. In cases of applying for issuance of a new passport since no pages remain for visa stamping: period from the day when a new passport is issued through to the expiry date of the term of validity referred to in the previous passport.
(4) Deleted. <by Presidential Decree No. 22393, Sep. 20, 2010>
law view
 Article 6-2 (Issuance of Residence Passport)   print
(1) The Minister of Foreign Affairs and Trade may issue an ordinary passport for the purpose of residence (hereinafter referred to as "residence passport") for emigrants (including persons falling under the proviso to subparagraph 3 of Article 4 of the Emigration Act).
(2) Persons wishing to obtain a residence passport under (1) shall submit additional documents as classified in the following subparagraphs to the Minister of Foreign Affairs and Trade. In such cases, the Minister of Foreign Affairs and Trade shall confirm the confirmation form for emigration report (limited to persons who reported emigration) through the common use of administrative information as prescribed in Article 36 (1) of the Electronic Government Act; if an applicant does not agree thereto, the Minister of Foreign Affairs and Trade may have the applicant submit such confirmation form;
1. Persons who have the right of permanent residence in the country where they are residing: a copy of the right of permanent residence (in countries where permanent residence system does not exist, a copy of a long-term residence visa instead) or a copy of an immigrant visa;
2. Persons for whom issuing a residence passport is deemed particularly necessary on grounds of marriage outside the Republic of Korea, etc.: a marriage certificate or other documents attesting to such grounds.
<This Article Newly Inserted by Presidential Decree No. 22393, Sep. 20, 2010>
CHAPTER III OFFICIAL PASSPORT
law view
 Article 7 (Persons Entitled to Issuance of Official Passport)   print
The Minister of Foreign Affairs and Trade may issue an official passport to those who fall under any of the following subparagraphs under Article 4 (2) of the Act: <Amended by Presidential Decree No. 21614, Jul. 7, 2009>
1. Persons falling under any of the following items who travel abroad on official business, and their spouses, unmarried children under the age of 27 years (including unmarried dependent children over 27 years old with mental or physical disability or without a livelihood; hereinafter the same shall apply) and parents without a livelihood, who are recommended by the related agencies:
(a) Public officials;
(b) Officers, executives and employees of the Bank of Korea, the Export-Import Bank of Korea and other public institutions under the Act on the Management of Public Institutions prescribed by the Ministry of Foreign Affairs and Trade;
2. Resident personnel abroad of the Bank of Korea, the Export-Import Bank of Korea and other public institutions under the Act on the Management of Public Institutions prescribed by the Ministry of Foreign Affairs and Trade, and their spouses and unmarried children under the age of 27 years;
3. Medical personnel, Taekwondo instructors, and teachers to educate Korean residents abroad, who are dispatched by the Government, and their spouses and unmarried children under the age of 27 years;
4. Assistants to the duties of overseas diplomatic missions of the Republic of Korea under Article 32 of the Foreign Service Officers Act, and their spouses and unmarried children under the age of 27 years;
5. Persons accompanying the public officials belonging to the Ministry of Foreign Affairs and Trade (excluding those in technical service; hereinafter the same shall apply) or other public officials who serve in the diplomatic missions abroad under Article 31 of the Foreign Service Officers Act, for an assistance to their housework;
6. Other persons deemed specially required by the Minister of Foreign Affairs and Trade to hold an official passport for a smooth performance of official business.
law view
 Article 8 (Applications for Issuance of Official Passports)   print
Any person who intends to have an official passport issued shall submit the following documents to the Minister of Foreign Affairs and Trade:
1. A written application for issuance of a passport;
2. Documents attesting that he/she is entitled to issuance of an official passport under Article 7;
3. One copy of a photograph for a passport: Provided, That in cases of applying for the issuance of a passport, etc. falling under any subparagraph of Article 3 (2), two copies of the same photograph shall be submitted;
4. Other documents prescribed by Ordinance of the Ministry of Foreign Affairs and Trade, such as those related to military service.
law view
 Article 9 (Term of Validity of Official Passport)   print
(1) An official passport shall be issued with a term of validity not more than five years: Provided, That the official passport with the relevant term of validity may be issued to those who fall under any of the following subparagraphs: <Amended by Presidential Decree No. 21614, Jul. 7, 2009>
1. Persons who fall under subparagraphs 4 through 6 of Article 7: Two years: Provided, That where deemed necessary by the Minister of Foreign Affairs and Trade, the term of validity may be three years;
2. Persons who fall under the first militia service or recruit service and do not serve in the duty or compulsory service: Where the period for permission to travel abroad is more than six months, but less than one year, the term of validity shall be one year and where the period of permission exceeds one year, the term of validity shall expire on the day when such period of permission expires;
3. Spouses, unmarried children under the age of 27 years and parents without a livelihood among those entitled to the issuance under Article 7 shall have official passports issued with a term of validity corresponding to an official overseas travel period plus six months: Provided, That, in cases of unmarried children under the age of 27 years (excluding unmarried dependent children with mental or physical disability or without a livelihood), when they become 27 years old prior to the expiry date of the term of validity, the term shall be valid until the date preceding day when they become 27 years old.
(2) Where a person subject to an issuance of official passport comes to lose the status under any subparagraph of Article 7, an official passport issued to him/her shall cease to have effect from that time, even within the term of validity under paragraph (1): Provided, That where he/she stays overseas, this shall not apply to a reasonable period needed for returning home as prescribed by Ordinance of the Ministry of Foreign Affairs and Trade.
CHAPTER IV DIPLOMATIC PASSPORT
law view
 Article 10 (Persons Entitled to Issuance of Diplomatic Passport)   print
The Minister of Foreign Affairs and Trade may issue a diplomatic passport to those falling under any of the following subparagraphs under Article 4 (2) of the Act: <Amended by Presidential Decree No. 21614, Jul. 7, 2009>
1. The President (including former Presidents; hereinafter the same shall apply), Prime Minister, former Prime Ministers, Minister of Foreign Affairs and Trade, former Ministers of Foreign Affairs and Trade, Ambassadors extraordinary and plenipotentiary, members of the International Olympic Committee, public officials belonging to the Ministry of Foreign Affairs and Trade, other public officials who serve in diplomatic missions abroad under Article 31 of the Foreign Service Act, and those falling under any of the following items:
(a) Spouses and unmarried children under the age of 27 years of those falling under the following items:
(ⅰ) The President;
(ⅱ) Prime Minister;
(b) Spouses and unmarried children under the age of 27 years and parents without a livelihood of those falling under the following:
(ⅰ) Minister of Foreign Affairs and Trade;
(ⅱ) Ambassadors extraordinary and plenipotentiary;
(ⅲ) Members of the International Olympic Committee;
(ⅳ) Public officials belonging to the Ministry of Foreign Affairs and Trade who travel abroad on official business;
(ⅴ) Other public officials who serve in diplomatic missions abroad under Article 31 of the Foreign Service Officers Act;
(c) Accompanying spouses of former Prime Ministers and former Ministers of Foreign Affairs and Trade: Provided, That they shall be limited to cases where accredited by the Minister of Foreign Affairs and Trade;
(d) Persons accompanying the President, Prime Minister, Minister of Foreign Affairs and Trade, Ambassadors extraordinary and plenipotentiary, and members of the International Olympic Com- mittee, who are deemed specially necessary by the Minister of Foreign Affairs and Trade;
2. Speaker of the National Assembly, former Speakers of the National Assembly and persons falling under one of the following items:
(a) Spouses and unmarried children under the age of 27 years of the Speaker of the National Assembly;
(b) Accompanying spouses of former Speakers of the National Assembly: Provided, That they shall be limited to the case as accredited by the Minister of Foreign Affairs and Trade;
(c) Persons accompanying the Speaker of the National Assembly, who are deemed specially necessary by the Minister of Foreign Affairs and Trade;
3. Chief Justice of the Supreme Court, President of the Constitutional Court, and former Chief Justices of the Supreme Court, former Presidents of the Constitutional Court, and persons falling under any of the following items:
(a) Spouses and unmarried children under the age of 27 years of the Chief Justice of the Supreme Court and President of the Constitutional Court;
(b) Accompanying spouses of former Chief Justices of the Supreme Court and former Presidents of the Constitutional Court: Provided, That they shall be limited to cases where accredited by the Minister of Foreign Affairs and Trade;
(c) Persons accompanying the Chief Justice of the Supreme Court and President of the Constitutional Court, who are deemed specially necessary by the Minister of Foreign Affairs and Trade.
4. Special envoys, representatives of the Government and members of a mission headed by special envoys or representatives of the Government;
5. Other persons deemed specially required by the Minister of Foreign Affairs and Trade to hold diplomatic passport for performance of diplomatic mission or protection of identity.
law view
 Article 11 (Applications for Issuance of Diplomatic Passports)   print
With respect to applications for issuance of diplomatic passports, Article 8 shall be applicable mutatis mutandis. In such cases, "Article 7" in subparagraph 2 of Article 8 shall be deemed "Article 10."
law view
 Article 12 (Term of Validity of Diplomatic Passport)   print
(1) A diplomatic passport shall be issued with a term of validity of not more than five years: Provided, That the diplomatic passport may be issued with the relevant term of validity to those falling under any of the following subparagraphs: <Amended by Presidential Decree No. 21614, Jul. 7, 2009>
1. Persons falling under subparagraph 4 or 5 of Article 10: One or two years according to the period required for performing a diplomatic mission: Provided, That in cases of the issuance of diplomatic passport in order to perform the diplomatic mission under subparagraph 5 of Article 10, if the period required for performing such mission is two consecutive years or more, the term of validity shall be the relevant period plus six months, within the limit of five years;
2. Persons who fall under the first militia service or reserve service and do not serve in the duty or compulsory service: Where the period of permission to travel abroad is more than six months but less than one year, the term of validity shall be one year and where the period of permission is more than one year, the term of validity shall expire when such period of permission expires;
3. Unmarried children under the age of 27 years among those entitled to issuance of the diplomatic passport under Article 10 (excluding unmarried dependent children with mental or physical disability or without a livelihood): Five years: Provided, That when they become 27 years old prior to the expiry date of the term of validity, the term shall be valid until the date preceding day when they become 27 years old.
(2) Where a person who has the diplomatic passport issued does not fall under any requirement in each subparagraph of Article 10 (including cases where any public officials belonging to the Ministry of Foreign Affairs and Trade have completed the official overseas travel in cases of subparagraph 1 (b) (iv) of Article 10), such diplomatic passport shall cease to have effect from that time, even within the term of validity: Provided, That where he/she stays overseas, this shall not apply to a reasonable period needed for returning from aborad as prescribed by Ordinance of the Ministry of Foreign Affairs and Trade under the proviso to Article 9 (2). <Amended by Presidential Decree No. 21614, Jul. 7, 2009>
CHAPTER V SINGLE-USE PASSPORT
law view
 Article 13 (Persons Entitled to Issuance of Single-Use Passport)   print
The Minister of Foreign Affairs and Trade shall issue a single-use passport to those who reach a full 25 years of age or more and have not fulfilled military service and for whom the period of permits for overseas travel certificate issued by the pertinent director of the Regional Military Manpower Office or the Military Manpower Branch Office is less than six months: Provided, That he/she may issue the multiple passport with a one-year term of validity to outstanding artists recommended by the Minister of Culture, Sport and Tourism and members of the national team who must travel abroad over several times in a year in order to participate in international games or overseas off-season training.
law view
 Article 14 (Application for Issuance of Single-Use Passport)   print
Any person who intends to have a single-use passport issued shall submit the following documents to the Minister of Foreign Affairs and
Trade:
1. A written application for issuance of a passport;
2. Documents attesting that he/she is entitled to issuance of single-use passport under Article 6 (1) of the Act: Provided, That they shall be excluded where the applicant for issuance of a passport requests under Article 6 (1) 1 of the Act;
3. One copy of photograph for a passport: Provided That, in cases of applying for issuance of a passport, etc. falling under any subparagraph of Article 3 (2), two copies of the same photograph shall be submitted;
4. Other documents prescribed by Ordinance of the Ministry of Foreign Affairs and Trade, such as those related to military service.
law view
 Article 15 (Term of Validity of Single-Use Passport)   print
(1) A single-use passport shall be issued with a term of validity of not more than 1 year.
(2) Notwithstanding paragraph (1), the Minister of Foreign Affairs and Trade may issue a single-use passport to those who have been notified of making overseas travel only during a certain period by the head of an administrative agency due to a reason such as pending litigation, etc. with the term of validity to make such an overseas travel.
CHAPTER VI TRAVEL CERTIFICATE
law view
 Article 16 (Persons Entitled to Issuance of Travel Certificate)   print
The Minister of Foreign Affairs and Trade may issue a travel certificate to those falling under any of the following subparagraphs under Article 14 of the Act: <Amended by Presidential Decree No. 21614, Jul. 7, 2009; Presidential Decree No. 21914, Dec. 30, 2009>
1. Departing stateless persons;
2. Persons staying or residing abroad who are required to return home urgently or travel to a third country with insufficient time to wait for the issuance of passport on account of losing the passport or the expiration, etc. of its term of validity;
3. Persons residing abroad who are required to leave for their country of residence with insufficient time to wait for issuance of passport on account of losing the passport or the expiration, etc. of its term of validity after temporarily returning from abroad;
4. Internationally-adopted persons;
5. Persons who must hold the travel certificate under Article 10 of the Inter-Korean Exchange and Cooperation Act and to whom it is deemed necessary by the Minister of Foreign Affairs and Trade to issue the travel certificate;
6. Foreigners who are forced to be expelled from Korea under Article 46 of the Immigration Control Act cannot obtain any passport of the country where they have nationality or a certificate equivalent to passport;
7. Persons who are deemed to be in a similar position as those in subparagraphs 1 through 4 and who are deemed necessary by the Minister of Foreign Affairs and Trade to issue the travel certificate urgently.
law view
 Article 17 (Application for Issuance of Travel Certificate)   print
Article 5 shall apply mutatis mutandis to applications for issuance of a travel certificate.
CHAPTER VII REISSUANCE, ETC. OF PASSPORTS
law view
 Article 18 (Reissuance of Passports)   print
(1) Any person who intends to have a passport reissued under Article 11 of the Act shall apply for the reissuance of a passport accompanied with the documents falling under any of the following subparagraphs:
1. A written application for reissuance of a passport;
2. A statement of reasons for a reissuance;
3. Previous passport: Provided, That it shall not be included where such passport has been lost;
4. One copy of a photograph for a passport: Provided, That in cases of applying for the issuance of a passport, etc. falling under any subparagraph of Article 3 (2), two copies of the same photograph shall be submitted;
5. Other documents prescribed by Ordinance of the Ministry of Foreign Affairs and Trade, such as those related to military service.
(2) Where a passport is reissued under paragraph (1), any information and the entries therein shall be the same as those in the already-issued passport unless any extraordinary circumstance exists.
law view
 Article 19 Deleted. <by Presidential Decree No. 23181, Sep. 30, 2011>   print
law view
 Article 20 (Provision of Information, Report, etc. at the time of Loss of Passport)   print
(1) Any person who has lost his/her passport may report such loss to the Minister of Foreign Affairs and Trade even before applying for reissuance of another passport, as prescribed by Ordinance of the Ministry of Foreign Affairs and Trade.
(2) Where a person who has reported under paragraph (1) regains his/her passport before applying for reissuance of passport provided in paragraph (3) intends to use such regained passport in normal ways, he/she shall report thereon, as prescribed by Ordinance of the Ministry of Foreign Affairs and Trade. In such cases, the Minister of the Foreign Affairs and Trade shall take necessary measures for him/her to use the passport in normal ways.
(3) When a report on the loss of a passport under paragraph (1) is submitted or an application for reissuance of a passport under Article 18 due to the reasons, such as loss of passport, is filed, the Minister of Foreign Affairs and Trade may, in order to prevent illegal use and international distribution of such lost passport, provide the related administrative agencies, such as the Minister of Justice and the National Police Agency or foreign governments or international organizations in accordance with the principle of reciprocity with any information falling under any of the following subparagraphs:
1. Passport number, date of issuance and expiry date of passport;
2. Date of loss of passport, the place of loss and agency where such report on loss is accepted.
law view
 Article 21 (Reissuance of Passport where Passport cannot be used for Damage)   print
"When the passport issued to him/her has been damaged" as provided for in Article 11 (1) 3 of the Act shall include cases where it is difficult to identify information provided for in each subparagraph of Article 7 (1) of the Act and where any electronically stated information is damaged to be illegible although no special external problem of the passport exists.
law view
 Article 22 (Change of Matters Stated in Passport)   print
(1) Any person who intends to apply to change the matters stated in a passport in order to add pages for visa stamping, separate dependent children, state a previous passport number or extend the period of domestic sojourn of a person holding the passport for residence, shall submit the following documents to the Minister of Foreign Affairs and Trade:
1. A written application for change of matters stated in a passport;
2. Documents verifying that reason for applying for change has occurred.
(2) An addition of pages for visa stamping among the matters to be changed under paragraph (1) may be permitted only once and the maximum number of pages to be added shall be 24 pages. <Amended by Presidential Decree No. 21914, Dec. 30, 2009>
CHAPTER VIII REFUSAL OF AND RESTRICTION ON ISSUANCE AND REISSUANCE, ETC. OF PASSPORT
law view
 Article 23 (Request for Refusal of or Restriction on Issuance, etc. of Passport and Order to Return Valid Passport)   print
(1) The head of a related administrative agency may, where he/she deems that a person falling under any subparagraph of Article 12 (1) and (3) of the Act (including cases applied mutatis mutandis in accordance with Article 14 (3) of the Act) or any subparagraph of Article 19 (1) of the Act exists in connection with his/her official duties, request the Minister of Foreign Affairs and Trade to refuse or restrict an issuance of passport, etc. (hereinafter referred to as "issuance, etc. of passport") or to order the return of a valid passport (hereinafter referred to as "refusal, restriction, etc.").
(2) The head of a related administrative agency shall, where he/she requests a refusal of or restriction on, etc. issuance, etc. of passport under paragraph (1), clarify in writing the reason for such a request, the period of refusal or restriction, etc. or the period of keeping in custody of the returned valid passport, etc. (hereinafter referred to as "period of custody").
law view
 Article 24 (Examination of Request for Refusal of or Restriction on, etc. Issuance, etc. of Passport and Notification of its Result)   print
(1) The Minister of Foreign Affairs and Trade may, where deemed necessary to examine the request for a refusal of or restriction on, etc. on the issuance, etc. of passport or for an order to return a valid passport under Article 23, request the head of a requesting agency to furnish the relevant data.
(2) After examination of the request for refusal of or restriction on, etc. the issuance, etc. of a passport under paragraph (1), the Minister of Foreign Affairs and Trade shall notify the head of a requesting agency of the result of examination and the grounds therefor.
law view
 Article 25 (Rerequest for Refusal of or Restriction on, etc. Issuance, etc. of Passport or Request for Cancellation)   print
(1) The head of a relevant administrative agency may, where he/she deems it necessary to continue a refusal of or restriction on, etc. the issuance, etc. of passport, even after the period of refusal or restriction or the period of custody expires, request in writing such refusal or restriction, etc. again within 30 days before the expiry of the period of such refusal or restriction or the period of custody.
(2) The head of a related administrative agency shall, where the rele- vant cause is extinguished even during the period of refusal of or restriction on, etc. the issuance of passport, etc. or the period of custody, request without delay in writing the cancellation thereof.
law view
 Article 26 (Cancellation of Refusal of or Restriction, etc. on Issuance, etc. of Passport)   print
The Minister of Foreign Affairs and Trade may, in any of the following cases, cancel the refusal of or restriction on, etc. the issuance, etc. of passport: Provided, That where he/she intends to cancel the refusal of or restriction on, etc. the issuance, etc. of passport which was done at the request of the head of a related administrative agency (excluding cases under subparagraph 1), he/she shall consult in advance with the head of a requesting agency:
1. Where the head of a related administrative agency requests the cancellation;
2. Where a person subject to the restriction, etc. on the issuance, etc. of passport is to depart from the country for the purpose of marrying a foreigner or a Korean national residing abroad who has emigrated to live overseas and residing with him/her;
3. Where a person subject to the restriction on an issuance, etc. of passport has obtained a certificate to emigrate overseas by reporting on emigration overseas under Article 6 of the Emigration Act;
4. Where a person subject to the restriction on the issuance, etc. of passport has obtained, or is scheduled to obtain, a denizenship or a visa for long-term stay;
5. Where it is deemed necessary by the Minister of Foreign Affairs and Trade to urgently leave the country, among persons subject to a restriction on an issuance, etc. of passport under Article 12 (4) of the Act, on account of the decease or other equivalent serious disease or accident of their spouses, siblings or lineal ascendants or descendants residing overseas. In such cases, the cancellation of a restriction on an issuance, etc. of passport shall be effective during the minimum period required for achieving the relevant travel purposes.
law view
 Article 27 (Service of Decision on Return of Valid Passports)   print
(1) Where the Minister of Foreign Affairs and Trade intends to decide on the return of valid passport against those who fall under any subparagraph of Article 19 (1) of the Act, he/she shall serve the relevant written decision on the address or place of residence of the relevant passport holder or their legal representative by registered mail.
(2) Where the registered mail under paragraph (1) has been returned twice or cannot be served by reason of unknown address, etc., it is necessary to make a public announcement of such decision by a method falling under any of the following subparagraphs:
1. Posting the decision on the bulletin board of the agency to vicariously exercise the authority for passport under Article 21 (1) of the Act;
2. Posting the decision in the Official Gazette;
3. Making a public announcement by using electronic communications media.
law view
 Article 28 (Dangerous Circumstances in Locations Overseas)   print
"Dangerous circumstances in locations overseas prescribed by Presidential Decree" referred to in the main sentence of Article 17 (1) of the Act shall be danger that occurs outside of Korea and means any situation falling under any of the following subparagraphs:<Amended by Presidential Decree No. 22564, Dec. 29, 2010>
1. Large-scale typhoon, tidal wave, earthquake and other similar natural disaster;
2. Imminent situation in which war has broken out or is highly likely to break out;
3. Situation where civil war or riot has broken out and function, etc. to keep the security of the relevant country is extremely paralyzed and it cannot be performed normally;
4. Imminent situation in which large-scale terrorism has occurred or is highly likely to occur;
5. Large-scale explosion, chemical and biological accident, environmental pollution accident and other similar disaster;
6. Situation where a large-scale infectious disease has broken out and functions of health care in the relevant country is paralyzed and not performed normally.
law view
 Article 29 (Permission for Use, etc. of Passport)   print
The Minister of Foreign Affairs and Trade may permit the use of the passport and visit or sojourn under the proviso to Article 17 (1) of the Act (including cases applied mutatis mutandis in accordance with Article 14 (3) of the Act) in cases of travel falling under any of the following subparagraphs:
1. Where the person, who has obtained a denizenship or any other equivalent right of a country or region subject to measures of restriction, etc. on use of passport (hereinafter referred to as "restriction, etc. on use of passport") under the main sentence of Article 17 (1) of the Act, intends to reside continuously in such country or region as his/her living base;
2. Where it is necessary for coverage or report for the public interest;
3. Where it is necessary for conducting urgent humanitarian activity or support;
4. Where it is necessary for public activities of national agencies or international organizations that conduct diplomatic or security mission or protection of Korean nationals residing abroad;
5. Where it is necessary for performing a mission related to national interest or enterprise's activities upon recommendation of the head of the competent central administrative agency;
6. Other cases equivalent to those referred to in subparagraphs 1 through 5 as deemed specially necessary by the Minister of Foreign Affairs and Trade.
law view
 Article 30 (Public Announcement of Restriction, etc. on Use of Passport)   print
The public announcement of the restriction, etc. on use of passport and its cancellation under Article 17 (2) (including cases applied mutatis mutandis in accordance with Article 14 (3) of the Act) and (3) of the Act and (3) shall be made by posting in the Official Gazette. In such cases, the Minister of Foreign Affairs and Trade shall prepare the method to inform such fact to nationals who reside in the country or region subject to the restriction, etc. on use of passport.
CHAPTER IX PASSPORT POLICY DELIBERATION COMMITTEE
law view
 Article 31 (Composition of Passport Policy Deliberation Committee)   print
The chairperson (hereinafter referred to as "chairperson") of the Passport Policy Deliberation Committee (hereinafter referred to as the "Committee") under Article 18 (1) of the Act shall be the Vice Minister II of Foreign Affairs and Trade, the vice-chairperson shall be the Director General of the Overseas Koreans and Consular Affairs Bureau of the Ministry of Foreign Affairs and Trade and the persons falling under any of the following subparagrahs shall be members of the Committee:
1. Persons commissioned by the Minister of Foreign Affairs and Trade from among experts in the areas of accounting, personal information protection, equipment for passport issuance or security technology;
2. Persons commissioned by the Minister of Foreign Affairs and Trade from among legal experts;
3. Persons designated by the Minister of Foreign Affairs and Trade from among public officials who perform duties related to international terrorism in the Ministry of Foreign Affairs and Trade and Director General who are in charge of the country or region subject to the restriction, etc. on use of passport, in the Ministry of Foreign Affairs and Trade;
4. Persons appointed by the Minister of Foreign Affairs and Trade upon recommendation of the head of a relevant administrative agency from among public officials who belong to a related administrative agency conducting the related duties, such as public security, national security, immigration, etc.;
5. Persons commissioned by the Minister of Foreign Affairs and Trade from among those who have professional knowledge and ample experience in duties related to consular services and who have advanced learning and moral influence.
law view
 Article 32 (Term of Office of Members)   print
The term of office of the members shall be two years: Provided, That the term of office of the members who are public officials shall be the period during which they hold their official position.
law view
 Article 33 (Composition of Subcommittee)   print
(1) The Committee shall have subcommittees falling under the following subparagraphs and have each subcommittee deliberate upon the matters under its jurisdiction:
1. Passport Administration Subcommittee: Matters delegated by the Committee among the matters to be deliberated upon referred to in Article 18 (1) 1 through 3 and 6 of the Act;
2. Passport Use Policy Subcommittee: Matters delegated by the Committee among matters to be deliberated upon referred to in Article 18 (1) 4 and 5 of the Act.
(2) Each subcommittee shall have not more than 11 members (hereinafter referred to as "members of subcommittee"), including one chairperson of the subcommittee (hereinafter referred to as "chairperson of subcommittee") and one vice-chairperson of the subcommittee (hereinafter referred to as "vice-chairperson of subcommittee").
(3) The chairperson and the vice-chairperson of the Committee shall concurrently take office of each chairperson of the subcommittee and vice-chairperson of the subcommittee. The chairperson of the Committee shall appoint the members of the Committee as the members of the subcommittee by taking into account their specialty.
law view
 Article 34 (Duties of Chairperson, etc.)   print
(1) The chairperson shall represent the Committee and exercise overall control over its duties.
(2) The vice-chairperson of the Committee shall assist the chairperson and if the chairperson cannot perform his/her duties due to unavoidable grounds, the vice-chairperson shall act on behalf of the chairperson.
(3) Paragraphs (1) and (2) shall apply mutatis mutandis to subcommittees.
law view
 Article 35 (Meetings and Agenda)   print
(1) The meeting of the Committee shall be convened by the chairperson when any matters to be deliberated upon exist under Article 18 (1) of the Act: Provided, That where there is insufficient time to convene the meeting or where the chairperson deems specially necessary, the deliberation may be made in writing.
(2) The Committee may, if necessary, listen to the opinions of related experts such as persons of professional knowledge concerning the matters to be deliberated upon under its jurisdiction by having them attend.
(3) Meetings of the Committee shall be opened with the attendance of a majority of all incumbent members and its resolutions shall require the consent of a majority of those present: Provided, That the Committee may conduct the meeting by strengthening the agenda and quorum for resolution by its resolution.
(4) Meetings of the subcommittees shall be convened by the chairperson of each subcommittee and the procedures for the meetings and agenda of the Committee shall apply mutatis mutandis to those of the subcommittees.
(5) Other necessary matters concerning meetings and agenda of the Committee, in addition to those provided for in this Decree, shall be prescribed by the chairperson through the resolution of the Committee.
law view
 Article 36 (Allowances, etc.)   print
Allowances, travel expenses and other actual expenses may be paid to the members who attend the meeting of the Committee or subcommittee under Article 35 (2) and (4) within the budget: Provided, That this shall not apply where members who are public officials attend a meeting directly related to their duties.
CHAPTER X VICARIOUS EXERCISE OF AUTHORITY AND FEES
law view
 Article 37 (Vicarious Exercise of Authority)   print
(1) The Minister of Foreign Affairs and Trade shall, under Articles 21 (1), (3) and 22 of the Act, have any consul or the heads of local governments exercise vicariously the following authority:
1. To accept the application for issuance and reissuance of a passport, etc.:
2. To examine, such as confirmation of the applicant's identity;
3. To deliver a passport, etc.;
4. To alter matters stated in a passport;
5. To make a direct collection pursuant to the order of recover of a passport;
6. To collect fees;
7. To make a passport, etc. falling under any subparagraph of Article 3 (2);
8. Other duties deemed necessary by the Minister of Foreign Affairs and Trade to be vicariously exercised in connection with the issuance, reissuance and alternation of the matters stated in a passport, etc.
(2) Any person who vicariously exercises the authority under Article 21 (1) and (3) of the Act shall file a report on the situation of his/her vicarious exercise of authority with the Minister of Foreign Affairs and Trade.
(3) When the Minister of Foreign Affairs and Trade intends to have a person falling under any of Article 21 (3) of the Act vicariously exercise an authority to directly collect the passport under Article 21 (3) of the Act, he/she shall request in writing to the head of the local government or a relevant administrative agency to which such person belongs by clarifying the subject persons, passport subject to the collection, period of collection, etc.
(4) The Minister of Foreign Affairs and Trade may, where deemed that the duty vicariously exercised by a person who exercises the authority vicariously under paragraphs (1) and (3) is unlawful or unjustifiable, suspend, cancel or modify it.
law view
 Article 38 (Method for Payment of Fees)   print
(1) Any person who intends to be subject to an issuance, reissuance, or alteration of matters stated in the passport, etc. shall pay the fees under Article 22 (1) of the Act in cash or in a voucher verifying the cash payment or by credit card, as prescribed by Ordinance of the Ministry of Foreign Affairs and Trade: Provided, That in cases of a diplomatic mission abroad, the fees may be paid in the currency of the country of residence or that of the United States.
(2) The Minister of Foreign Affairs and Trade may exempt a refugee in need of relief or a person deemed to have a special inevitable reason from paying the fee under paragraph (1).
(3) The Minister of Foreign Affairs and Trade shall not refund the fees for issuance, reissuance or alternation of matters stated in the passport, etc.: Provided, That where the issuance, etc. of a passport is refused or restricted under Article 12 (1) or (3) of the Act or the fees are paid evidently erroneously, he/she shall return the fees.
law view
 Article 39 (Fees)   print
Fees under Article 22 (3) of the Act and other expenses incurred in the vicarious execution of the authority shall be listed in the attached Table.
CHAPTER XI ELECTRONIC AUTHENTICATION SYSTEM FOR PASSPORT
law view
 Article 40 (Performance of Authority for Passport Electronic Authentication)   print
The Minister of Foreign Affairs and Trade shall perform the authority for passport electronic authentication, such as issuance and verification of the electronic certificate for passport by using the public key (referring to electronic information used to issue the electronic certificate for passport) of the electronic certificate for passport which is consistent with the verification key (referring to electronic information used to verify the electronic certificate for passport; hereinafter the same shall apply) of the electronic certificate for passport under Article 23 (2) of the Act.
law view
 Article 41 (Issuance of Electronic Certificate for Passport)   print
(1) The electronic certificate for passport issued by the Minister of Foreign Affairs and Trade may include the matters falling under any of the following subparagraphs:
1. Name of the Ministry of Foreign Affairs and Trade which is the agency in charge of the electronic certification for passport;
2. Verification key for electronic certificate for passport in the name of the Ministry of Foreign Affairs and Trade;
3. Method of electronic signature to be used in electronic signature of passport;
4. Serial number and term of validity of electronic certificate for passport;
5. Where the scope of use or purpose of the electronic certificate for passport is restricted, the relevant matters.
(2) The Minister of Foreign Affairs and Trade shall place an electronic signature on each electronic certificate for passport by using the public key of the electronic certificate for passport which is consistent with the verification key of the electronic certificate for passport under paragraph (1) 2.
(3) The term of validity of each electronic certificate for passport shall be prescribed by the Minister of Foreign Affairs and Trade by taking into account the scope of use, safety of technology used, etc.
law view
 Article 42 (Provision of Public Key, etc. for Electronic Certificates for Passport)   print
The Minister of Foreign Affairs and Trade may provide the International Civil Aviation Organization and foreign governments with the public key, verification key, etc. for electronic certificate for passport as means to confirm whether the passport has been actually issued.
law view
 Article 43 (Keeping and Management of Records of Certification)   print
The Minister of Foreign Affairs and Trade shall safely keep and manage records of public key and verification key of electronic certificate for passport and authority for authentication.
law view
 Article 44 (Management of Electronic Certificates for Passport)   print
(1) The Minister of Foreign Affairs and Trade shall keep the electronic certificates for passport for at least ten years from the date of its issuance.
(2) The Minister of Foreign Affairs and Trade shall safely keep and manage the public key for electronic certificate for passport and take measures to secure the security and reliability of the authority for authentication.
(3) Detailed matters concerning the guideline to authority for passport electronic authentication and management shall be prescribed by the Minister of Foreign Affairs and Trade,
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on June 29, 2008: Provided, That the provisions concerning fingerprints of passport holders referred to in Article 7 (1) 3 of the Act of the amended provisions of Articles 3 (1) and (3) and 4 and the payment of the fees by credit card of the amended provision of Article 38 shall enter into force on January 1, 2010.
Article 2 (Transitional Measures concerning Extension of Term of Validity of Previous Ordinary Passports)
Where the term of validity of multiple ordinary passports issued prior to June 29, 2008 is less than ten years, the Minister of Foreign Affairs and Trade may extend its term of validity to the date for which ten years have elapsed from the first date of issuance pursuant to the previous provisions. In such cases, the application for extension of the term of validity shall be filed within the period from one year before the expiry of the term of validity of the passport to one year after the expiry.
Article 3 (Transitional Measures concerning Issuance of Passports to Dependant Children who have been included in Passports)
Any dependent children who have been included in the passport already issued as at October 8, 2004 need not obtain a separate passport during the term of validity of such passport: Provided, That this shall not apply to those who become eight years old or more during the term of validity of such passport.
Article 4 Omitted.
ADDENDA <Presidential Decree No. 21614, Jul. 7, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
(1) Where a holder of a valid official passport at the time this Decree enters into force does not fall under a person entitled to issuance of the official passport under the amended provisions of Article 7, he/she shall, notwithstanding the amended provisions of Article 7, be subject to the previous provisions until six months elapse from the date this Decree enters into force.
(2) Where a holder of valid diplomatic passport at the time this Decree enters into force does not fall under a person entitled to issuance of the diplomatic passport under the amended provisions of Article 10, he/she shall, notwithstanding the amended provisions of Article 10, be subject to the previous provisions until six months elapse from the date this Decree enters into force.
ADDENDA <Presidential Decree No. 21914, Dec. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2010.
Article 2 (Applicability)
The amended provisions of Article 6 (3) and the attached Table shall apply to the person who, for the first time after this Decree enters into force, applies for the reissuance of a passport or issuance of a new passport as blank pages for visa stamping remain.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 22393, Sep. 20, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
Persons who applied for issuance of an ordinary passport as at the time this Decree enters into force, former provisions shall apply, notwithstanding the amended provisions of Article 6 (2).
ADDENDA <Presidential Decree No. 22564, Dec. 29, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 30, 2010. <Proviso omitted>
Article 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 23181, Sep. 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Valid Term of Passports)
The amended provisions of Article 6 (2) 6 shall begin to apply to the first person who loses his/her passport after this Decree enters into force.