Last Updated: Wednesday, 30 July 2014, 15:15 GMT

Republic of Korea: Law No. 940 of 1961, Passport Act

Publisher National Legislative Bodies
Publication Date 20 January 1961
Cite as Republic of Korea: Law No. 940 of 1961, Passport Act [Republic of Korea],  20 January 1961, available at: http://www.refworld.org/docid/3ae6b4eb28.html [accessed 31 July 2014]
Comments This is a translation published by the Statute Compilation and Dissemination Foundation of Korea in 1983. This Law was amended by Law No. 1627 of 9 April 1964, Law No. 3376 of 28 February 1981 and Law No. 3603 of 31 December 1982.
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

This is an unofficial translation

Article 1 (Purpose)

The purpose of this Act is to provide policies and procedures concerning the issuance and effect of passport, and any other- necessary matters relating thereto.

Article 2 (Bearing of Passport)

A national traveling abroad shall bear a passport issued in accordance with the provisions of this Act.

Article 3 (Types of Passports)

Passports shall be classified into an ordinary passport, an official passport and a diplomatic passport, and again each into single passport (it defines a passport effective for proceeding. abroad only once) and a multiple passport (it defines a passport effective for proceeding abroad without limitation to the times of proceeding abroad until expiration of the period of validity; hereinafter the same).
(This Article Wholly Amended by Law No. 3605, Dec. 31, 1982)

Article 4 (Authority to Issue Passports)

A passport shall be issued by the Minister of Foreign Affairs.
(This Article Wholly Amended by Law No. 3605, Dec. 31, 1982)

Article. 5 (Application for Issuance of Passports)

A person who wishes an issuance of a passport shall submit an application to the Minister of Foreign Affairs, in accordance with the provisions of the Presidential Decree.
(Amended by Law No. 3605, Dec. 31, 1982)

Article 6 (Alteration of Entries of Passport)

A person who has obtained a passport may, when. it. becomes necessary to change the entries of the passport, apply for a change of the said entries to the Minister of Foreign Affairs.
(Amended by Law No. 3605, Dec. 31, 1982)

Article 6 – 2

(1)  A person who has obtained a passport may apply for an extension on the term of validity to the Minister of Foreign Affairs and Trade.

(2) Length of the validity period, along with any other matters of importance concerning the extension on the validity term of the passport under clause #1, is to be decided by Presidential decree.

Article 7 (Reissuance)

A. person who has obtained a passport may, if the passport has been lost, seriously damaged or destroyed, or in such case as approved by, the Minister of Foreign Affairs, apply for the reissuance of the passport.
(This Article Wholly Amended. by Law No. 3605, Dec. 31,1982)

Article 8 (Restriction on Issuance of Passport)

(1) The Minister of Foreign may refuse the issuance, reissuance of a passport, alteration of the entries of a passport to an appplicant who falls under any of the following Subparagraphs.
(Amended by Law No. 3605, Dec. 31, 1982)

1.         A person whose admission into the country to be visited is denied under the laws or regulations in force of that country;

2.         A person under prosecution for a criminal act;

3.         A person who, having been sentenced for committing a crime falling under any of the Subparagraphs of article 13(1), (2) or (3), does not have the execution of the sentence completed or is freed therefrom, and a person who, having been sentenced to a fine for committing a crime falling under any of the Subparagraphs of Articles 13-2(1) or (2), does not complete the payment of the fine or is not freed therefrom;

4.         A person other than those mentioned in Subparagraph 3 who having been sentenced to not less than the imprisonment, does not have the execution of the sentence completed or is not freed therefrom;

5.         A person who is considered to have sufficient grounds for representing serious harm to the national interst or public safety of the Republic of Korea.

(2) When determining a case mentioned under Paragraph 1(5), the Minister of Foreign Affairs shall have prior consultation with the Minister of Justice.

(3) With respect to a person who falls under any of the following Subparagraphs, the Minister of Foreign Affairs may impose restriction on the issuance or alteration of the entries of a passport for a period of one year to five years from the date the case occurs:

1.         A person who, falling under Paragraph 1(3), has the execution of the sentence or the payment of the fine completed;

2.         A person who has compromised national dignity by such an act as violating the laws of a country visited.

Article 9 (Validity of Passport)

A passport shall cease to have its validity, in the case falling under any of the following Subparagraphs:
(Amended by Law No. 3376, Feb. 28, 1981; Law No. 3605, Dec. 31 1982)

1.   Upon expiration of the period of validity of a passport;

2.   Despite the regulation stipulated on no. 1 of clause 1, an extension on the passport validity period can be granted within one year after the expiration date under the regulation stipulated in clause 1 of article 6-2. In such a case, the term of validity on the extended passport shall be deemed effective on the effective on the day the extension was granted by the Minister of Foreign Affairs and Trade.

3.   Regulation stipulated on clause 2 of Article 6-2 is to be applied in the case of clause 2.

4.   When the bearer of a passport has, in accordance with the provisions of a Presidential Decreee, reported that his passport has been lost or burnt;

5.   When the passport applied for is issued or reissued, with respect to a passport returned for the purpose of application for issuance or reissuance.

Article 10 (Travel Document Serving as Passport)

(1) The Minister of Foreign Affairs may issue a travel document serving as a passport (hereinafter referred to as "a travel certificate") to a person for whom a need for it is particularly recognized.

(2) The provisions of Articles 5 to 9 shall apply mutatis mutandis to the issuance and validity of the travel certificate pursuant to the provision of Paragraph (1).
(Amended by Law No. 3605, Dec. St, 1982)

Article 11 (Return of Passport)

(1) In the case coming under any of the following Subparagraphs, the Minister of Foreign Affairs may, when he determines the need for return of a passport, order its bearer to return it by the date specified:

1.         When it is found after issuance, reissuance of a passport or alteration of the entries of a passport that its bearer is a person falling under any of the Subparagraphs of Article 8(l).

2.         When a bearer of a passport falls under any of the Subparagraphs of Article 8(1), after issuance, reissuance of the passport or alteration of the entries of the passport;

3.         When the issuance, reissuance of a passport or the alteration of the entries of a passport has been made by mistake or error.

(2) In the case of Paragraph (1)1 or 2 the provisions of Article 8(2), shall apply mutatis mutandis when making a decision whether or not a bearer of a passport falls under Article 8(1)5.

(3) A bearer of a valid passport shall, when he applies for a new passport, return the passport he bears.
(Amended by Law No. 3605, Dec. 31, 1982)

(4) When the bearer of a passport wishes to retain his passport which should otherwise be returned, the Minister of Foreign Affairs to whom it was returned may permit the bearer to retain the passport after affixing a cancellation stamp on it.
(Amended by Law No. 3376, Feb. 28, 1982; Law No. 3605, Dec. 31, 1982)

Article 12 (Fees)

The person who obtained the issuance, reissuance of a passport or alteration of the entries of a passport shall pay fees as prescribed by the Presidential Decree. However, this shall not apply to an official or a diplomatic passport.

Article 13 (Penal Provision)

(1) A person who has, in violation of Article 2, traveled abroad without due passport shall be punished under the provisions of the Illegal Flight Abroad Act.

(2) A person who obtained the issuance, reissuance of a passport or alteration of the entries of a passport through making a false statement in documents for application, or committing any other fraudulent acts shall be punished by penal servitude for not more than three years or by a fine of not more than seven million Won.  (no.1 and no.2 conditions are deleted)

(3) A person who falls under any of the following Subparagraphs shall be punished by penal servitude for not more than two year or by a fine of not more than five million Won:

 1. A person who has used a passport which bears the name of another person

 2. A person who, for the purposed of having his passport used by another person, has handed over or loaned his passport to another person, or any mediatory agent involved in the exchange.

(4) A person who falls under any of the following Subparagraphs shall be punished by penal servitude for not more than two year or by a fine of not more than five million Won:

1. Deleted on 2003.5.27

2. A person who, for the purpose of using a passport which bears the name of another person, has received or borrowed a passport from another person.

3. A person who used an invalid passport.

4. A person who provided or was provided a passport as a mean to fulfill an obligation.

Article 13-2 (Fine for Negligence)

(1) A persons who, after being ordered to return his passport pursuant to the provisions of Article 11(1), has not returned it without due reason within the specified period of tine shall be subject to a fine of not more than five hundred thousand Won.
(This Article Newly Inserted by Law No. 3605, Dec. 31, 1982)

(2) Amount of the subjected fine under the regulation stipulated in clause #1 shall be determined by Presidential decree and shall be imposed and collected by the Minister of Foreign Affairs and Trade.

(3) A person who wishes to object to the negligence fine determined under the regulation stipulated in Clause #2, can file an objection claim to the Minister of Foreign Affairs and Trade within thirty days after receiving notification of the fine.

(4) A person who, under the regulation stipulated in Clause #2, has been subjected to a fine and, under the regulation stipulated in clause #3, files an objection claim to the fine, the Minister of Foreign Affairs and Trade must notify the competent court about the filed claim, and the court, under the Voluntary Matters Proceedings Act, shall hold a trial concerning the fine.

(5) When a person fails to submit his/her fine without submitting an objection claim within the period stipulated under clause #3, the fine shall be collected in accordance to the case under the "Disposition of National Taxes in Arrears".

Article 14 (Confiscation)

The Minister of Foreign Affairs may confiscate the passport of any person falling under Subparagraphs of Article 13 (2) or (3) or Paragraph (1) or (2) of Article 13-2.

(This Article Wholly Amended by Law No. 3605, Dec. 31, 1982)

Article 15 (Delegation of Passport Service)

(1) With respect to the ordinary passport including the travel certificate the Minister of Foreign Affairs may, in accordacne with the provisions of the presidential Decreee, delegate the service relating to the issuance, the reissuance, the alteration of the entries and the order to return of passport (Hereinafter referred to as "issuance of the ordinary passport and the like") to the Consular Official, the Mayor of the Special City of Seoul, the mayors of the Direct Control Cities or the governors of Provinces (Hereinfater referred to as "the governor of Provinces")

(2) In case the service for the issuance of the ordinary passport and the like is conducted by the governors of Provinces pursuant to the provisions of the Paragraph (1), an applicant for an issuance of an ordinary passport and the like (the order to return is excluded) may apply also to the governors of Provinces under whose jurisdiction the domicile of the applicant does not fall.

(3) Minister of the Foreign Affairs and Trade may, under presidential decree, may allow police officers, immigration officers, customs officials, or officers under the Ministry of Foreign Affairs and Trade, metropolitan cities, and provincial governments who are responsible for the issuance of passports, to exercise the authority to confiscate passports based on the regulations of article 14.   

(4) An officer who is to carry out in proxy the authority stipulated under clause #3, must present, in beforehand, a voucher that authenticates the authority that he/she is permitted to exercise to the person/persons involved.   

(5) Any expenditure required during the passport issuance process executed in proxy by the governors and mayors is to be defrayed out of the national treasury.

Article 16 – Deleted <1999.9.9>

ADDENDA

(1) (Enforcement Date) This Act shall enter into force as of January 20, 1982.

(2) (Act and Decree to be Repealed) The Regulations of Overseas Passport shall be hereby repealed.

(3) (Interim Measures) The passport or a travel document serving as a passport, already issued at the time of enforcement of this Act, shall be regarded as having been issued in accordance with this Act.

ADDENDUM (Law No. 1627, Apr. 9,1964)

This Act shall enter into force as of the date of its promulgation.

ADDENDUM (Law No. 3376, Feb. 28,1981)

This Act shall -enter into force as of the date of its promulgation.

ADDENDA (Law No. 3605, 31, 1982)

(1) (Enforcement Date) This Act shall enter into force as of January 1, 1983.

(2) (Interim Measures for Application of Penal Provision) Application of penalties to the acts committed before the enforcement of this Act shall be ruled according to the former provisions.

(3) (Interim Measures for Delegation of the Service for Issuance of an Ordinary Passport and the Like). The Minister of Foreign Affairs may, even when the governors of Provinces is delegated to conduct the service for issuance of the ordinary passport and the like pursuant to the provisions of Article 15, perform the above-mentioned service directly from the date of enforcement of this Act by the date designated by the Presidential Decree. In this case, the applicant for issuance of an ordinary passport and the like (the order to return a passport is excluded) may apply to the Minister of Foreign Affairs despite the provisions of Article 15(2).

Addenda

(1) This Law shall take effect thirty days after its promulgation.

(2) Amended regulations in clause 2 and 3 of article 9, at the time when this law is to take effect, shall be applied even to those passports that have not yet passed six months after its expiration date.

(3) Penal clauses for conducts committed before this law has taken effect shall be applied in accordance to the previous regulations.

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