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How Exit Bans Work (for Foreigners) in South Korea

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1. Exit Suspention (출국정지) of Foreign Nationals

A. Definition

“Exit suspension” or “suspention of deaprture” (출국정지) is a term used with respect to foreign nationals (i.e. non-Koreans) and refers to a system whereby the Minister of Justice may suspend a foreign national’s departure from South Korea for the purposes of criminal investigation, among others. It corresponds to the concept of an “exit ban” (출국금지) applicable to Korean nationals. In other words, an “exit ban” on a foreign national is essentially called an “exit suspension” or a “suspension of departure.”

B. Persons Subject to Exit Suspension

1) The Minister of Justice may prohibit a following person from departing from the Republic of Korea for a prescribed period not exceeding six months:

  • A person undergoing criminal trial (i.e. a person already indicted);
  • A person whose imprisonment with or without labor has not completed;
  • A person who fails to pay a criminal fine or surcharge of at least the amount prescribed by Presidential Decree;
  • 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;
  • A person who undergoes deliberations and decisions by the Deliberative Committee on Payment of Child Support among obligors for child support under Article 21-4 (1) of the Act on Enforcing and Supporting Child Support Payment;
  • A person equivalent to those referred to in subparagraphs 1 through 5, whose departure is determined inappropriate by Ordinance of the Ministry of Justice, as he or 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 or her departure from the Republic of Korea is deemed inappropriate for criminal investigations. Moreover, any of the following persons shall be prohibited from departing from the Republic of Korea for the period prescribed in each subparagraph:

  • A person in respect whom it has been determined to stay prosecution or investigation (limited to suspects) due to his or 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.
  • A person in respect whom it has been determined to stay prosecution or investigation (limited to suspects) and an arrest warrant or bench warrant has been issued –> Within the period of validity of the warrant.

C. Principle of Minimum Necessity

Exit suspension must be imposed only to the minimum extent necessary.

If a foreign national is already under exit suspension, and another agency requests an exit suspension for the same reason, the Minister of Justice shall not impose a new suspension but must notify the requesting agency of the existing suspension.


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2. Emergency Exit Suspension (긴급출국정지) of Foreign Nationals

A. Persons Subject to Emergency Exit Suspension

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 official conducting departure inspections to prohibit the person from departing from the Republic of Korea:

  • Where a suspect has fled or is likely to flee, or
  • Where a suspect is likely to destroy evidence;

B. Procedure for Emergency Exit Suspension

1) Action by Immigration Official

Upon receiving a request, the immigration official must not allow the foreign national to depart during departure inspection.

2) Request for Approval by the Minister of Justice

The investigative agency must request approval from the Minister of Justice within 6 hours of making the emergency request. A prosecutor’s review opinion and an emergency exit suspension report outlining the facts and reasons must be attached.

Upon receipt of a request for approval, the Minister of Justice shall examine and decide: a) whether to approve suspension or not + b) for how long (to suspend), in case of approval.

3) Lifting of Emergency Exit Suspension

The Minister of Justice must lift the suspension if:

  • The investigative agency does not request approval within 6 hours, or
  • Approval is not granted within 12 hours of the request.

If lifted, the investigative agency may not file another emergency request for the same criminal facts.


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3. Extension of Exit Suspension Period

The Minister of Justice may decide to extend the period of an exit suspension, when deemed necessary to do so:

  • The head of the agency who originally requested the exit suspension may request to an extension to the Minister of Justice no later than three days prior to the expiration of the exit suspension.
  • In such cases, the Minister of Justice may seek the opinions of, or request related data from, the heads of relevant agencies.
  • Even when an extension is approved, it must not exceed the corresponding maximum suspension period set by the law.


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4. Lifting of Exit Suspension

The Minster of Justice shall immediately lift an exit suspension when the grounds for such a suspension cease to exist or a suspension is no longer necessary.
The head of the agency who originally requested an exit suspension must immediately request the Minster of Justice to lift an exit suspension when the grounds for it cease to exist. Upon receipt of a written request, the Minister of Justice shall without delay examine and decide whether to lift the exit suspension.

The Minister may also decide to lift a suspension:

  • Where it is recognized that the exit suspension makes it difficult for the person to maintain their livelihood;
  • Where it is recognized that the exit suspension is likely to cause serious, irreparable harm;
  • Where it is recognized that there is any other reason (e.g. humanitarian) necessitating the lifting of the exit suspension.

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