The Korean E-1 (Professor) Visa
I. The Big Picture
1. Overview
The E-1 visa is the Professor (敎授) status of stay, a long-term status of stay granted to foreign nationals who meet the qualifications under the Higher Education Act and intend to engage in educational, research, or instructional activities in a specialized field at a junior college or higher educational institution, or at an equivalent institution (Enforcement Decree of the Immigration Act, Article 12, Annex 1-2).
The criteria and procedures for visa issuance are prescribed by Ministry of Justice ordinance (Immigration Act, Article 8(3)), and the Minister of Justice may delegate the authority over visa issuance to the heads of overseas missions (Immigration Act, Article 8(2)).
2. Specific Requirements
A. Eligibility Requirements
According to court decisions, the E-1 (Professor) status of stay is defined as being for “a foreign national who meets the qualification requirements under the Higher Education Act and intends to engage in educational, research, or instructional activities in a specialized field at a junior college or higher educational institution, or at an equivalent institution” (Daejeon District Court, Judgment of July 11, 2018, 2017Guhap106632).
1) Institutional Requirement
- A junior college or higher educational institution (junior college, university, graduate school, etc.)
- An equivalent research or educational institution
2) Activity Requirement
- Educational activities in a specialized field
- Research or instructional activities in a specialized field
3) Qualification Requirement
- Must hold the teaching qualification required under the Higher Education Act
- Typically a holder of a doctoral degree in the relevant specialized field, or a person with an equivalent level of professional career experience
3. Required Documents
A. Basic Documents
| Category | Documents |
|---|---|
| Identity | Passport copy; visa application form |
| Education | Final degree certificate (diploma and transcript) |
| Career | Career certificate; curriculum vitae |
| Employment | Employment contract or letter of appointment |
| Institution | Business registration certificate or corporate registration certificate of the inviting institution |
| Other | Photograph (meeting specifications) |
B. Availability of Electronic Visa (e-Visa)
The E-1 visa is among the categories eligible for application through the Korea Visa Portal electronic visa system. The electronic visa is a visa applied for and issued through the visa portal in order to eliminate the inconvenience of visiting an overseas mission.
1) Application Procedure (Filed by the Foreign National Directly)
Complete electronic application form → electronic payment → invitation confirmation → receipt and review → print and transmit electronic visa issuance confirmation
2) Application Procedure (Filed by the Sponsor as Proxy)
Login → complete electronic application form → electronic payment → receipt and review → print and transmit electronic visa issuance confirmation
C. Science Card
Applying for an E-1 visa with a Science Card entitles the applicant to facilitated visa issuance and stay authorization. The Science Card scheme is “a system designed to provide facilitated visa issuance and stay authorization to high-caliber foreign science and technology professionals, with the aim of supplementing shortages in high-level human capital through the recruitment of advanced talent from abroad in the fields of science and technology, and of promoting the introduction of foreign technology.”
- Eligible applicants: Foreign nationals seeking employment at a junior college or higher educational institution, government-funded research institute, national or public research institute, or corporate research laboratory in science and engineering fields
- Qualification requirements: (i) Holder of a doctoral degree or higher in a science or engineering field; or (ii) holder of a master’s degree or higher in a science or engineering field with at least 3 years of research and development experience in the relevant specialized field
4. Key Cases
A. Whether a Refusal of Visa Issuance Constitutes a Reviewable Administrative Disposition
As a general rule, visa issuance to foreign nationals is a matter of national sovereign authority and is not subject to administrative litigation. However, in the case of overseas Koreans — who are treated differently from ordinary foreign nationals — there is a case holding that a refusal of visa issuance does constitute an administrative disposition subject to administrative litigation (Seoul Administrative Court, Judgment of Nov. 14, 2007, 2007Guhap21204).
B. Form of Notification of Refusal of Visa Issuance
When refusing to issue a visa, the head of the overseas mission may notify the applicant by entering the result of the denial on the Korea Visa Portal website so that the applicant can check it, pursuant to Article 9-6 of the Enforcement Regulations of the Immigration Act. This falls within the “cases provided for by special provisions in other statutes” under Article 24(1) of the Administrative Procedure Act (Seoul Administrative Court, Judgment of June 19, 2024, 2023Gudan77064).
C. Permissibility of Administrative Litigation After Denial of Application for Certificate of Confirmation of Visa Issuance
In cases where a foreign national applied for a Certificate of Confirmation of Visa Issuance for E-1 (Professor) status and was denied, the court held that a person who has lawfully entered Korea and stayed for a substantial period has already formed a substantive connection with Korea or a legally protectable interest in Korea, and accordingly has a legal interest in seeking revocation of the disposition.
By contrast, a foreign national who has not entered Korea may find it difficult to challenge a refusal of visa issuance through administrative litigation.
D. Discretion in Change of Status of Stay
A permit to change status of stay — including to E-1 — is a constitutive administrative disposition, and the authorizing authority has broad discretion to decide whether to grant the permit, taking into account the applicant’s suitability, the purpose of stay, and the impact on the public interest (Changwon District Court, Judgment of July 17, 2019, 2019Gudan10031; Seoul Administrative Court, Judgment of Jan. 11, 2017, 2016Gudan60211).
E. Departure Order Cases
Even a foreign national staying under E-1 (Professor) status may be subject to a lawful departure order where there is a history of repeated statutory violations — such as refusing a breathalyzer test or operating an unregistered vehicle (Seoul Administrative Court, Judgment of Dec. 27, 2018, 2018Gudan74269).
5. Obligations After Obtaining the Visa
A. Compliance with the Scope of Status of Stay
E-1 visa holders may only engage in educational, research, and instructional activities. To engage in activities other than those corresponding to the status of stay, the holder must obtain prior permission from the Minister of Justice to change the status of stay (Immigration Act, Article 24(1)).
B. Extension of Period of Stay
To continue staying beyond the authorized period, the holder must obtain an extension permit from the Minister of Justice before the period expires (Immigration Act, Article 25). Overstaying constitutes illegal residence and may result in deportation (Immigration Act, Article 46(1)(8)).
C. Obligation to Register as a Foreign Resident
A foreign national who enters Korea lawfully and stays beyond a certain period is required to register as a foreign resident. Failure to do so may result in deportation (Immigration Act, Article 46(1)(12)).
D. Change-of-Residence Notification
Upon changing residence, the holder must file a notification within the prescribed period. Failure to do so may result in a penalty surcharge (see Seoul Administrative Court, Judgment of Dec. 27, 2018, 2018Gudan74269).
E. Permit Required for Change of Workplace
An E-1 visa holder who wishes to change or add a workplace must follow separate authorization or notification procedures. Failure to comply may result in deportation (Immigration Act, Article 46(1)(9)).
F. Special Provisions on Maximum Period of Stay in Certain Zones
For E-1 visa holders employed at foreign-invested companies located within a free economic zone, the Minister of Justice may, in consultation with the Minister of Trade, Industry and Energy, set a different maximum period of stay per grant (Special Act on the Designation and Operation of Free Economic Zones, Article 24-3). In addition, under Article 41-5 of the Enforcement Decree of the Enterprise City Development Special Act, a special provision may apply setting the maximum period of stay per grant at 7 years for E-1 status (Enforcement Decree of the Enterprise City Development Special Act, Article 41-5(1)(1)).
Summary: The E-1 visa is for foreign nationals who meet the qualification requirements under the Higher Education Act and intend to engage in educational, research, or instructional activities at a junior college or higher institution. Electronic visa applications are available. After obtaining the visa, holders must diligently observe a range of obligations, including compliance with the permitted scope of activities, timely extension of the period of stay, foreign resident registration, and obtaining authorization when changing workplaces.
II. “Qualification Requirements Under the Higher Education Act” for E-1 Visa Applications
1. Structure of the Statutory Qualification Requirements
The “qualification requirements under the Higher Education Act” prescribed as a condition for E-1 (Professor) status are not defined directly in Annex 1-2 of the Enforcement Decree of the Immigration Act; instead, the Decree delegates to the Higher Education Act and its subordinate legislation, the Presidential Decree on Qualification Standards for University Faculty Members (Enforcement Decree of the Immigration Act, Article 12, Annex 1-2).
Article 16 of the Higher Education Act provides that “matters concerning the qualification standards and qualification recognition for persons who may become faculty members or teaching assistants shall be prescribed by Presidential Decree” (Higher Education Act, Article 16). Article 2 of the Presidential Decree on Qualification Standards for University Faculty Members, enacted pursuant to this provision, sets out the governing criteria.
2. Qualification Requirements Under the Presidential Decree on Qualification Standards for University Faculty Members
Article 2 of the Decree recognizes two categories of persons eligible to become professors, associate professors, assistant professors, and lecturers (collectively “faculty members”) (Presidential Decree on Qualification Standards for University Faculty Members, Article 2).
A. Category 1: Persons Meeting the Qualification Standards in the Annex
The Annex to the Decree sets out specific qualification standards by rank. The key content is as follows.
1) Professor
| Requirement | Content |
|---|---|
| Degree | Holder of a doctoral degree |
| Career | Minimum period of research or teaching experience in the relevant field |
2) Associate Professor
| Requirement | Content |
|---|---|
| Degree | Holder of a doctoral degree |
| Career | Minimum period of research or teaching experience in the relevant field |
3) Assistant Professor
| Requirement | Content |
|---|---|
| Degree | Holder of a doctoral degree |
| Career | Minimum period of research or teaching experience in the relevant field |
4) Lecturer
| Requirement | Content |
|---|---|
| Degree | University graduate or higher |
| Career | At least 2 years of research experience + at least 1 year of teaching experience in the relevant field (or holder of a doctoral degree) |
Key practical point: A doctoral degree is in principle required for the ranks of professor, associate professor, and assistant professor. For lecturers, the qualification standard can be met without a doctoral degree, with a bachelor’s degree or higher combined with at least 2 years of research experience and at least 1 year of teaching experience. Courts have also confirmed that, among full-time faculty at universities, those without a doctoral degree are limited to exceptional cases such as foreign faculty, arts and physical education faculty, and industry-academia cooperation faculty (Daejeon District Court, Judgment of Dec. 21, 2016, 2016Guhap101807).
B. Category 2: Persons Recognized by a University Personnel Committee or Faculty Personnel Committee (Faculty Members Only)
Article 2(2) of the Decree also recognizes faculty qualification where a person has been approved by a university personnel committee established under Article 5 of the Educational Officials Act, or by a faculty personnel committee established under Article 53-2 of the Private School Act (Presidential Decree on Qualification Standards for University Faculty Members, Article 2(2)).
This is an alternative pathway through which a person may be appointed as a faculty member even without meeting the formal qualification standards in the Annex, provided the university’s personnel committee recognizes the person’s substantive expertise.
3. Whether a Master’s Degree Plus Professional Experience Alone Can Be Recognized Without a Doctoral Degree
A. General Rule: Doctoral Degree Required for Professor, Associate Professor, and Assistant Professor
A doctoral degree is in principle required for the ranks of professor, associate professor, and assistant professor. Courts have confirmed this (Daejeon District Court, Judgment of Dec. 21, 2016, 2016Guhap101807).
B. Cases Where Recognition Without a Doctoral Degree Is Possible
1) Lecturer Rank
A lecturer may meet the qualification standard without a doctoral degree by satisfying the requirements of a bachelor’s degree or higher, at least 2 years of research experience, and at least 1 year of teaching experience. Courts have also held that “holders of doctoral degrees and persons who have completed doctoral coursework may be appointed as part-time lecturers even without special teaching or research experience, whereas many universities require a certain period of teaching and research experience for holders of master’s or bachelor’s degrees to become part-time lecturers” (Seoul High Court, Judgment of Sept. 15, 2005, 2004Nu26750; 2004Nu26767 (consolidated)).
2) Recognition by a University Personnel Committee or Faculty Personnel Committee
As noted above, even where the formal qualification standards in the Annex are not met, faculty qualification may be conferred where the university’s personnel committee grants recognition (Presidential Decree on Qualification Standards for University Faculty Members, Article 2(2)). In such cases, submitting the personnel committee’s recognition decision as supporting documentation when applying for an E-1 visa is essential.
3) Arts, Physical Education, and Other Specialized Fields
In arts, physical education, and practice- or vocation-oriented fields, there is a practical convention of appointing faculty without a doctoral degree on the basis of a master’s degree plus professional experience in the relevant field. Courts have also confirmed that the absence of a doctoral degree is exceptionally permitted for “arts and physical education faculty” (Daejeon District Court, Judgment of Dec. 21, 2016, 2016Guhap101807).
4) Adjunct Faculty and Invited Faculty
Under Article 7 of the Enforcement Decree of the Higher Education Act, adjunct faculty (겸임교원) may be appointed where a person meets the qualification standard of assistant professor or higher, has specialized knowledge in the relevant field, and has at least 3 years of work experience at the institution of primary affiliation. Invited faculty (초빙교원) may likewise be appointed where a person meets the qualification standard of assistant professor or higher, or holds equivalent career experience in the relevant field, and is to be engaged to teach a specialized subject (Enforcement Decree of the Higher Education Act, Article 7(2) and (3)). In these cases, it may be possible to apply for an E-1 visa on the basis of a master’s degree plus professional experience, without a doctoral degree.
4. Summary of Practical Considerations
A. Summary Table of Requirements by Rank
| Rank | Doctoral Degree Required? | Master’s + Experience Recognized? |
|---|---|---|
| Professor / Associate Professor / Assistant Professor | Required in principle | Exception possible with personnel committee recognition |
| Lecturer | Not required | Available with 2+ years research + 1+ year teaching experience |
| Adjunct Faculty | Not required (assistant professor qualification or specialized knowledge) | Available with 3+ years at institution of primary affiliation |
| Invited Faculty | Not required (assistant professor qualification or equivalent experience) | Available with relevant field experience |
B. Practical Points for E-1 Visa Applications
- Where the applicant does not hold a doctoral degree, obtaining an E-1 visa for the ranks of professor, associate professor, or assistant professor on the basis of a master’s degree and professional experience alone may be difficult.
- However, an E-1 visa application without a doctoral degree may be possible in the following situations: (i) where the applicant is appointed as a lecturer; (ii) where the applicant is appointed as adjunct or invited faculty; or (iii) where the applicant has obtained recognition from the university’s personnel committee.
- Because the Minister of Justice (or the head of the relevant overseas mission) exercises broad discretion when refusing to issue a visa (Seoul Administrative Court, Judgment of Jan. 11, 2017, 2016Gudan60211), thorough preparation of documentation proving satisfaction of the qualification requirements is crucial.
- In particular, where qualification is based on recognition by a personnel committee, it is practically important to attach the minutes of the personnel committee meeting and the written recognition decision without fail.
III. University Personnel Committee Recognition: Procedures, Requirements, and Effect on Visa Issuance Review for E-1 Visa Applications
1. Legal Basis for University Personnel Committee Recognition
Article 2 of the Presidential Decree on Qualification Standards for University Faculty Members recognizes two categories of persons eligible to become faculty members. Sub-item 2 covers “persons recognized by a university personnel committee established under Article 5 of the Educational Officials Act, or by a faculty personnel committee established under Article 53-3 of the Private School Act (hereinafter ‘the respective committees’) — applicable to faculty members only” (Presidential Decree on Qualification Standards for University Faculty Members, Article 2(2)).
This is an alternative pathway through which a person may acquire faculty qualification even without meeting the formal qualification standards in the Annex (degree, career experience, etc.), provided the university’s personnel committee recognizes the person’s substantive expertise.
2. Specific Procedures for University Personnel Committee Recognition
A. Application Procedure for Qualification Recognition (Chapter 3 of the Presidential Decree on Qualification Standards for University Faculty Members)
A person seeking qualification recognition must submit the following documents to the chairperson of the relevant committee, through the head of the institution (Presidential Decree on Qualification Standards for University Faculty Members, Article 13).
| Document | Notes |
|---|---|
| 7 copies of dissertations or publications | Core material for proving expertise |
| 7 copies of research summaries | Summary of research content |
| Curriculum vitae and career certificates | Limited to those necessary for qualification recognition |
| 1 copy of academic transcript |
B. Preliminary Review Procedure
Upon receiving an application, the chairperson must select three or more preliminary reviewers from among faculty members or persons with extensive academic knowledge and experience, and commission them to review the applicant’s dissertation and other materials (Presidential Decree on Qualification Standards for University Faculty Members, Article 14(1)). The preliminary reviewers must complete their review within the designated deadline and report the results to the chairperson, each appending their individual opinion (Presidential Decree on Qualification Standards for University Faculty Members, Article 14(2)).
C. Committee Deliberation and Resolution
Upon receiving the preliminary review report, the chairperson convenes the relevant committee to determine whether to grant recognition (Presidential Decree on Qualification Standards for University Faculty Members, Article 14(3)). Resolutions require the attendance of a majority of the total membership, including the chairperson and vice-chairperson, and the approval of a majority of those present; however, a resolution to grant qualification recognition requires the approval of at least two-thirds of those present (Presidential Decree on Qualification Standards for University Faculty Members, Article 16).
The committee may, where it deems it necessary for the review, require the applicant to appear and submit supplementary materials or conduct an experiment, or may make enquiries of the relevant authorities (Presidential Decree on Qualification Standards for University Faculty Members, Article 15).
D. Scope of Persons Eligible for Committee Recognition (Article 11)
Article 11 of the Presidential Decree specifically enumerates the categories of persons who may become faculty members through committee recognition (Presidential Decree on Qualification Standards for University Faculty Members, Article 11).
1) Sub-item 1: Relaxed Career Requirements
A graduate of a university or junior college, or a person with equivalent or higher qualification, who, after graduation or acquisition of qualification, has accumulated career experience equivalent to at least one-half of the aggregate years of research performance and teaching experience required by rank under the Annex.
2) Sub-item 2: Research Performance Plus Non-University Teaching Experience
A graduate of a university or junior college, or a person with equivalent or higher qualification, who, after graduation, has the requisite years of research performance under the Annex and has teaching experience at a school other than a university or junior college for a number of years corresponding to the years of teaching experience required under the Annex.
3) Sub-item 3: Persons Teaching Specialized Subjects or with Outstanding Research Achievement
A person who is to be engaged to teach a subject that could not have been, or was difficult to have been, covered by education at domestic schools, and whose research performance meets the years of research performance required under the Annex; or a person whose dissertations, publications, or other research achievements are outstanding but whose academic qualifications do not meet the Annex standards.
Key practical point: Sub-item 3 is the most commonly used pathway for foreign nationals who hold a master’s degree and professional experience but not a doctoral degree. In particular, recognition may be obtained in arts and physical education, practical and vocational fields, specialized foreign-language instruction, and industrial and vocational fields, on the grounds that the subject “could not have been covered, or was difficult to cover, through domestic school education,” or that “research achievements are outstanding.”
4) Sub-item 4: Natural Science Researchers or Agricultural Extension Officers in Civil Service
Persons currently serving as natural science researchers or as Grade 5 or higher agricultural extension officers under the State Public Officials Act.
E. Disqualifying Grounds
A person falling under any of the grounds listed in Article 33 of the State Public Officials Act may not be granted faculty qualification recognition (Presidential Decree on Qualification Standards for University Faculty Members, Article 12).
F. Composition of the University Personnel Committee
For national universities, the university personnel committee is composed of the head of the department responsible for faculty personnel affairs at the university and five or more faculty members designated by the head of the university in accordance with the university’s bylaws (Regulations on Personnel Committees for Educational Officials, Article 10(1)). Female members must constitute at least 20 percent of the committee (Regulations on Personnel Committees for Educational Officials, Article 10(2)). For private universities, the faculty personnel committee established under Article 53-3 of the Private School Act serves the equivalent function (Private School Act, Article 53-2(6)).
3. Legal Nature and Limits of University Personnel Committee Recognition
A. Legal Nature of Recognition: An Internal Procedural Step Only
The Supreme Court has clearly held that “the consent to appointment by a university personnel committee is merely an internal procedural step required for the appointing authority to make an appointment, and does not bind the appointing authority or impose an obligation to appoint” (Supreme Court, Judgment of Jan. 23, 1998, 96Nu12641).
In other words, even where the university personnel committee grants recognition, the appointing authority (e.g., the university president) is not bound by that recognition and retains the discretion to decline the appointment.
B. Discretion of the Appointing Authority
The Supreme Court has also held that “in a case where the president of a national university declined to appoint a professor, showing respect for the resolution of the university personnel committee, the refusal to appoint did not appear manifestly unreasonable in light of generally accepted social norms, and there was no unlawfulness constituting a deviation from or abuse of discretion” (Supreme Court, Judgment of Sept. 28, 2006, 2004Du7818). This reaffirms that a personnel committee resolution does not bind the appointing authority.
4. Effect of University Personnel Committee Recognition on Ministry of Justice Visa Issuance Review
A. Legal Framework of Visa Issuance Review
The criteria and procedures for visa issuance are prescribed by Ministry of Justice ordinance (Immigration Act, Article 8(3)). Upon receiving a visa application, the head of the overseas mission reviews: (i) whether the applicant holds a valid passport; (ii) whether the applicant is subject to an entry ban; (iii) whether the applicant qualifies for a status of stay designated in the Annexes to the Enforcement Decree of the Immigration Act; (iv) whether the applicant is expected to return home within the period of stay; and (v) whether the applicant meets the criteria separately prescribed by the Minister of Justice for each status of stay (Enforcement Regulations of the Immigration Act, Article 9-2).
Of these, item (iii) — whether the applicant qualifies for the relevant status of stay — is central. Whether the university personnel committee has granted recognition becomes an important item of evidence in assessing whether the applicant satisfies the “qualification requirements under the Higher Education Act” for E-1 status.
B. Broad Discretion of the Visa-Issuing Administrative Authority
Courts have consistently held that “a refusal to issue a visa is a constitutive administrative disposition over which the authorizing authority has broad discretion to decide whether to grant the permit, taking into account the applicant’s suitability, the purpose of stay, and the impact on the public interest” (Daejeon District Court, Judgment of July 11, 2018, 2017Guhap106632). The Supreme Court has further held that “visa issuance does not constitute a full entry authorization decision that confers on a foreign national a right to enter Korea or guarantees entry, but rather functions as a preliminary condition for entry or a recommendation toward an entry authorization” (Supreme Court, Judgment of May 15, 2018, 2014Du42506).
Accordingly, even where the university personnel committee has granted recognition, the Ministry of Justice (or the overseas mission) is not bound by that recognition and may independently assess whether the applicant qualifies for E-1 status.
C. Degree of Practical Influence
1) Positive Effects
University personnel committee recognition functions as significant indirect evidence in visa issuance review for the following reasons.
- Because Article 2(2) of the Presidential Decree on Qualification Standards for University Faculty Members expressly designates committee recognition as an independent statutory pathway to faculty qualification, an applicant who has obtained such recognition may formally be regarded as satisfying the “qualification requirements under the Higher Education Act.”
- From the perspective of the Ministry of Justice reviewer, the fact that the university has granted recognition following professional deliberation constitutes substantial supporting evidence of the applicant’s expertise.
2) Limitations
- Even where university personnel committee recognition has been granted, the Ministry of Justice may refuse to issue the visa in the exercise of its independent discretion.
- In particular, where the applicant has a prior record of statutory violations (Immigration Act, Article 11(1)(3) and (4)), the visa may be refused regardless of whether the qualification requirements are satisfied.
- Furthermore, because a personnel committee recognition decision does not in itself bind the appointing authority (Supreme Court, Judgment of Jan. 23, 1998, 96Nu12641), its effectiveness in visa issuance review may be limited where no actual employment contract has yet been concluded.
5. Summary of Practical Considerations
A. Documents Required When Relying on University Personnel Committee Recognition
Where an E-1 visa application is based on university personnel committee recognition, the following documents must be prepared without fail.
| Document | Notes |
|---|---|
| Minutes of the university personnel committee (faculty personnel committee) meeting | Confirms the deliberation and resolution process |
| Qualification recognition certificate (University Faculty Qualification Certificate) | Presidential Decree on Qualification Standards for University Faculty Members, Article 21(2) |
| Employment contract or letter of appointment | Proves the fact of intended appointment |
| Research performance and career supporting documents | Supplements the basis for recognition |
B. Caution Regarding Invalidity of Qualification Recognition
Where qualification recognition is obtained by fraudulent means, the review is suspended or rendered void, and a new application for qualification recognition may not be filed within 2 years from the date of that determination (Presidential Decree on Qualification Standards for University Faculty Members, Article 20). Submission of false documents may result not only in refusal of the visa but also in future entry restrictions, and accordingly demands special caution.
C. Overall Assessment
In conclusion, university personnel committee recognition constitutes a valid statutory pathway to faculty qualification for E-1 visa applications and functions as significant indirect evidence in visa issuance review. However, because the Ministry of Justice is not bound by it and may exercise independent discretion, the practical key is to combine committee recognition with an executed employment contract, comprehensive research and career documentation, and a clean record of statutory compliance.
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