RE: A Foreigner’s Obligation to Carry Identification at All Times (in South Korea)
1. The Legal Obligation — Article 27 of the Immigration Act
Article 27(1) of the Immigration Act provides as follows.
“A foreigner staying in the Republic of Korea must at all times carry a passport, a seafarer’s identity document, a foreigner entry permit, an alien registration card, a mobile alien registration card, or a landing permit (hereinafter “passport, etc.”). However, this does not apply to a foreigner under 17 years of age.” (Immigration Act, Article 27(1))
Furthermore, under paragraph 2 of the same Article, where an immigration officer or an authorized public official (including a police officer) requests the presentation of the passport, etc. in connection with the performance of duties, the foreigner must present it (Immigration Act, Article 27(2)).
A. Summary of the obligation
| Category | Content |
|---|---|
| Who bears the obligation | A foreigner staying in the Republic of Korea (17 years of age or older) |
| What must be carried | One of: passport, alien registration card, mobile alien registration card, seafarer’s identity document, foreigner entry permit, or landing permit |
| Spatial scope | “At all times” — indoors or outdoors, with no distinction between inside and outside the home |
| Exception | A foreigner under 17 years of age |
B. Sanction for violation
A person who violates the above obligation—that is, who does not carry the passport, etc. or fails to comply with a request to present it—is subject to a fine of up to KRW 1 million (Immigration Act, Article 98, subparagraph 1).
2. The State of Application in the Precedents
In a number of lower-court judgments, where a foreigner was asked by a police officer to present identification but could not, having failed to carry the passport, etc., a guilty verdict was rendered for a violation of the Immigration Act. Specific examples are as follows:
- Failing to comply with a police officer’s request to present a passport during a drunk-driving check (Suwon District Court, Yeoju Branch, Jan. 9, 2024, 2023gojeong318).
- Failing to comply with a presentation request by a police officer dispatched on a traffic-accident report (Gwangju District Court, Haenam Branch, Jan. 7, 2021, 2020godan453).
- Failing to comply with a presentation request by a police officer dispatched on a 112 emergency call (Seoul Southern District Court, Oct. 13, 2023, 2023godan2797).
- Failing to comply with a police officer’s presentation request during a jaywalking check (Suwon District Court, Ansan Branch, July 17, 2015, 2015godan1830).
As these show, the courts consistently find guilt where a foreigner, asked to present identification by a police officer or other authorized public official outside the home, was not carrying the passport, etc.
3. Practical Aspects
A. The scope of the obligation under the statutory text
Because the statutory text requires that the document be carried “at all times,” in theory the obligation to carry it at all times applies even when the person is inside the home. In practice, however, cases in which a public official requests presentation inside the home are extremely rare, and it should also be considered that, for an immigration officer to enter and investigate a third party’s residence or a place of business not open to the free access of the general public, the prior consent of the resident or manager is required (Supreme Court, Mar. 12, 2009, 2008do7156).
B. When the problem arises in practice
In reality, the punishment issue mostly arises in situations where the person is asked to verify identity by a police officer or the like while out. As the precedents above show, police officers request the presentation of identification in various situations—traffic checks, dispatch on a crime report, drunk-driving checks, and the like—and a person who cannot comply is reported and punished for a violation of the Immigration Act.
C. Practical points
- Where loss of the original passport is a concern, carrying an alien registration card or a mobile alien registration card instead is a practical alternative.
- A short-term visitor not subject to alien registration (a tourist, etc.) is safer carrying the passport directly, or at least maintaining a state in which it can be presented quickly.
- Although the sanction for a violation is the relatively light one of a fine of up to KRW 1 million, where other violations such as unlawful overstay are revealed together, it may lead to more serious consequences such as forced removal.
4. Conclusion
Article 27 of the Immigration Act imposes on a foreigner 17 years of age or older the obligation to carry the passport, etc. at all times regardless of place, and a violation is subject to a fine of up to KRW 1 million (Immigration Act, Article 98, subparagraph 1). In reality, punishment mostly occurs in situations where the person cannot comply with a police officer’s request to present identification while out, and the courts, too, consistently find guilt in such cases.
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