ROK's Compatriots Abroad Act

"nationals abroad" and "alien nationality compatriots"

By William Wetherall

First posted 18 June 2007
Last updated 1 September 2008

Compatriots abroad • Qualifications of "compatriots" | Limitations unconstitutional | Transnationalist diplomacy
1999 ROK Compatriots Abroad Act

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Compatriots abroad

In 1990, Japan revised its Immigration Control Law to facilitate the need for more foreign workers. The law relaxed conditions especially for aliens of Japanese ancestry. Second and third generation descendants of emigrant were allowed to reside and even settle in Japan with few employment restrictions. All they needed was a documentary link to a family register in Japan and a living relative willing to sponsor them.

Factories in need of workers recruited Brazilians and Peruvians of Japanese descent by the tens of thousands. Those who were married could bring their spouse and children. As a result of this mass migration, roughly 300,000 Latin Americans of Japanese descent now live and work in Japan.

Such aliens are generally referred to as "nikkeijin" (日系人), from "Nihon-kei gaikokujin" (日本系外国人), meaning "aliens of Japanese ancestry". Though some people associate the "ancestry" with race, but it is based on nationality, hence family registration.

In the late 1990s, the Republic of Korea, increasing dependent on foreign workers, similarly turned to aliens with ancestral links to the country. ROK, however, embraced such aliens in what a statute called the "Law of Compatriots Abroad" (재외 동포 법 chaeoe tongp'o pŏp 在外同胞法).

The English word "compatriots" represents the Chinese, Sino-Korean, and Sino-Japanese term 同胞, which more literally means "same womb". The term is widely used in both Chinese (tóngbāo) and Korean (tongp'o), but less commonly in Japanese (dōhō), to characterize someone as a racioethnic sibling, a blood kin from the same ethnonational womb.

Since "compatriot" does not signify the "Korean" or "racioethnic" implications of tongp'o (동포 同胞) in Korean usage -- and because "overseas" is so widely used as a metaphor for "abroad" -- the ROK law is more commonly referred to in English as the "Overseas Compatriots Law" or "Overseas Korean Law" or the "Overseas Ethnic Korean Law".

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Qualifications of "compatriots abroad"

The National Assembly of the Republic of Korea passed the Law of Compatriots Abroad on 12 August 1999. The law, enforced from 2 September 1999, concerns the emigration, immigration, and legal status in ROK of aliens who are presumed to be of Korean ancestry but are not members of ROK family registers, which double as nationality registers.

The law made it possible for overseas compatriots to settle, work, and live in ROK as virtual nationals, with the disadvantages of alien status, simply by obtaining a domicile declaration certificate. The certificate would enable an alien compatriot to freely leave and enter ROK without the two-year re-entry permit required of other alien residents.

The law, however, did not extend the definition of "overseas compatriots" to Koreans who had migrated -- as Japanese or Koreans -- to China or the Soviet Union before the founding of the Republic of Korea on 15 August 1948, or to their descendants. And, as we will see, the law totally blurs the line between "ROK nationals" and "overseas compatriots".

Alien compatriots

The scope of alien compatriots defined by the 1999 Compatriots Abroad Act and the enforcement decree stirred considerable controversy, especially among Chinese of Korean descent.

Scope of "nationals abroad"

Item 1 of Article 2 would include all ROK nationals anywhere in the world, including North America and Japan, either permanently or with the intentionally of remaining permanently.

Scope of "alien nationality compatriots"

Item 2 of Article 2 would include only those who had once been ROK nationals and their descendants.

Compatriots Abroad Act Enforcement Decree

Since the Republic of Korea was founded on 15 August 1948, no one could have been a national of ROK before that date. All people residing in the territory controlled by ROK at the time it was founded, who were members of Korean family registers, became ROK nationals as a matter of initial determination.

All people who had legally been "Chosenjin" under Japanese rule because their family registers were affiliated with Chosen, who were not residing in ROK at the time, did not become ROK nationals. Such people became ROK nationals only if procedures for seeking recognition as ROK nationals were made available in their countries of residence, and only if they availed themselves of such procedures.

"Chosenjin" living outside ROK when it was founded included, of course, Chosenjin on the peninsula north of the 38th parallel, the Republic of China, the Soviet Union, and Japan. DPRK, PRC, and CIS did not yet exist.

After DPRK came into existence, DPRK nationals became ROK nationals only if they defected. PRC decreed all Chosenjin in China to be Chinese nationals, classified them as a minority nationality, and established an autonomous Korean prefecture in Northeast China where many Korean Chinese have resided. The Soviet Union similarly conferred its nationality on Chosenjin who had settled in its territory.

Most Chosenjin who had been in Japan at the end of the war returned to the peninsula. The fewer than half who stayed were essentially those who had come to the prefectures voluntarily and had settled there. Later, a number of Chosenjin "repatriated" to DPRK.

There was some repatriation of Chosenjin from China and the Soviet Union, both before and after the founding of ROK and DPRK. However, millions were unable, or unwilling, to return, and did not have opportunities to obtain the nationality of either Korean state.

At the point ROK was founded in 1948, there were no ROK nationals in Japan. ROK's nationality did not automatically extend to Chosenjin in Japan.

Mindan, founded in 1946 by Chosenjin in Japan who were sympathetic with developments south of the 38th parallel, facilitated the acquisition of ROK nationality by Koreans in Japan who wanted to be ROK nationals. Applicants, if approved, became ROK nationals. The many who did not apply, and the few who were not approved, remained Chosenjin -- a legacy (ghost) affiliation of the former (ghost) Chosen subnation of the defunct (ghost) Empire of Japan.

Japan, however, was unable to differentiate ROK and Chosenjin status until Japan and ROK established formal ties and exchanged missions in 1965. However, the normalization treaty between the two states applied only to ROK nationals in Japan, not Chosenjin -- and only to ROK nationals who qualified under the terms of the treaty. Only much later did Japan extend to Chosenjin and other non-Japanese the same legal status accorded treaty-qualified ROK nationals.

Because they have no recognized nationality, Chosenjin remain, today, essentially stateless. Not all Chosenjin identify with DPRK, and only a few of those who do have obtained documents certifying that they are DPRK nationals. Japan, however, does not recognize DPRK nationality, even when possessed by Japanese who have obtained a DPRK passport and wish to renounce their Japanese nationality.

Qualifications of enforcement decree

On 27 November 1999, about a week before the Compatriots Abroad Act came into effect, a decree was issued to enforce the new law (Presidential Decree No. 16602). Article 3 of the decree clarified the scope of "alien nationality compatriots" in Article 2, Item 2 of the law as follows.

① 大韓民国政府樹立以後に国外に移住した者で、大韓民国の国籍を喪失した者とその直系卑属

1. Those who, as persons who migrated to a foreign state after the foundation of the government of the Republic of Korea, lost the nationality of the Republic of Korea and their lineal descendants

② 大韓民国政府樹立以前に国外に移住した者で、外国国籍取得以前に大韓民国の国籍を明示的に確認を受けた者とその直系卑属

2. Those who, as persons who migrated to a foreign state before the founding of the government of the Republic of Korea, before acquisition of the nationality of a foreign estate expressly received confirmation of their nationality of the Republic of Korea

Item 1 would include within the scope of "alien nationality compatriots" particularly ROK nationals who had migrated to North America and their descendants. Item 2 would essentially exclude all persons who had migrated from Korea to parts of China and the Soviet Union when Korea was part of Japan, who had become nationals of PRC and the USSR without having first confirmed that they were nationals of ROK.

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Court rules limitations unconstitutional

In 2003, ROK's Constitutional Court ruled that the Law of Compatriots Abroad was unconstitutional because it excluded people who had left Korea before the founding of the Republic of Korea in 1948, and their descendants. The law's intent was to give overseas "same womb" compatriots (i.e., "ethnic Koreans") in developed countries, like the United States, the same rights as those guaranteed ROK nationals.

The court's ruling required the law to be revised to include "all overseas ethnic Koreans, including some 2.6 million from China (1.88 million), the former Soviet Union (520,000), and stateless people in Japan (150,000)" (Heo Yong-beum, Chosunilbo, 30 November 2001). The phrase "stateless people in Japan" is a reference to Koreans in Japan who continue to be classified as "Chosenjin" (朝鮮人) -- a legacy status carried over from the period that Korea was part of Japan -- rather than as "Kankokujin" (韓国人), who are ROK nationals.

The People's Republic of China immediately responded that any attempt to extend the law to cover its nationals of Korean descent would not only infringe on its sovereignty, but that "treating ethnic Koreans with special preferences for lineage reasons runs counter to international practice, which gives priority to nationality [a raceless attribute] [and that] discrimination because of race or sex is contrary to international agreements on political and civil rights" (ibid.).

In 2004, dual nationality (이중 국적 ijung kukchŏk 二重国籍), foreign nationality compatriots (외국 국적 동포 이중 국적 oeguk kukchŏk tongp'o 外国国籍同胞), and the legal status of Koreans in China (재중 한인 법적 지위 chaejung han'in pŏpchŏk chiui 在中韓人法的地位) became major issues in the Republic of Korea.

Diplomatic sparks from both the People's Republic of China (PRC) and the Commonwealth of Independent States (CIS) -- and consideration of the impact of hundreds of thousands of "overseas compatriots" migrating to the Republic of Korea seeking work and social amenities -- forced ROK to treat Chinese and Russians of Korean ancestry more or less like other aliens.

Sources   The above paragraphs have been pieced together from reports and information on a number of websites, most concerning nationals of the People's Republic of China which PRC classifies as members of the Korean minority nationality or "Korean race" (朝鮮族 Cháoxiănzú). Most of these Chinese live in the Yanbian Chaoxianzu Autonomous Prefecture (延辺朝鮮族自治州 Yánbiān Cháoxiănzú Zìzhìzhōu). As the name of the prefecture implies, it extends along the border of China, Russia, and the Democratic People's Republic of Korea.

Constitutional Court ruling

On 29 November 2001, the Republic of Korea Constitutional Court found Article 2, Item 2 of the Compatriots Abroad Act of 2 September 1999 (Law No. 6015), and Article 3 of the enforcement decree of 27 November 1999 (Presidential Decree No. 16602) to be unconstitutional, and ruled that they would "apply temporarily, limited to 31 December 2003, until legislators improved the law in a constitutional direction."

ROK's Constitution Court, when ruling that a national law is in part or full unconstitutional, has the power to give the National Assembly a deadline by which, if the Assembly fails to revise the law to bring it into alignment with the Constitution, in part or full it becomes null and void.

The suit was brought before the Constitutional Court in August 1999 by Korean Chinese who objected to the manner in which they were excluded from the scope of qualified alien compatriots. The court agreed that the law violated Article 11 of the ROK Constitution.

Sources   Article in April 2002 issue of Apuro 21 by the late Kim Kyong Duk (1949-2005), who was a Japan-resident Korean attorney. Kim, born in Wakayama prefecture, was the first Korean in Japan permitted to enroll in Japan's legal training institute and then be licensed to practice law as an alien.

Kim had recently participated in a government sponsored forum in ROK to discuss ways to revise the Compatriots Abroad Act. The Apuro article is his translation of the gist of the report he made at the forum on the conditions and policies affecting "Zainichi compatriots" (在日同胞 Zainichi dōhō) as he termed people like himself.

Kim was a professional minority. He was a true believer in, and promoter of, racioethnic solidarity across nationality.

Apuro 21 was the perfect place for his report. The Kyushu-based publication provides information about "Zainichi Chosenjin" (在日朝鮮人). It defines this term as "Koreans who have Kankoku seki, Chosen seki, or Nihon seki who reside in Japan" (日本に在住する韓国籍、朝鮮籍および日本籍を持つ朝鮮人).

In other words -- "Roses in Japan" are "Roses with ROK, Chosen, and Japanese nationality that bloom in Japan."

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Transnationalist diplomacy

A considerable amount of academic energy has been expended on topics like "transnational nation-states" and "transnationalization of citizenship" in reference to the Republic of Korea. Such phrases are as slippery as they are fashionable.

The United Nations actually means "United States" since all of its members are states, not nations. The term "nation-state" thrives mostly in attempts to keep alive the notion of "nation" as a racioethnic entity in the guise of a state.

Most states to take special interest in, and favorably treat, emigre nationals and non-nationals and their foreign-born descendants.

Among the east Asian states, ROC and PRC, and ROK and DPRK -- more than Japan -- have become increasing active in their efforts to embrace "overseas Chinese" and "overseas Koreans" as racioethnic kin. The term "transnationalism" is used to describe the ways in which such states attempt to extend their national interests to nationals of other states they regard as part of their larger "racioethnic nation".

Diaspora politics

"Korean diaspora" is a major buzzword in Korean nationalism. The term "diaspora" has become a very politically correct -- hence academically acceptable -- reference to a multinational racioethnic entity. The "Korean diaspora" refers to a virtual more than real global network of people deemed to be members of the "Korean race" regardless of their nationality.

ROK is now deeply involved in racioethnic diaspora politics. It reaches out to "compatriots abroad" in order to strengthen the "racial solidarity" of a putative Korean "nation-state" that transcends national borders.

The embrace of "compatriots abroad" on the Eurasian subcontinent is intended to contribute to ROK's vitality as a state in an increasing mobile world -- in which many Koreans have left Korea for a variety of reasons. It is also intended to cope with the increasing numbers of PRC Korean Chinese and DPRK Koreans in Japan. The former come as workers, the latter as refugees, often through PRC. Extending the definition of "compatriots abroad" to include them allows ROK to welcome the former as returnees and the latter as defectors.

Much of the rationale for now reaching out to people of Korean descent in PRC and CIS, in addition to those North America, is related to the legacy of Japan's rule over Korea, when millions of Koreans left the peninsula to participate in Japan's development of Northeast China and Manchuria, or for parts of China and the Soviet Union beyond the reach of Japanese authority.

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1999 ROK Compatriots Abroad Act
With commentary on terminology

Korean text

Forthcoming.

Japanese translation

The Japanese translation is one of several practically identical versions published in various books and posted on various websites. Practically are Japanese translations of Korean texts are structural in that they reflect the phrasing of the Korean and utilize Sino-Japanese characters to represent Sino-Korean terms in Korean.

English translations

The structural translations of selected articles are mine.

The received English version is a semi-official translation from the website of the National Assembly of the Republic of Korea (June 2007).

Commentary

Some terms have been highlighted in color to facilitate glosses or commentary.
在外同胞の出入国及び法的地位に関する法律
Law concerning exit and entry and legal status of compatriots abroad

[ Received ] Act on the Immigration and Legal Status of Overseas Koreans
可決：1999年8月12日
国会

制定：1999年9月2日
法律第6015号

施行：1999年12月3日
 可決：1999年8月12日
国会

制定：1999年9月2日
法律第6015号

施行：1999年12月3日
Passed 12 August 1999
National Assembly

Enacted 2 September 1999
Law No. 6015

Enforced from 3 December 1999
第1条

(目的)

第1条

(目的)

この法律は、在外同胞の大韓民国への出入国及び大韓民国内における法的地位を保障することを目的とする。
Structural translation
Article 1 (Purpose)

This law shall have the purpose of guaranteeing the exit and entry into the Republic of Korea of compatriots abroad and [their] legal status in the Republic of Korea.
Received translation
Article 1 (Purpose)

The purpose of this Act is to ensure overseas Koreans the entry into and departure from the Republic of Korea and the legal status therein.
第2条

(Forthcoming)

第2条

(定義)

この法律において「在外同胞」とは、次の各号の１に該当する者をいう。

1．大韓民国の国民であって外国の永住権を取得した者又は永住する目的で外国に居住している者（以下、「在外国民」という。）

2．大韓民国の国籍を保有していた者又はその直系卑属であって外国国籍を取得した者のうち大統領令が定める者（以下、「外国国籍同胞」という。）
Structural translation
Article 2 (Definitions)

In this law "compatriots abroad" shall refer to those to whom one of any of the following apply.

1. Those who are nationals of the Republic of Korea and have acquired permanent residence in a foreign state or those who [are nationals of the Republic of Korea and] are residing in a foreign state with the purpose of permanently residing [there] (hereafter, called "nationals abroad")

2. Those a presidential decree determines [are qualified] among those who had possessed the nationality of the Republic of Korea or are a lineal descendant of [such a person] and have acquired the nationality of a foreign state (hereafter, called "alien nationality compatriots")
Received translation
Article 2 (Definitions)

The term "overseas Korean" in this Act means a person who falls under any of the following subparagraphs: 1.A national of the Republic of Korea who obtains the right of permanent residence in a foreign country or is residing in a foreign country with a view to living permanently there (hereinafter referred to as a "Korean national residing abroad"); and 2.A person prescribed by the Presidential Decree of those who have held the nationality of the Republic of Korea (including Koreans who had emigrated to a foreign country before the Government of the Republic of Korea was established) or of their lineal descendants, who obtains the nationality of a foreign country (hereinafter referred to as a "Korean with a foreign nationality").
第3条

(Forthcoming)

第3条

(適用範囲)

この法律は、在外国民及び出入国管理法第10条の規定による滞留資格のうち在外同胞滞留資格（以下、「在外同胞滞留資格」という。）を有する外国国籍同胞の大韓民国への出入国及び大韓民国内における法的地位に関して適用する。
Received translation
Article 3 (Scope of Application)

This Act shall apply with respect to the entry into and departure from the Republic of Korea and the legal status therein of Korean nationals residing abroad and Koreans with a foreign nationality who have the status of sojourn as an overseas Korean (hereinafter referred to as the "status of sojourn as an overseas Korean") out of the status of sojourn under Article 10 of the Immigration Control Act.
第4条

(Forthcoming)

第4条

(政府の責務)

政府は、在外同胞が大韓民国内において不当な規制及び待遇を受けないよう必要な支援を行わなければならない。
Received translation
Article 4 (Duty of Government)

The Government shall give overseas Koreans necessary support so that they may not be unfairly regulated or treated in the Republic of Korea.
第5条

(Forthcoming)

第5条

(在外同胞滞留資格の付与)

① 法務部長官は、大韓民国内において活動しようとする外国国籍同胞に、申請により在外同胞滞留資格を付与することができる。
② 法務部長官は、在外同胞滞留資格を申請した外国国籍同胞が大韓民国の安全保障及び秩序維持・公共の福祉・外交関係その他大韓民国の利益を害するおそれがある場合は、在外同胞滞留資格を付与しない。
③ 法務部長官は、前2項の規定により在外同胞滞留資格を付与する場合においては、大統領令が定めるところにより、外交通商部長官と協議しなければならない。
④ 在外同胞滞留資格の取得要件及び活動範囲は、大統領令で定める。
Received translation
Article 5 (Grant of Status of Sojourn as Overseas Korean)

(1) The Minister of Justice may, upon receipt of an application, grant the status of sojourn as overseas Koreans to Koreans with a foreign nationality who wish to engage themselves in activities in the Republic of Korea. (2) When a Korean with foreign nationality has a reason falling under anyone of the following subparagraphs, the Minister of Justice shall not grant him a status of sojourn as overseas Koreans under the provisions of paragraph (1): Provided, That when the Koreans with foreign nationality corresponding to subparagraph 1 or 2 have become 36 years old, the same shall not apply; 1. When a male who was born by lineal ascendants in the status of sojourn without any purpose for permanent residence in a foreign country and who acquired a foreign nationality, became a dual national, and became a foreign person for the purpose of evading the military service by renouncing a nationality of the Republic of Korea before January 1 of the year of becoming 18 years old under the previous provisions of Article 12 before an enforcement of Act No. 7499, the amended Nationality Act; 2.When a male of the Republic of Korea became a foreign person by acquiring a foreign nationality for the purpose of evading the military service by losing a nationality of the Republic of Korea; and 3.When there exists any concern over damaging the interests of the Republic of Korea, such as security, maintenance of order, public welfare and diplomatic relations, etc. of the Republic of Korea. (3) In granting the status of sojourn as an overseas Korean under paragraphs (1) and (2), the Minister of Justice shall consult with the Minister of Foreign Affairs and Trade as prescribed by the Presidential Decree. (4) The requirements for obtaining the status of sojourn as an overseas Korean and the scope of activities as such shall be prescribed by the Presidential Decree.
第6条

(Forthcoming)

第6条

(国内居所申告)

① 在外国民及び在外同胞滞留資格で入国した外国国籍同胞は、この法律を適用されるために、必要な場合は、大韓民国内に居所を定め、その居所を管轄する出入国管理事務所長（以下、「事務所長）という。）又は出入国管理事務所出張所長（以下、「出張所長」という。）に国内居所申告をすることができる。
② 前項の規定により申告した国内の居所を移転したときは、14日以内にその事実を事務所長又は出張所長に申告しなければならない。
③ 国内居所申告書の記載事項・添付書類その他申告手続きに関して、必要な事項は大統領令で定める。
Received translation
Article 6 (Report of Korean Address)

(1) Korean nationals residing abroad and Koreans with a foreign nationality who enter the Republic of Korea with the status of sojourn as overseas Koreans may, if necessary to be under the application of this Act, decide a residence in the Republic of Korea and report the Korean address to the head of a Local Immigration Office (hereinafter referred to as the "head of an Office") or the head of a branch office of a Local Immigration Office (hereinafter referred to as the "head of a branch office") having jurisdiction over it.

(2) Where a Korean address reported under paragraph (1) is changed, it shall be reported to the head of the Office or the head of the branch office concerned within fourteen days.

(3) Items to be stated in the report of a Korean address, accompanying documents, and other matters necessary concerning the report procedure shall be prescribed by the Presidential Decree.
第7条

(Forthcoming)

第7条

(国内居所申告証発給等)

① 事務所長又は出張所長は、前条の規定により国内居所申告をした在外国民及び外国国籍同胞に対して国内居所申告番号を付与し、在外国民には在外国民国内居所申告証を、外国国籍同胞には外国国籍同胞国内居所申告証を、それぞれ発給する。
② 国内居所申告証には、国内居所申告番号・姓名・性別・生年月日・国籍・居住国及び大韓民国内の居所等を記載する。
③ 事務所長又は出張所長は大統領令が定めるところにより国内居所申告台帳及びその他の関係書類を作成し保存する。
④ 国内居所申告証を発給された後、紛失・毀損その他大統領令が定める事由により再発給を受けようとする者は、事務所長又は出張所長に再発給を申請しなければならない。
⑤ 事務所長又は出張所長は、前条の規定により国内居所申告をした事実がある者に対しては、法務部令が定めるところにより、国内居所申告事実証明を発給することができる。
⑥ 第1項及び第4項の規定による国内居所申告証の発給・再発給及び前項の規定による国内居所申告事実証明の発給を申請する者は、法務部令が定める手数料を納付しなければならない。
Received translation
Article 7 (Issuance of Korean Address Report Card, etc.)

(1) The head of an Office or the head of a branch office shall grant the report number of a Korean address to a Korean national residing abroad and Korean with a foreign nationality who report their Korean addresses in accordance with the provisions of Article 6, and issue the Korean address report card of the Korean national residing abroad to the Korean national residing abroad, and the Korean address report card of the Korean with a foreign nationality to the Korean with a foreign nationality, respectively.

(2) On the Korean address report card, the report number of Korean address, name, sex, date of birth, nationality, residing country, Korean address, etc. shall be stated.

(3) The head of an Office or the head of a branch office shall draw up and keep a Korean Address Register and other related documents, as prescribed by the Presidential Decree.

(4) A person who intends to receive a reissue of Korean address report card after the first issuance thereof for the loss, damage, or other reasons as prescribed by the Presidential Decree shall apply to the head of an Office or the head of a branch office for the reissue thereof. (5) The head of an Office or the head of a branch office may issue a certificate of Korean address report to a person who has reported the Korean address under Article 6 under the conditions as prescribed by the Ordinance of the Ministry of Justice.

(6) Persons who apply for the issue and reissue of the Korean address report card under paragraphs (1) through (4), or for the issuance of the certificate of Korean address report under paragraph (5) shall pay the fee as prescribed by the Ordinance of the Ministry of Justice.
第8条

(Forthcoming)

第8条

(国内居所申告証の返戻)

在外同胞が国内居所申告証を所持する必要がなくなったときは、大統領令が定めるところにより、その事由が発生した日から14日以内に事務所長又は出張所長に国内居所申告証を返戻しなければならない。
Received translation
Article 8 (Return of Korean Address Report Card)

In case where the necessity for an overseas Korean to possess the Korean address report card does not exist any longer, he shall return it to the head of an Office or the head of a branch office as prescribed by the Presidential Decree within fourteen days after the reason arises.
第9条



第9条

(住民登録等との関係)

法令に規定された各種手続き及び取引関係等において住民登録証、住民登録謄・抄本、外国人登録証又は外国人登録事実証明を要する場合は、国内居所申告証又は国内居所申告事実証明によりこれに代えることができる。
Received translation
Article 9 (Relation with Resident Registration, etc.)

In case where a resident registration card, a certified copy and abstract of resident registration, a foreigner registration card, or a certificate of foreigner registration is required in the procedures provided in Acts and subordinate statutes and business relations, etc., a Korean address report card or a certificate of Korean address report may be the substitute therefor.
第10条

(Forthcoming)

第10条

(出入国及び滞留)

① 在外同胞滞留資格による滞留期間の上限は2年とする。
② 法務部長官は、前項の規定による滞留期間を超えて国内に継続して滞留しようとする外国国籍同胞に対しては、大統領令が定めるところにより滞留期間延長許可をすることができる。
③ 国内居所申告をした外国国籍同胞が滞留期間内に出国し、再入国する場合は、出入国管理法第30条の規定による再入国許可を要しない。
④ 大韓民国内の居所を申告し、又はその移転申告をした外国国籍同胞に対しては、出入国管理法第31条の規定による外国人登録及び同法第36条の規定による滞留地変更申告をしたものとみなす。
⑤ 在外同胞滞留資格を付与された外国国籍同胞の就業その他の経済活動は、社会秩序又は経済安定を害しない範囲内において自由に許容される。
Received translation
Article 10 (Immigration and Sojourn)

(1) The ceiling in the length of stay under the status of sojourn as an overseas Korean shall be two years.

(2) The Minister of Justice may grant permission to extend the length of sojourn to Koreans with a foreign nationality who wish to continue their sojourn in the Republic of Korea exceeding the ceiling of length of sojourn as referred to in paragraph (1), under the conditions as prescribed by the Presidential Decree.

(3) In case where a Korean with a foreign nationality who has reported the Korean address departs from and reenters the Republic of Korea during the period of his sojourn, reentry permission under Article 30 of the Immigration Control Act shall not be required.

(4) A Korean with a foreign nationality who has reported the Korean address or the change of such address shall be deemed to have completed the foreigner registration under Article 31 of the Immigration Control Act and the report on change of place of sojourn under Article 36 of the same Act.

(5) Free employment and other economic activities of Koreans with a foreign nationality who have obtained the status of sojourn as an overseas Korean shall be allowed within the scope that they do not impair social order or economic stability.
第11条

(Forthcoming)

第11条

(不動産取引等)

① 国内居所申告をした外国国籍同胞は、外国人土地法第4条第2項第1号の規定による場合を除き、大韓民国内において不動産の取得・保有・利用及び処分を行う場合において大韓民国の国民と同等の権利を有する。ただし、外国人土地法第4条第1項・第5条及び第6条の規定による申告をしなければならない。
② 国内居所申告を行った外国国籍同胞が不動産実権利者名義登記に関する法律施行以前に名義信託規定により名義受託者名義で登記し、又は登記することとした不動産に関する物権を、この法律の施行後1年以内に不動産実権利者名義登記に関する法律第11条第1項及び第2項の規定により実名で登記し、又は売却処分等を行った場合は、同法第12条第1項及び第2項の規定を適用しない。
Received translation
Article 11 (Real Estate Transactions, etc.)

(1) A Korean with foreign nationality who reports the Korean address shall have equal rights with a Korean national in the acquisition, possession, utilization, and disposal of real estate in the Republic of Korea except the cases as referred to in Article 4 (2) 1 of the Foreigner's Land Acquisition Act: Provided, That this shall be subject to the report under Articles 4 (1), 5, and 6 of the Foreigner's Land Acquisition Act.

(2) In case where a Korean with a foreign nationality who has made a report of the Korean address or disposes of by sale the real right of real estate, which is registered or is subject to being registered in the name of a title transferee under the agreement of title transfer prior to the entry into force of the Act on the Registration of Real Estate under Actual Titleholder's Name, in his real name pursuant to Article 11 (1) and (2) of the same Act, within one year after this Act comes into force, Article 12 (1) and (2) of the same Act shall not apply.
第12条

(Forthcoming)

第12条

(金融取引)

国内居所申告を行った在外同胞は、預金・積金の加入、利率の適用、入金及び出金等国内金融機関の利用につき、外国為替取引法上の居住者である大韓民国国民と同等の権利を有する。ただし、外国為替取引法第18条の場合は、この限りでない。
Received translation
Article 12 (Financial Transactions)

An overseas Korean who reports the Korean address shall have equal rights with a Korean national who is a resident under the Foreign Exchange Transactions Act in the use of domestic financial institutions such as opening deposit or installment savings account, application of interest rates, deposit and withdrawal, etc.: Provided, That with respect to Article 18 of the Foreign Exchange Transactions Act, this provision shall not apply.
第13条

(Forthcoming)

第13条

(外国為替取引)

在外国民が次の各号の1に該当する支払手段を輸出し、又は外国に支払う場合、外国為替取引法第15条及び第17条の適用において、在外国民は外国国籍同胞と同等の待遇を受ける。
　1．外国に居住する前から所有していた国内の不動産を売却により、又は土地収用により処分した場合、その売却又は処分代金
　2．外国から国内に輸入し、又は国内に支払った支払手段
Received translation
Article 13 (Foreign Exchange Transaction)

In case where a Korean national residing abroad exports or pays abroad payment means falling under any of the following subparagraphs, the Korean national residing abroad shall be equally treated with a Korean with a foreign nationality in the application of Articles 15 and 17 of the Foreign Exchange Transactions Act:

1.Proceeds from the disposal either by sale or through land expropriation of the real estate in the Republic of Korea which a Korean national residing abroad possessed before residing abroad; and

2.Payment means imported or paid from a foreign country into the Republic of Korea.
第14条

(Forthcoming)

第14条

(医療保険)

国内居所申告を行った在外同胞が90日以上大韓民国内に滞留するときは、医療保険関係法令が定めるところにより医療保険の適用を受けることができる。
Received translation
Article 14 (Medical Insurance)

In case where an overseas Korean who reports his Korean address sojourns in the Republic of Korea not less than ninety days, medical insurance may be applied to him pursuant to Acts and subordinate statutes related to medical insurance.
第15条

(Forthcoming)

第15条

(年金)

外国国籍の取得により大韓民国の国籍を喪失した在外国民は、公務員年金法第64条第4項、軍人年金法第33条第4項又は私立学校教員年金法第42条第1項の規定にかかわらず、年金を受領することができる。
Received translation
Article 15 (Pension)

Deleted.
第16条

(Forthcoming)

第16条

(国家有功者・独立有功者及びその遺族の報償金)

外国国籍の取得により大韓民国の国籍を喪失した在外国民は、国籍喪失にかかわらず、国家有功者等待遇及び支援に関する法律又は独立有功者待遇に関する法律の規定による報償金を受けることができる。
Received translation
Article 16 (Compensation Payment to Persons of Distinguished Services to State, Persons of Distinguished Services to Independence and Their Bereaved Family Members)

A Korean with a foreign nationality is entitled to receive the compensation under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State or the Act on the Honorable Treatment of Persons of Distinguished Services to Independence.
第17条

(Forthcoming)

第17条

(過怠料)

① 第6条第2項の規定に違反した者は、200万ウォン以下の過怠料に処する。
② 第8条の規定に違反した者は、100万ウォン以下の過怠料に処する。
③ 前2項の規定による過怠料は、大統領令が定めるところにより、事務所長又は出張所長がこれを賦課・徴収する。
④ 第1項及び第2項の規定による過怠料処分に不服のある者は、その処分の告知を受けた日から30日以内に事務所長又は出張所長に異議を提起することができる。
⑤ 第3項の規定による過怠料処分を受けた者が前項の規定により異議を提起したときは、事務所長又は出張所長は、遅滞なく管轄裁判所にその事実を通報しなければならず、その通報を受けた管轄裁判所は、非訟事件手続法による過怠料の裁判を行う。
⑥ 第4項の規定による期間内に異議を提起せず、過怠料を納付しないときは、国税滞納処分の例によりこれを徴収する。
Received translation
Article 17 (Fine for Negligence)

(1) Any person who violates the provisions of Article 6 (2) shall be punished by a fine for negligence not exceeding two million won.

(2) Any person who violates the provisions of Article 8 shall be punished by a fine for negligence not exceeding one million won.

(3) The fine for negligence as referred to in paragraph (1) or (2) shall be imposed and collected by the head of an Office or the head of a branch office under the conditions as prescribed by the Presidential Decree.

(4) Any person who is dissatisfied with the disposition of the fine for negligence under paragraph (3) may make an objection against the head of an Office or the head of a branch office within thirty days after he is informed of such a disposition.

(5) If a person who is subject to a disposition of the fine for negligence under paragraph (3) makes an objection under paragraph (4), the head of an Office or the head of a branch office shall notify it without delay to the competent court, which, upon receipt of such a notification, shall hold a trial of the case under the Non-Contentious Case Litigation Procedure Act.

(6) If no objection is made and no fine for negligence is paid in the period as referred to in paragraph (4), it shall be collected according to the examples of disposition on national taxes in arrears.
附則 附則
  この法律は、公布後3か月が経過した日から施行する。
Received translation
ADDENDUM

This Act shall enter into force three months after the date of its promulgation.
ADDENDA

Article 1 (Enforcement Date) This Act shall enter into force on the date of its promulgation.

Articles 2 through 6 Omitted.
ADDENDA

(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.

(2) (Special Cases concerning Right to Receive Compensation) Any person who is entitled to receive compensation under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State or the Act on the Honorable Treatment of Persons of Distinguished Services to Independence at the time of the entry into force of this Act shall be deemed a person having the right to receive the compensation, notwithstanding the amendment to Article 16.
ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on January 1, 2001. (Proviso Omitted.)

Articles 2 through 15 Omitted.
ADDENDUM

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

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