Korean Law in English
Laws › Enforcement Decree of the Immigration Act › SECTION 2 Departure of Aliens

Enforcement Decree of the Immigration Act — Article 36 (Period during which aliens’ departure from Republic of Korea is suspended)

출입국관리법 시행령 제36조

This English translation is based on the Korean text effective 2025-06-01. The Korean law has since been amended (current version effective 2026-10-02) — check the Korean original.

(1) A period during which an alien shall be suspended from departing from the Republic of Korea under Article 29 of the Act is as follows: <Amended Jan. 13, 2012; Dec. 24, 2019; Dec. 29, 2020>

1. An alien falling under any subparagraph of Article 4 (1) of the Act: Within three months;

2. An alien falling under Article 4 (2) of the Act: Within one month; provided, any of the following aliens shall be suspended from departing from the Republic of Korea for the period prescribed by each item:(a) An alien in whose case it is impracticable to proceed with an investigation due to special grounds, such as abscondence: Within three months;(b) An alien in whose case a stay of prosecution or investigation (limited to a stay of prosecution or investigation due to an absent suspect) has been decided due to his or her unknown whereabouts: Within three months;(c) An alien in whose case a stay of prosecution or investigation (limited to a stay of prosecution or investigation due to an absent suspect) has been decided and an arrest warrant or bench warrant has been issued: Within the effective period of the warrant.

(2) Where the whereabouts of a person in whose case a stay of prosecution or investigation (limited to a stay of prosecution or investigation due to an absent suspect) has been decided is discovered among persons falling under paragraph (1) 2, an intended period of the suspension of departure from the Republic of Korea shall be within 10 days from the date his or her whereabouts is discovered. <Added on Jan. 13, 2012; Dec. 29, 2020>

(3) The provisions of Articles 1-4 shall apply mutatis mutandis to the calculation of a period for suspending an alien from departing from the Republic of Korea under paragraph (1). In such cases, "period for prohibition of departure from the Republic of Korea" shall be construed as "period for suspending an alien from departing from the Republic of Korea." <Amended on Jan. 13, 2012>[This Article Wholly Amended on Nov. 1, 2011]

‹ Article 35All articlesArticle 36-2 ›

Korean original (law.go.kr) · Get articles as JSON via API

For AI agents and developers — get this article as JSON, with the English and current Korean effective dates and an outdated-translation flag, from the korea-law API or as an MCP tool: https://mcp.apify.com?tools=kr-data/korea-law