(1) Pursuant to Article 68 (3) of the Act, the Head of an Immigration Office, the head of an office, the head of a branch office, or the head of a detention center may require an alien to deposit a performance guarantee, taking into account the following:
1. Reasons for and the motive of a departure order stipulated in the subparagraphs of Article 68 (1) of the Act;
2. The alien’s history of violation of law, age, background, and assets;
3. Flight risk;
4. Other humanitarian causes.
(2) When the Head of an Immigration Office, the head of an office, the head of a branch office, or the head of a detention center receives a performance guarantee pursuant to paragraph (1), he or she shall notify the relevant alien that the performance guarantee may devolve on the National Treasury in any of the following cases:
1. Where the alien misses the deadline for departure under Article 68 (3) of the Act;
2. A person who violates any of the restrictions on residence or other necessary conditions imposed under Article 68 (3).
(3) The procedures for the deposit, payment, etc. of a performance guarantee under paragraph (1) shall be in accordance with the procedures for managing money under the Government’s custody.
(4) the Head of an Immigration Office, the head of an office, the head of a branch office, or the head of a detention center may devolve the performance guarantee deposited pursuant to paragraph (1) on the National Treasury pursuant to the following classifications: In such cases, the standards for specific amounts of devolvement shall be determined by the Minister of Justice:
1. In cases falling under paragraph (2) 1: The whole or part of the performance guarantee;
2. In cases falling under paragraph (2) 2: Part of the performance guarantee.
(5) When the Head of an Immigration Office, the head of an office, the head of a branch office, or the head of a detention center intends to devolve a performance guarantee on the National Treasury pursuant to Article 68 (4) of the Act, he or she shall issue a written notice of devolvement on the National Treasury to the alien, stating the grounds for a decision to devolve on the National Treasury, the amount thereof, etc.
(6) the Head of an Immigration Office, the head of an office, the head of a branch office, or the head of a detention center shall return the performance guarantee deposited under paragraph (1) to the relevant alien when he or she leaves the Republic of Korea, except for cases where such deposit devolves on the National Treasury pursuant to Article 68 (4) of the Act.[This Article Added on Jan. 19, 2021]