(1) The Minister of Justice may prohibit a national from departing from the Republic of Korea for a prescribed period not exceeding six months if the national is: <Amended on Jul. 18, 2011; Jul. 13, 2021; Mar. 18, 2025>
1. A person pending in a criminal trial;
2. A person whose imprisonment with or without labor has not completed;
3. A person who fails to pay a fine or surcharge of at least the amount prescribed by Presidential Decree;
4. A person who fails to pay national taxes, customs or local taxes of at least the amount prescribed by Presidential Decree by the deadline for payment without good cause;
5. A person who undergoes deliberations and decisions by the Deliberative Committee on Payment of Child Support among obligors for child support under Article 21-4(1) of the Act on Enforcing and Supporting Child Support Payment;
6. A business owner in arrear whose name has been disclosed pursuant to Article 43-2 of the Labor Standards Act;
7. A person equivalent to those referred to in subparagraphs 1 through 6, whose departure is prescribed inappropriate by Decree of the Ministry of Justice, as he or she is likely to harm the national interest, public security, or economic order of the Republic of Korea.
(2) The Minister of Justice may prohibit a person from departing from the Republic of Korea for a prescribed period not exceeding one month, if his or her departure from the Republic of Korea is deemed inappropriate for criminal investigations; provided, any of the following persons shall be prohibited from departing from the Republic of Korea for the period prescribed in each subparagraph: <Added on Jul. 18, 2011; Mar. 16, 2021>
1. A person in respect whom it has been determined to stay prosecution or investigation (limited to suspects) due to his or her unknown whereabouts, or a person in whose case it is impracticable to proceed with investigations due to special reasons, such as flight: Within three months;
2. A person in respect whom it has been determined to stay prosecution or investigation (limited to suspects) and an arrest warrant or bench warrant has been issued: Within the period of validity of the warrant.
(3) The head of a central administrative agency or the head of a relevant agency determined by the Minister of Justice may request the Minister of Justice to prohibit a national’s departure from the Republic of Korea, when he or she deems that the national falls under any subparagraph of paragraph (1) or (2) in connection with the affairs under his or her jurisdiction. <Amended on Jul. 18, 2011>
(4) In conducting a departure inspection, no immigration control official shall permit any person whose departure is prohibited under paragraph (1) or (2), to depart from the Republic of Korea. <Amended on Jul. 18, 2011>
(5) Except as provided in paragraphs (1) through (4), matters necessary in relation to the period of and procedures for prohibition of departure shall be prescribed by Presidential Decree. <Amended on Jul. 18, 2011>[This Article Wholly Amended on May 14, 2010]