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Immigration Act — Article 46 (Persons subject to deportation)

출입국관리법 제46조

This English translation is based on the Korean text effective 2026-01-23. The Korean law has since been amended (current version effective 2026-10-02) — check the Korean original.

(1) The head of a Regional Immigration Service may deport any of the following aliens from the Republic of Korea according to the procedures prescribed in this Chapter: <Amended on Jan. 26, 2012; Mar. 18, 2014; Mar. 29, 2016; Mar. 20, 2018; Aug. 17, 2021>

1. A person who violates Article 7;

2. An alien who violates Article 7-2, or an alien who enters the Republic of Korea by such conduct as a false invitation, stipulated in that Article;

3. A person who has become or is subsequently found to be subject to grounds for prohibition of entry provided in the subparagraphs of Article 11(1);

4. A person who violates Article 12(1) or (2), or 12-3;

5. A person who violates any of the terms or conditions of permission imposed by the head of the Regional Immigration Service under Article 13(2);

6. A person who lands without obtaining permission required under Article 14(1), 14-2(1), 15(1), 16(1) or 16-2(1);

7. A person who violates any of the terms or conditions of permission imposed by the head of the Regional Immigration Service or an immigration control official under Article 14(3) (including cases to which the afore-said provision shall apply mutatis mutandis pursuant to Article 14-2(3)), 15(2), 16(2) or 16-2(2);

8. A person who violates Article 17(1) or (2), 18, 20, 23, 24 or 25;

9. A person who changes or adds his or her workplace without obtaining permission, in violation of the main clause of Article 21(1), or a person who employs an alien or arranges the employment of an alien, in violation of paragraph (2) of that Article;

10. A person who violates a restriction on his or her residence or the scope of activity, or other matters to be observed prescribed by the Minister of Justice under Article 22;10-2. An alien who violates Article 26;

11. A person who attempts to depart from the Republic of Korea, in violation of Article 28(1) or (2);

12. A person who violates the obligation to file for alien registration under Article 31;12-2. A person who violates Article 33-3;

13. A person released after having been sentenced to imprisonment without labor or heavier punishment;

14. A person falling under any subparagraph of Article 76-4(1);

15. Any other person prescribed by Decree of the Ministry of Justice, equivalent to one of persons referred to in subparagraphs 1 through 10, 10-2, 11, 12, 12-2, 13, and 14.

(2) Notwithstanding paragraph (1), no alien granted the status of permanent residency shall be deported from the Republic of Korea; provided, this shall not apply to any of the following persons: <Amended on Mar. 20, 2018>

1. A person who has committed insurrection stipulated under Chapter I of Part II of the Criminal Act or foreign aggression stipulated under Chapter II of that Act;

2. A person prescribed by Decree of the Ministry of Justice, who is released after having been sentenced to imprisonment with or without labor for at least five years;

3. A person who has committed a violation provided in Article 12-3(1) or (2), or has abetted or aided a third person in such violation.[This Article Wholly Amended on May 14, 2010]

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