(1) The head of a Regional Immigration Service may order an alien to depart from the Republic of Korea if: <Amended on Mar. 18, 2014; Mar. 20, 2018>
1. The alien is deemed to fall under any subparagraph of Article 46(1), but intends to depart voluntarily at his or her own expense;
2. The alien has received a recommendation for departure under Article 67, but fails to comply therewith;
3. Any of his or her permission, etc. has been revoked under Article 89;3-2. A person whose status of permanent residency has been revoked pursuant to Article 89-2(1); provided, a person granted the standard status of stay pursuant to Article 89-2(2) shall be excluded;
4. It is deemed reasonable to take a measure requiring the alien to depart from the Republic of Korea after having imposed an administrative fine under Article 100(1) through (3);
5. It is deemed reasonable to take a measure requiring the alien to depart from the Republic of Korea after having taken a disposition of notice under Article 102(1).
(2) In making a departure order under paragraph (1), the head of the Regional Immigration Service shall issue a written order of departure. <Amended on Mar. 18, 2014>
(3) In issuing a written order of departure under paragraph (2), the head of the Regional Immigration Service may determine the deadline for departure, impose restrictions on residence or other necessary conditions, and, if necessary, allow a performance guarantee of up to 20 million won to be deposited, as prescribed by Decree of the Ministry of Justice. <Amended on Oct. 20, 2020>
(4) The head of a Regional Immigration Service shall promptly issue a written order of deportation to a person subject to a departure order who has failed to depart from the Republic of Korea by the designated deadline or who has violated any of the conditions imposed under paragraph (3), and may revert all or part of the performance guarantee deposited to the National Treasury. <Amended on Mar. 18, 2014; Oct. 20, 2020>
(5) Procedures for depositing, returning, and reverting to the National Treasury a performance guarantee under paragraphs (3) and (4) shall be prescribed by Presidential Decree. <Added on Oct. 20, 2020>[This Article Wholly Amended on May 14, 2010]