Immigration control

Immigration control (출입국심사/出入國審査) means to regulate immigration (both legal and illegal) and to control the movement of citizens at the border. It is one of various Border control measures.

The control of the flow of many people, animals and goods across a border is conducted by the government - Immigration Office and Customs Services. Security is enforced by various kinds of Border Guards and Coast Guards.

In Korea, immigration control is regulated by the Immigration Control Act, and influenced by the government's nationality policy.

Key words
immigration control, nationality, foreigner, immigrant, migrant worker

Immigration Control Act
The Act is to stipulate the matters concerning the entry into and departure from Korea of Koreans and foreigners, the stay of foreigners in Korea, and the procedures for the recognition of refugee status.

On April 5, 2011, the Act was amended by Act No.10545 to provide an institutional framework to protect human rights of married immigrants by taking the following measures: when a foreigner who married to Korean applies for extension of his/her stay in the process of the remedy for violation of rights due to domestic violence, then the foreigner shall be allowed an extended stay until the process of the remedy for violation of rights is completed.

Even after such extension of stay is expired, the foreigner shall be granted another extension of stay if it is necessary to extend the stay for recoveries for damages, etc.

The Act on Special Cases Concerning the Punishment of Domestic Violence Crimes (가정폭력범죄의 처벌등에 관한 특례법) is a good example that the government may intervene the domestic affairs including emergency provisional measures, either on demand of the victim or ex officio by police, in case of contingent violence.

Main points of the Act
As mentioned before, this amendment is to prepare institutional procedures to protect the human rights of immigrants who are married to a Korean national. Under the newly amended Act, for example, if a foreign spouse requests permission on extension of the sojourn period while the process of remedy against infringement of rights is ongoing, the period can be extended until the completion of the remedy process.

The extension of the sojourn period shall be permitted upon a foreign spouse’s request while the process of remedy against infringement of rights is ongoing and when it is recognized as necessary for recovery from damage, etc., even after the expiration of his/her sojourn period.