Chapter 4 Entry of Aliens and Exit of Aliens
Article 18
The National Immigration Agency shall prohibit an alien from entering the State if he/she meets one of the following circumstances:
1. Does not carry his/her passport or refuses to submit it for inspection.
2. Has held an illegally acquired, counterfeited, or fraudulent passport or visa.
3. Has held another person's passport or a passport applied by using a false identity.
4. Has held an invalid passport , lacks a required visa, or a passport that bears an invalid visa.
5. Has made a false statement or hidden important facts about his/her purposes to apply for entry into the State.
6. Has carried contraband.
7. Has a criminal record in the State or foreign countries.
8. Has suffered from a contagious disease or other diseases that may jeopardize public health.
9. Is believed, on the basis of sufficient factual proof, to be incapable of making a living in the State, save the circumstance that he/she seeks shelters from his/her sponsor and has endorsement.
10. Has held a visitor visa but does not have an air ticket or a steamer ticket for a return trip or a trip to the next destination or has not secured an entry visa for the next destination.
11. Has been denied entry, ordered to exit within a certain time, or deported from the State.
12. Has overstayed his/her visit or the period of his/her residence or has worked illegally.
13. Is believed to endanger national interests, public security, public order, or the good customs of the State.
14. Hinders good social customs.
15. Is believed to engage in terrorist activities.
16. Seriously violates internationally recognized human rights.
If a foreign government prohibits a national of the State from entry pursuant to reasons other than those reasons set forth in the each Subparagraph of the preceding Paragraph, the National Immigration Agency may apply the same reasons to prohibit that country's nationals from entering the State after consulting with the Ministry of Foreign Affairs of such prohibition.
The period of entry as prohibited under Subparagraph 12, Paragraph 1 shall be one (1) year or over from the next day of the date of an alien’s exit of the State and shall not be more than seven (7) years.
The provision of entry ban as set out in Subparagraph 16, Paragraph 1 shall apply mutatis mutandis to the people of the Mainland Area and the residents of Hong Kong or Macau.
Article 19
An alien who is on board an aircraft, a vessel, or any other means of transport, may be granted a temporary entry, through the application of the concerned captain of the aircraft or vessel, transport service proprietor, or the application of the rescue department, or the application of the captain of an rescue aircraft or a vessel if he/she meets any of the following circumstances:
1. Is catching a connecting flight, a connecting vessel, or any other means of transport.
2. Has been suffering from a disease, seeking shelter or going through any other exceptional accidents.
3. Has made a forced landing, entered a harbor for an emergency, gone through an accident, or been caught in a disaster.
4. Has other justifiable reasons.
The competent authority shall enact regulations to govern an application procedure for temporary entry, required documents, the issuance of a certificate, the period of a visit, the places for a visit, administration and other matters which shall be complied with.
Article 20
With respect to passengers who are transported by an aircraft, a vessel, or any other means of transport and have to check into overnight lodging in the State because of being in transit, the concerned captain of the aircraft or of the vessel, or the transport service proprietor shall apply to the National Immigration Agency for permission.
The passengers stated in the preceding Paragraph shall not leave the overnight lodging without permission. The competent authority shall enact regulations that govern an application procedure for overnight lodging, required documents , places of lodging, administration and other matters which shall be complied with.
Article 21
The National Immigration Agency shall prohibit an alien from exiting the State if he or she meets one of the following circumstances:
1. Has been prohibited from exiting the State at the request of a judicial authority.
2. Has been prohibited from exiting the State at the request of a tax authority or each competent authority by law.
When any person is prohibited from exiting the State pursuant to the preceding Paragraph and such a matter is found out by the National Immigration Agency at the inspection of the person, the Agency shall provide written documents to the person and inform him/her verbally of the reason .
The provision of exit as prohibited in the preceding two Paragraphs shall apply to the people of the Mainland Area and the residents of Hong Kong or Macau.
Article 21-1
No one shall engage in any of the following conducts:
1. Facilitating, aiding, or abetting any alien to enter the State illegally.
2. Facilitating, aiding, or abetting any alien who is subject to prohibition from exiting the State to exit the State.
The provision described in Subparagraph 2 of the preceding Paragraph shall apply mutatis mutandis to the people of the Mainland Area and the residents of Hong Kong or Macau who are subject to prohibition from departure.