The National Immigration Agency shall deport an alien if he/she commits any of the following offenses:
1. Violation of the provisions stated in Paragraph 1 of Article 4 by entering the State without inspection
2. Violation of the provisions stated in Paragraph 1 of Article 19 by temporarily entering the State without permission
The National Immigration Agency may deport or order an alien to exit the State within ten (10) days after he/she receives the deportation order, based on any of the following circumstances; The National Immigration Agency may deport an alien who has failed to exit the State within a given period of time of the order.
1. Has entered the State and been found in violation of any of the provisions indicated in Paragraphs 1, 2 of Article 18 which prohibits entry into the State
2. Has failed to comply with requirements such as documents, certificates, and periods/place of visits, stipulated under Paragraph 2 of Article 19
3. Has violated the provisions stated in Paragraph 2 of Article 20 by leaving the designated overnight lodging facility without permission
4. Has violated the provisions stated in Paragraph 1 of Article 29 by engaging in activities that are inconsistent with the purpose of visit or residence
5. Has failed to comply with regulations concerning restrictions on his/her residence and activities as set by the National Immigration Agency in accordance with Article 30
6. Has violated the provisions stated in Paragraph 1 of Article 31 by failing to apply for extension of stay or residence prior to the expiration date of the visitor or residence permit; however, exceptions can be made depending on the condition stated in Paragraph 3 of Article 31
7. Has met the provision indicated in Paragraph 4 of Article 31 and the reason for residence no longer exists, resulting in the cancellation of the alien’s residence permit and revocation of the Alien Resident Certificate
8. Has violated the provisions stated in Paragraphs 1 to 3 of Article 32, resulting in the cancellation of the alien’s residence permit and revocation of the Alien Resident Certificate
9. Has violated the provisions stated in Subparagraphs 1 to 3 of Article 33, resulting in the cancellation of the alien’s permanent residence permit and revocation of the Alien Permanent Resident Certificate
Upon learning that a criminal act has been committed by an alien (based on the preceding two Paragraphs subject to judicial process), the National Immigration Agency shall notify the relevant authorities ten (10) days prior to the execution of deportation. Unless the alien is detained, arrested, taken into custody or prohibited from exiting the State under the law, the National Immigration Agency may deport or order an alien to exit the State.
The National Immigration Agency shall provide the alien an opportunity to submit claims before deportation is enforced in accordance with the provisions; and shall convene a review committee meeting before deporting the alien, who has already acquired a residence permit or permanent residence permit. However, the alien shall be deported without undergoing a review process if he/she falls under any of the following circumstances:
1. Having presented a written statement renouncing his/her rights to file a claim or having chosen to exit the State voluntarily
2. Having been sentenced to deportation as a result of a final court decision
3. Having been ordered to exit the State pursuant to other laws
4. Having been found guilty of endangering national interest, public safety, and public order or engaging in terrorist activities, an enforcement action shall be immediately undertaken given the urgency of the matter
The party in the preceding Paragraph may engage attorneys and interpreters to attend on site when the claim submission procedure or the review committee meeting is proceeded. The National Immigration Agency may, however, restrict or prohibit if it is possible that such attending may damage national security or if their conduct is inappropriate and sufficient to impact the on-site order or the proceedings.
Competent authorities shall enact regulations on the deportation enforcement process mentioned in Paragraphs 1 and 2 and the preceding Paragraph, along with the respective deportation methods, procedures, management, on-site permission for the attorneys and interpreters, the restrictions or prohibitions thereof, and other guidelines.
The review committee meeting referred in Paragraph 4 shall be selected and appointed by competent authorities from representatives of relevant agencies, independent community representatives, scholars and experts. The number of single gender committee members should be no less than one third, while scholars and experts should make up one half or more of the total number of committee members.