Legal Issues

Legal / Judicial
It's important to understand the laws and legal system of the country you are visiting or living in. The following is meant to serve as an introduction to the Korean legal and judicial systems, and is not intended as legal advice. Please consult the embassy webpage for your home country in Korea for more detailed information, as well as the listed Korean government sources.
 
Alien Registration Card
All foreign resident adults must apply for the alien registration card (ARC) within 90 days of arriving in Korea. Your ARC is a form of official identification. The Korean government requires all non-Korean citizens working in Korea to obtain this ID and carry it on their person at all times.
Required Documents for the Alien Registration Card

Required documents vary by the type of visa held. Common required documents include:

• Application Form (available at the immigration office or downloadable: under 'Foreigner sojourn' 'Foreigner
  registration')
• Passport
• 1 Passport-Sized Photo (3cm x 4cm)
• 10,000 won fee (In the form of a Government Revenue Stamp, which may be purchased onsite)

Foreign residents will need to return to the Immigration Office to pick up their Alien Registration Card. The process often takes between 7 and 14 days. Alternatively, a courier can deliver the card for between 5,000 and 7,000 won. Please note that you will have to surrender your passport during this period, so plan accordingly.

Foreigners over the age of 17 should always carry their Alien Registration Cards with them, in case an immigration official requests them to present it. Alien Registration Cards are surrendered to immigration officials when departing Korea at the end of an employee's contract.

For a complete list of documents for your visa type and detailed information, visit the e-Government for Foreigners website.
 
Immigration
Immigration issues can be very complicated, even when you speak the language. Korea Immigration Services provides information about immigration and visas on their website. Details are also available about the Immigration Contact Center, which provides phone counseling services in 18 languages.
 
Foreign Embassy Websites
The websites for foreign embassies in Seoul have legal information and advice for their citizens living in Korea. Many provide information about passports and visas, working, marriage, birth and death, authentication of documents, taxes and other important topics. Lists of English-speaking lawyers are also available on many websites, as well as more specific information about Korean law and how it applies to the citizens of their countries. Please visit the Help Services section for links to native English speaking-countries' embassy websites.
 
Labor Law
The Ministry of Labor has information about labor law in Korea, including your rights a foreign employee. Labor law counseling services are also provided through a hotline for foreign workers. For more information, visit the
 
Criminal Law
The following is a brief list of crimes and minor offenses in Korea. This is not a complete list, and should not be considered legal advice.
Crimes
Assault – Physical assault on another individual can mean up to two years in prison; a fine of 5 million won; or detention or other fine.

Bodily Harm – Causing physical harm to another person can mean up to seven years in prison; up to 10 years suspended eligibility; or a fine less than 1 million won.

Severe Bodily Harm – Causing life-threatening injuries to another person can mean a prison sentence between one and 10 years.

Indecent Act by Compulsion – Acts of indecency using violence or intimidation against another person can mean up to 10 years in prison or a fine less than 15 million won.

Intimidation – Threats and intimidation can mean up to three years in prison; a fine of up to 5 million won; or detention or another fine.

Rape – Using assault or intimidation to perform an act of rape can mean three or more years in prison.

Minor Offenses

Persons committing minor offenses are sentenced to pay less than 100,000 won fines; detention or other fines. Minor Offense Law in Korea covers the following infractions:

Disturbing the Peace – Provoking fights or encouraging this behavior in others, using threatening language or behavior, being a constant annoyance to others, unjustifiably blocking a road, etc.

Drunken Misconduct – Rough language or behavior, or excessive noise because of intoxication.

Littering – Discarding cigarette butts, gum, tissue, etc.

Neighborhood Disturbance – Loud noise from stereos, megaphones or televisions; loud voices or singing.

Urinating in Public, etc. – Urinating, leaving excrements or spitting in public places.
 
Korea National Police Agency
The website for the Korea National Police Agency includes information about the police force, a Guide to Life and Law in Korea, a list of diplomatic missions and information about Foreigner Human Rights Protection. (Select from "International" dropdown menu)
 
Judicial System
The judicial system of South Korea is made up of the Supreme Court, the Constitutional Court, High Courts, District Courts, and courts of specialized jurisdiction (including Family Court and Administrative Court). Courts in Korea do not have juries, with judges making the decisions concerning law and factual disputes.
 
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