Departure Support Program

Departure Support Program for illegal sojournes
-Exemption of penalty and employment support for employers-

* To ensure safety during the G20 summit and reduce illegal in Korea, the Ministry of Justice plans to launch a strong campaign to crackdown illegal workers and their employers in June. The crackdown operation will be a government-level joint operation where the Ministry of Justice, the National Police, the Ministry of Labor and other relevant agencies participate.

* In line with the crackdown campaign, the Ministry of Justice implement Departure Support Program(May 6- August 31, 4months) to provide benefits for overstayers and illegal employers who join the program while toughen regulations for those who are involuntarily apprehended. Therefore the Ministry of Justice hereby asks for your interest and support for the Departure Support Program.

- Foreigners : Exemption of fines and ban, elegibility for Korean language Test

- Employers : Exemption of penalties for illegal employment, support for hiring replacement workers (EPS eligible business only)

# Heavier administrative sanctions enforcement officers (fines, Entry Ban, Restriction on Foreigner Employment, etc.)


* Incentives for employers who cooperate in the voluntary departure of illegal employees

o The Ministry of Justice will exempt employers from penalties.
o The Ministry of Labor will help employers to hire replacement workers among Koreans and foreigners changing workplace (provided that the employment is subject to the EPS.)

* Cooperating Employers are :

1) those who accompany illegal employees and visit immigration office at a port to report illegal employment. S/He shall make sure the foreigner carries a ticket for departure and exit the country on the day of reporting.
2) visit a local immigration Office(may not accompany his illegal employee) and report illegal employment , resulting in the arrest of or voluntary departure of the reported employee. the voluntary departure must take place within a month of reporting.
o However, employees who is found ton hire illegal aliens by the authority will face fines up to 20million won (or criminal charges) and barred from hiring foreigners for up to three years.


* Incentives for illegal sojournes who exit Korea voluntary

o The Ministry of Justice will exempt illegal aliens from fines and entry ban. The Korean embassies overseas do not impose disadvantage on the foreigners when they apply for visa issuance based on the history of illegal presence in Korea.
o The Ministry of Justice provide self-deporting overstayers the eligibility to take Korean Language Examination so that those foreigners can participate in the EPS to return to Korea lawfully.
o However, illegal sojourners who are arrested by the authority will face fines, deportation and ban on re entry.

**Fines on illegal aliens will continue to be imposed after the termination of the Departure Support Program.

MINISTRY OF JUSTICE - MINISTRY OF LABOR




Request for cooperation regarding "Departure Support Program for illegal sojournes"

1. The Ministry of Justice of Republic of Korea extends its highes respect to Your Embassy for the active support and contribution to the development of relationship between Korean and your country.

2. The Ministry of Justice and the Ministry of Labor has been implementing a temporary Departure Support Program (May 6 to Aug. 31, 2010 to encourage the 180,000 illegal workers to volunteer to exit Korea.

3. We hereby ask for your support to promote more participation of illegal stayers in the program and help them understand benefits of voluntary departure: they can avoid fines and the ban on re-entry.


MAJOR CONTENTS OF DEPARTURE SUPPORT PROGRAM


- Self-deporting overstayers : Exemption of fines and entry ban (Nationals subject to the EPS MOU will be illigible for Korean Language Test)

* eligibility to re-enter Korea for foreigners who meet the visa requirements.

- Illegal stayers discovered involuntary : Fines (from June 1,2010) and entry ban will be imposed.

* Imposing fines on illegal stayers will remain effective indefinitely.

- Self-reporting employers : exemption of penalties for illegal employment and support for replacement workers (for EPS jobs)

- Employers found to have employed illegal stayers will be imposed with fines amounting to sentencing standards and restriction of foreigner employment for up to three years



INFORMATION ON FINES, ENTRY BAN AND PROCEDURE FOR THOSE DISCOVERED INVOLUNTARILY

Source: Investigation and Enforcement Division
Korea Immigration Service

1. Illegal stayers detected by immigration officers are subject to fines:
• Those who stayed illegally for less than one (1) year are exempted from fines;
• KRW 500,000 won for illegal stay of one (1) year to two (2) years (excl.);
• KRW 1 Million won for two (2) years to three (3) years (excl.);
• KRW 1.5 Million won for three (3) years to five (5) years (excl.);
• KRW 2 Million won for five (5) years or over.

There is no commutation of detention to penalties for those who are incapable of paying fines. Instead, illegal stayers will be deported after undergoing a prescribed process and will be banned re-entry for a certain period of time.

2. The period of entry ban for the deported illegal stayers:
• Three (3) years for those who paid fines before being deported;
• Five (5) years for those who failed to pay fines before being deported.

3. The detected illegal stayers will be deported following the procedures below:
1. An illegal stayer is arrested,
2. Will be investigated for illegal stay,
3. Will be detained (upon issuance of detention order),
4. Decision will be made after examination (possible decisions include imposition of fines and issuance of deportation order),
5. Will prepare for departure (issue a passport and buy tickets, etc.),
6. Will be deported.