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									                                          KOREAN SPOUSES
                                  Complete guide for Korean Spouses
Acquisition of Permanent Residency (F-5)
1. Eligibility: Residency (F-2) status holders, who have been married and lived in Korea for over two
years, can apply for change of status to permanent residency (F-5) status, while maintaining original
nationality.
2. Requirements: Korean's foreign spouses who has resided in Korea over 2 years with Residency (F-2-1)
status is eligible, on the condition that one of the followings is satisfied: ○ The person who has been
                                                                              1

married to and lived with a Korean spouse ○
                                          2            The person whose Korean spouse died or was
acknowledged to disappear by courts ○The person, being under divorce or separation, who is able to
                                    3

prove that the blame of the disruption lies with a Korean spouse. Even if the marriage no longer continues,
the person who rear child(ren) under 18, the offspring of the marriage.
3. Documents required are as follows (except when additional documents required by immigration
officials): ○Application (uniform form), Passport and alien registration card ○Copies of spouse's
            1                                                                 2

family registration(indicating the fact of marriage) and resident registration ○ Fees ₩50,000 ○
                                                                               3              4

Documents proving financial ability (Select one among the following documents indicating financial
ability equivalent to ₩30 million) ○ Certificate of bank account under the name of applicant or
                                   5

applicant's family members ○Copy of real estate registration ○ Copy of house lease contract ○
                           6                                 7                              8

Certificate of employment of applicant or applicant's spouse. * Those Japanese spouse who acquired F-2
status prior to Aug. 4. 2002, is immune from submitting documents showing financial ability and
guarantee letter.
 ○  Required on a case by case basis: ○ In case of missing : verdict of disappearance issued by
 3a                                    1

court ○ In case of divorce or separation due to Korean side's fault : Official documents upholding
      2

foreign spouse's argument.○ In case of rearing child under 17 who was born during their marriage:
                          3

Family registration of the child, resident registration, court's decision (divorce report and confirmation),
and confirmation letter written by a relative of Korean spouse or a head of village ( tong jang or ban
jang).
4. Calculation of period of domestic residence: In principle, if you leave Korea before your sojourn period
has expired, the sojourn period ends and calculation of period begins all over again upon re-entry.
However, if you return to Korea with a re-entry permit ( issued for trip overseas shorter than 3 month)
and are recognized to have continuity in residency, the periods you have lived in Korea before and after
departure will be summed up together.
5. Those not qualified are as follows: ○ Those who violated Korean immigration law in the past 3 years.
                                       1

However, those who already paid fine causing from breach of duty of reports or article 79 of immigration
law can apply ○ Those sentenced for confinement or more severe punishment.
              2
6. Privileges for permanent resident: ○ Exempted from duty of extension of sojourn period ○ No need
                                      1                                                   2

to visit immigration office for extension of stay ○ Applicants who wishes to go abroad for shorter than
                                                  3

1 year, re-entry permit is not needed. However, when applicants wishes to go abroad for more than 1
years, re-entry permit is required ○ Free economic activities are allowed ○ Immune from compulsory
                                   4                                      5

deportation except the following cases: ○ Committing treason stipulated in chapter 2 of Criminal act
                                        5a

○ Being sentenced imprisonment or confinement more than 5 years ○ Organizing, instigating, or
5b                                                              5c

helping illegal immigration or emigration en masse
○In the case of 3 years' passing since obtaining permanent residency, applicants have the right to vote in
6

local elections. Hence, applicants may elect city mayor, province governor, local assembly man. The first-
ever exercise of voting by such foreigners was realized on May 31. 2006.
7. The flow of permanent residency application and follow-ups: Application → screening and interview
→ field investigation (fact-finding) →criminal record check → opinion submission by local immigrations
to headquarters → opinion gathering by the Justice Ministry (Division of Nationality & Refugee ) →
decision.


                                  NATURALIZATION PROCEDURE
1. Preface
We investigate foreign spouses who applied naturalization, because disguised marriages sometimes cause
social problems and bona fide Korean national fall victim to fake marriage. It takes long time for
naturalization applicants to be given the final answer, because once the nationality is given, it can hardly
be deprived. Therefore, it is handled with proper discretion.
2. The Process of naturalization by marriage: Application, field investigation  Local immigration
Nationality & Refugee division of Justice Ministry Screening N&R division  Decision of permit or
reject  N&R division Informing the applicants  Announcement through official gazette            N&R
division Ministry of Administration  Family registration  Applicant to Local Go'vt (district office)
Abandonment of original nationality  Applicant, Embassy in Korea                applicant Confirmation of
abandonment of Original nationality           Applicant immigration            applicant Korean resident
registration Card Issuance  Applicant town office             applicant Hand in alien registration card 
Applicant  Immigration
3. Acquisition of nationality by foreign spouse
  A. Foreign spouse married to Korean prior to June 14,1998
  Foreign wife : Automatically given Korean nationality at the same time as she was married and can be
                 enrolled on husband's family register.
  Foreign husband : Given Korean nationality on the condition that the Ministry gives approval.
B. Foreign spouse married to Korean posterior to June 14,1998
Regardless of sex, either side can be granted Korean nationality if one is qualified to the 'simple
naturalization' requisite, stipulated in the article 6 of Naturalization act.


"Simple naturalization" requisite, stipulated in the article 6 of Naturalization act
1. Foreign spouse must be married to a Korean spouse and live in Korea for over two years or be married
to a Korean spouse for over three years and stay in Korea continuously for over a year.
2. Foreigners must be an adult on the basis of Korean Civil law
3. Must act civil
4. Must be able to make a living by property or craft of one's own, or by help of other family members
who live under the same roof.
5. Must have essential knowledge such as Korean language, and Korean tradition.
In principle, the foreign spouse is exempt from taking the written test. If you apply for naturalization at
the Ministry of Justice (Division of Nationality & Refugee), you will undergo an investigation by
immigration officers about your actual condition of sojourning and eligibility inspection as well. And then
you will be notified of approval or rejection.
Required documents (simple naturalization by marriage)
○ Naturalization application form (available at the Ministry of Justice's Division of Nationality &
1

Refugee or local immigration offices and immigration's web site (http://immigration.go.kr)
(http://seoul.immigration.go.kr ) Application should be submitted only at the following local offices :
Seoul, Busan, Daegu, Gwangju, Daejeon, Masan, Chuncheon and Jeju immigration ○ Statement ○
                                                                             2           3

Passport, alien registration card ○ Fees and 3 color photos ○ Copies of spouse's family registration
                                  4                         5

(indicating fact of marriage) and resident registration ○ Letter of guarantee○ Documents proving
                                                        6                    7

financial ability (Select one among following documents indicating financial ability equivalent to ₩30
million): ○ Certificate of bank account under the name of applicant or applicant's family members ○
          8                                                                                       9

Copy of real estate registration ○ Copy of house lease contract ○ Certificate of employment of
                                 10                             11

applicant or applicant's spouse
* If the above-mentioned documents of finance are not available, financial guaranty by a Korean national
can be submitted instead
* Other materials such as pictures, letters, which could be of help in supporting the evidence of real
marriage and additional documents could be required by Immigration without prior notice.
Notice:
○ When applying for naturalization in the immigration office, you need to accompany a Korean spouse to
show that you are in normal state of marriage. However, if there is any inevitable reasons, you could visit
alone with an ID card of the spouse.
○ The burden of proof of the inevitable situation lies with applicant (e.g. certificate of hospitalization).


The subsequent procedure
1) After application is submitted, if changed occur, such as address, phone number, etc, you must inform
those to the Justice Ministry's naturalization and refugee department (tel: 031-478-5027~8. location:
Pyeongchon-dong in Anyang city). Otherwise it will cause serious harm to the process.
2) In ordinary cases, immigration officers visit the applicant's home or surroundings. But in the case that
there are child(ren) between the applicant and spouse, the field inspection can be omitted.
3) Following the field inspection, the applicants will be given the message from the Justice Ministry's
naturalization and refugee department to undergo interview procedure. Interview is done in the
naturalization and refugee department (Pyeongchon-dong in Anyang city).


After acquiring permission of naturalization
Even if you are given a notification of permit to naturalization, the procedure is not yet finished. Nor is
Korean resident card automatically issued. Therefore, in order to exercise rights to the fullest as a Korean,
you should undergo the procedures as below :
A. Report of family registration
Within a month of receiving notification of permission to naturalization, you must hand in the 5 copies of
the notification to family registration department of local government office (city, district office).
B. Renunciation of foreigner's original nationality
You should immediately notify the foreign embassy in Korea on renunciation of your original nationality,
and be issued a "foreign nationality renunciation certificate.
If you do not perform renunciation of nationality within six months after the date of notification of
naturalization, you will automatically lose your newly-gained Korean nationality.
C. Confirmation of renunciation of foreign nationality
You must visit the local immigration office and submit your "foreign nationality renunciation certificate",
copy of family registration, and naturalization permission notification. You will then be issued by
immigration office of a written confirmation of foreign nationality renunciation.


However, if you do not give up your original nationality within six months due to unavoidable
circumstances, you must be issued by immigration office of a written confirmation on reserve about
foreign nationality renunciation. In such a case, reservation period is given shorter than 2 years.
D. Application for Korean resident registration card (i.e. Korean ID card)
You must bring naturalization permission notification, a copy of family registration and written
confirmation of your foreign nationality renunciation to your local town office (i.e. Dong-samuso), report
resident registration and apply for issuance of Korean resident registration card.
E. Return alien registration card
The alien registration card should be returned to the local immigration office. When you visit immigration,
you need to bring your naturalization permission notification, a copy of family registration, Korean
resident registration card and alien registration card. This is the final step of the entire procedure. Until
you finally return your alien registration card to immigration office as a sign of completing the whole
process, you should extend your visa in the immigration like ordinary foreigners.
                                 Guide for Immigrant Women on Marriage
1. Alien Registration and Extension of Stay for Residency (F-2) Status Holders
If you want to stay in Korea more than 90 days, you are required to apply for alien registration and
extension of stay at a local immigration office having the jurisdiction over the place of your stay within
90 days from the date of your entry.
Documents required are as follows: ○ Application (combined form) (Refer to the downloadable forms
                                   1

on the Immigration Bureau website www.immigration.go.kr under the Ministry of Justice.) ○ Passport
                                                                                        2

and 2 color photos (3 x 4cm) ○ Copy of spouse’s family registration (indicating fact of marriage), copy
                             3

of resident registration ○ Letter of guarantee (authentication unnecessary) ○ Fees (₩30,000 :
                         4                                                  5

₩10,000 for Alien Registration and ₩20,000 for Extension of Sojourn Period)
2. Extension of Stay (Alien Registration holders)
If you want to continue staying in Korea under F-2 status, you must register at a local immigration office
having the jurisdiction over the place of your stay before your sojourn period ends, and should be
accompanied by your Korean spouse.
※ The application would be possible from two months before sojourn period expiration date
Documents required are as follows: (1) Application (combined form) (2) Passport and alien registration
card (3) Copy of spouse’s family registration (indicating fact of marriage) (4) Copy of spouse’s resident
registration or resident registration card (5) Letter of guarantee (authentication unnecessary) (6) Fees
(₩20,000)
3. Letter of Guarantee
The Korean spouse must guarantee for your identity. However, if your Korean spouse is deceased or you
have divorced or separated, your identity might be guaranteed by a relative of your former Korean spouse
or a third party is qualified for guarantee (a person who is at least up to 20 years old and has regular job).
※ Documents that verify qualification for guarantee: certificate of employment, tax payment verification,
property taxation verification
4. Employment in Korea for Residency (F-2) Status Holders
A foreign spouse of a Korean national is free of specific restrictions on the scope of employment
activities and may work in Korea as a Korean national can.
5. Change in Residence
If you want to change the place of residence, you are required to notify the change to the new city, county,
or district office, or the local immigration office having the jurisdiction over the new place of your stay,
within 14 days from the date you moved. You should take your passport and alien registration card with
you.
6. Application for Permanent Residency (F-5) Status
Residency (F-2) status holders, who have been married and lived in Korea for over two years, can apply
for a change in residency status to permanent residency (F-5) status without being restricted in period of
stay, while maintaining original nationality.
Documents required are as follows: (1) Application (combined form) (2) Passport and alien registration
card (3) Copies of spouse’s family registration (indicating fact of marriage) and resident registration
(4) Documents establishing property relations: Select one among following documents that can prove a
regular income: certificate of bank balance exceeding ₩30 million under the name of the applicant or
applicant’s family; copy of real estate registration; copy of house lease contract; or certificate of
employment of applicant or applicant’s spouse.
(5) Letter of guarantee (6) Fees (₩50,000)
7. Foreigners who are allowed to stay, if your Korean spouse is deceased, missing, or if you have
divorced or separated: ○Foreigners whose Korean spouses have died or are missing, due to sickness or
                       1

accidents etc, while maintaining marriage status after the foreigner entered Korea and filed a marriage
report ○ Foreigners who have gotten divorced or separated from their Korean spouses due to the
       2

Korean spouse’s fault (violence, discord etc.) ○ Foreigners who have children born with their Korean
                                               3

spouses regardless of to whom the fault of divorce or separation lies


                                  International Marriage and Nationality
8. Acquisition of Nationality for foreign Spouse
Nauralization approval must be granted by the Minister of Justice under separate permission and the
foreigner must; ○ Be married to Korean spouse and live in Korea for over two years; or ○ Be married
                1                                                                      2

to Korean spouse for over three years and stay in Korea continuously for over a year ○ In principle, the
                                                                                     3

foreign spouse is exempt from taking the written test and interview. If you apply for naturalization at the
Justice Ministry’s Nationality and Refugee division, you will undergo a sojourn trend investigation and
eligibility examination, and be notified of approval or rejection.
Documents for simple naturalization (by marriage) are required are as follows: Naturalization approval
application (available at the Ministry of Justice’s Nationality and Refugee division or local immigration
offices). Application should be submitted only following local or district offices: Seoul, Busan, Daegu,
Daejeon, Gwangju, Masan, Chuncheon, and Jeju immigration office: ○ 3 copies of passport, 1 copy of
                                                                 1

alien registration card ○ 1 copy of verification of immigration ○ Marriage certificate (optional),
                        2                                       3

copies of spouse’s family registration (indicating fact of marriage) and resident registration.           ○
                                                                                                          4

Documents establishing property relations: Select one among following documents that can prove a
regular income: certificate of (future) employment of applicant or applicant’s spouse, certificate of bank
balance exceeding W30million under the name of the applicant or applicant’s family; copy of real estate
registration; copy of house lease contract; or copy of business registration or lease contract if independent
businessperson. If the above documents are not available, financial guaranty by a Korean national is also
possible.○ 4 copies of letter of guarantee (stationary form, picture attached to each copy) ○ Fees of W
         5                                                                                  6

100’000 and 1 color photo. Spouse should also be present when applying if possible ○ Acquisition of
                                                                                   7
nationality when you are cohabiting without marriage registration. Only if the marriage is registered at the
census registration office and only when the fact of marriage is recorded on the family registration can
foreign spouses apply for simple naturalization (by marriage). In cases of cohabitation, the foreigner must
reside in Korea for over five years continuously to apply for general naturalization.
9. Place to apply for nationality issues
Application and notification places regarding nationality issues are Seoul, Busan, Daegu, Daejeon,
Gwangju, Masan, Chuncheon and Jeju immigration office. (No mailing services and on-line services are
allowed).
(Since the end of April 2006 the place of application would be extended to nationwide immigration
offices (not including immigration branch office).
10. How to calculate the period of stay when you leave Korea before expiration date ?
In principle, if you leave the country before your sojourn period expiration date has expired, the sojourn
period ends (counting from the date of your entry) and two years must be counted all over again upon re-
entry. However, if you have a re-entry permit after temporary departure and are recognized to have
continuity in residency and making a living in Korea before and after departure, the periods you have
lived in Korea before and after departure will be summed up together.
11.Giving birth and acquiring nationality
Even if you give birth to your child in Korea, you can only apply for nationality after residing in Korea
and being legally married for two years. However, in case of childbirth, sojourn trend investigation will
be omitted and the time it takes in examining and allowing naturalization will be reduced.
12. Issuance of Resident Registration Card after Naturalization Permission Granted
a) Report of family registration: Within a month of receiving notification of permission of naturalization,
you must report naturalization in person at a family registration government office (city, district, or town
office) and be issued three copies of family registration. (You must take with you the notification of
permission of naturalization.)
b) Renunciation of foreign nationality
After receiving notification of permission of naturalization, you should immediately notify the foreign
embassy or your country on renunciation of your original nationality, and be issued a “foreign nationality
renunciation certificate.” If you do not perform renunciation of nationality within six months after
receiving permission of naturalization, you automatically lose your Korean nationality.
c) Confirmation of renunciation of foreign nationality
You must visit the Nationality and Refugee division of the Ministry of Justice (local immigration offices,
the Sejongro Seoul immigration office). You should submit your “foreign nationality renunciation
certificate,” copy of family registration, and naturalization permission slip. You will then be issued
written confirmation of foreign nationality renunciation. However, if you do not give up your original
nationality within six months due to unavoidable circumstances, you must be issued written confirmation
of foreign nationality renunciation reserve confirmation at a local immigration office.
d) Application for resident registration card issuance
You must take a copy of family registration and written confirmation of your foreign nationality
renunciation to your local town office and report resident registration and apply for issuance of resident
registration card.
e) Return alien registration card
The alien registration card should be returned to the local immigration office where you underwent alien
registration. (Be sure to take your notification of permission of naturalization, copy of family registration,
resident registration card, and alien registration card.)
13. How to re-acquire Korean nationality after losing Korean nationality from failure to denounce original
nationality within six months, even after receiving naturalization permission?
You can re-acquire Korean nationality that you lost if you undergo procedures to give up your former
nationality within a year of losing nationality and submit a written statement of nationality acquisition to
the Minister of Justice.
Documents required are as follows: (1) Statement of nationality acquisition (2) Copy of family
registration (3) Documents proving the fact and date of foreign nationality renunciation (4) Fees
(₩10,000)
14. Whether you lose your Korean nationality if your Korean spouse dies or you get a divorce after
acquiring Korean nationality and have your name entered in your spouse’s family registration.
If you have acquired Korean nationality after you marry a Korean, you do not lose your Korean
nationality in the event of your spouse’s death or your divorce.
15. Nationality acquisition of children born in the former country before the foreign spouse acquires
Korean Nationality.
a. Adoption by Korean spouse: You must submit the “adoption notification” form at the family
registration office (city hall, district office, or town office) of your Korean spouse’s place of permanent
address, register the fact of adoption, enter the adopted child (under the age of 20) into Korea, and submit
documents applying for permission for special naturalization at the Nationality and refugee division of the
Ministry of Justice or at a local immigration office. When adopting persons 20 years or older, you must
reside in Korea over three years to apply for naturalization.
b. Apply together with foreign spouse for nationality acquisition (collective acquisition)
When the foreign spouse submits an application for naturalization approval, children under 20 years of
age may also acquire Korean nationality if the spouse marks his/her intent for the child in the “collective
acquisition relationship” box on the application. Documents verifying the parent-child relationship should
be attached.
Documents required for special naturalization permission through adoption are as follows:
(1) Application for permission of naturalization (Ministry of Justice form, available at the Nationality and
Refugee division at the Ministry of Justice) (2) Copy of passport, copy of alien registration card (3)
Verification of immigration fact (4) Documents establishing property relations.
Select one among following documents that can prove a regular income: certificate of employment of
applicant or applicant’s family, certificate of prearrangement of employment, proof of bank balance
exceeding ₩30 million; copy of real estate registration; copy of house lease contract; or copy of business
operator registration card and business location lease contract if a self-managed businessperson (5) Copy
of adoptive father’s or mother’s family registration (indicating adoption of the applicant) and a copy of
resident registration (6) 4 copies of identity verification (stationary shop form, picture to be attached on
each copy) (7) Fees (₩10,000) - It is advised that applicant be accompanied by both adoptive parents
when applying.


                                         Divorce and Sojourn
Nationality Issues
16. Whether foreign spouses who run away from home are illegal residents.
In order to protect foreign spouses harmed by domestic violence, foreign spouses do not become illegal
residents automatically even if the Korean spouse reports the foreign spouse to have run away from home.
17. Expiration and extension of sojourn period during divorce proceeding
If your sojourn period ends while you are still in the legal process of settling your divorce, you can apply
for extension of stay by submitting documents could be verified the fact that you are in the middle of
legal proceedings. Residency (F-2) status will be granted, however visa must be extended every three
months until the lawsuit ends.
Documents required are as follows: ○ Passport, alien registration card ○)Application for Extension of
                                   1                                   2

Sojourn Period (fixed form) ○ Proof of filing of lawsuit (issued by the court in which the lawsuit was
                            3

initiated) ○ Letter of guarantee ○ Fees (₩20,000)
           4                     5

18. Divorce by agreement and application for naturalization
In the case of divorce by agreement, it is impossible to apply for “naturalization by marriage,” but you
may apply for naturalization if you reside legally in Korea for over five years under the conditions of
“general naturalization.”
19. Nationality acquisition after marriage ends
When the marriage comes to an end in the event of the Korean spouse’s death, disappearance, or any
other reasons in which the foreign spouse is legally free of blame, or if the foreign spouse is raising (or
will raise) underage children born from the said marriage, the foreign spouse can acquire Korean
nationality.
20. Nationality acquisition after divorce by settlement
If the settlement includes content specifying that the Korean spouse will pay a certain amount of money
in compensation, it can be used when applying for nationality acquisition (naturalization approval) as
proof that verifies the Korean spouse’s fault.
21. Korean spouse initiates a lawsuit filing for divorce from a foreign spouse that has run away from
home due to domestic violence
A Korean spouse may file for a divorce lawsuit citing the fact that the foreign spouse has run away or
other faults. In principle, the foreign spouse must be notified of the lawsuit, but in the case that the
foreign spouse’s whereabouts are unknown as the person has run away, “service by public notice” is
allowed. The facts submitted by the Korean spouse will be referred to and a divorce ruling will be brought
out. The foreign spouse can initiate a lawsuit (subsequent appeal) within two weeks after knowing of the
divorce ruling through service by public notice, with evidential data that can overturn the reasons
attributable or prove a basis for compensation.
22. Status after getting divorced through a lawsuit
When a foreign nationals have been divorced from their Korean spouse without their faults or if the
foreigner must raise a child born as a result from the marriage with the Korean spouse regardless of
reasons attributable for the divorce, the foreigner is allowed to stay and work in Korea under residency
(F-2) status.
 Immigration Homepage (http://www.immigration.go.kr). For the further information refer to’Information Service’




                                            Laws on Women
1. Domestic Violence
A. Domestic violence cases settlement procedures
If a family member (spouse or former spouse as well as direct blood relative descendants by law) gives
physical, psychological harm to or damages the property of another family member, the injured party can
notify and report it to the police, and the injurer may be punished under the Special Act for the
Punishment of Domestic Violence. The notified police must immediately go to the crime scene and do the
following: 1) refrain the perpetrator from further acts of violence and start the investigation with the
offender and victim separately; 2) take the victim to a domestic violence related relief center or protection
center if the victim wishes; 3) take the victim to a medical facilities if in need of urgent treatment; and 4)
apply for legal “temporary measures” if the act of violence reoccurs.      *Call “112” to reach the police.
B. Punishment of perpetrators of domestic violence
A report to the police does not lead automatically to punishment. Domestic violence cases can be
punishable as criminal cases, or be settled as “domestic protection cases” by putting a restraining order on
the perpetrator for a certain period of time, or require the perpetrator to perform community service,
attend lectures, or take counseling etc.
2. Sexual Abuse
A. Punishment of sexual crimes
Out of respect for the victim, most sexual crimes are only punishable if the victim files a complaint.
Without the aggrieved person’s complaint, the offender will not be punished, even if the police register
the crime report and begin the investigation or directly witness the sexual crime and arrest the offender on
the spot. However, in order to prevent sexual crimes from rapidly increasing and enforce stronger
punishment, offenders will be punished even without victims’ complaints in certain circumstances, such
as when they carry deadly or dangerous weapons or if two offenders or more commit sexual crimes
together.
B. Types of sexual crimes
b1) Cases that require victims to file complaints: Rape or indecent act by force (including indecent acts
on victims while they are asleep); sexual intercourse by an employer on an employee by deceit or
ostentation of power; sexual intercourse under false pretense of marriage; unwanted sexual contact in a
public place such as in a bus, subway, concert, or assembly (by groping victim’s body with one’s hand or
intentionally pressing and rubbing one’s sexual organs on victim etc.); and filming of victim’s sexual
parts with a camera without the victim’s consent.
b2) Cases that do not require victims to file complaints
Rape (indecent act by force) by a robber; rape (indecent act by force) by breaking and entering into the
victim’s home; rape (indecent act by force) by threatening the victim with a deadly weapon; rape
(indecent act by force) by a relative; rape (indecent act by force) by two offenders or more together; rape
(indecent act by force) resulting in injuries or death of the victim.
b3) Acts by superiors or fellow employees in the workplace that result in sexual mortification or disgust
such as sexual jokes, display of obscene photographs or pictures, or light sexual contact (touching
buttocks or hugging shoulders etc.) fall under the category of “sexual harassment,” and disciplinary
actions on the offenders should be carried out by the business executives.
C. Period of complaint
In sexual crime cases that require victims to file complaints, the victim must file a complaint within a year
since the day the victim first met the offender. (General crimes’ period of complaint is six months after
knowing the offender.)
D. Information on reporting (filing a complaint on) a sexual crime
d1) When reporting criminals taken in an act of a crime, police officers called out to the crime scene will
investigate the circumstances if you report the crime to “112.”
d2) When submitting a complaint, you must file a complaint stating the personal information of the
offender, victim, and injury, to be submitted to the civil petition office at the police station.
d3) When filing an oral complaint at the civil petition office of the police station, you can write down a
complaint after talking to the women counseling police officer on complaint filing procedures (the
complaint may be written by another to the victim’s dictation) or receive information on complaint filing
procedures by telephone (area code + 0118).
E. Presence in company of persons having fiduciary relations
When courts and law enforcement agencies (police stations, prosecutors’ offices) examine sexual
violence victims, the victim may be accompanied by someone who the victim could trust or could help
the victim (sexual violence relief center counselors etc.).
F. Importance of victim testimony
In sexual crimes, the testimony of injured parties is very important and victims should testify in court if
possible. If the victim is unable to testify in accordance to trial schedules due to unavoidable
circumstances, the victim can tell the reason to the prosecutor and ask for help. The prosecutor can
request for a witness examination at the court in advance before the trial begins.
G. Steps after sexual crimes
g1) Cases where the victim is raped by someone outside the family
If you were raped or forced to have sexual contact with someone who is not your husband under assault
and threat, first go to someone you can depend on in your family or among your relatives and talk to them
about it. Then, contact a sexual violence relief agency and ask for help. Even if you do not want to press
criminal charges on the assailant right away, it is better to receive aid from a sexual violence relief agency
for the victim’s psychological stability. After the victim receives physical and psychological care, the
victim must decide whether to file a complaint against the offender or not. The victim may file a
complaint against the perpetrator so that the perpetrator will receive criminal punishment, or the victim
may initiate a trial to claim financial compensation for damage done. As compilation of evidence is
especially difficult in sexual crimes, the injured party’s actions in taking the appropriate measures to
secure evidence are very important.
g2) Cases where victims are raped by family members or relatives
If you were raped or forced to have sexual contact with a family member or relative under assault and
threat, you can just report it to the police as it is a crime that is punishable without the victim’s complaint
filed. This can serve as grounds for divorce, and it is important to secure relevant evidence.
H. Sexual harassment at the workplace
If you have been a victim of sexual harassment at the workplace, immediately notify your employer and
take disciplinary action or other such actions on the offender. If your employer does not take the
appropriate measures, contact a sexual harassment counseling center (sexual violence relief center etc.)
and ask for assistance. If the employer fires or gives certain disadvantages to the victim, the victim can
bring a charge against the employer to the police. Moreover, the victim can also initiate a lawsuit against
the offender (for sexual jokes or actions) and the employer (for giving certain disadvantages) claiming
financial compensation for infliction of emotional distress.
Ways to secure substantiated evidence: ○ Do not wash your body, but go to the hospital as soon as
                                       1
possible. ○ Receive treatment and be examined by an obstetrician, and also make sure to extract the
          2

offender’s semen or pubic hair. (go to the hospital as fast as you can even if you have washed your body.)
○ Take pictures of any bruises or cuts on your body ○ Take your clothes or other pieces of evidence
3                                                   4

from the time of the event and keep them in a paper bag ○ It is necessary in certain cases to get a
                                                        5

prescription for medication to prevent pregnancy or be examined for venereal disease ○ If the assailant
                                                                                     6

was a stranger, take notes of what you remember of the assailant’s voice, appearance, and clothes.


Some hospitals lack concern for sexual violence victims and avoid extracting evidence or issuing written
diagnosis certificates. Thus, contact a sexual violence relief organization and receive information on
hospitals. When you arrive at the hospital you must tell the hospital officials that you are a victim of
sexual violence in order to be examined to secure substantiated evidence.


                                            Prostitution public
A. Prohibited acts
1) Prostitution;
2) Procuring prostitution and associated acts;
3) Human trafficking for the purpose of prostitution;
4) An act of employing and recruiting another person for the purpose of prostitution, or introducing and
intermediating work with the knowledge that the work is associated with prostitution; and
5) An act of advertising for activities and/or an agency where such activities are carried out, which fall
under subparagraphs 1), 2), 3), or 4).
B. Cases where prostitution is forced
You must clearly state that you refuse to engage in prostitution. If you are still forced, ask for help at a
prostitution counseling center or notify the police by calling 112.
C. Punishment for victims of prostitution
Prostitution counseling centers: In principle, those engaging in prostitution activities are punished along
with the business operator, but if a person engaged in prostitution by force or procurement, the person
will be defined as a prostitution victim, escape punishment, and all advance payment debts are annulled.
Together Again (Dashi Hamke) Center 02) 814-3660            Magdalena’s Home 02) 704-8382
Saeumteo 031) 867-4655       Dooraebang 031) 841-2609
D. Protection of foreign women under investigation
Eviction orders or protection enforcement does not apply to foreign women under investigation by reports,
complaints, or charges of prostitution until the case is disposed (non prosecution, indictment etc.).
E. Presence in company of persons having fiduciary relations
When courts and law enforcement agencies examine the reporter or victim of prostitution crimes, the
reporter or victim may be accompanied by a person having fiduciary relations (sexual violence relief
center counselors etc) if wishes and applies.
F. Claims for compensation of damages to prostitution business operators or dealers
 You may initiate a lawsuit claiming financial compensation of damages to the perpetrators if: you are
 forced to engage in prostitution by prostitution operators or dealers; you have been exchanged in human
 trafficking for prostitution purposes; you have been physically or verbally assaulted or confined.
 Moreover, if a prostitution operator or dealer harms a prostitution victim by inflicting injury, fraud,
 extortion, embezzlement, or breach of trust, the victim can apply for financial reparation for injury to the
 court during the criminal trials for the prostitution operators or dealers.
G. Money in the form of advance payments that prostitutes borrow from private moneylenders or
financial institutions on prostitution operators’ or dealers’ guarantee
Advance payments from the illegal cause of prostitution do not need to be repaid. Thus, if the private
moneylender or financial institution knew that the loan was to pay for the advance payment debt of a
prostitute and still sealed the contract, the credit is invalid.
H. Serving as guarantor of another prostitute’s advance payment debt by order of prostitution operator
Advance payment credit of the operator’s prostitute is invalid as well as the guaranty debt.


2) Adultery
A. Prohibited acts
If a person, who has a spouse, engages in sexual intercourse with a third party of the opposite sex, the
person is subject to a maximum of two years in prison for crimes of adultery. The third party who had
sexual intercourse with the married person will also be punished regardless of his/her married status, on
the condition that the party was aware that the other party was married.
B. Filing a complaint
Adultery can only be punished if the spouse files a complaint with a statute of limitations of six months.
However, the spouse cannot file a complaint if the spouse gave prior or post approval of the act of
adultery, or if the complaint is not filed after filing for divorce. Moreover, even if the divorce lawsuit was
initiated at the time of filing the complaint, if the divorce suit was dismissed or withdrawn, the complaint
will be deemed to be withdrawn and the spouse cannot be punished.


Women related legal support counseling organizations
1) Emergency Counseling for Women 1366 (open 24 hours a day everywhere in the nation)
  www.1366.or.kr
2) Women Migrants Human Rights Center 02) 3672-7559 (offers counseling, education, and relief to
  women migrants) www.wmigrant.org
3) Korea Women’s Hotline (operates relief center 02) 2269-2962 for victims of domestic violence and
  sexual crimes) www.hotline.or.kr
4) Korea Legal Aid Center for Family Relations 02) 780-5688 (legal counseling related to women and
  family issues) www.lawhome.or.kr
5) Korea Sexual Violence Relief Center 02) 338-2890 (counseling and education on sexual violence,
  www.sisters.or.kr, sexual harassment, sexual education)
6) Christian Center for Violence Against 02) 2266-8275 Women in KAWT (family related counseling)
  www.8275.org
7) Profamily Service Center 02) 830-1816 (family related counseling) www.familyss.com Women
  Migrants Support Groups

								
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