The integrated 365 civil service call center, which provides support for overseas Korean, will do its best to assist you in any way we can.
Overseas Korean Nationals and Overseas Koreans
365 Civil Service Call Center
82-2-6747-0404
Emigration means persons who emigrate to foreign countries to make a living and their families or the persons who emigrate to foreign countries for marriage with foreigners or any other special relationship with foreigners. Thoughtful consideration and caution are needed as it means leaving behind the familiar for the unknown. The Overseas Migration Intermediary Agency was operated as a licensing system until 1999, but following the deregulation policy by the government, now it only requires the applicant to prepare basic requirements and report them to the Overseas Koreans Agency.
The number of registered overseas immigration agencies is expected to increase as the public's interest in immigration continues to grow.
As such, it can be said that the selection of intermediaries has expanded for those who want to move abroad, but the reality is that many poor-quality intermediaries also continue to emerge. Recently, companies located in other countries, such as the United States, have contacted domestic customers online. These companies are not registered with the Overseas Koreans Agency, so please be careful if you are contacted by such an agency.
Those who wish to move abroad should carefully consider various aspects, such as the country's immigration policies, the agency's immigration arrangement performance, and whether there has been mishandlings before selecting a reliable company. Lately, there have been many disputes between overseas immigration agencies and prospective immigrants over unskilled workers/employment immigration to Canada. You are kindly informed that the term “Employment Immigration” is not a type of immigration recognized by Canada. Such cases are seen as “Employment,” not an immigration.
Employment and immigration are different.
Keep in mind that disputes with overseas immigration agencies may arise due to failures in arranging overseas immigration procedures, and it is very important to specify resolutions for disputes while signing contracts with agencies.
Reminder : Please note that the declaration of emigration is not done only through an agency but can also be processed by yourself.
Precautions in Case of a Dispute
If you wish to emigrate, please visit the website of the Overseas Koreans Agency to check whether the overseas immigration agency is insured, closed, or suspended, and then take the necessary steps through a reliable company.
If you use a standard contract suggested by an overseas immigration agency, it is important to carefully review the details of the arrangement, procedures, and commission payment before signing a contract.
In particular, we inform you that it is very important to specify the dispute settlement methods in the contract since a dispute may arise when failing to proceed with overseas migration arrangements with immigration agencies after signing a contract.
All matters related to overseas migration arrangements, including immigration commissions, are set automatically by registered companies. Disputes between overseas immigration agencies and applicants continue to increase. If a dispute arises during the immigration procedure after signing a contract with an overseas immigration agency, please refer to Article 9 of the 「Enforcement Rules of the Overseas Migration Act」 and take the necessary measures.
Reasons for claiming insurance money under Article 16 (4) of the 「Enforcement Decree of the Overseas Migration Act」 are as follows:
Guarantee insurance money of an overseas immigration agency
Immigration procedures can be arranged by individuals, but those who are unable to do so can proceed through an immigration agency. The 「Overseas Migration Act」 requires immigration agencies registered with the Overseas Koreans Agency to subscribe to guaranteed insurance policies (Insured: Commissioner of the Overseas Koreans Agency) worth 300 million won or more than 500 million won as collateral to compensate for damages to companies and contractors during the immigration process. However, considering that immigration takes a long time and the amount of the mediation fees is not small, it can be problematic to pay 300 million won or more than 500 million won only in guarantee insurance to compensate for the total loss of migrant contractors accumulated over the years. Therefore, those who wish to proceed with immigration through an intermediary company should pay particular attention to avoid immigration accidents in advance by understanding the immigration system of the Immigration Bureau and conducting legal review of the contract conditions.
Prescription period for the right to claim guarantee insurance
According to the terms and conditions of the overseas immigration agency's guarantee insurance, the statute of limitations for the right to claim insurance related to the insurance contract expires after 2 years and compensation can be incurred only for property damages during the agency's insurance subscription period. Immigration procedures can be arranged by individuals, but those who are unable to do so can proceed through an immigration agency.
How to claim insurance
How to claim guarantee insurance money for overseas arrangement contracts
The overseas migration arrangement business is operated through a registration system, which means anyone can freely run it if they register with certain requirements (capital of more than 100 million won, guarantee insurance of more than 300 million won, etc.) Currently, there are 91 overseas migration agencies registered with the Overseas Koreans Agency, and disputes often arise between these agencies and contractors over non-compliance with overseas migration contracts. he Overseas Koreans Agency claims insurance money from Seoul Guarantee Insurance Co., Ltd. on behalf of the claimant if the contractor suffers damages due to a default of the contract by the intermediary. The procedure for applying for an insurance claim to the Overseas Koreans Agency is as follows.
The reasons for claiming insurance money are as follows.
The target for overseas national registration is ‘Korean citizens who reside or stay in a certain area of a foreign country and intend to continue the residence or stay for more than 90 days’ (excluding foreign citizens who have lost their Korean nationality). Retroactive overseas national registration is impossible for previous residency that no longer applies.
If you intend to register as an overseas national, please submit an application form and a copy of the applicant’s passport (including Personal Information, Departure Stamp, Entry Stamp, and Valid Visa) to the competent diplomatic offices in your residence area (embassy, consulate general, consulate annex, or branch office). You can also apply online through the website of Consular Civil Service 24.
In principle, individuals should register as an overseas national by themselves. But, the lineal family and the spouse can also apply for registration as an agent of whom is supposed to register. In this case, additional documents (Family Relationship Certificate, Family Census Register, Power of Attorney, and the Agent's ID Card) are required to prove the relationship between the agent and the applicant. (However, applying by mail is only available for the applicants themselves).
A registered overseas national shall report to the Commissioner of Overseas Koreans Agency within 90 days from the date of return if he/she returns home with the intention of continuing to live or stay in Korea for more than 90 days.
You can report your return to the overseas immigration office after returning to Korea or to the overseas missions before returning to Korea, and the documents necessary for reporting for your return are the Return Report and the Registered Person's ID Card.
The spouse of the registered person, the spouse's immediate family, the registered person’s lineal immediate family, and their spouses can report the registered person’s homecoming on behalf of the person who intends to register. In such cases, Family Relationship Certificate, Family Census Register, Power of Attorney, and the Agents ID Card must also be submitted to prove the relationship between the agent and the registered person.
If a registered overseas national is found to correspond with any of the following, the registration will be cancelled.
1. In cases where the registered person has reported his/her return to Korea.
2. If the registered person does not continue to live in a registered area for more than 183 days.
3. If the registered person has lived in Korea for more than 183 days continuously.
4. In case of loss of Korean nationality or death.
A copy of the Overseas Koreans Register is a document that confirms the registration only for those who have completed registration at the relevant overseas mission.
※ A copy of the Overseas National Register cannot be used as a document that directly proves the overseas stay period of overseas Koreans.
Overseas Koreans can be registered only at the relevant diplomatic missions (embassy, consulate general, consulate annex, or branch office) in the country where they are residing, but a copy of the overseas national register can be issued not only at the registered diplomatic missions, but also in Korea.