외국인 신원보증이란? What is the Foreigner Guarantee of Identity in Korea?

What is the Foreigner Guarantee of Identity in Korea?

In South Korea, there is a system called the Foreigner Guarantee of Identity that may be required for certain foreign nationals. This system is primarily aimed at securing the identity and legal responsibilities of foreign nationals who are residing or visiting South Korea under certain conditions. This post explains what the Guarantee of Identity entails, when it is required, and the responsibilities of the guarantor.

 

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• 1. What is the Foreigner Guarantee of Identity?
• 2. When is a Guarantee of Identity Required?
• 3. Responsibilities of the Guarantor
• 4. Qualifications of a Guarantor
• 5. Additional Information and Legal Resources

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1. What is the Foreigner Guarantee of Identity?

The Foreigner Guarantee of Identity is a system stipulated by Article 90 of the South Korean Immigration Act. According to this law, the Minister of Justice may require a guarantor to vouch for a foreign national’s identity and legal responsibilities when applying for certain types of documents or permissions, such as visas or stay permits.

This guarantee is often required when there are concerns about a foreign national’s ability to support themselves financially, abide by South Korean law, or leave the country if necessary. In essence, the guarantor provides a legal and financial backstop for the foreigner in case of any issues that may arise during their stay in South Korea.

 

 

 

2. When is a Guarantee of Identity Required?

A Guarantee of Identity may be required in several specific situations, including but not limited to:

• Visa issuance or extension requests when the applicant lacks financial stability or other necessary qualifications.
• Applications for stay permits when there is a concern regarding compliance with South Korean regulations.
• Detention or deportation cases where the foreign national does not have sufficient resources to cover the expenses of deportation.

The requirement for a guarantor is determined by the South Korean Ministry of Justice, and it can vary depending on the individual’s background, nationality, and purpose of stay. The system is designed to ensure that foreign nationals in Korea can be supported if issues arise, thus protecting both the foreigner and the South Korean government from potential complications.

 

 

 

3. Responsibilities of the Guarantor

When a person agrees to be a guarantor for a foreign national, they take on several key responsibilities, as outlined in Article 90 of the Immigration Act:

• Financial Liability: The guarantor may be required to cover the costs of the foreign national’s stay, legal issues, or deportation if necessary.
• Legal Accountability: The guarantor may be held legally responsible if the foreign national violates South Korean laws or fails to comply with their visa terms.
• Provision of Bond: If deemed necessary, the Ministry of Justice may require the guarantor to provide a financial bond of up to 3 million KRW per guaranteed individual. This bond acts as a safeguard and may be used if the foreign national incurs any expenses or legal fees.

It’s essential for potential guarantors to understand that being a guarantor is not a symbolic role but comes with significant legal and financial obligations.

 

 

 

4. Qualifications of a Guarantor

According to South Korean law, a guarantor must meet specific criteria to qualify:

• Residency: The guarantor must reside in South Korea and have a verifiable address and financial stability.
• Legal Capacity: The guarantor must have the legal capacity to assume responsibility and be willing to bear the obligations associated with this role.
• Limitations on Duration: The maximum period for which a guarantor can provide assurance for a foreign national is four years.

It’s also important to note that not everyone is eligible to act as a guarantor. The Ministry of Justice may reject a guarantor application if it deems that the individual does not have sufficient resources or credibility to fulfill the role.

 

 

 

5. Additional Information and Legal Resources

If you or someone you know may require a guarantor for immigration purposes in South Korea, it’s advisable to consult with an immigration specialist or legal professional. Detailed information and legal assistance can be found through the following resources:

• HiKorea: Official Immigration Portal – This site offers resources on immigration, visa applications, and related legal issues in South Korea.
• Ministry of Justice of South Korea – For official updates, regulations, and detailed guidelines on immigration and the responsibilities of a guarantor.
• Legal consultation services – Many administrative offices in Korea offer legal consultation services for foreigners navigating South Korean immigration laws.

Understanding the requirements and responsibilities associated with the Guarantee of Identity can prevent misunderstandings and ensure a smooth immigration process. If you’re considering becoming a guarantor or require one, make sure to seek legal advice to fully understand the implications.

For further information on foreigner support and immigration in South Korea, you can reach out to administrative offices or immigration services that specialize in aiding foreigners with these complex processes.