Civil petitions & documents

Checking an Entry Ban After Deportation or Overstay — Information Disclosure Request by an Agent, 10 Days or Up to 20 Days if Extended

A foreigner with a deportation or overstay record who wants to come back to Korea should first confirm whether an entry restriction (entry ban) by the Ministry of Justice remains. Article 11(1)6 of the Immigration Act makes a person who left Korea after a deportation order and for whom 5 years have not passed subject to an entry ban, and other grounds are decided by the Minister of Justice under the other items of the same paragraph. Because it is information about the person, an agent with a letter of authorization can confirm it through an information disclosure request or a personal information access request, and the public agency decides within 10 days of receiving the request, extendable by up to 10 days if unavoidable. If disclosure is refused, or no decision is made within 20 days, an objection can be filed within 30 days.

Procedure

  1. 1. Organize the departure history and the scope of the request

    Organize how and when the person left Korea (deportation, departure order or voluntary departure) and the passport number used then and the current one. Narrow the request to the result, such as whether the person is currently subject to an entry restriction. Requesting the full reasons for deportation or the investigation file may lead to non-disclosure as information related to investigations or trials or as other people's personal information.

  2. 2. Choose the request route

    Under the Official Information Disclosure Act, foreigners who may request disclosure are limited to people residing in Korea with an address or staying temporarily for academic research, and corporations or organizations with an office in Korea (Enforcement Decree, Article 3). For information about a person abroad, also consider an access request under Article 35 of the Personal Information Protection Act, which an agent can also make and which must be answered within 10 days. The request form and letter of authorization differ depending on the route.

  3. 3. Prepare the letter of authorization and identity documents

    For an agent to receive the information, the information disclosure letter of authorization prescribed by Ordinance of the Ministry of the Interior and Safety, the agent's identification, and a copy of the requester's identification are required (Enforcement Decree, Article 15(2)3). A foreign requester uses a passport copy, and having a letter of authorization signed abroad apostilled or consular-legalized helps prepare for requests to verify the signature.

  4. 4. Submit the request and track the decision period

    The information disclosure request is submitted to the Ministry of Justice in person, by mail, by fax or through an information network (Enforcement Decree, Article 6(1)). The agency must decide on disclosure within 10 days of receiving the request, and if there is an unavoidable reason it may extend the period by up to 10 days from the day after it ends, notifying the extension and reason in writing. When the decision arrives, check the scope of disclosure and whether an entry restriction exists.

  5. 5. Objection and preparing to re-enter based on the result

    If the requester disagrees with a non-disclosure or partial disclosure decision, or no decision is made within 20 days of the request, a written objection can be filed within 30 days from receiving the notice or from the day 20 days have passed, and the agency decides within 7 days. If an entry restriction remains, set the time to reapply based on its ground and period. Even without a restriction, the visa and entry inspection are reviewed separately, so prepare materials explaining the past violation and the current purpose of the visit separately.

Required documents

  • Information disclosure request form (Enforcement Rules of the Official Information Disclosure Act, Form No. 1-2), or a personal information access request form for the personal information route
  • Information disclosure letter of authorization (Form No. 8 of the same Rules)
  • Copy of the requester's passport (and copies or numbers of earlier passports if different)
  • Agent's identification
  • Apostille or consular legalization of a letter of authorization signed abroad (in case of supplementation requests)
  • Copies of departure-related documents such as a deportation order or departure order (if available)
  • Objection form against information disclosure decisions (Form No. 9 of the same Rules, when contesting a non-disclosure decision)

Fees

Industry range is tens of thousands to several hundred thousand won · we provide a quote after consultation based on the request route (information disclosure or personal information access), whether a letter of authorization must be prepared abroad and whether an objection is needed. Government fees are separate.

Legal basis and review date

  • Official Information Disclosure Act, Article 5
  • Official Information Disclosure Act, Article 9
  • Official Information Disclosure Act, Article 10
  • Official Information Disclosure Act, Article 11
  • Official Information Disclosure Act, Article 18
  • Enforcement Decree of the Official Information Disclosure Act, Article 3
  • Enforcement Decree of the Official Information Disclosure Act, Article 6
  • Enforcement Decree of the Official Information Disclosure Act, Article 15
  • Enforcement Rules of the Official Information Disclosure Act, Articles 2, 6 and 8
  • Immigration Act, Article 11
  • Immigration Act, Article 12
  • Enforcement Decree of the Immigration Act, Article 14
  • Personal Information Protection Act, Article 35
  • Personal Information Protection Act, Article 38
  • Enforcement Decree of the Personal Information Protection Act, Article 41
  • Enforcement Decree of the Personal Information Protection Act, Article 45

Checked against the statutes on

Statutes and public notices change, so each case needs to be checked individually. Statute titles are given in English for reference. The Korean statutes are the authoritative text.

Check these first

  • Even after confirming there is no entry restriction or that it has ended, entry inspection separately reviews whether the visa is valid and whether the purpose of entry matches the status of stay (Immigration Act, Article 12(3)), so prepare objective materials explaining the past violation and the current purpose separately.
  • The 30-day objection deadline runs from the day the decision notice is received or the day 20 days have passed after the request, so keep a record of the request date and the date the notice was received.

Frequently asked questions

How can I check whether I am banned from entering Korea?
Confirm it with a written request for information about yourself. You can request disclosure from the Ministry of Justice or request access to your own personal information under Article 35 of the Personal Information Protection Act, and in both cases an agent with a letter of authorization can file it. A decision or access notice is in principle received within 10 days.
How many years is entry banned after deportation?
The period written in the law is for a person who left after a deportation order and for whom 5 years have not passed (Immigration Act, Article 11(1)6). Separately, people who may harm public safety or social order, among others, can be banned under other items of the same paragraph, so whether a restriction actually applies and for how long is most accurately confirmed by a request for each person.
How long does an information disclosure request about an entry ban take?
A decision is made within 10 days of receiving the request. If there is an unavoidable reason it can be extended by up to 10 days, so it can take as long as 20 days, and the agency must notify the extension and its reason in writing (Official Information Disclosure Act, Article 11).
Can someone in Korea file the request on behalf of a foreigner abroad?
Yes, with conditions. Article 15 of the Enforcement Decree of the Official Information Disclosure Act allows a voluntary agent with a letter of authorization and a copy of the requester's identification to receive disclosure, and Article 38 of the Personal Information Protection Act also allows access requests by an authorized agent. Because foreign requesters under the Official Information Disclosure Act are limited to residents in Korea and similar persons, decide first which route to use for someone living abroad.
What can I do if the entry ban information is not disclosed?
You can file a written objection with that agency within 30 days of receiving the decision notice. The agency decides within 7 days of receiving the objection and may extend by up to 7 days if unavoidable. Also consider making a new request narrowed to whether you are currently subject to an entry restriction.
Does an administrative agent handle information disclosure requests to check an entry ban?
Yes. Hwang Yunsang Administrative Office organizes the departure history to set the scope of the request, prepares the information disclosure request, the letter of authorization and, if needed, the personal information access request, and submits them on the requester's behalf. If disclosure is refused we prepare the objection, and when preparing to re-enter we also prepare a statement that separates the past violation from the current purpose of the visit.

Contact us

Hwang Yunsang Administrative Office in Songdo, Incheon prepares and submits administrative documents and explains the procedure. If your situation is similar, send us a message.

📍 2697, 26F POSCO Tower-Songdo, 165 Convensia-daero, Yeonsu-gu, Incheon, Republic of Korea · 📞 010-3374-2687 · 🌐 hwangadmin.com

This guide is general information based on public sources. Requirements, documents and deadlines differ by case and by the competent agency, so please confirm them before you proceed.