Article 18-4 (Standards and Scope of Requirements for Acquisition of Permanent Resident Status, etc.)

The standards and scope of requirements that a person who intends to acquire permanent resident status under Article 10, subparagraph 2 of the Act (hereinafter referred to as "permanent resident status") shall meet, pursuant to the respective subparagraphs of Article 10-3, paragraph 2 of the Act, are as follows. <Amended by Presidential Decree No. 33044, Apr. 12, 2022> 1. Article 10-3, paragraph 2, subparagraph 1 of the Act: Shall not be a person falling under any of the following. a. A person who has been sentenced to imprisonment without prison labor or to a heavier punishment for violating the Act or other laws and for whom 5 years have not elapsed since the date the execution of the sentence was completed or exempted. b. A person who has been sentenced to a suspended sentence of imprisonment without prison labor or to a heavier punishment for violating the Act or other laws, and for whom 5 years have not elapsed since the date the judgment became final and conclusive. c. A person who has been sentenced to a fine for violating the Act or other laws, and for whom 3 years have not elapsed since the date the fine was paid. d. A person for whom 5 years have not elapsed since the date of violation of Article 7, paragraph 1 or 4 of the Act. e. A person who has violated the Act 3 or more times in the 5 years immediately preceding the date of application. In this case, persons who have received a disposition of a fine are excluded. f. A person who has been issued an order for compulsory departure under Article 59, paragraph 2 of the Act and for whom 7 years have not elapsed since the date of departure. g. A person who has been issued an order for departure under Article 68 of the Act and for whom 5 years have not elapsed since the date of departure. h. Any other person who falls under reasons equivalent to those in subparagraphs a through g, as separately determined by the Minister of Justice. 2. Article 10-3, paragraph 2, subparagraph 2 of the Act: A person whom the Minister of Justice recognizes as not having a negative impact on national finances through their stay, such as when the total income of the person and their jointly residing family members is equal to or higher than the per capita gross national income (GNI) of the previous year as announced by the Bank of Korea, or when household assets are at or above the median level. 3. Article 10-3, paragraph 2, subparagraph 3 of the Act: A person who has completed the social integration program under Article 39, paragraph 1 of the Act, or who has obtained a score of 60 or higher out of 100 points in the comprehensive evaluation under Article 48, paragraph 2, subparagraph 3 of the Enforcement Decree.