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

The criteria and scope of requirements that a person wishing to obtain permanent resident status under Article 10, subparagraph 2 of the Act shall meet, pursuant to the subparagraphs of Article 10-3, paragraph 2 of the Act (hereinafter referred to as "permanent resident status"), shall be as follows. <Amended on Apr. 12, 2022> 1. Article 10-3, paragraph 2, subparagraph 1 of the Act: A person who does not fall under any of the following categories a. A person who has been sentenced to imprisonment without prison labor or 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 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, or Article 12, paragraph 1 or 2 of the Act. e. A person who has violated the Act three or more times within the five years preceding the date of application. In this case, persons who have received a disposition of a penalty shall be excluded. f. A person who has been subject to a deportation order 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 subject to an order to depart under Article 68 of the Act, and for whom 5 years have not elapsed since the date of departure. h. A person who falls under grounds equivalent to the categories from a to g, and who is separately determined by the Minister of Justice. 2. Article 10-3, paragraph 2, subparagraph 2 of the Act: A person who is recognized by the Minister of Justice as not having a negative impact on national finances through their stay, such as where the sum of the income of the person and their jointly living family members is equal to or higher than the per capita Gross National Income (GNI) of the previous year announced by the Bank of Korea, or where 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 60 or more points out of 100 in the comprehensive evaluation under Article 48, paragraph 2, subparagraph 3 of the Enforcement Decree.