Local Laws

CRIMINAL PENALTIES: While you are traveling in another country, you are subject to its laws. Persons violating the Republic of Korea’s laws, even unknowingly, may be expelled, arrested, or imprisoned. The ROK’s National Security Law grants authorities the power to detain, arrest, and imprison persons believed to have committed acts intended to endanger the “security of the state.” Such acts include statements deemed to praise the political system and/or officials of the DPRK. In 2015, a U.S. citizen was detained and ultimately deported for allegedly making such statements. Penalties for possessing, using, or trafficking in illegal drugs in the Republic of Korea can be severe, and convicted offenders can expect jail sentences, heavy fines, and deportation at the end of their sentence. Possession of even small amounts of marijuana or synthetic drugs such as “spice” can result in arrest and stiff penalties. U.S. citizens in the Republic of Korea have been arrested for past use of illegal drugs based on evidence from urine tests and hair sampling. ROK authorities thoroughly screen international mail for illegal items and substances and have arrested U.S. citizens for accepting international mail packages that contain illegal drugs. See also information on drugs in the section on Special Circumstances under Customs Regulations. Engaging in illicit sexual conduct or using or disseminating child pornography is a crime in the Republic of Korea, and it is also prosecutable in the United States.

Arrest notifications in host country: While some countries will automatically notify the nearest U.S. embassy or consulate if a U.S. citizen is detained or arrested in that country, others may not. To ensure that the United States is aware of your circumstances, request that the police and prison officials notify U.S. Embassy Seoul as soon as you are arrested or detained in the Republic of Korea.

SPECIAL CIRCUMSTANCES:

Special problems with dual nationality, especially relating to military service: The Republic of Korea allows dual citizenship in certain cases, with differing rules for men and women. If you believe you may have a claim to ROK citizenship, including as a dual citizen, you should inquire with ROK authorities or the nearest ROK embassy or consulate.

Some U.S. and ROK dual nationals are subject to compulsory military service. The Embassy strongly advises all persons with possible ROK citizenship who are of conscription age to consult the Korean Military Manpower Administration website

Customs Regulations: If you are traveling to or from the Republic of Korea, or just transiting the ROK, you should be aware that the Korea Customs Service (KCS) strictly enforces regulations on importing and exporting items such as firearms, ammunition, explosives, narcotics and prescription drugs (see below), non-prescription health supplements, radio equipment, and gold. KCS also restricts importation of books, drawings, video or audio recordings that are considered obscene, subversive, or in any way harmful to the public peace.

Certain prescription drugs are considered controlled substances. Visitors who plan to hand-carry, ship, or import prescription amphetamines or narcotics must apply for permission from the Narcotics Control Division, Ministry of Food and Drug Safety. Instructions for obtaining the Permit Letter can be found on the U.S. Embassy Seoul consular website health information page.

Customs regulations also apply to items mailed to and from the Republic of Korea. As a result, several U.S. citizens have been prosecuted for participation in drug smuggling via international mail.

Amphetamines are illegal in South Korea and even prescription amphetamines and other prescription narcotics will not be permitted into the country without advance permission from the Ministry of Food and Drug Safety in the form of a "bring-in permit letter." More information on how to obtain a “bring-in-permit letter” can be found on the U.S. Embassy Seoul, Health Information page.

The Republic of Korea has customs laws and regulations to prevent the spread of livestock diseases, such as bovine spongiform encephalopathy (BSE, known as "mad cow" disease), hoof-and-mouth disease, avian influenza, H1N1 (Influenza A), and others. The products which must be declared to ROK customs officials upon arrival include, but are not limited to: live animals, including dogs, cats, and pet birds; animal products, including antlers, bone, and blood meal; beef, pork, mutton, chicken meat, and processed meat products, such as sausages, ham, meat jerky, boiled meat, canned products, and boiled eggs; processed dairy products, such as milk, cheese, and butter; and processed egg products, such as egg, egg white, and egg powder. Further information is contained on the Korean Customs Regulations website.

All travelers bringing a pet to South Korea must adhere to strict pet importation requirements. For the most current information about traveling to Korea with pets, visit the website of Korea’s Animal and Plant Quarantine Agency.

Please see our information on customs regulations.

Passport Seizures, Exit Bans, and Commercial Disputes: If you become involved in a commercial dispute, the Government of the Republic of Korea may seize your passport and block your departure from the Republic of Korea. While we can reissue a passport to you upon your application, we cannot lift the ROK exit ban.

Exit Permits: Usually you do not need an exit permit to leave the Republic of Korea; however, if one parent requests the Korean Immigration Service (KIS) to place a travel restriction on his or her child, Korean authorities may prevent the child from departing even if the child is traveling with the other parent.

Working in the Republic of Korea: If you are traveling to the Republic of Korea to work, including teaching or modeling, you must enter the Republic of Korea with the appropriate work visa. If you enter Korea on another type of visa, you cannot change your status from any other visa to a work visa unless you first leave the country. If you begin work without the appropriate visa, you may be arrested, fined, and deported. If you are working without a valid work permit and get into a contractual dispute with your employer, you will have little or no legal recourse under Korean law.

Teaching English: Detailed information about obtaining a visa to teach English in Korea (E-2 Visa) is available on the U.S. embassy Seoul consular website.

The government of the Republic of Korea and/or your employer will require you to submit the results of a criminal records check and a health certificate when applying for an E-2 visa or extension. The U.S. Embassy in Seoul cannot provide criminal records checks or provide fingerprinting services; nor can the Embassy authenticate criminal records checks or health certificates. The ROK will accept only an FBI criminal records check. You should have these documents prepared before coming to Korea to teach.

We frequently receive complaints from English teachers at private language schools called hagwons. The most frequent complaints are that the schools and/or employment agencies have misrepresented salaries, working conditions, living arrangements, and other benefits, including health insurance, even when the employee has a written contract. There have also been some complaints of physical assault, threats of arrest/deportation, and sexual harassment. Some U.S.-based employment agencies have misrepresented contract terms, employment conditions, or the need for an appropriate work visa. In recent years, ROK police have investigated a number of foreign teachers for document fraud. Several U.S. citizens have been arrested and charged with possession of fraudulent university diplomas that were used to obtain employment in the Republic of Korea. English teachers have also been investigated for possession and use of illicit drugs. Please see our comprehensive website section on "Teaching English in Korea” for the most current information.

LGBT RIGHTS: Consensual same-sex sexual activity is not criminalized or specifically mentioned in Korea’s Constitution or civil penal code. Same-sex activity between military service members, however, is punishable under the Military’s Penal Code. Same-sex marriages or relationships are not legally recognized. South Korean citizens can legally change their gender identity.

The Republic of Korea remains a conservative country in regards to LGBT issues. The LGBT community and awareness of LGBT issues, however, are becoming more visible, particularly in Seoul. Korea has an increasing number of LGBT-oriented clubs, festivals and non-governmental organizations that advocate for LGBT issues. The ROK National Human Rights Commission Act prohibits discrimination against individuals on the basis of sexual orientation. There are no laws, however, specifying punishment for persons found to have discriminated against LGBT persons and societal discrimination exists against LGBT persons and persons with HIV/AIDS.

For more detailed information about LGBT rights in the Republic of Korea, you may review the State Department’s Country Reports on Human Rights Practices for 2013. For further information on Lesbian, Gay, Bisexual and Transgender (LGBT) travel, please read our Information for LGBT Travelers page.

ACCESSIBILITY: While in the Republic of Korea, individuals with disabilities may find accessibility and accommodation very different from in the United States. Korean law mandates access to transportation, communication, and public buildings for persons with disabilities, but individuals with physical disabilities may find less accessibility than in the United States.

Metro (subway) cars and buses in Seoul offer priority seating for the disabled. Most metro stations have escalators and elevators. Metro platforms include Braille information only in Korean. Travelers are encouraged to contact individual bus companies and subway associations for more information. Cross walks typically have audio and visual signals. Older buildings and streets are generally less accessible to individuals with disabilities. 

U.S. citizens who possess ROK alien registration cards can contact their local ward office for information on assistance for individuals with disabilities that may be available to them. The assistance provided may vary by ward.