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Laws in South Korea for Foreigners

As of January 2021, all foreigners coming to Korea must have a negative PCR test declaration. The PCR test must not be performed more than 72 hours before the passenger`s scheduled departure. People without a negative test report will be denied entry to Korea. If you break the laws of another country, you are subject to that country`s judicial system. Being a foreigner or not knowing local laws is no excuse. Global Affairs Canada cannot protect you from the consequences of your actions or override the decisions of local authorities. The criminal justice systems of South Korea and Canada differ considerably. This can increase the stress and practical problems that arise from arrest and detention in South Korea. Please note, for example, that in South Korea: The Korean Immigration Department may assume authority over a foreigner who has been convicted of violating South Korean law.

If you are released on parole, the Korean Immigration Department can arrest you and will usually deport foreigners who have been convicted of a felony or serious crime. You should ask your lawyer to explain which deportation options may apply to your situation. Under the Convention, South Korean authorities are also required to forward any communication you send to a consular post. For example, if you write a letter to the Embassy of Canada or any other Canadian consulate in South Korea, that letter must be delivered. This is consistent with your rights to communicate with a consular officer and to have access to a consular officer. These rights must be exercised in accordance with the laws and regulations of South Korea. The double taxation treaty provides for the allocation of taxing rights between the two countries and the granting of an exemption from double taxation in respect of income and capital gains that may be taxed in both countries under the laws of both countries. A serious violation of local laws may result in imprisonment or death.

South Korean criminal law applies to both South Korean citizens and foreigners who commit crimes on South Korean territory. Since foreigners generally do not have permanent residence in South Korea, investigative authorities detain or detain them throughout the investigation and trial process to prevent them from leaving the country, especially in cases of serious crimes or crimes for which prosecutors expect a prison sentence. Permanent residents of South Korea cannot be detained pending investigation, as manipulation of evidence and evasion of prosecution are less likely. Call 112 for the police (interpretation is available during working hours) and 119 for ambulances and firefighters. The Korean National Police operates a central interpretation center where foreigners can report crimes (up to 112). Although bail is not usual in the South Korean legal system, you have the right to apply for it. Bail is rarely granted to persons accused of serious crimes or foreigners accused of crimes. The deposit against deposit is usually paid only in cash. The amount is determined by the court. You should ask your lawyer how the deposit can be applied to your situation. Exit permits: Exit permits are generally not required.

However, if one parent requests a travel restriction for their child, the Korean authorities may prevent that child from leaving the country even if they are travelling with the other parent. As of June 1, 2020, foreigners who are long-term residents of the Republic of Korea must obtain a re-entry permit four working days prior to departure from Korea. Permits are available online via an electronic application on the website www.hikorea.go.kr. Some Korean taxi drivers are sometimes reluctant to take foreigners, and this reluctance can be more pronounced at night or in bad weather. If there is often a lot of traffic, you should seek advice on travel times. Road conditions and safety: Roads are well paved, traffic lights are working, and most drivers follow basic traffic rules. South Korea has a significantly higher road fatality rate than the United States. The causes of accidents are excessive speed, frequent lane changes without signage, red lights, aggressive bus drivers and motorcyclists weaving. It is recommended to document traffic accidents in photographic form.

LGBTI travellers: Consensual same-sex sexual activity will not be criminalized. Korea is a conservative country when it comes to LGBTI issues. However, there are more and more LGBTI associations, festivals and NGOs working on LGBTI issues. The Act of the National Human Rights Commission of the Republic of Korea prohibits discrimination against persons on the basis of their sexual orientation, but there is no law providing for sanctions against persons discriminated against on this ground. Same-sex marriages are not recognized. Korean citizens can legally change their gender identity. Remember that local laws apply to you as a visitor and it is your responsibility to comply with them. Be sensitive to local customs, traditions and practices, as your behavior may be considered inappropriate, hostile or even illegal. The summer rainy season lasts from late June to mid-July.

Tensions on the Korean Peninsula, caused by North Korea`s long-range missile launches and nuclear tests in 2017, have eased significantly, especially after the inter-Korean and US-North Korean summits in 2018 and 2019.

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