Taking Your Passport or Alien Registration Card Is Illegal

When does this apply?

• The company took your passport when you started work and put it in a safe.
• The company said it will keep your registration card "in case you run away."
• The company lent you money and took your passport as a guarantee.
• A dormitory manager or a broker is keeping your passport.
• It is also a problem if the company keeps your bankbook and personal seal (도장). As a rule, you should get your wages directly into a bank account in your own name.

What does the law ban?

Article 33-3, Item 1 of the 출입국관리법 bans the following:

Taking a foreigner's passport or alien registration card as a guarantee for a job contract or for paying a debt, or forcing or arranging someone to hand it over for that purpose

• This article used to be Article 33-2. Now it is Article 33-3. The content is the same.
• Anyone who breaks it can get up to 3 years in prison or a fine of up to 3천만원 under Article 94, Item 19 of the 출입국관리법.
• Even if the company says "the worker agreed," it can still be illegal if you handed it over because of your job or a debt.

Steps (getting it back)

1. First, ask in person. Say politely, "Please give back my passport and registration card."
2. Ask in writing. Send a text message or KakaoTalk message: "Please return the passport and alien registration card I gave you on (month) (day)." Do not delete the replies. Keep them.
3. Collect evidence.
   • If a safekeeping note or your contract says the company keeps your passport, take a photo of it.
   • If you can see your passport in the company safe or office, take a photo.
   • Write down who took it, when, and where, with dates.
   • If coworkers are in the same situation, write down their names.
4. Call for advice. If you call 1345, an interpreter will help you. Explain your situation and get guidance.
5. Report it. Report to your local 출입국·외국인관서. You can also tell the 고용센터 and the 고용노동부 (Ministry of Employment and Labor) at 1350.
6. If you are in danger, call 112 (police). If they do not give it back and stop you from leaving, this can be illegal confinement (holding you against your will).

Problems if you do not have your registration card

• You can be punished. Article 27 of the 출입국관리법 says you must always carry your passport or alien registration card. If an official asks to see it and you do not have it, you can get a fine of up to 100만원.
• Bank: You cannot open an account, send money home, or get a card.
• Hospital: It is hard to check your health insurance, so you may pay more for treatment.
• Mobile phone: You cannot open a new phone line or change the name on a line.
• Paperwork: You cannot extend your visa, change workplace, or report a change of address on time.
• Emergencies: If you have an accident or get sick, it takes longer to check who you are.

Can I change workplace?

• Taking your passport or registration card is clearly illegal. However, it needs to be checked whether confiscation itself is listed as a reason in the 고용노동부 notice "Reasons for workplace change that are not the foreign worker's fault" (외국인근로자의 책임이 아닌 사업장변경 사유). Ask the 고용센터 or 1345. (Official confirmation needed)
• If there are other reasons together with the confiscation, such as unpaid wages, contract violations, or violence, you can apply for a workplace change for those reasons. Reasons that are the employer's fault do not count toward your number of workplace changes.
• Apply at the 고용센터 within 1 month after your work contract ends.

Be careful

• Do not hand over your passport yourself. If you are worried about losing it, keep it yourself and keep copies and photos separately.
• Take photos of your passport photo page and both sides of your alien registration card, and email them to yourself. This helps when you need a new one.
• If a broker asks for your passport and says "I will help you find a job," do not give it. Arranging this is also punishable.
• If you lose your passport, apply for a new one at your country's embassy. If you lose your alien registration card, apply for a new one at the 출입국·외국인관서.
• When you leave the company, take all of these with you: passport, registration card, bankbook, personal seal (도장), and a copy of your 근로계약서 (employment contract).

Frequently asked questions

Q. The company says it is "keeping it safe for me." A. Whatever the reason, it is illegal to force you to hand it over because of your job or a debt. If you do not want to, you do not have to give it.

Q. I already gave it, and they will not give it back. A. Ask for it back by text message so there is a record. Then report to 1345 and your local 출입국·외국인관서.

Q. Will I get in trouble if I report it? A. The employer is the one who broke the law. If you are worried, call 1345 or 1577-0071 for advice before you report.

Q. Is it OK to give the company only a copy? A. The company may need a copy to report your employment and insurance. You can give a copy, but you should keep the original yourself.

Where to get help

• Immigration Contact Center (외국인종합안내센터) 1345 (many languages)
• Your local 출입국·외국인관서 (search on 하이코리아 (HiKorea), www.hikorea.go.kr)
• 고용노동부 Customer Center 1350, Labor Portal labor.moel.go.kr
• Foreign Workers Counseling Center (외국인력상담센터) 1577-0071 (many languages including Nepali, 365 days a year 09:00~18:00, staff on duty on Saturdays and public holidays)
• Emergency 112