Jung Min-ho has worked as a staff writer at The Korea Times since 2012, mostly covering social and political issues. He currently belongs to the Politics & City Desk where he covers topics such as health, labor and human rights. Prior to joining the team, he was responsible for covering North Korea and sports. His article about a biosecurity breach of Middle East respiratory syndrome won him an award from the Korea Science Journalists Association in 2016. He is also the co-author of the book, "Medical Pioneers of Korea" (2019). He served as the head of the international relations committee at the Journalists Association of Korea from 2021 to 2023.
Political activity by foreign nationals turns focus on existing law
A protester holds a sign reading "CCP OUT" during a rally against the impeachment of President Yoon Suk Yeol near the Chinese Embassy in Seoul, Feb. 27. Newsis
By Jung Min-ho
Can foreigners be deported for participating in political activities here?
Article 17 of Korea’s Immigration Act states, “No alien staying in the Republic of Korea shall engage in any political activity unless otherwise permitted by this Act or other Acts,” and, if anyone is caught violating the law, “the Minister of Justice may order the alien in writing to suspend such activity or may issue other necessary orders” such as a deportation order.
However, it turns out that the ban on political activity by noncitizens in Korea has never been enforced, according to the Ministry of Justice — at least not yet.
“No foreigners have been ordered to be deported or to stop interfering (in political matters in Korea),” its representative said in a response sent to The Korea Times on Monday.
Since the introduction of the article, last revised in 2010, it has been used by both domestic right-wing and left-wing activists as a tool to instill fear in foreigners about the potential consequences of expressing political opinions that differ from their own.
During the martial law and impeachment crisis of former President Yoon Suk Yeol, conservative rally-goers alleged that some Chinese nationals joined street gatherings of liberal protesters and made complaints to the immigration office.
This prompted the Chinese Embassy in Seoul to issue a statement warning Chinese citizens here not to participate in any political activity including expressing political opinions. Citing that law, it also warned those who violate it could be deported.
Some celebrities who opposed the impeachment of Yoon were also targeted.
John Kim (also known as JK Kim Dong-wook, a Korean-born Canadian singer) was reported to immigration authorities for violating the law by individuals who opposed his political views posted online.
Some advocates for immigrants here say the law should be revoked because it restricts the constitutional right to freedom of speech.
At a March 21 antiracism event in Korea, organized by a coalition of rights groups, a speaker accused law enforcement of weaponizing the law to target immigrant rights advocates, claiming it restricts “foreigners’ right to freedom of expression.”
But Korea is not the only country that bans noncitizens from engaging in political activities. In fact, governments around the world have restrictions on their political participation, with varying degrees of tolerance, including Taiwan, Japan, India, Indonesia and the Philippines.
Being part of organizing a protest in Beijing against Xi Jinping, China’s top leader, could well result in many years behind bars for violating its national security law. In the United States, international students have had their visas revoked recently for joining pro-Palestinian protests.
Regardless of the country, limitations on foreigners' political activities exist. This is the context for one expert's political and diplomatic reasoning.
According to Cho Jin-man, professor of politics at Duksung Women’s University, suggests there are political and diplomatic rationales for such legal restrictions.
“Koreans don’t have the right to participate in political activities in many countries, including China," he said. "Given that reciprocity is important in international relations, I am not sure whether it would be reasonable to permit it to noncitizens here. I think most citizens wouldn’t want it.”