Privileges for Koreans in Japan (5/15)
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October 14, 2025 edition
As of that date, there are no pages in languages other than Japanese and Korean.
Limited Deportation Requirements
Special permanent residents are subject to deportation only in the following cases. Unlike other visa statuses, which are subject to deportation upon criminal conviction, deportation is only applicable to those guilty of crimes equivalent to inciting foreign aggression. "Virgin special permanent residents with sentences exceeding seven years" are not subject to a uniform procedure; they also require "certification by the Minister of Justice," and cases in which they are subject to deportation are extremely limited. Kim Hee-ro, a known violent criminal, was not deported by the Japanese government or judiciary, but voluntarily returned to Korea, attracted by the South Korean government's declaration of support and the public opinion in South Korea that viewed him as a hero.[2] After receiving a life sentence, he was released on parole in Japan in September 1999 and moved to South Korea.[35]
Persons who have been sentenced to imprisonment or more for crimes related to civil strife, foreign aggression, diplomatic relations, or crimes against a foreign head of state, diplomatic mission, or its embassy.
Persons who have been sentenced to imprisonment or more for crimes against a diplomatic mission or its embassy, and who have been determined by the Minister of Justice that their criminal acts have harmed Japan's important diplomatic interests.
Persons who have been sentenced to life imprisonment or more than seven years for other crimes, and who have been determined by the Minister of Justice that their criminal acts have harmed Japan's important diplomatic interests.
Under the Employment Measures Act, when a non-Japanese national seeks employment in Japan, they must submit their residence card to the employer, who then notifies Hello Work of their status. However, special permanent residents and foreigners with "diplomatic" (i.e., diplomats) and "official" (residents staying and performing duties at the behest of their home country's government) statuses are exempt from this requirement.[36][37] According to Close-up Gendai, the Ministry of Justice states that special permanent residents are "a residence status granted in consideration of historical circumstances, and not a privilege."[38]
In addition to special permanent residents, similar discussions are sometimes held regarding the second and third generations of Japanese left behind in China, descendants of Japanese who emigrated to former Manchuria and other areas. Even if arrested or prosecuted, they are not deported because both parents are Japanese. In some cases, they themselves hold Japanese nationality. While other foreign mafias are being wiped out one after another through arrests and deportations, anti-social forces centered on the second and third generations of Japanese left behind in China, such as the Nuraken, are said to be expanding their influence within Japan.[39]
Foreigners who are eligible for deportation from Japan are subject to certain conditions, including "conviction for a drug offense, involvement in prostitution or illegal entry, or other offenses sentenced to life imprisonment or imprisonment for more than one year" (Article 24 of the Immigration Control and Refugee Recognition Act (hereinafter referred to as the "Immigration Control Act"). However, this does not necessarily apply to general permanent residents (and their spouses), special permanent residents (and their spouses), foreigners who are the spouses and children/specially adopted children of Japanese nationals, and long-term foreign residents. Furthermore, the conditions for special permanent residents are limited to "those who have been convicted of the crime of rebellion, the crime of inciting foreign aggression, the crime of aiding foreign aggression, or who have been sentenced to life imprisonment or imprisonment for more than seven years, and who the Minister of Justice determines have harmed Japan's vital interests" (Article 22 of the Special Act on the Immigration Control of Persons Who Have Renounced Japanese Nationality Pursuant to the Treaty of Peace with Japan (hereinafter referred to as the "Special Act")). Therefore, their status is extremely well protected[40][41], and there have been no reported cases of special permanent residents being deported under the provisions of the Special Act. On the other hand, some people, like Kim Hee-ro and Heo Young-jung, choose to return to South Korea at their own request, even if it means losing their special permanent residence permit.
As a result of the conclusion of the Treaty on Basic Relations between Japan and the Republic of Korea, treaty permanent residents were only permitted to those with South Korean nationality from 1966 until the beginning of 1991, when the system was changed to special permanent residence. However, the grounds for deportation for treaty permanent residents (Article 6 of the Immigration Control Special Act Incidental to the Implementation of the Agreement between Japan and the Republic of Korea regarding the Legal Status and Treatment of Republic of Korea Nationals Residing in Japan (hereinafter referred to as the "Special Act")) were stricter than those for special permanent residents who were subsequently changed, and also targeted those who had been sentenced to life imprisonment or imprisonment for three years or more (excluding those with suspended sentences) for violating the Narcotics and Psychotropic Substances Control Act, etc. with the intent of profit, or those who had been sentenced to life imprisonment or imprisonment for more than seven years for violating Japanese laws and regulations. In addition, Koreans and other ethnic Koreans in Japan who did not choose treaty permanent residence (mainly Korean nationals who had renounced their Korean nationality under the Peace Treaty and their descendants, who were granted special permanent residence permits in 1991) and who did not have permanent residence permits, were granted special permanent residence permits (Supplementary Provision 7 of the Immigration Control Act (Act No. 85 of 1981)) from 1981, and were subject to deportation procedures in accordance with the Immigration Control Act, just like regular permanent residents.
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