Staying past your permitted date, working without the right status, or skipping a required report are all offences under Korea’s Immigration Act. Most first cases end with a fine (범칙금 or 과태료) and, for serious ones, an order to leave. Long overstays and illegal work can lead to detention, deportation (강제퇴거) and a ban on coming back. The earlier you deal with a problem, the smaller it usually is.
Key facts
| Overstay | Up to 3 years in prison or ₩30 million (art. 94); standard fines from ₩500,000 |
| Work without a work status | Same maximum; standard fines from ₩2 million |
| Late registration, address, passport reports | Smaller fines; see Foreign Resident Registration |
| Possible outcomes | Fine only; departure recommendation; departure order; deportation order |
| Detention | Foreigners being deported can be held in an immigration detention facility (외국인보호소) |
| Help | 1345 (20 languages); free legal help |
How fines work
Most immigration crimes are first handled by the immigration office, not a court. You receive a fine notice (통고처분) with a standard amount set in the Enforcement Rule. If you pay it, the criminal case usually ends there. If you do not pay, the office can send the case for prosecution.
The office may raise or lower the standard amount by up to half, based on your age, situation, motive, ability to pay and earlier violations. In some cases the fine can be waived.
Standard fines for overstaying (체류기간 초과)
| Length of overstay | Standard fine |
|---|---|
| Less than 1 month | ₩500,000 |
| 1 to 3 months | ₩1,000,000 |
| 3 to 6 months | ₩2,000,000 |
| 6 months to 1 year | ₩5,000,000 |
| 1 to 2 years | ₩10,000,000 |
| 2 to 3 years | ₩15,000,000 |
| 3 to 5 years | ₩20,000,000 |
| 5 to 7 years | ₩25,000,000 |
| 7 years or more | ₩30,000,000 |
Standard fines for working without permission
| Violation | First bracket | Top bracket |
|---|---|---|
| Working without any work status (art. 18) | ₩2 million (under 1 month) | ₩30 million (7 years or more) |
| Working at an unauthorized workplace | ₩1 million (under 3 months) | ₩10 million (2 years or more) |
| Activity outside your status without a permit | ₩2 million (under 1 month) | ₩30 million (7 years or more) |
Employers who hire people without a work status face up to 3 years in prison or ₩30 million as well.
Lina's D-4 stay ended on 10 March. Her extension paperwork was late and she applied on 25 March, 15 days over.
Expect a standard fine of ₩500,000 for an overstay of under a month. The office decides whether to allow the extension or to ask her to leave.
Ways you can be asked to leave
- Departure recommendation (출국권고): for minor violations. You are asked to leave by a set date.
- Departure order (출국명령): you leave at your own cost by a deadline. The office can attach conditions and ask for a bond of up to ₩20 million, refunded when you leave. Missing the deadline leads to a deportation order.
- Deportation order (강제퇴거명령): for serious cases, such as long overstays, illegal work, some crimes, or ignoring a departure order. You may be held in a detention facility until removal.
Each outcome can come with an entry ban (입국금지) or restrictions on future visas. How long depends on the violation, its length and how you left. Leaving voluntarily and on time is usually treated far more leniently than being caught and deported.
Voluntary departure
If you are overstaying, the usual route is to report to an immigration office (or, where allowed, at the departure airport) before you fly, settle any fine, and leave. The Ministry of Justice sometimes runs special voluntary departure programs. The most recent one ran from 1 December 2025 to 28 February 2026 and waived fines and postponed entry restrictions for people who reported and left. It has ended. Ask 1345 whether a new program is running before you plan.
Before leaving, collect what you are owed. Undocumented workers still have the right to unpaid wages and severance, and labor inspectors investigating unpaid wages do not have to report your status. See [Unpaid Wages](/legal/unpaid-wages-labor-complaint/).
Victims and the duty to report
Public officials who find someone without legal status must normally notify immigration (art. 84). Exceptions cover officials investigating serious crimes such as assault, sexual crimes, fraud and human trafficking, labor inspectors investigating unpaid wages, and the National Human Rights Commission. See Dealing with the Police.
Avoiding problems
- Check your permitted date on HiKorea, not your visa sticker.
- Apply for an extension up to 4 months before expiry. See our extension guide.
- Get permission before changing jobs or doing a second job. See Changing Your Visa Status Inside Korea.
- Keep receipts of every application.
Common questions
I overstayed by two days. Is that serious?
It is still an offence, but short overstays usually end with a fine at the lower end of the scale. Go to immigration or call 1345 right away rather than waiting.
Can a fine stop my next visa?
It can. Immigration looks at your record when deciding extensions, status changes and permanent residence, and repeat violations raise fines.
Can I appeal a deportation order?
You can raise an objection with the Ministry of Justice and, in some cases, go to court. Deadlines are short, so get a lawyer quickly through the free legal help services.
Official sources
This guide explains the general rules as of the date above. Rules change and every case is different, so confirm with the office named here (or the 1345 Immigration Contact Center) before an important decision. Spotted something out of date? Tell us.