Refused stay extensions, departure and deportation orders, police questioning, unpaid wages, divorce and deposit disputes. We look at how one case can affect your stay in Korea, and you can consult with us in English.
For foreigners living in Korea, a legal problem often does not end with the problem itself. A single fine can count against you when you apply to extend your stay. The moment you quit your job, you need to work out how much time is left on your stay. During a divorce lawsuit, the first worry is what happens to your status of stay. The Jisan Law Foreigner Center does not look at the case and your stay separately. We advise on both together.
This is especially true for criminal cases. If you are sentenced to imprisonment without labor or a heavier sentence (금고 이상의 형) and then released, you may become subject to deportation. Even a fine can be grounds for cancelling your stay permit if the violation is serious (Immigration Act Articles 46 and 89). Cases that end in a suspended indictment (기소유예) or a decision not to refer the case to prosecutors (불송치) still remain in investigation history records (수사경력자료), and these can be checked when needed for a foreigner's stay or naturalization permit (Act on the Lapse of Criminal Sentences, Article 6). That is why you need to consider what each possible outcome means for your stay from the investigation stage onward.
Deadlines in foreigner cases are also short. If your extension of stay is refused, the notice will in principle state a departure deadline within 14 days of its issue date. An objection to a deportation order must be filed within 7 days of receiving the order. Filing an administrative appeal or an administrative lawsuit does not suspend the decision, so if a departure deadline applies, you must also apply for a stay of execution (집행정지).
Consultations are available in English. Rather than simple application paperwork, we take on disputed cases such as refusals, cancellations and deportation, handling objections, administrative appeals and administrative lawsuits, as well as the related criminal, labor and family cases. You can send us a message through the chat on this page at any time, including weekends and public holidays.
Refusal of extension of stay or change of status of stay
Cancellation or change of stay permit
Cancellation of permanent residency (F-5)
Departure order (출국명령)
| Decision or situation | How to challenge it | Deadline | Legal basis |
|---|---|---|---|
| Refusal of extension of stay or change of status of stay | Reapply, administrative appeal or administrative lawsuit (with an application for a stay of execution if needed) | 90 days from the day you learned of the decision. The departure deadline on the notice is set within 14 days of the issue date | Enforcement Decree of the Immigration Act Article 33; Administrative Appeals Act Article 27; Administrative Litigation Act Article 20 |
| Cancellation or change of stay permit | Appear and state your opinion; after the decision, administrative appeal or administrative lawsuit | Notice to appear must be given at least 7 days before the hearing date. After the decision, 90 days from the day you learned of it | Immigration Act Article 89 |
| Cancellation of permanent residency (F-5) | State your opinion, apply for a general status of stay, administrative appeal or administrative lawsuit | 90 days from the day you learned of the decision | Immigration Act Article 89-2 |
| Departure order (출국명령) | Administrative appeal or administrative lawsuit, with a stay of execution | The departure deadline is set within 30 days of the issue date. Lawsuits: 90 days from the day you learned of the decision | Immigration Act Article 68; Enforcement Rules Article 65 |
| Deportation order (강제퇴거명령) | Objection to the Minister of Justice; administrative lawsuit with a stay of execution | Objection: 7 days from the day you received the order. Lawsuit: 90 days from the day you learned of it | Immigration Act Article 60; Administrative Litigation Act Article 20 |
| Detention in an immigration detention center (외국인보호소) | Request for review by the Immigration Detention Committee; application for temporary release from detention | The Committee decides within 3 weeks of receiving the documents (can be extended once by up to 2 weeks) | Immigration Act Articles 55 and 65; Enforcement Decree Articles 70 and 79-2 |
| Immigration violation review (notice to pay an immigration fine, 범칙금 통고처분) | Pay the fine or dispute the violation; any later departure or deportation order is challenged through its own procedure | If not paid within 15 days of receiving the notice, the case is referred for prosecution | Immigration Act Articles 102 and 105, Article 68(1)(5) |
| Exit ban during an investigation or trial (출국정지) | Objection to the Minister of Justice | 10 days from the day you received the notice or learned of it | Immigration Act Articles 29 and 4-5 |
| Refusal of naturalization | Reapply or file an administrative lawsuit | 90 days from the day you learned of the decision | Nationality Act Article 4; Administrative Litigation Act Article 20 |
Based on laws in force as of October 2026. Unless there is a justifiable reason, an administrative appeal cannot be filed after 180 days, and an administrative lawsuit after 1 year, from the date of the decision. Filing an appeal or lawsuit does not suspend the decision, so if you have a departure deadline, you must also apply for a stay of execution (Administrative Appeals Act Article 30; Administrative Litigation Act Article 23).
We start with the dates on your documents
We first check the departure deadline on the refusal notice, the date you received the deportation order, and the expiry date of your current period of stay. These dates decide which procedures are available.
Criminal outcomes carry over to immigration review
If you are sentenced to imprisonment without labor or a heavier sentence and then released, you may become subject to deportation. Even a fine counts against you in extension, change of status, permanent residency and naturalization reviews. Even if the case ends in a suspended indictment or a decision not to refer it to prosecutors, investigation history records remain. Reducing the outcome at the investigation stage is also a way to protect your stay.
Do not sign documents you do not understand
Statement records and immigration documents are written in Korean. You can ask for the contents to be read back to you through an interpreter, and you should ask for anything that differs from what you said to be corrected before you sign.
The decision stays in effect while you challenge it
Filing an administrative appeal or lawsuit does not stop the departure deadline. You must apply for a stay of execution before the deadline and get a decision in order to remain in Korea while you challenge it.
What happens at each stage, and how we respond.
For foreign suspects, procedures such as interpretation and consular notification are added, and the outcome carries over to immigration review. Here are the steps in order, from the request to appear to the immigration procedures.
Managing Partner Hansol Kim personally hears the allegations and the details of the request to appear, and checks your status of stay and its expiry date using your passport and residence card (외국인등록증). Consultations are available in English.
· If you get advice before setting the date to appear, we can arrange the interpreter and our attendance at the same time.
If this is your first time dealing with this, start here. Each guide explains what to do first.
JISAN LAW has 7 lawyers. The lawyers below handle these cases directly, and colleagues in other fields join when a case requires it.
Hansol Kim Managing Partner
Former prosecutor (Incheon, Ansan, Hongseong) · University of Toronto
Miso Kim Partner
Studied English interpretation and translation (Hankuk University of Foreign Studies) · Former in-house counsel, Wemade
2026.01.11Criminal
Foreigners go through immigration procedures separately from the criminal process. This article sets out the standards for deportation depending on the type of sentence, and the issues that remain when a case ends with a fine or a suspended indictment.
Hansol Kim Managing Partner2026.04.06Criminal
It is easy to think that once you file a complaint, the police will work everything out. This article covers where a victim's statement tends to waver in a complainant interview and what to prepare in advance.
Hansol Kim Managing Partner2026.05.09Criminal
Many people expect that if counsel is present, they will block difficult questions on their behalf. This article explains what counsel actually does in the interview room and what they cannot do.
Hansol Kim Managing Partner2026.03.31Criminal
Not every failure to get lent money back is fraud. This article explains how investigators look at the circumstances on the day the money changed hands.
Hansol Kim Managing Partner2026.03.03Criminal
Even in the same fight, if the case is treated as assault, a statement of non-desire for punishment ends it, but if it becomes bodily injury, you can be punished even after settling. This article looks at what a medical certificate means and when to settle.
Hansol Kim Managing Partner2026.01.09Criminal
The statutory penalty for drunk driving is set by blood alcohol concentration and any record within 10 years. This article explains how the 10 years are counted and the figures for license sanctions, which proceed separately from criminal punishment.
Hansol Kim Managing PartnerIf you do not leave by the departure deadline on the notice, you will be overstaying and may face deportation or punishment. To challenge the refusal, you must file an administrative appeal or administrative lawsuit before the deadline, apply for a stay of execution at the same time, and get a decision. If there is an unavoidable reason such as illness or lack of transportation, you can also apply to postpone the departure deadline (Enforcement Rules of the Immigration Act Article 33).
A fine is not included in 'imprisonment without labor or a heavier sentence' (Immigration Act Article 46(1)(13)), which is a ground for deportation. However, a fine can still be counted against you in reviews for extension of stay, change of status of stay, permanent residency and naturalization. If the violation is serious, your stay permit can even be cancelled (Immigration Act Article 89(1)(5)). The assessment of the same fine can vary depending on how the case happened and how you have lived since, so you should work to reduce the outcome from the investigation stage.
Court precedent holds that a foreigner without work authorization who actually worked has the right to wages, severance pay and industrial accident insurance benefits. When a labor inspector investigating unpaid wages finds that helping the victim comes first, the duty to notify immigration authorities can be waived (Enforcement Decree of the Immigration Act Article 92-2; Enforcement Rules Article 70-2). However, the waiver depends on the judgment of the official in charge, so get advice before you report.
Yes. When the police question a foreigner, they must provide interpretation in a language the person understands (Police Investigation Rules Article 91(1)). Even if you can handle everyday conversation, legal terms used during questioning may be misunderstood, so it is safer to ask for an interpreter. The statement record is written in Korean, so ask for it to be read back to you through the interpreter before you sign.
A person who left Korea after receiving a deportation order may be banned from entering for 5 years (Immigration Act Article 11(1)(6)). The actual length of the entry restriction depends on the reason. If you have received the order, you should first consider together with us whether you can challenge it through an objection within 7 days and an administrative lawsuit, or whether leaving voluntarily is the better option.
Marriage migrant (F-6) status can still be granted if the marriage could not continue because of the spouse's death or disappearance, or for other reasons you are not responsible for (Enforcement Decree of the Immigration Act, Appended Table 1-2). The Supreme Court interprets this as cases where the Korean spouse is mainly responsible for the breakdown of the marriage (Supreme Court Decision 2018Du66869, July 4, 2019). That is why arguing over who is responsible in the divorce lawsuit is directly tied to your stay.
Yes. Consultations are available in English, including at night and on weekends. Court and investigation documents are written in Korean, so we will explain important documents to you one by one.
Fees vary depending on the type and stage of the case and the number of procedures needed, so we let you know after the consultation. When several procedures are involved together, such as an objection, an administrative lawsuit and a criminal case, we first decide what you will entrust to us and in what order, and then explain the fees.
You can consult us at any of our 4 offices. Visit the one nearest to you.
Seoul Main Office
6F Jisan Bldg., 109 Seochodae-ro 46-gil, Seocho-gu, Seoul
View map →Incheon Office
Room 606, KR Law Tower, 6 Ieum 4-ro, Geomdan-gu, Incheon
View map →Hongseong Office · Songpa Office: address to be announced
For consultations, please message us through the chat on this page.
Send us a message on one of the messengers below. Our staff replies in the chat first and passes your case to the lawyer in charge.