29 questions, grouped by topic

If 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.

A departure order (출국명령) is a decision telling you to leave on your own within a set deadline (within 30 days of the issue date), while a deportation order (강제퇴거명령) is a decision under which the state removes you directly (Immigration Act Article 68; Enforcement Rules Article 65; Article 62). If you leave after receiving a deportation order, you may be banned from entering Korea until 5 years have passed (Article 11(1)(6)). The ways to challenge them also differ: for a deportation order, you can file an objection with the Minister of Justice within 7 days of receiving the order.

Filing an appeal or lawsuit does not in itself suspend the decision (Administrative Appeals Act Article 30(1); Administrative Litigation Act Article 23(1)). To stay while you challenge it, you must apply for a stay of execution within the departure deadline and get a decision. For a stay of execution, you must show harm that would be hard to undo and an urgent need, so prepare evidence of circumstances such as family, medical treatment or studies.

If you appoint a lawyer as your representative, you can file and pursue a lawsuit after leaving Korea. However, depending on the type of decision, there is room for the court to find that you no longer have an interest to be gained from the lawsuit once you have left, and coming back may also become more difficult. It is safer to check the possibility of a lawsuit and a stay of execution before you leave.

Staying beyond your period of stay without permission to extend it is punishable by imprisonment of up to 3 years or a fine of up to KRW 30 million, and is a ground for deportation (Immigration Act Article 94(17) and Article 46(1)(8)). The longer you wait, the worse it gets, so check right away what procedures are available in your current situation.

First find out why you are being called (an investigation of a violation, or a hearing on cancellation of your stay permit). Your statement when you appear is kept in a statement record, which must be read to you or shown to you, and you must be asked whether anything needs correcting (Immigration Act Article 48). Explain what happened truthfully, do not answer with guesses, and bring evidence showing your circumstances.

The law provides that entry can be banned for people who left after receiving a deportation order less than 5 years ago, among others, and the actual period depends on the reason. In many cases the person concerned checks by contacting the immigration office, and the Immigration Contact Center (1345) can tell you how to inquire.

The detained person, their family or a guarantor can apply to the Immigration Detention Committee for temporary release from detention, and if granted, conditions such as a deposit of up to KRW 20 million and restrictions on residence must be followed (Immigration Act Article 65). If the detention itself is unjust, you can request a review, and the Committee decides within 3 weeks (Enforcement Decree Article 70). If a deportation order was also issued, check the 7-day deadline for an objection as well.

These are not criminal penalties, so they are not part of your criminal record, but a police decision not to refer the case and a prosecutor's decision not to indict remain in investigation history records (Act on the Lapse of Criminal Sentences Article 2(6)). These records can be checked when needed for a foreigner's naturalization, restoration of nationality or stay permit (Article 6(1)(6) of the same Act). So it is good to keep materials explaining what happened along with the decision.

Departure orders and deportation are decided by looking at the type of criminal outcome together with your circumstances in Korea. If you are sentenced to imprisonment without labor or a heavier sentence and released, you can become subject to deportation, and even with a fine, if the violation is serious, your stay permit can be cancelled and a departure order may follow (Immigration Act Articles 46, 89 and 68). You need to prepare for the effect on your stay from the investigation stage.

If the arrested person wishes, the police must notify the consulate of the arrest without delay (Police Investigation Rules Article 91). For some countries, notification is made under a treaty regardless of the person's wishes. Family members can also contact the embassy directly, but it is safer to discuss the details of the case through the defense lawyer.

An employer cannot dismiss or treat a worker unfavorably because the worker reported a violation of the Labor Standards Act to the Ministry of Employment and Labor or a labor inspector, and employers who do so are punished (Labor Standards Act Articles 104 and 110). Keep records of conversations and any changes in how you are treated before and after reporting.

Yes. Court precedent holds that foreigners without work authorization can also receive industrial accident insurance benefits (Supreme Court Decision 94Nu12067, September 15, 1995), and crime victims can file criminal complaints regardless of their status of stay. When helping the victim comes first, such as in a criminal investigation or an investigation of unpaid wages, public officials may be exempt from the duty to notify immigration (Enforcement Decree of the Immigration Act Article 92-2), but the official in charge decides, so get advice before reporting.

In principle, industrial accident insurance applies to all businesses that employ workers and does not distinguish by nationality (Industrial Accident Compensation Insurance Act Article 6). Even if the company will not file for you, the worker can apply directly to the Korea Workers' Compensation and Welfare Service. The right to receive insurance benefits must be exercised within 3 years (5 years for disability and survivors' benefits, etc.).

In principle, you can change up to 3 times during the first 3 years and up to 2 times during a period extended by re-employment, and changes for reasons that are not your fault are not counted (Act on the Employment of Foreign Workers Article 25(4)). Also check the deadline: you must apply within 1 month of the date your contract ended.

If you, as the person filing, and your minor children live in Korea, or if one of you lives in Korea and the place you last lived together was Korea, you can file for divorce in a Korean court (Act on Private International Law Article 56). If the other spouse's address is unknown or service abroad is difficult, the case can proceed by service by publication (Civil Procedure Act Article 194).

Yes. The applicable law depends on nationality and where you live, and if there is a Korean spouse living in Korea, the divorce is governed by Korean law (Act on Private International Law Article 66). If the child lives in Korea, Korean courts can also handle parental authority and custody cases (Article 59). If the other spouse's assets are abroad, enforcement methods must be considered separately.

Yes. Alien registration and reports of change of residence replace resident registration and move-in reports (Immigration Act Article 88-2(2)), so once you move in and complete the report, you gain the right to assert your lease against third parties under the Housing Lease Protection Act, and if you also obtain a fixed date stamp, you gain priority repayment rights.

Yes. You can simply send us a message through the chat on this page.

A managing partner advises you personally and does not hide behind office managers or associate lawyers. The lawyer in charge personally sits in on questioning, visits clients, writes opinions and handles litigation.

For general information on stay and visas, you can contact the Ministry of Justice Immigration Contact Center (dial 1345 in Korea with no area code); for labor issues such as unpaid wages, the Ministry of Employment and Labor Customer Counseling Center (dial 1350 with no area code); and for everyday legal advice, the Korea Legal Aid Corporation (132). If you have already received a decision or are in a dispute with a deadline, also get advice from a lawyer.

A family member can get advice first to sort out the situation. However, to entrust us with the case or submit documents, authorization from the person concerned is needed, and if the person has been arrested or detained, the lawyer visits them in person to confirm their wishes.