When you receive a request to appear for an immigration violation review or a notice to pay an immigration fine

If the head of the immigration office confirms an offense after investigating an immigration violation, they can notify the person in writing to pay an amount equivalent to a fine, called an immigration fine (범칙금), to a designated place (Immigration Act Article 102(1)). If you pay the immigration fine, the case is closed without going to criminal trial.

Immigration violation cases cannot be prosecuted without a referral from the head of the immigration office (Article 101). However, if the investigation shows that the case appears to warrant imprisonment without labor or a heavier sentence, it must be referred immediately without a notice (Article 102(3)).

If needed for the investigation, the office will ask you to appear for questioning and record your statement in a statement record. The record must be read to you or shown to you, and you must be asked whether anything was written incorrectly. If you ask for additions or changes, those must also be recorded. The statements of a person who does not understand Korean must be interpreted by an interpreter (Immigration Act Article 48).

Bring evidence showing how the violation happened (messages with your company, medical certificates, application records), and do not answer with guesses when you do not know. This statement record becomes the basic material for deciding on the immigration fine, a departure order or deportation.

When you receive the notice, you must pay the immigration fine within 15 days. If you do not, the head of the office must refer the case for prosecution. If you pay before the referral, the case will not be referred (Article 105(1) and (2)). Once the case is referred, criminal proceedings begin, and a record of a criminal fine may remain.

If you dispute the amount of the immigration fine or the violation itself, get advice before paying. Paying the immigration fine may be taken to mean that you accept the violation.

Paying the immigration fine does not end the immigration issue. If the head of the office considers departure measures appropriate after the notice, a departure order can be issued (Article 68(1)(5)). Depending on how serious the violation is, deportation proceedings may also be started, and if a deportation order has been issued, the case is not referred even if the immigration fine is not paid (Article 105(3)).

Overstaying and engaging in activities of another status without permission are acts punishable by law with imprisonment of up to 3 years or a fine of up to KRW 30 million (Article 94), and changing workplaces without permission is punishable by imprisonment of up to 1 year or a fine of up to KRW 10 million (Article 95). The notice procedure is a way to settle these cases without a trial.

In some cases you can pay the immigration fine and continue your stay, but the violation record will be considered at your next extension or change of status review. If you organize now the evidence showing how the violation happened (delayed company documents, illness, lack of information, etc.), it will be easier to explain later.

If you have received a departure order, check the departure deadline and how to challenge it right away. Whether you leave under a departure order or are deported makes a big difference when you want to enter Korea again.

Jisan Law reviews the notice and the investigation records and decides whether it is better to pay the immigration fine or to dispute the violation. If a departure order or deportation proceedings follow, we also handle statements of opinion, objections and administrative lawsuits. If you have received a notice, contact us before the 15 days pass.