Calculators & Self-ChecksProsecution Request Estimator

Failure to declare cash or other means of payment when entering or leaving Korea: statutory penalty and likely requested sentence

The statutory penalty for Failure to declare cash or other means of payment when entering or leaving Korea and the likely handling of the case depending on your circumstances. The results are for reference only.

Statutory penalty
Up to 1 year in prison or a fine of up to KRW 100 million (if 3 times the value of the funds involved exceeds KRW 100 million, up to 3 times that value; both may be imposed)
Legal basis
Foreign Exchange Transactions Act, Articles 29(1)(4) and 17
Category
Finance · Foreign Exchange Transactions Act

Calculate with your own circumstances

Up to USD 30,000 is subject to an administrative fine instead of criminal punishment.

× KRW 10,000
Was it organized, or are you covering for the main offender?
Answer all 2 questions and the estimate appears right away. (0/2)

What the handling steps mean

  1. Detention considered · Detention (구속): being held in custody during the investigation and trial under a court warrant when there is a risk of fleeing or destroying evidence
  2. Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
  3. Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
  4. Suspension of indictment possible · Suspension of indictment (기소유예): the wrongdoing is recognized, but the prosecutor takes various circumstances into account and closes the case without sending it to trial
  5. Referral to the Family Court possible · Domestic or juvenile protection case: instead of criminal punishment, the Family Court imposes protective dispositions such as counseling, a no-contact order or community service

Handling standards at a glance

Listed from heaviest to lightest. The actual decision depends on the results of the investigation and your circumstances.

  1. Detention considered

    Likely requested sentence
    8 months to 1 year in prison

    For KRW 1 billion or more, or an organized offense or covering for the main offender, detention is the rule.

  2. Formal trial (prison sentence requested)

    Likely requested sentence
    6 months or more in prison

    A fine may be imposed together.

  3. Summary fine

    About 10% of the undeclared amount.

Notes

  • For a foreign non-resident, the rule is to have the fine paid in advance.
  • Mitigating circumstances (long residence in Korea, a clear source of the money, being a transit passenger) may make it lighter.

Frequently asked questions

Failure to declare cash or other means of payment when entering or leaving Korea: what is the statutory penalty?
Legal basis: Foreign Exchange Transactions Act, Articles 29(1)(4) and 17. Statutory penalty: Up to 1 year in prison or a fine of up to KRW 100 million (if 3 times the value of the funds involved exceeds KRW 100 million, up to 3 times that value; both may be imposed).
Failure to declare cash or other means of payment when entering or leaving Korea: how is the case usually handled?
Depending on the circumstances, it may be handled as follows: Detention considered, Formal trial (prison sentence requested), Summary fine. Enter your circumstances in the calculator above to see which one applies.

Other crimes in the same category

See the full list of crimes

This is only an estimate based on how investigative agencies usually handle cases. The actual decision and request depend on the facts of the case, such as a settlement, prior convictions and how the crime happened, and on the judgment of the prosecutor in charge; the final sentence is decided by the court. If you are about to be questioned, do not rely on this result alone and talk to a lawyer first.

Want to look at your own case more closely?

Send us a message about your situation. A lawyer will review it and reply.

Message us

© 2026 JISAN LAW. The question structure, the organisation of the criteria, the result wording and the data on this page are works and a database created by JISAN LAW. Copying, distributing or modifying them, reusing them on other websites or services, or collecting them automatically (scraping) without permission is prohibited. Violations may lead to civil and criminal liability under the Korean Copyright Act and the Unfair Competition Prevention and Trade Secret Protection Act.