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Employing foreigners staying illegally: statutory penalty and likely requested sentence

The statutory penalty for Employing foreigners staying illegally and the likely handling of the case depending on your circumstances. The results are for reference only.

Statutory penalty
Up to 3 years in prison or a fine of up to KRW 30 million
Legal basis
Immigration Act, Articles 94(9) and 18(3)
Category
Other · Immigration Act

Calculate with your own circumstances

people
Type of business
Did you treat them unfairly, such as not paying wages, or make a large profit?
times
Answer all 4 questions and the estimate appears right away. (0/4)

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

    If more than 10 people were employed and treated unfairly, more than 20 were employed for a large profit, or there are 3 or more prior records of a formal trial or heavier, detention is considered.

  2. Formal trial (prison sentence requested)

    Likely requested sentence
    8 months or more in prison
  3. Summary fine

    The standard is KRW 2 million per person.

  4. Summary fine

    The standard is KRW 1.5 million per person.

Notes

  • It can be punished only if the immigration authorities file an accusation.
  • Short employment of 1 month or less in a business facing a labor shortage, such as manufacturing, may be taken into account.
  • The fine depends on the period of employment, the type of business and whether it is a repeat offense.
  • After a 2016 amendment, the maximum fine rose from KRW 20 million to KRW 30 million.

Frequently asked questions

Employing foreigners staying illegally: what is the statutory penalty?
Legal basis: Immigration Act, Articles 94(9) and 18(3). Statutory penalty: Up to 3 years in prison or a fine of up to KRW 30 million.
Employing foreigners staying illegally: 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.

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