Calculators & Self-ChecksProsecution Request Estimator
Arranging stowaways for profit: statutory penalty and likely requested sentence
The statutory penalty for Arranging stowaways for profit and the likely handling of the case depending on your circumstances. The results are for reference only.
- Statutory penalty
- Up to 5 years in prison or a fine of up to KRW 50 million
- Legal basis
- Act on the Control of Stowaways, Article 4(2)
- Category
- Other · Act on the Control of Stowaways
Calculate with your own circumstances
Likely handling
Detention considered
- Likely requested sentence
- 2 years or more in prison
This is a serious crime for which investigation in detention is, as a rule, considered.
Statutory penalty
Up to 5 years in prison or a fine of up to KRW 50 million
Act on the Control of Stowaways, Article 4(2)
- Arranging for a group of foreign nationals to enter or leave illegally may fall under the Immigration Act.
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 and the judgment of the prosecutor in charge. The final sentence is decided by the court.
What the handling steps mean
- 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
- Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
- Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
- 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
- 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.
Detention considered
- Likely requested sentence
- 2 years or more in prison
This is a serious crime for which investigation in detention is, as a rule, considered.
Notes
- Arranging for a group of foreign nationals to enter or leave illegally may fall under the Immigration Act.
Frequently asked questions
- Arranging stowaways for profit: what is the statutory penalty?
- Legal basis: Act on the Control of Stowaways, Article 4(2). Statutory penalty: Up to 5 years in prison or a fine of up to KRW 50 million.
- Arranging stowaways for profit: how is the case usually handled?
- Depending on the circumstances, it may be handled as follows: Detention considered. Enter your circumstances in the calculator above to see which one applies.
Other crimes in the same category
- Stowing away (leaving or entering Korea illegally by boat)
- Employing foreigners staying illegally
- Brokering employment of foreigners staying illegally
- False invitation of foreigners
- Illegal entry (smuggling into Korea)
- False entry in public electronic records (sham marriage, etc.)
- Forging and using a public document
- Forging and using a private document
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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