Calculators & Self-ChecksProsecution Request Estimator
Stowing away (leaving or entering Korea illegally by boat): statutory penalty and likely requested sentence
The statutory penalty for Stowing away (leaving or entering Korea illegally by boat) 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 (attempts are also punished)
- Legal basis
- Act on the Control of Stowaways, Article 3(1)
- Category
- Other · Act on the Control of Stowaways
Calculate with your own circumstances
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
- 1 year or more in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 1 year or more in prison
Summary fine
- Likely fine
- KRW 5 million or more
Suspension of indictment possible
If you were already punished abroad for the same incident, a suspension of indictment is possible.
Notes
- The boat and equipment used are confiscated (or their value collected), and for habitual offenders the penalty is increased by up to 1/2.
- A Korean national who leaves Korea by stowing away may also be violating the Immigration Act.
Frequently asked questions
- Stowing away (leaving or entering Korea illegally by boat): what is the statutory penalty?
- Legal basis: Act on the Control of Stowaways, Article 3(1). Statutory penalty: Up to 3 years in prison or a fine of up to KRW 30 million (attempts are also punished).
- Stowing away (leaving or entering Korea illegally by boat): 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, Suspension of indictment possible. Enter your circumstances in the calculator above to see which one applies.
Other crimes in the same category
- Arranging stowaways for profit
- 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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