About this status of stay
Miscellaneous (G-1) is the status of stay for people who do not fit any other status but whom the Minister of Justice recognizes as needing to stay in Korea (Enforcement Decree of the Immigration Act [출입국관리법 시행령], Appended Table 1-2). It covers people being treated for an industrial accident and their families, people being treated for an illness or accident, people with an ongoing lawsuit, people whose unpaid wages are being mediated by the labor office, refugee applicants, people granted humanitarian stay, and others (Ministry of Justice guidance manual [법무부 체류민원 자격별 안내 매뉴얼]).
Because this status is for staying due to a specific situation, the basis for your stay can end when that situation ends. As a rule, you cannot work, and only some groups can work after getting permission in advance.
How a legal problem affects your stay
G-1 holders often stay to protect their rights, such as through treatment, a lawsuit or recovering from harm, so documents showing how that process is going become the basis for continuing your stay.
If you work without permission
G-1 is not a status that allows employment, so working without permission can lead to punishment and deportation as a violation of the Immigration Act (출입국관리법) (Articles 18, 20 and 46). Even people who have permission to work must get new permission if their workplace changes (Ministry of Justice guidance manual).
If you receive a criminal penalty
If you are sentenced to imprisonment (with or without labor), the ground for deportation can become an issue (Immigration Act Article 46(1)(13)). A fine also counts against you in reviews for extending your stay and for later changing to another status of stay.
When the reason ends
When your treatment ends or your lawsuit or mediation is finished, you may no longer have a basis to stay with G-1. Settle the money and property owed to you, and check in advance whether you can change to another status of stay. If you overstay, you can face punishment and deportation.
Common problems with this visa
When you need to stay for treatment, a lawsuit or unpaid wages
You must apply to change to G-1 or to extend before your original period of stay ends. Prepare documents that show why you need to stay, such as an industrial accident claim and medical certificate, a complaint or other case documents, or proof that the labor office received your petition. The longest period of stay you can get at one time is 1 year (Ministry of Justice guidance manual).
If a Non-professional Employment (E-9) worker received G-1 for work injury treatment and still has time left under the maximum period of stay, the guidance describes a procedure to return to E-9 status after treatment.
When you can work
Some G-1 groups that need humanitarian consideration, such as victims of sexual violence or families of people who died in accidents, as well as refugee applicants (for example, once 6 months have passed since applying) and people granted humanitarian stay, can work within set limits if they get permission for activities outside their status of stay in advance. Adult entertainment establishments, gambling businesses and the like are not allowed, and refugee applicants also cannot work in construction (Ministry of Justice guidance manual).
What happens to your stay, depending on the outcome of your case
Whatever your status of stay, the outcome of a criminal case leads to a review of your stay. Below is a summary based mainly on the standards set by law. The actual decision is made by the immigration office, which looks at what happened in your case together with your life in Korea.
- Case not referred to prosecutors, or suspended indictment
- These are not criminal penalties, so they do not count as 'imprisonment without labor or a heavier sentence', which is a ground for deportation. However, under the Act on the Lapse of Criminal Sentences (형의 실효 등에 관한 법률), a suspended indictment (기소유예, where prosecutors decide not to charge you) and some decisions not to refer a case to prosecutors (불송치) stay in investigation history records for a certain period, and these can be checked when needed for a foreigner's naturalization or stay permit (Article 6(1)(6) and Article 8-2). How long they stay depends on the legal penalty for the offense. Reviews that look at your conduct, such as for Residence (F-2) and Permanent Residency (F-5), also check this kind of case history.
- Fine (including a summary order)
- A fine does not count as 'imprisonment without labor or a heavier sentence', which is a ground for deportation. However, it counts against you in reviews for extending your stay, changing your status of stay, permanent residency and naturalization, and if the violation is serious your stay permit can be cancelled (Immigration Act Article 89(1)(5)). The Ministry of Justice review standards have many items that look at the amount of the fine and how much time has passed since you paid it. Under the Criminal Procedure Act (형사소송법), if you received a summary order (약식명령, an order that sets a fine without a trial), you can request a formal trial within 7 days of receiving it (Article 453).
- Suspended sentence of imprisonment
- A suspended sentence (집행유예) is still a sentence of imprisonment with or without labor, so the ground for deportation ('a person sentenced to imprisonment without labor or a heavier sentence and released', Immigration Act Article 46(1)(13)) can become an issue. The review standards for Residence (F-2), Permanent Residency (F-5), Overseas Korean (F-4) and other statuses treat even a suspended sentence as a disqualifying reason for a set period from the date the judgment becomes final.
- Prison sentence
- You can become subject to deportation when you are released after serving your sentence, and the prison warden must notify the immigration office about a foreigner whose release has been decided (Immigration Act Article 84(2)). Deportation proceedings can also go ahead while you are still serving your sentence (Article 85). If you leave Korea under a deportation order, you can be banned from entering Korea for 5 years after that (Article 11(1)(6)).
- Immigration Act violations (overstaying, working without permission, etc.)
- After an investigation by the immigration office, you may receive a notice to pay an immigration fine (범칙금, money paid in place of a criminal fine) or be reported for prosecution (Immigration Act Articles 102 and 105), and this can then lead to a departure order or deportation. A record of immigration fines also counts as a record of breaking the law in later reviews of your stay.
- Departure orders and deportation orders
- A departure order tells you to leave Korea on your own by a set deadline, and the deadline is set within 30 days from the date the order is issued (Immigration Act Article 68; Enforcement Rules Article 65). For a deportation order, you can file an objection with the Minister of Justice within 7 days of receiving the order (Article 60). Filing an administrative appeal or an administrative lawsuit does not stop the order from taking effect, so you also need to apply for a stay of execution.
Frequently asked questions
Can I keep staying in Korea while my lawsuit is ongoing?
People with an ongoing lawsuit may qualify for G-1. However, it is not granted automatically; you have to show with documents that the case is actually ongoing and why you need to stay in Korea. Apply before your original period of stay ends.
What happens if my E-9 period of stay ends while I am being treated for a work injury?
You can change to G-1 and continue treatment. If you still have time left under the maximum period of stay after treatment, there is a procedure to return to E-9 status, so keep good track of your treatment period and medical certificates.
Can I work with G-1?
As a rule, no. Some groups with humanitarian reasons, refugee applicants for whom 6 months have passed since applying, people granted humanitarian stay and others can work within set limits if they get permission for activities outside their status of stay in advance. Working without permission can lead to punishment and being made to leave Korea.
Do I have to leave Korea as soon as my treatment or lawsuit ends?
When the situation that gave you G-1 ends, you may no longer have a basis to stay. Settle the wages, compensation or deposits owed to you, and check in advance whether there is a way to change to another status of stay. If you need time to prepare to leave, get advice before your period of stay ends.
Get advice right away if
- You need to stay because of a work injury, unpaid wages or a lawsuit, but your original period of stay is about to end
- Your G-1 extension was refused, or you received a notice with a departure deadline
- You are going to be investigated by the immigration office for working without permission
Related guides
Legal basis
- Immigration Act Articles 18, 20 and 46
- Enforcement Decree of the Immigration Act, Appended Table 1-2
- Ministry of Justice guidance manual on stay permits by visa type (Sept. 2026): Miscellaneous (G-1), Non-professional Employment (E-9)
This guide is based on the Immigration Act (출입국관리법) and its Enforcement Decree and Enforcement Rules in force as of October 2026, and on the Ministry of Justice guidance manual on stay permits by visa type (법무부 체류민원 자격별 안내 매뉴얼, Sept. 2026). Ministry of Justice review standards can change at any time.
This guide is for reference only. The immigration office decides whether you can stay by looking at what happened in your case together with your life in Korea, so the same decision can lead to different results depending on your situation.