If the Immigration Control Act is violated,
an appropriate deportation order and compulsory deportation will be issued, along with a fine or penalty not exceeding 30 million won.
Both foreigners and Koreans can violate the Immigration Control Act. Typical cases of Koreans violating the act include forging Ministry of Justice official documents to gain financial benefits by visiting entertainment establishments or illegal massage parlors.
There have also been cases where lawyers, office managers, and related officials have been caught exploiting the refugee system by assisting in fake refugee applications, making billions of won.
Representative cases of foreigners violating the Immigration Control Act include illegal stay, illegal entry, foreigner registration violation, ship entry and repatriation violations, forgery of documents and passports, sham marriages, and violation of reporting obligations. The government can investigate any foreigner who violates the Immigration Control Act at any time and impose appropriate penalties depending on the degree of violation, which may include fines.
Foreigners who violate the Immigration Control Act will be subject to deportation, deportation orders, or forced eviction, depending on the severity of the crime.
- Deportation recommendation: For foreigners who violate the Immigration Control Act for the first time or commit minor violations, the government recommends leaving the country. This is a weaker measure applicable to short-term illegal stay or passport carrying violations. - Deportation order: A penalty accompanied by fines and compulsion is issued if the foreigner does not comply with the deportation recommendation. - Forced eviction: This is the most powerful and compulsory punishment for foreigners who violate the Immigration Control Act, such as using a false name passport or long-term illegal stay. They will be forcibly deported from Korea regardless of their will, and all possible measures will be taken to notify their home country and receive punishment for illegal stay records. - Fines or penalties:
- Depending on the severity of the violation or the duration of the illegal stay, a fine or penalty of up to 30 million won will be imposed.
- If there are two or more violations, fines will be imposed for each violation.
- Among the same cases, the highest fine will be imposed for the most severe violation. - The head of the foreigner department or the head of the immigration office can reduce the fine by up to half of the original amount considering the humanitarian reasons, significant property damage caused, the degree of violation, and motives.
Penalties for illegal stay
(1) Less than 1 month = 2 million KRW
(2) 1 month or more ~ less than 3 months = 3 million KRW
(3) 3 months or more ~ less than 6 months = 4 million KRW
(4) 6 months or more ~ less than 1 year = 7 million KRW
(5) 1 year or more ~ less than 2 years = 10 million KRW
(6) 2 years or more ~ less than 3 years = 15 million KRW
(7) 3 years or more ~ less than 5 years = 20 million KRW
(8) 5 years or more ~ less than 7 years = 25 million KRW
(9) 7 years or more = 30 million KRW
Fine assessment standards
- If the employer of a foreigner has violated various reporting obligations:
3 months: 100,000 KRW
36 months: 300,000 KRW
612 months: 500,000 KRW
1~2 years: 1 million KRW
2 years and above: 2 million KRW
- If the management of foreign students or notification obligations have been violated:
1st offense: 200,000 KRW
2nd offense: 500,000 KRW
3rd offense: 1 million KRW
- If the obligation to report changes for foreign students has been violated:
Up to 3 months: 100,000 KRW
3~6 months: 300,000 KRW
6~12 months: 500,000 KRW
- If a foreigner has violated the obligation to report changes or additions to permissions:
3 months: 100,000 KRW
3~6 months: 300,000 KRW
6~12 months: 500,000 KRW
1~2 years: 1 million KRW
2 years and above: 2 million KRW
- If a foreigner aged 17 or older has not applied for a foreigner registration card within 90 days:
3 months: 100,000 KRW
3~6 months: 200,000 KRW
6~12 months: 300,000 KRW
1 year: 500,000 KRW
- If a permanent resident card has not been reissued:
3 months: 100,000 KRW
3~6 months: 300,000 KRW
6~12 months: 500,000 KRW
1~2 years: 1 million KRW
2 years and above: 2 million KRW
- If the obligation to report changes to registration details such as name, gender, nationality, or date of birth has been violated:
3 months: 100,000 KRW
3~6 months: 300,000 KRW
6~12 months: 500,000 KRW
1 year and above: 1 million KRW
- If the obligation to return a foreigner registration card has been violated:
1st offense: 100,000 KRW
2nd offense: 300,000 KRW
3rd offense: 500,000 KRW
4th offense and above: 1 million KRW
- When a foreigner fails to report their entry/exit due to their negligence:
1st time: KRW 200,000
2nd time: KRW 500,000
3rd time: KRW 1,000,000
4th time or more: KRW 2,000,000
- When a person has falsely reported nationality, gender, name, or other identification information on the entry/exit report 3 or more times within a year:
3 times: KRW 300,000
4 times: KRW 500,000
5 times: KRW 700,000
6 times: KRW 900,000
7 times: KRW 1,200,000
8 times: KRW 1,500,000
9 times or more: KRW 2,000,000
- When a person has violated the application obligations, such as changes in activity, extension of stay, and change of residence permit:
1 year: KRW 100,000
1-2 years: KRW 300,000
2-3 years: KRW 500,000
3 years or more: KRW 1,000,000
- When a person refuses or evades submission of documents or records requested by an immigration officer:
1st time: KRW 200,000
2nd time: KRW 500,000
3rd time or more: KRW 1,000,000
- When a person submits or reports false information on various reports or applications:
1st time: KRW 300,000
2nd time: KRW 400,000
3rd time or more: KRW 500,000
In case of receiving a fine, one can file an objection within 60 days. If the fine is not paid within the given time, it may be subject to forced collection.
Foreigners who have violated the fine must appear in person at the jurisdictional immigration office to present their opinion on the violation. If there is no opinion statement or other response, it is considered acknowledged by the person, and the immigration office will notify the fine after investigating and verifying the violation of the Immigration Control Act. The fine may be objected within 60 days from the date the foreigner receives the notice. If the fine is not paid within 60 days without an objection, it may be subject to forced collection procedures. Employers should be cautious when employing individuals, as they may also be punished for employing illegal residents, illegal entrants, or those with false passports, who have violated the Immigration Control Act. To avoid punishment, employers must take appropriate action if they become aware of such violations.