Paying an immigration penalty does not ensure that an extension or change of status will be approved. For someone with family or a business in Korea, the effect of the violation on residence permission can be as important as the penalty amount.
Immigration penalties, criminal fines and administrative fines
An immigration penalty, or beomchikgeum, is an amount ordered for payment by the immigration authority following its investigation of an Immigration Control Act violation. Unlike a court-imposed criminal fine, it is issued through the penalty-notice procedure. Failure to pay can lead to a criminal referral.
A criminal fine is a punishment imposed by a court judgment or summary order. An administrative fine, or gwataeryo, is a separate sanction for an administrative violation. Not every failure to meet a reporting obligation results in beomchikgeum; the type of sanction depends on the obligation and the applicable provision.
| Type | How it is imposed | Relevance to residence |
|---|---|---|
| Immigration penalty: beomchikgeum | Penalty notice issued by immigration authorities | Criteria concerning immigration penalty records apply. |
| Criminal fine | Court judgment or summary order | Criteria for foreign nationals with final criminal fines may apply. |
| Administrative fine: gwataeryo | Administrative sanction | It is not counted as an immigration penalty or criminal fine. |
An immigration penalty of KRW 5 million and a criminal fine of KRW 5 million fall under different residence restriction criteria. Immigration penalties are not added to criminal fines when applying the removal thresholds for criminal fines.
Payment deadlines and criminal referral
An immigration penalty must be paid within 15 days of receiving the notice. Nonpayment generally leads to a criminal referral, subject to statutory exceptions including payment before referral and issuance of a deportation order. Nonpayment itself is not a final criminal fine.
Residence restrictions or removal may still follow payment. Compliance with the penalty notice resolves that part of the violation procedure, but an extension or change of status requires a separate decision.
Where a departure order has already been issued, paying the penalty leaves its departure deadline in place.
Residence restrictions based on penalty amounts and frequency
The integrated residence restriction criteria include an immigration penalty of at least KRW 5 million for a first violation and cumulative penalties of at least KRW 7 million within the preceding three years for repeat violations. The amounts and periods differ from the criminal-fine threshold of KRW 5 million within five years.
Residence applications are also assessed against the restrictions and exceptions for the particular status, the type of violation and any repetition. Meeting a monetary threshold does not dictate refusal of every residence status or a particular form of removal.
Conversely, a penalty below the threshold may still involve conduct that independently warrants a residence restriction or removal.
The alleged violation and exceptions allowing residence
In unauthorized employment or activity cases, the actual duties and period of activity are compared with the permission held to determine whether a violation occurred. Even if a violation is established, an applicant who needs to remain in Korea may present grounds for an exception to the residence restrictions.
An exception based on family ties, child care, treatment or business operations requires facts that meet the applicable criteria. The relevant evidence concerns both the family or business relationship and why the person needs to remain in Korea to provide care, receive treatment or run the business.
Lawyeon examines the alleged violation and applicable criteria during the investigation. Where there are grounds for continued residence, the firm submits legal arguments and evidence supporting the relevant exception.
Challenges to removal orders
An objection to a deportation order under the Immigration Control Act must be filed within seven days of receipt. That procedure and deadline apply to deportation orders; they do not govern challenges to departure orders or refusals of residence permission.
A revocation lawsuit does not automatically suspend the obligation to leave or enforcement. Where the departure deadline or enforcement date is approaching, an application for suspension requires grounds for interim relief as well as arguments against the underlying decision.
If an entry ban accompanies the removal order, relief from that ban may also be necessary for re-entry. An exemption from the ban leaves the obligation to depart intact where the departure order remains in force.
Law Firm Lawyeon Immigration Law Center provides legal services specialized in the integrated handling of Korean immigration and visa matters together with criminal cases and immigration-violation reviews, built on extensive case experience, professional networks, and practical knowledge.
The Center brings together attorneys Junwoo Min, Dohyun Nam, and Seungchul Kim, criminal-law specialists with extensive immigration advisory experience, and Senior Advisor Taemin Ahn. Mr Ahn has served at the Seoul Global Center, headed a Ministry of Justice Global Start-up Immigration Center, and served on the Foreign Workers' Rights Protection Council of the Seoul Regional Employment and Labor Administration. Together, they established Law Firm Lawyeon's dedicated immigration practice.
In particular, for departure orders and entry-ban dispositions that follow a final criminal conviction, the Center presents effective solutions through an integrated strategy spanning criminal defense, objections to the disposition, and applications to lift the entry ban, and it supports stable business activity in Korea by managing many clients' immigration risk.
This article is intended as general information about the relevant legal framework and is not legal advice on any individual matter. Determinations concerning immigration status may differ depending on specific facts such as residence history, income and contractual relationships. If your situation requires individual review, you may request a consultation with the Immigration Law Center of Law Firm Lawyeon (lawyeon-immigration.com).