Guidance on Procedures for Foreigners Violating South Korean Laws

If you’re a foreign national living in South Korea, it’s essential to be aware of the legal framework governing your stay, particularly the Immigration Control Act. This law doesn’t simply outline immigration procedures; it also establishes regulations that prohibit or require certain behaviors from foreigners to uphold fair administrative practices and maintain order in the country. Violating this law can lead to serious consequences, including imprisonment, fines, or administrative penalties. The severity of the punishment depends on the nature of the violation, and in some cases, it can result in deportation orders.

Table of Contents

Procedures for Handling Immigration Violators

Those who violate the Immigration Control Act are classified as “immigration offenders,” and the process for handling them is as follows:

Recognition of Immigration Offenders: Once a violation of the Immigration Control Act is confirmed, the foreigner will be officially classified as an immigration offender.
Preliminary Investigation: Authorities will collect information and conduct an investigation regarding the offender’s circumstances.
Protective Measures: Individuals at risk of fleeing may be placed in a protective facility.
Detailed Examination: The extent of the violation and its specifics will be reviewed in detail.
Decision and Notification of Results: Based on the examination results, actions such as deportation, recommendations for departure, or departure orders will be issued.

Meaning of Passport Stamps: 46-1, 67-1, 68-1

Stamps placed in a foreigner’s passport carry specific meanings based on the provisions of the Immigration Control Act, denoting the relevant articles and clauses.

Stamp 46-1: This refers to Article 46, Section 1 of the Immigration Control Act, indicating that the individual is subject to a deportation order. If you see this stamp, it means that a deportation order has been issued.
Stamp 67-1: Denoting Article 67, Section 1, this stamp signifies a recommendation to depart. It is issued when the Minister of Justice deems it necessary for the individual to leave the country.
Stamp 68-1: This one relates to Article 68, Section 1 of the Immigration Control Act and is applied to individuals who have received a departure order. This typically occurs when someone has failed to comply with a departure recommendation or has been subject to a fine, but is now considered appropriate for departure.

Deportation vs. Departure Recommendation vs. Departure Order

Immigration offenders face different consequences depending on the severity of their violations:

Deportation: Individuals receiving a deportation order must return to their home country. They have seven days from the date of the order to file an appeal, although these appeals are rarely accepted.
Departure Recommendation: Those who receive a recommendation are expected to leave the country within five days from the issuance date. Failure to do so results in a formal departure order.
Departure Order: If someone receives a departure order, they must leave the country within 30 days. Noncompliance can lead to a deportation order.

Extension of Departure Deadline

If an individual with a departure recommendation or order cannot leave the country due to reasons such as lack of transportation or illness, they may submit documentation to request an extension of the departure deadline.

Deportation and Re-entry

A person who has been deported or received a departure order may find it challenging to return to South Korea later. Typically, there will be a ban on re-entry for a specific period, but even after this period expires, re-entry isn’t guaranteed. It’s crucial to prepare the necessary documentation and adequately demonstrate the need for re-entry before being considered for re-admission.

Please note, this information reflects the conditions as of the writing date and may be subject to change based on government policies. It is intended purely for informational purposes and does not provide legal advice or interpretations. For additional assistance, feel free to reach out through our 1:1 counseling page.