What Are the Penalties for Violating Immigration Law in Korea? (Part 1: Criminal Penalties)

 

In my more than twenty years of teaching English here in Chungju, and in my years as founder of Pinoy Sarang, I've met so many kababayan who get scared the moment they have a question about their visa, their employer, or their status here in Korea. Sometimes, that fear isn't really necessary — what we need is simply to know what the law actually says, so we're not just guessing in the dark.

That's why in this article, I want to explain in a simple way the 벌칙, or penalties, under Korea's Immigration Control Act (출입국관리법) — specifically the criminal penalties, such as imprisonment (징역) and fines (벌금). In my next article, I'll cover 과태료 (administrative fines) and 통고처분 (notification disposition), since these work differently from criminal penalties.

First, Something Important to Know: Deportation and a Criminal Case Don't Always Go Together

One thing many of our kababayan don't realize is this: 강제퇴거 (forced deportation) can still move forward even while a criminal case is ongoing. In other words, if you've violated immigration law and you have both a deportation order and a pending criminal case, it isn't automatic that the case has to be finished first before you can be deported — unless the prosecutor general specifically grants permission otherwise.

Also, immigration violation cases aren't simply filed directly in court. The immigration office (지방출입국·외국인관서의 장) first needs to refer the case before a prosecutor can formally file charges. That's why, if you have an immigration-related concern, it's usually faster and more practical to go through the immigration office's process first.

The Levels of Criminal Penalty

Depending on how serious the violation is, the law sets different levels of punishment. Here's the general structure, from the most serious down to the lightest:

1. Up to 7 Years of Imprisonment

This is the most serious level, and it usually applies to serious violations such as forging immigration documents, or helping someone enter or leave the country illegally — especially when this is done for profit or in exchange for money. This also covers people who help hide someone who entered the country illegally for that purpose.

2. Up to 5 Years of Imprisonment or a 30 Million Won Fine

This level covers people who enter or leave Korea without proper authorization, who use forged or stolen documents, or who help someone else do so.

3. Up to 3 Years of Imprisonment or a 20 Million Won Fine

This is where many more common violations fall — for example, continuing to stay in Korea beyond your authorized period without permission, helping or hiding someone who is overstaying, or giving false information to immigration authorities.

4. Up to 1 Year of Imprisonment or a 10 Million Won Fine

This covers lighter violations — such as not carrying a valid identification document, not complying with the conditions of your visa, or other technical violations of the law's provisions.

5. Fine Only (No Imprisonment)

There are also violations where the penalty is a fine only — for example, when two or more people escape or attempt to escape together while under detention or in the middle of an immigration process.

Why Is It Important to Know This?

My goal in writing this isn't to scare you. In fact, I'd rather you know the real situation so you won't easily be misled by wrong information — because I've met many kababayan who made the wrong decision simply because of a mistaken belief about the law.

For example, it's important to know that not all violations carry the same weight — some are only subject to 과태료 (an administrative fine, not criminal), while others can actually go through the courts and result in a criminal record. This is also why I always tell the members of Pinoy Sarang: whenever you have doubts about your visa status or any immigration-related concern, it's much better to consult the immigration office or a trustworthy organization right away, rather than waiting until the situation gets worse.

In my next article, I'll cover 과태료 (administrative fines) — how it differs from criminal penalties — and 통고처분 (notification disposition), the process where you may be able to simply pay a fine instead of going through the full court process.

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About the Author

English Instructor in South Korea | 22 Years of Teaching Experience

Majella Pagayon is the founder of Pinoy Sarang, a community platform dedicated to helping Filipinos navigate life, work, education, and immigration in South Korea. She regularly writes practical guides, safety tips, and educational resources for Filipinos living and working abroad.