"Does a criminal fine end the matter?" No. Separately from the criminal punishment, the immigration authority re-examines the same case in a violation review, and where the fine amount and the type of offence exceed set criteria, a departure order or deportation may be decided. Crossing a threshold does not fix the outcome automatically, however: the severity of the disposition is a discretionary judgment that takes family relationships and the basis of life in Korea into account.
Criminal punishment, the violation review, and the two forms of removal
When a fine becomes final in court, the outcome is notified to the immigration authority, which then reviews whether the foreign national's stay will continue to be permitted. This violation review proceeds separately from the criminal procedure.
Removal takes two forms. A departure order is the milder disposition, giving the person a set period to leave on their own without detention. Deportation is compulsory removal, involving detention at a facility and a longer re-entry restriction. A sentence of imprisonment or heavier makes the person subject to deportation.
Which form is decided affects the re-entry restriction and everything that follows, so reducing the severity of the disposition is itself the objective of the response.
Fine thresholds for removal
The removal criteria applied to foreign nationals fined in criminal cases are as follows (as of 2026).
| Category | Criterion |
|---|---|
| First offence | Fine of KRW 3M or more |
| Cumulative (5 years) | Combined fines of KRW 5M or more |
| Frequency | 2 or more within 2 years / 3 or more within 5 years |
| Traffic-related | Fines of KRW 5M or more |
| Drugs, sexual offences, etc. | Regardless of amount or frequency (departure order) |
Meeting a criterion does not fix the outcome. The review considers together 1) whether it is a first offence and the circumstances of the violation, 2) family relationships in Korea, 3) length of stay and the basis of life, and 4) restitution or settlement with any victim. Where such circumstances are substantiated with materials, the severity can change — deportation may be reduced to a departure order, for example.
Serious crimes and the permanent entry ban
Offences classified as serious crimes are treated without regard to the fine amount. These include crimes of insurrection and foreign aggression; homicide, rape, indecent assault and robbery; violations of the Sexual Violence Punishment Act, the Narcotics Control Act, the Punishment of Violences Act and the Health Crimes Control Act; and violations of the Aggravated Punishment Act (kidnapping, habitual robbery and larceny, repeat robbery with injury, retaliatory crimes, narcotics offences). Even a suspension of indictment or heavier can make the person subject to removal together with a permanent entry ban.
In addition, obstruction of official duties by special means, sexual offences against children and adolescents, dangerous driving causing injury, telecommunications-based fraud such as voice phishing, and crimes causing death (excluding negligence) receive the same treatment. If the offence falls within this range, removal is considered regardless of the fine amount.
How the review proceeds and how to appeal
Once the fine is final, the immigration authority summons the person and conducts the violation review, which determines whether a departure order or deportation is issued. Statements at the investigation stage are recorded and become the basis of the disposition, and a recorded statement is difficult to correct afterwards. What the review reflects is not a denial of the violation but objective materials showing that a heavier disposition would be excessive.
To contest a disposition, an objection may be filed within 7 days of receiving the notice, and a revocation suit within 90 days of learning of the disposition. Filing suit alone does not suspend execution, so a stay of execution is requested together where departure must be prevented. A person detained in deportation proceedings may separately request temporary release.
The re-entry restriction after removal is 1–5 years for a departure order depending on the case, and at least 5 years for deportation; classification as a serious crime can carry a permanent entry ban (as of 2026).
When a threshold is crossed
Suppose, for example, a first offender whose fine of KRW 4M has become final and who has a spouse and minor children in Korea. The table alone cannot determine the outcome: the fine places the person within the departure-order criterion, while family relationships and the basis of life point in the opposite direction.
In such matters the review weighs 1) the circumstances and type of the offence, 2) the family members' status of stay and the support relationship, 3) the length and depth of settlement, and 4) circumstances bearing on the risk of reoffending. The same fine amount can lead to different conclusions depending on how these factors are substantiated, so case-by-case review is required.
The order of response
Taking the above together, when a fine becomes final it is advisable first to confirm which criteria your fine amount, offence type and record fall under; to prepare materials on family and the basis of life before attending the violation review; and, if a disposition notice is issued, to decide on appeal within the objection and litigation periods.
Frequently asked questions
The Visa & Immigration Center of Law Firm Lawyeon 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 was founded through the organic collaboration of attorneys Junwoo Min, Dohyun Nam, and Seungchul Kim — criminal-law specialists who have advised across a wide range of immigration matters — with Senior Advisor Taemin Ahn, who has served at the Seoul Global Center, as a center head at the Ministry of Justice's Global Start-up Immigration Center, and as a member of the Foreign Workers' Rights Protection Council of the Seoul Regional Employment and Labor Administration. It is Law Firm Lawyeon's dedicated center for 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 Support Center of Law Firm Lawyeon (lawyeonvisa.app).