"If I pay the penalty, is the matter closed?" Payment does not close the stay issue. Separately from the penalty, the immigration authority re-examines whether your stay will continue to be permitted, and where the amount or frequency exceeds set criteria you may be denied further stay and required to depart. For certain statuses with an established basis of life, however, there are exceptions under which stay may be permitted on national-interest or humanitarian grounds.
Penalty notices and criminal fines
A criminal fine is punishment imposed through the prosecution and the courts. An immigration penalty notice is an administrative disposition imposed by the immigration authority for violations of the Immigration Control Act — unauthorized employment (activity outside status), breaches of reporting duties, unlawful stay and the like.
The two systems differ in procedure but have a similar structure in their effect on stay. Just as accumulated criminal fines can meet the removal criteria, accumulated penalties beyond a set level can bar further stay. The threshold amounts are set differently for fines and penalties.
Criteria for denial of stay and departure
The stay-restriction criteria applied to foreign nationals under penalty dispositions are as follows (as of 2026).
| Category | Criterion |
|---|---|
| First offence | Penalty of KRW 5M or more |
| Cumulative (5 years) | KRW 7M or more |
| Frequency | 3 or more within 3 years (regardless of amount, departure order) |
| Caught in unlawful stay | Removal |
These thresholds are distinct from those for criminal fines: the first-offence line is KRW 3M for fines but KRW 5M for penalties, and the cumulative line is KRW 5M for fines but KRW 7M for penalties (as of 2026). The first step is to confirm which system and which criterion your record falls under.
Exceptions under which stay is permitted
The principle where a criterion is met is denial of stay followed by departure, but exceptions exist. For residence (F-2), overseas Korean (F-4) and spouse of a national (F-6) statuses with an established basis of life in Korea, stay may be permitted after a review of the facts where national-interest grounds (such as employing Korean nationals or a strong tax-payment record) or humanitarian grounds (such as pregnancy, childbirth, raising minor children, or illness) exist. The same applies to stateless persons and others for whom departure is practically impossible.
These exceptions are not automatic: permission is a discretionary judgment reached through review, and the grounds are considered when substantiated with objective materials. The same circumstances can lead to different conclusions depending on the degree of substantiation.
The procedure after a notice
A penalty notice must be paid within the stated period; failure to pay leads to referral for criminal proceedings, whose outcome is in turn reflected in the review of stay. Non-payment therefore moves the problem into the territory of criminal fines.
In the separate review of stay, statements at the investigation stage become the basis of the disposition. Circumstances concerning the violation, the basis of life and family relationships are substantiated with materials at this stage. If a denial of stay and a departure measure are issued, they can be contested by objection (within 7 days of receiving the notice) and revocation suit (within 90 days of learning of the disposition), with a stay of execution requested where departure must be prevented.
Where departure results, the re-entry restriction is 1–5 years for a departure order depending on the case, and at least 5 years for deportation following a crackdown on unlawful stay (as of 2026).
When a criterion is met
Suppose, for example, a third penalty disposition within three years, for a person with a Korean spouse and minor children. The table alone cannot determine the outcome: the frequency criterion points to a departure order, while the humanitarian exception for F-6 status remains open for review.
In such matters the review weighs 1) the circumstances and timing of each violation, 2) the family members' status and the child-raising relationship, 3) the basis of life and tax-payment record, and 4) circumstances bearing on the risk of recurrence. Conclusions can differ depending on how these factors are substantiated, so case-by-case review is required.
The order of response
Taking the above together, on receiving a notice it is advisable first to confirm which criteria your amounts and frequency fall under and whether exception grounds exist; to prepare substantiating materials within the payment and review schedule; and, if a denial 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).