Article 93-2 (Penalty Provisions)

(1) Any of the following persons shall be punished by imprisonment with labor for not more than seven years:

1. A person detained or temporarily detained under this Act and falls under the following:

(a) A person who damages a detention facility or apparatus, or assaults or intimidates any other person, for the purpose of escape;

(b) A person who escapes jointly in a group of at least two persons;

2. A person in the course of being escorted for detention or deportation under this Act, who assaults or intimidates any other person, or escapes jointly in a group of at least two persons;

3. A person who abducts a person detained or temporarily detained under this Act, or a person being escorted for detention or deportation, or has any such person escape.

(2) Any of the following persons who has a profit-making purpose shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding 50 million won:

1. A person who allows an alien required to undergo an entry inspection under Article 12 (1) or (2) to illegally enter the Republic of Korea in a group, or arranges such illegal entry;

2. A person who provides or arranges a ship, etc., passports, visas, boarding passes, other documents and articles that may be used for entry into and departure from the Republic of Korea for the purpose of having a group of aliens illegally enter or depart from the Republic of Korea, or enter any other country via the Republic of Korea, in violation of Article 12-3 (1);

3. A person who allows aliens who illegally entered the Republic of Korea to harbor in or escape from the Republic of Korea in a group, or provides or arranges a means of transportation for the purpose of harboring or allowing such aliens to escape, in violation Article 12-3 (2).

[This Article Wholly Amended by Act No. 10282, May 14, 2010]

Article 93-3 (Penalty Provisions)

Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won:

1. A person who enters the Republic of Korea without undergoing an entry inspection, in violation of Article 12 (1) or (2);

2. A person who divulges confidential information that he/she has learned in the course of performing his/her duties to any third person or uses it for other purposes than his/her duties, in violation of Article 91-2 (3);

2. A person who commits a violation provided in any subparagraph of Article 93-2 (2) (excluding a person who commits such violation for profit-making).

[This Article Wholly Amended on Mar. 24, 2020]

Article 94 (Penalty Provisions)

Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won:

1. A person who departs from the Republic of Korea without undergoing a departure inspection, in violation of Article 3 (1);

2. A person who enters the Republic of Korea, in violation of Article 7 (1) or (4);

3. A person who violates Article 7-2;

4. A person who violates Article 12-3 and does not fall under Article 93-2 (2) or subparagraph 1 or 3 of Article 93-3;

5. A person who lands without obtaining landing permission for crew under Article 14 (1) or landing permission for tourism under Article 14-2 (1);

6. A person who violates any of the conditions imposed on landing permission for crew under Article 14 (3) or landing permission for tourism under Article 14-2 (3);

7. A person who overstays his/her authorized period of stay in the Republic of Korea or stays not in compliance with his/her status of stay, in violation of Article 17 (1);

8. A person who engages in employment without obtaining the status of stay that entitles the person to engage in job-seeking activities, in violation of Article 18 (1);

9. A person who hires a person not granted status of stay that entitles the person to engage in job-seeking activities, in violation of Article 18 (3);

10. A person who arranges or solicits, as his/her business, the employment of an alien not granted status of stay that entitles the alien to engages in employment, in violation of Article 18 (4);

11. A person who places an alien not granted status of stay that entitles the alien to engage in job-seeking activities, under his/her control, in violation of Article 18 (5);

12. A person who engages in activities permitted under a different status of stay without obtaining permission to engage in activities not covered by his/her original status of stay, in violation of Article 20;

13. A person who arranges, as his/her business, the employment of an alien who fails to obtain permission for change or addition of his/her workplace, in violation of Article 21 (2);

14. A person who violates any restriction, etc. imposed under Article 22;

15. A person who stays in the Republic of Korea without obtaining the status of stay, in violation of Article 23;

16. A person who engages in activities permitted by a different status of stay without obtaining permission to change his/her status of stay, in violation of Article 24;

17. A person who continues overstaying his/her authorized period of stay in the Republic of Korea without obtaining an extension of his/her period of stay, in violation of Article 25;

17-2. A person who violates Article 26;

18. A person who departs from the Republic of Korea without undergoing a departure inspection, in violation of Article 28 (1) or (2);

19. A person who violates Article 33-3;

20. A person who violates Article 69 (including cases to which the aforementioned Article shall apply mutatis mutandis pursuant to Article 70 (1) and (2)).

[This Article Wholly Amended on May 14, 2010]

Article 95 (Penalty Provisions)

Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won:

1. A person who enters the Republic of Korea without undergoing an entry inspection, in violation of Article 6 (1);

2. A person who violates any of the conditions imposed on conditional entry permission under Article 13 (2);

3. A person who lands without obtaining emergency landing permission under Article 15 (1), landing permission in distress under Article 16 (1), or temporary landing permission for refugees under Article 16-2 (1);

4. A person who violates any of the terms or conditions of permission under Article 15 (2), 16 (2) or 16-2 (2);

5. A person who works at the workplace, other than the designated workplace, in violation of Article 18 (2);

6. A person who changes or adds his/her workplace without obtaining permission, in violation of the main sentence of Article 21 (1), or a person who employs an alien who fails to obtain permission for change or addition of his/her workplace, in violation of Article 21 (2);

7. A person who violates his/her obligation to file for registration under Article 31;

8. A person who flees while being detained or temporarily detained under Article 51 (1) or (3), 56 or 63 (1), or a person who flees while being escorted for detention, deportation, etc. (excluding persons falling under Article 93-2 (1) 1 or 2);

9. A person who violates any of the restrictions on his/her residence or other conditions imposed under Article 63 (5);

10. Deleted.

[This Article Wholly Amended by Act No. 10282, May 14, 2010]

Article 96 (Penalty Provisions)

Any of the following persons shall be punished by a fine not exceeding ten million won:

1. A person who violates an order for temporary suspension of departure, an order for return, or a restriction on access to a ship, etc. under Article 71 (4) (including cases to which the aforementioned provision shall apply mutatis mutandis pursuant to Article 70 (1) and (2));

2. A person who fails to comply with any of the provisions of Article 73 (including cases to which the aforementioned Article shall apply mutatis mutandis pursuant to Article 70 (1) and (2)), or a request for perusal or submission of documents, in violation of Article 73-2 (1) (including cases to which the aforementioned paragraph shall apply mutatis mutandis pursuant to Article 70 (1) and (2)), or (3) (including cases to which the aforementioned paragraph shall apply mutatis mutandis pursuant to Article 70 (1) and (2)), without justifiable ground;

3. A person who fails to submit a report under Article 75 (1) (including cases to which the aforementioned paragraph shall apply mutatis mutandis pursuant to Article 70 (1) and (2)), or (2) (including cases to which the aforementioned paragraph shall apply mutatis mutandis pursuant to Article 70 (1) and (2)) or submits a false report, without justifiable ground.

[This Article Wholly Amended by Act No. 10282, May 14, 2010]

Article 97 (Penalty Provisions)

Any of the following persons shall be punished by a fine not exceeding five million won:

1. A person who arranges or solicits the employment of an alien not granted status of stay that entitles the alien to engage in job-seeking activities, in violation of Article 18 (4) (excluding a person engaged in it as his/her business);

2. A person who arranges the employment of an alien who fails to obtain permission to change or add his/her workplace, in violation of Article 21 (2) (excluding a person engaged in it as his/her business);

3. A person who enters a ship, etc. or a place of immigration inspection without obtaining permission, in violation of Article 72 (including cases to which the aforementioned Article shall apply mutatis mutandis pursuant to Article 70 (1) and (2));

4. A person who breaches the obligation to submit or give notice under Article 74 (including cases to which the aforementioned Article shall apply mutatis mutandis pursuant to Article 70 (1) and (2));

5. A person who breaches the obligation to report or take measures for prevention under Article 75 (4) (including cases to which the aforementioned paragraph shall apply mutatis mutandis pursuant to Article 70 (1) and (2)), or (5) (including cases to which the aforementioned paragraph shall apply mutatis mutandis pursuant to Article 70 (1) and (2));

6. A person who breaches the obligation to repatriate under Article 76 (1) (including cases to which the aforementioned Article shall apply mutatis mutandis pursuant to Article 70 (1) and (2));

7. A person who fails to surrender his/her certificate of refugee status recognition or refugee travel document, in violation of Article 76-6 (1), or a person who violates an order to surrender his/her refugee travel document under Article 76-6 (2).

[This Article Wholly Amended by Act No. 10282, May 14, 2010]

Article 98 (Penalty Provisions)

Any of the following persons shall be punished by a fine not exceeding one million won:

1. A person who violates his/her obligation to carry or present a passport, etc. under Article 27;

2. A person who violates his/her obligation to report any change on his/her place of stay under Article 36 (1);

[This Article Wholly Amended by Act No. 10282, May 14, 2010]

Article 99 (Persons who Attempt to Commit Crimes)

(1) A person who plans or conspires to commit a crime provided in Article 93-2, subparagraphs 1 and 3 of Article 93-3, subparagraphs 1 through 5 or 18 of Article 94, or subparagraph 1 of Article 95, or a person guilty of an attempt to commit such crime shall be punished as if the person committed the respective crime.

(2) A person who aids or abets the conduct referred to in paragraph (1) shall be punished as if the person were a principal offender.

[This Article Wholly Amended on May 14, 2010]

Article 99-3 (Joint Penalty Provisions)

Where the representative of a corporation, or an agent, employee, or any other servant of the corporation or an individual commits any of the following violations in connection with the business affairs of the corporation or the individual, not only shall such violator be punished, but also the corporation or individual shall be punished by a fine under the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant affairs to prevent such violation:

1. A violation provided for in subparagraph 3 of Article 94;

2. A violation provided for in subparagraph 9 of Article 94;

2-2. A violation provided for in subparagraph 10 of Article 94;

3. A violation provided for in subparagraph 1 of Article 33-3, among violations provided for in subparagraph 19 of Article 94;

4. A violation provided for in subparagraph 20 of Article 94;

5. Employment of an alien who fails to obtain prior permission to change or add his/her workplace in violation of Article 21 (2), among violations provided for in subparagraph 6 of Article 95;

6. Violations provided for in subparagraphs 1 through 3 of Article 96;

7. Violations provided for in subparagraphs 4 through 6 of Article 97.

[This Article Wholly Amended on May 14, 2010]

Article 99-3 (Joint Penalty Provisions)

Where the representative of a corporation, or an agent, employee, or any other servant of the corporation or an individual commits any of the following violations in connection with the business affairs of the corporation or the individual, not only shall such violator be punished, but also the corporation or individual shall be punished by a fine under the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant affairs to prevent such violation:

1. A violation provided for in subparagraph 3 of Article 94;

2. A violation provided for in subparagraph 9 of Article 94;

2-2. A violation provided for in subparagraph 10 of Article 94;

3. A violation provided for in subparagraph 1 of Article 33-3, among violations provided for in subparagraph 19 of Article 94;

4. A violation provided for in subparagraph 20 of Article 94;

5. Employment of an alien who fails to obtain prior permission to change or add his/her workplace in violation of Article 21 (2), among violations provided for in subparagraph 6 of Article 95;

6. Violations provided for in subparagraphs 1 through 3 of Article 96;

7. Violations provided for in subparagraphs 4 through 6 of Article 97.

[This Article Wholly Amended on May 14, 2010]

Article 100 (Administrative Fines)

(1) Any of the following persons shall be subject to an administrative fine of not exceeding two million won:

1. A person who violates his/her duty to report under Article 19;

2. A person who violates Article 19-4 (1) or any of the subparagraphs of Article 19-4 (2);

3. A person who violates his/her duty to report under the proviso to Article 21 (1);

4. A person who fails to have a certificate of permanent residency re-issued in violation of Article 33 (4) or 33-2 (1);

5. A person who negligently fails to submit an entry or departure report under Article 75 (1) (including cases to which the aforementioned paragraph shall apply mutatis mutandis pursuant to Article 70 (1) and (2)), or (2) (including cases to which the aforementioned paragraph shall apply mutatis mutandis pursuant to Article 70 (1) and (2)), or a person who submits a false report with regard to descriptions of nationality, name, gender, date of birth, and passport number on three or more occasions during the latest one year.

(2) Any of the following persons shall be subject to an administrative fine of not exceeding one million won:

1. A person who violates Article 35 or 37;

2. A person who violates Article 79;

3. A person who refuses or evades an immigration control official’s request to present books or materials under Article 81 (4).

(3) Any of the following persons shall be subject to an administrative fine of not exceeding 500,000 won:

1. A person who fails to apply for issuance of an alien registration certificate, in violation of Article 33 (2);

1-2. A short-term staying alien who fails to provide materials such as a passport, in violation of Article 81-3 (1);

1-3. An accommodation business operator who fails to submit materials provided by short-term staying aliens in violation of Article 81-3 (2), or submits false materials;

2. A person who makes any false statement in an application or a report filed under this Act (excluding the persons who fall under subparagraph 17-2 of Article 94).

(4) Administrative fines provided in paragraphs (1) through (3) shall be imposed and collected by the heads of Regional Immigration Services, as prescribed by Presidential Decree.

(5) The Minister of Justice may exempt an immigration offender from an administrative fine prescribed in this Act in consideration of his/her age and background, the motive for and consequences of a violation of the Act, capacity to bear an administrative fine, and other circumstances.

[This Article Wholly Amended on May 14, 2010]

Enforcement Ordinance