'Immigration offender' refers to a person who is recognized to have committed a crime under the provisions of Articles 93-2 (penalty) to 100 (fine) of the Immigration Control Act. In other words, an immigration offender is a person who commits a crime that is subject to criminal punishment notice Disposition of notification means that when confirmation of a crime is obtained as a result of investigation into an immigration offender, the reason is clearly stated and the ‘amount equivalent to the fine (penalty)’ is notified in writing to be paid to the designated place.
or a fine for violating orders or prohibitions stipulated in the Immigration Control Act. For example, if a foreigner who entered Korea with a short-term visa stays over the Period of Residence or if a registered foreigner stays without permission to extend the Period of Residence, he or she becomes an illegal resident and is also an immigration offender violating the Immigration Control Act. In addition, even if a foreigner who does not have the status of residence that permits employment is not hired, if he or she hires a foreigner, he or she may be punished for illegal employment.
The standard for fines for illegal stays varies depending on the period of illegal stay, such as 1 million won for less than 1 month and 2 million won for less than 6 months. Immigration offenders are subject to fines, except for those subject to accusation, in accordance with the ‘Detailed Penalty Correction Standards’. However, the head of the local immigration office may reduce the fine by taking into account the age and environment of the immigration offender, the motive and result of the violation, the ability to bear the fine, and the number of violations of the Immigration Control Act. ▴The motive for the crime and the circumstances after the crime (degree of damage and agreement), ▴Criminal history and possibility of recidivism, ▴Registration with family members in Korea (living with spouses or parents of citizens and permanent residents, etc.) , ▴investment amount and tax payment performance, ▴long-term stay (usually more than 5 years), and ▴concerns about loss of living standards upon departure, etc.


Recently, there has been an increase in cases where the Ministry of Justice's Immigration Office loses in court due to its discretionary exercise of departure measures violating the principle of proportionality, despite no issues with the legality of the punishment given to foreign criminal offenders who received fines. In response, the Ministry of Justice's Immigration Office has instructed its staff to conduct thorough investigations into factors such as the foreigner's motive for violating the law, whether the violation was intentional or due to negligence, their family relations and living situation in Korea, and their livelihoods, before making reasonable decisions on whether to allow departure or not, especially for long-term residents like those with a different identity or a spousal visa. Moreover, the Ministry has ordered that for overseas Koreans and foreign investors who are subject to immigration control under the "Guidelines for Immigration Control," humanitarian and economic activity reasons should be more broadly recognized when considering their entry prohibition, suspension, or special release.
On the other hand, even for those subject to departure orders, those who fall into the following categories may be allowed to continue their stay in the country after requesting compliance with the law: ① Individuals who hold long-term residence status, such as F-2 and F-6 (spousal visa) and whose livelihood may be lost if they are forcibly deported to their home country; ② Individuals who work for foreign companies operating in Korea, such as D-7 (resident of a foreign company), D-8 (investor in a company), and D-9 (trade management) visa holders, who are deemed to contribute to Korea's economic development; ③ Individuals who have previously held Korean nationality or who are deemed to be appropriate for continued residence in Korea due to humanitarian reasons, as recognized by the head of a local immigration office. F-5 visa holders are not subject to forced deportation simply for receiving a fine.
It should be noted that the procedure for granting stay permits to foreigners who have been subject to criminal punishment is as follows: ① A petitioner applies for a stay permit at the management department of a local immigration office, ② A stay permit officer confirms the criminal record through an online inquiry system of the police agency, ③ The case is reviewed by the crime and punishment department, ④ The crime and punishment department determines whether to order deportation, issue a departure order, or grant a stay permit, and if a stay permit is granted, the case is referred back to the management department, ⑤ The management department grants the stay permit according to the decision of the crime and punishment department.

■ Cases of Allowing Domestic Stay of Individuals Subject to Departure Measures
Firstly, regarding “K”, a Syrian national who was fined 7 million won for violating Article 7 of the Immigration Control Act (false invitation), despite the fact that he had a criminal record and should have been subject to forced deportation, the immigration authorities allowed him to stay in Korea after considering humanitarian reasons. “K” had stated during interrogation that he had invited individuals to help them escape from the civil war in Syria and had been staying in Korea for over 10 years as a D-8 investor. It was also pointed out that he would suffer significant damage if he were forcibly deported back to Syria and that he had submitted a pledge to abide by the law and accept any punishment if he violated it in the future.
Secondly, “P,” a Russian national, entered Korea in 2005 using a passport under someone else's name and stayed in Korea as an E-6 artist until 2009, when he was granted an F-5 residence status. In 2017, he was reported as a suspected mismatch of identity by the airport immigration office, and it was discovered that he had changed his name without reporting it. As a result, he was deemed to have engaged in an act that could harm Korea's interests or public safety under Article 11(3) of the Immigration Control Act (entry ban). However, he was allowed to stay in Korea after the embassy of the Russian Federation in Korea confirmed that he had legally changed his name through proper procedures. It was also taken into account that he had been residing in Korea for over 10 years, was married to a Korean national, had children, and had submitted a pledge to abide by the law and accept any punishment if he violated it in the future.
Thirdly, “C,” a Canadian citizen born in Korea, received an order to leave Korea and was subject to a one-year entry ban due to his criminal conviction under the Immigration Control Act. However, the immigration authorities allowed him to enter Korea after considering humanitarian reasons, such as the fact that he had been living in Korea for over 10 years as an F-4 overseas Korean, that his spouse was also residing in Korea as an F-4 overseas Korean, that he was raising his children who were born and studying in Korea, and that 10 employees of his restaurant would lose their jobs if he did not return to Korea to operate his business. The immigration authorities submitted a request for approval of the lifting of entry restrictions to the Minister of Justice, who granted a special exemption from the entry ban.

■ 'Unified Standards for Restriction of Stay Permits' Related to Handling Immigration Offenders Ministry of Justice, Stay Management Division-2620 (May 20, 2014)

Foreigners who have committed criminal offenses or immigration offenses are subject to screening decisions based on the "Standards for Issuing Visas and Managing Stays" and "Standards for Prohibiting Entry," with decisions on departure measures or permission to stay being made during the screening process.

❍ Standards for Restricting Stay Permits for Foreigners Subject to Fines
As a general rule, foreigners who have been fined for violating the Immigration Control Act and whose fines amount to 5 million won or more for first-time offenders and 7 million won or more for repeat offenders within the past three years will not be allowed to stay and will be subject to departure measures. However, consideration will be given to allowing them to stay in the country if they hold qualifications such as resident (F-2), overseas Korean (F-4), or spouse of a Korean national (F-6), taking into account national interests and humanitarian reasons.
"National interests" refers to those who employ Korean nationals, have outstanding tax records, or are high-value investors, while "humanitarian reasons" refer to cases where humanitarian considerations are needed due to pregnancy, childbirth, the upbringing of minors, illness, etc. In addition, foreigners without nationality or those born in Korea who cannot be deported or whose livelihoods are firmly established in Korea and cannot be practically deported will also be allowed to stay in the country.

❍ Criteria for Deportation of Foreign Criminal Offenders Who Have Been Sentenced to a Fine
People who have been sentenced to a fine of over 3 million won for violating criminal laws, those whose total fines within the last 5 years exceed 5 million won, and those who have been sentenced to a fine of more than twice within the last 2 years or more than three times within the last 5 years are generally subject to exit restrictions. In particular, those who have been convicted of drug crimes, sexual crimes, voice phishing, violent crimes such as assault, injury, and obstruction of official duties, those who have been caught using a fake or altered passport after being sentenced to a fine for providing false information in marriage registration due to fake marriage, and those who have been convicted of more than three counts of non-prosecution or suspended sentence (including suspended sentence) within the last 5 years are also subject to exit restrictions as habitual offenders. Additionally, those who violate the special provisions of the Road Traffic Act with fines of over 5 million won, those who have been involved in accidents with no agreement with the victims, even if the fine is less than 5 million won, and those who have been sentenced to a fine of more than three times within the last 5 years, including violations of the Road Traffic Act, are also subject to exit restrictions.