- Staying even one day past your permitted period violates Articles 17(1) and 25(1) of the Immigration Act. There is no grace period.
- The criminal ceiling is imprisonment of up to 3 years or a fine of up to KRW 30 million (Article 94). In practice the office often issues a notice of a payment-in-lieu fine (tonggo cheobun) using the Annex 7 standard amounts, from KRW 500,000 (under one month) to KRW 30 million (7 years or more).
- Deportation, a departure order or a departure recommendation are separate administrative routes. The law sets a 5-year entry-ban ground after deportation but does not publish a fixed ban table for overstay length.
- Voluntary departure through HiKorea pre-notification (3 to 15 days before leaving) is the official route for people who intend to leave.
Amounts are legal standard amounts, not an estimate of what any individual will be charged.
1. What Counts as Overstaying Under Korean Law
A foreigner may stay in Korea only within the status of stay and the period of stay that were granted (Immigration Act Article 17(1)). To stay longer, the person must obtain an extension permit from the Minister of Justice before the period ends (Article 25(1)). Staying past the end date without that permit is an overstay. The Act contains no grace period, so the violation begins the day after the authorized stay expires.
Overstay is different from other status violations. Working without a work-eligible status (Article 18), doing activities outside your status without permission (Article 20) and changing status without permission (Article 24) are separate provisions with their own rows in the fine schedule. This guide covers the overstay rows.
- Legal basis for the violation: Articles 17(1) and 25(1) of the Immigration Act.
- Criminal provisions: Article 94, item 7 (staying outside the scope of status or period) and item 17 (staying beyond the period without an extension permit): imprisonment of up to 3 years or a fine of up to KRW 30 million.
- Deportation ground: Article 46(1)(8) lists people who violate Articles 17, 18, 20, 23, 24 or 25.
2. Fine Schedule for Overstay (Statutory Standard Amounts)
What is commonly called an overstay "fine" is, in most cases, a payment-in-lieu fine (beomchikgeum) notified by the immigration office under Article 102 after it has investigated the violation. It is not the administrative fine (gwataeryo) of Article 100, which covers other duties such as reporting obligations. The standard amounts are set by Annex 7 of the Enforcement Rules (Article 86(1)).
| Overstay period | Art. 94 item 17 (stayed past the period without an extension permit, Art. 25) | Art. 94 item 7 (stayed outside the status or period, Art. 17(1)) |
|---|---|---|
| Under 1 month | KRW 500,000 | KRW 2,000,000 |
| 1 month to under 3 months | KRW 1,000,000 | KRW 3,000,000 |
| 3 months to under 6 months | KRW 2,000,000 | KRW 4,000,000 |
| 6 months to under 1 year | KRW 5,000,000 | KRW 7,000,000 |
| 1 year to under 2 years | KRW 10,000,000 | KRW 10,000,000 |
| 2 years to under 3 years | KRW 15,000,000 | KRW 15,000,000 |
| 3 years to under 5 years | KRW 20,000,000 | KRW 20,000,000 |
| 5 years to under 7 years | KRW 25,000,000 | KRW 25,000,000 |
| 7 years or more | KRW 30,000,000 | KRW 30,000,000 |
How the standard amount can change
- The head of the office may reduce or increase the standard amount by up to one half after considering age and circumstances, motive and result of the violation, ability to pay and the number of violations (Rules Article 86(2)).
- With the Minister of Justice's approval, an amount different from the standard may be set, and the fine can be waived (Rules Article 86(3); Act Article 103(2)).
- A notice of payment-in-lieu is issued only when the investigation confirms the violation. If the facts suggest a sentence of imprisonment or more, the case is referred for prosecution instead (Article 102(3)).
- Payment is due within 15 days of receiving the notice. If it is not paid, the office must file a criminal complaint, unless a deportation order has been issued (Article 105).
3. What Immigration Can Do: Fine, Prosecution, Departure Order or Deportation
The Act gives immigration several tools, and more than one can be used in the same case.
| Route | What it means |
|---|---|
| Payment-in-lieu fine (tonggo cheobun) | The office notifies a fine amount after investigation; paying as notified means the same case is not punished again (Art. 106); payment is due within 15 days (Art. 105). |
| Criminal complaint and prosecution | Overstay is punishable by up to 3 years of imprisonment or a fine of up to KRW 30 million. Prosecution requires the office's complaint (Art. 101). |
| Departure recommendation | For minor violations of Art. 17 or 20. A deadline of up to 5 days may be set. |
| Departure order | For a person who wants to leave at their own expense. A departure deadline of up to 30 days is set, conditions may be attached, and a deposit of up to KRW 20 million may be required. If the person does not leave by the deadline, a deportation order must be issued. |
| Deportation | The head of the office "may" deport a person who violated Art. 25 among others. Detention before an order requires reasonable suspicion plus a risk of flight (Art. 51). A person ordered deported can be held for up to 2 months while transport is arranged, extendable within the limits of Art. 63. |
A person with a deportation order can file an objection with the Minister of Justice (Article 59(4) requires the office to inform the person of this right). Because the choice among these routes turns on the facts, it is made by the immigration office, not by the foreigner.
4. Re-entry Ban: What the Law Actually Says
Many websites publish a table matching overstay length to a ban length such as 1, 2, 3 or 5 years. We could not find such a table in the Immigration Act, its Enforcement Decree or its Enforcement Rules, so this guide does not repeat one. What the law does say:
- After deportation: Article 11(1)(6) lets the Minister of Justice ban entry of a person who left after a deportation order and for whom 5 years have not passed.
- Discretionary grounds: Article 11(1) also allows an entry ban on people likely to harm public safety or economic and social order (items 3 and 4) and people judged unsuitable to enter (item 8).
- Requests and release: Decree Articles 13 and 14 cover how entry-ban data is managed and how other government bodies request or release a ban.
- Departure order: Article 11(1)(6) is written for deportation orders. The statute does not fix a ban period for a person who leaves under a departure order (Article 68). Related restrictions appear in other rules, for example in the permanent residence requirements (see section 6).
- Ministry of Justice guidance: the Ministry's immigration site states that people who leave voluntarily receive eased entry-ban treatment and that, since July 2020, paying the fine leads to an exemption from the ban (page updated February 2025). Actual terms can change, so confirm them with the immigration office.
5. Voluntary Departure and Departure Orders
The Ministry of Justice operates a voluntary departure system for foreigners who are in Korea without a valid stay. Since October 2019 a person is expected to report in advance instead of simply appearing at the airport.
- Report your intention to leave through HiKorea (hikorea.go.kr, "self-departure pre-notification") 3 to 15 days before your departure date, including holidays. For very early or late flights, HiKorea says a notification in person at the nearby immigration office is needed instead.
- On the departure day, visit the airport immigration office (HiKorea advises arriving 4 hours before the flight) where the fine assessment and payment and the effect on the entry ban are explained.
- People who already hold a deportation order or have a criminal record may not be able to use the same-day airport route, according to HiKorea.
- If you cannot leave by the deadline because of illness or another unavoidable reason, you may apply for a postponement of the departure deadline using the form prescribed in Rules Article 33.
- If you are formally given a departure order (Article 68), the deadline is set at up to 30 days (Rules Article 65(1)), and you must leave by then to avoid a deportation order.
6. How an Overstay Record Affects Later Applications
An overstay or related penalty stays on the record and can matter for later applications. The following points are stated in the Immigration Enforcement Rules and in the Ministry of Justice residence manual (revision of 1 September 2026). None of them is a promise that an application will fail or succeed.
- F-2-7 points visa: the manual deducts points for violations of the Immigration Act: 10 points for penalties of KRW 500,000 to under KRW 1 million, 20 points for KRW 1 million to under KRW 3 million, and 30 points for KRW 3 million or more, a departure order or deportation. Payment-in-lieu fines count if paid within 3 years before the application date, and departure orders or deportations within 5 years. The maximum total deduction is 70 points.
- F-5 permanent residence: Enforcement Rules Article 18-4(1)(1) excludes people within 7 years after leaving under a deportation order and within 5 years after leaving under a departure order, and people who violated the Act 3 or more times in the last 5 years (administrative fines excluded).
- Changing to F-2-99: the manual states that time spent in illegal stay is excluded when counting the years of residence, and that a status change is discouraged for people in illegal stay. A complete departure under a departure order or deportation breaks the continuity of residence.
See the F-2-7 points visa page and the F-2-7 points visa blog guide for the full scoring table, and Korea entry ban for how ban checks are handled.
7. Prevention Checklist
- Apply for an extension before your period ends. Article 25(1) requires the permit to be obtained before expiry, and the Decree (Article 31) requires the application to be filed before the period ends. Do not wait for the last day.
- If you have finished your activities and only need a short time to travel or arrange a departure, the head of the office can grant a stay extension for departure (Rules Article 32); extensions of more than 30 days need approval from the Minister of Justice.
- If you want to change workplaces within your status, obtain permission before the change, or report within 15 days if you belong to the categories that only need to report (Article 21(1)).
- If your circumstances change (loss of job, divorce, leaving school), review your status options before the stay period runs out, not after.
- Keep your alien registration card details and expiry date on your calendar and check them regularly through HiKorea.
8. When Maintaining Your Status Becomes Difficult
If you have lost the ground for your current status, the safest position is to act before your stay expires: apply for an extension, apply for a change of status if you qualify, or arrange a departure. Once the period has passed, the options narrow to a fine, a departure route or the office's discretionary decisions.
VISAS KOREA (Vision Administrative Office) is an administrative agency office. We prepare and file immigration applications, explain the procedure and check documents. Criminal proceedings and litigation are outside the scope of an administrative agent. If you would like us to review your situation, you can start with the consultation form.
FAQ
Q. Is there a grace period for overstaying in Korea?
A. No. Article 17(1) of the Immigration Act allows a foreigner to stay only within the status and period granted, and Article 25(1) requires an extension permit to be obtained before the period ends. The day after your authorized period ends, you are in violation.
Q. How much is the fine for overstaying a few days?
A. Annex 7 of the Enforcement Rules sets a standard amount of KRW 500,000 for an overstay of less than one month where no extension permit was obtained (Article 94, item 17), and KRW 2,000,000 under the separate row for staying outside the status or period of stay (Article 94, item 7). The office may reduce or increase the standard amount by up to one half (Enforcement Rules Article 86(2)), so the amount actually notified can differ.
Q. Does voluntary departure reduce the fine or the entry ban?
A. The Rules let the office lower a fine by up to half after considering the person's circumstances, and the Ministry of Justice states on its immigration site that voluntary departure eases entry restrictions and, per that page (updated February 2025), that paying the fine can lead to an exemption from the entry ban. The statutes do not fix discount percentages or ban lengths for voluntary departure, so the terms should be confirmed with the immigration office before you act.
Q. Will I be deported immediately if I am found overstaying?
A. Not automatically. Deportation is a discretionary power under Article 46(1)(8) ("may"), and detention under Article 51 requires reasonable grounds to suspect a deportable violation together with a risk of flight. The Act also provides softer routes: a departure recommendation (Article 67, for minor violations, with a deadline of up to 5 days) and a departure order (Article 68, for people who wish to leave at their own expense).
Q. How long is the re-entry ban after overstaying?
A. Article 11(1)(6) allows the Minister of Justice to ban entry of a person who left Korea under a deportation order and for whom 5 years have not yet passed. The Act, Decree and Rules do not contain a table linking ban length to the length of overstay, so periods such as "1 year" or "3 years" seen elsewhere cannot be confirmed from the law itself. Ask the immigration office or check the current Ministry of Justice guidance for your case.
Q. Can I get a visa or permit again after an overstay record?
A. An application is judged on its own facts, and no outcome can be promised. What the law and the manual do state: the F-2-7 points system deducts 10 to 30 points for immigration-law penalties (30 for a departure order or deportation within 5 years), and F-5 permanent residence is not available within 5 years of leaving under a departure order or 7 years under a deportation order (Enforcement Rules Article 18-4).
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