If your search started with overstaying a visa in Korea, it helps to know what the official HI KOREA pages used for this guide actually cover. They give the legal definition of an "immigration offender" under the Immigration Act, state that there are procedures for dealing with an immigration offender, and describe deportation and the objection against a deportation order. The Act contains penalty provisions that prohibit or order specific conduct so that immigration administration is executed fairly and order is maintained, and when those provisions are violated, penalties are given to ensure compliance with the laws.
This guide follows those two pages and nothing more: the page on the definition and investigation of an immigration offender, and the page on the decision made about an immigration offender. It sets out the articles behind the definition, the grounds in Article 46 (1) that can lead to deportation, how a deportation order is executed, and the written objection you may file. For how any of this applies to your own situation, ask the office handling your case or call the 1345 Immigration Contact Center, and confirm the current rules on the official page before you act.
At a glance
| Item | Details |
|---|---|
| Who is an "immigration offender" | A person deemed to have committed any of the offences prescribed in Articles 93-2, 93-3, 94 through 99, 99-2, 99-3 and 100 of the Immigration Act |
| Why the penalty provisions exist | So that immigration administration is executed fairly and order is maintained; penalties are given to ensure compliance with the laws |
| Strongest measure | Deportation, which bars the person from staying in Korea and removes them beyond Korean borders regardless of their wishes |
| Deportation grounds | The subparagraphs of Article 46 (1) of the Immigration Act |
| Where a deportation order sends you | The country of which the person is a national or has citizenship |
| Objection deadline | A written objection within seven days from the day the suspect receives the written order of deportation |
| If your question is overstaying a visa in Korea | These pages cover the immigration offender definition, deportation and the objection; for your own case, ask the office handling it or the 1345 Immigration Contact Center |
| Immigration contact line | The 1345 Immigration Contact Center, Mon–Fri 09:00–22:00, excluding public holidays (call charge) |
What counts as an immigration offender
The term "immigration offender" has a precise meaning in Korean law. It refers to a person deemed to have committed any of the offences prescribed in Articles 93-2, 93-3, 94 through 99, 99-2, 99-3 and 100 of the Immigration Act. If conduct falls under one of those provisions, the person can be treated as an immigration offender.
Those provisions exist for a stated purpose. The Immigration Act includes regulations, described as penalty provisions, that prohibit or order specific conduct for the fair execution of the immigration administration or the maintenance of order. When the regulations are violated, penalties are given to ensure compliance with the laws.
The definition names a list of articles rather than the whole Act. So the first practical question in any case is which article of the Immigration Act is being applied to you. Deportation is treated separately in the official guidance, under Article 46 (1), and is covered further down this page.
- The term refers to a person deemed to have committed an offence prescribed in the listed articles of the Immigration Act.
- It covers the articles listed in the definition, not every rule in the Act.
- The official guidance refers to procedures for dealing with an immigration offender, so ask which procedure applies to you.
What to do while your case is being handled
- Keep every document you are given, including any written order, and note the exact date you received it.
- Read which article of the Immigration Act is cited in your paperwork.
- Ask the office handling your case which procedure for dealing with an immigration offender applies to you.
- Call the 1345 Immigration Contact Center, Monday to Friday 09:00 to 22:00, excluding public holidays, if you need to reach immigration by phone.
- Check the official HI KOREA page for the current rules before you sign or submit anything.
⚠️ The Act’s penalty provisions are the starting point for any case, so identify which provision is being applied to you.
Deportation and who can be subject to it
Deportation is described in the official guidance as the strongest type of administrative measure for foreigners who offend against the Immigration Act. It does not only forbid the person from staying in Korea. It also deports them to land outside Korean borders, regardless of their wishes.
The people who can be subject to deportation are those covered by Article 46 (1) of the Immigration Act. The two tables below restate that list as it appears in the official guidance. The article numbers are given exactly as the Act gives them.
| Subparagraph | Ground as listed in Article 46 (1) |
|---|---|
| 1 | A person who violates Article 7 |
| 2 | A foreigner who violates Article 7-2, or who enters Korea by such conduct as a false invitation stipulated in the same Article |
| 3 | A person who has become, or is subsequently found to be, subject to grounds for prohibition of entry under the subparagraphs of Article 11 (1) |
| 4 | A person who violates Article 12 (1) or (2), or Article 12-3 |
| 5 | A person who violates any of the terms or conditions of permission imposed by the head of the Regional Immigration Service under Article 13 (2) |
| 6 | A person who lands without obtaining permission required under Article 14 (1), 14-2 (1), 15 (1), 16 (1) or 16-2 (1) |
| 7 | A person who violates terms or conditions of permission imposed under Article 14 (3), 15 (2), 16 (2) or 16-2 (2) |
| Subparagraph | Ground as listed in Article 46 (1) |
|---|---|
| 8 | A person who violates Article 17 (1) or (2), Article 18, 20, 23, 24 or 25 |
| 9 | A person who changes or adds a workplace without permission, in violation of the main sentence of Article 21 (1), or who employs or arranges the employment of a foreigner in violation of Article 21 (2) |
| 10 | A person who violates a restriction on residence or scope of activity, or other matters to be observed prescribed by the Minister of Justice under Article 22 |
| 10-2 | A foreigner who violates Article 26 |
| 11 | A person who attempts to depart from Korea in violation of Article 28 (1) or (2) |
| 12 | A person who violates the obligation to file for alien registration under Article 31 |
| 12-2 | A foreigner who violates Article 33-3 |
| 13 | A person released after having been sentenced to imprisonment without labor or heavier punishment |
| 14 | Any other person specified by Ordinance of the Ministry of Justice, equivalent to a person referred to in subparagraphs 1 through 10, 10-2, 11, 12, 12-2 and 13 |
⚠️ Subparagraph 14 means the list can reach cases set by Ordinance of the Ministry of Justice, so the official page is the only reliable reference for your situation.
How a deportation order is carried out
If a deportation order is issued, the guidance states where the person goes. A foreigner subject to a deportation order will be repatriated to the country of which the person is a national or has citizenship. That is how the guidance describes the execution of the order.
The measure is administrative, and the guidance stresses that it applies regardless of the person’s wishes. That is why it is described as the strongest type of measure for foreigners who offend against the Immigration Act.
Objecting to a deportation order
The guidance gives one clear deadline, and it uses the word "suspect" for the person concerned. If a suspect intends to object to a deportation order, the suspect may file a written objection within seven days from the day he or she receives the written order of deportation.
The seven days are counted from the day the written order of deportation is received, so the day you are handed the order matters.
The three parts of the rule
- The objection must be in writing.
- It must be filed within seven days.
- The seven days are counted from the day the suspect receives the written order of deportation.
Because the period is short, keep the written order itself and anything that shows the date. If you are not sure how to file, ask the office handling your case or call the 1345 Immigration Contact Center during its operating hours.
⚠️ Seven days from receipt is the deadline the official guidance gives for objecting to a deportation order, so do not wait to see what happens.
Common mistakes when reading the rules on overstaying a visa in Korea
The most common error when reading about overstaying a visa in Korea is guessing at numbers. The pages cited here cover the definition of an immigration offender, deportation and the written objection, and they are not a source for fines, costs, re-entry or processing times. For anything beyond what these pages state, ask the office handling your case or call the 1345 Immigration Contact Center.
- Assuming your case matches a friend’s case, when a different subparagraph of Article 46 (1) may apply.
- Missing the seven-day window for a written objection because you were waiting for advice.
- Not recording the date you received the written order of deportation.
- Ignoring which article of the Immigration Act is cited in your paperwork.
- Assuming the destination of removal is something you choose, when the guidance states that repatriation is to the country of which the person is a national or has citizenship.
Handling can also differ by office and by your own status, because the Act refers to terms or conditions of permission imposed by the head of the Regional Immigration Service, and to matters prescribed by the Minister of Justice. The 1345 Immigration Contact Center operates Monday to Friday, 09:00 to 22:00, excluding public holidays, and a call charge applies. From overseas you can call +82-2-1345 or +82-2-6908-1345 to 6.
Frequently asked questions
Do these official pages explain overstaying a visa in Korea?
The two pages used here define an immigration offender, refer to procedures for dealing with an immigration offender, and describe deportation and the written objection. For how any rule applies to your own stay, ask the office handling your case or call the 1345 Immigration Contact Center.
Who is an immigration offender in Korea?
An immigration offender is a person deemed to have committed any of the offences prescribed in Articles 93-2, 93-3, 94 through 99, 99-2, 99-3 and 100 of the Immigration Act. Check which article is cited in your paperwork, and confirm it with the office handling your case.
What is deportation in Korea?
Deportation is described as the strongest type of administrative measure for foreigners who offend against the Immigration Act. It forbids the person from staying in Korea and deports them to land outside Korean borders, regardless of their wishes.
Where will I be sent if I receive a deportation order?
A foreigner subject to a deportation order will be repatriated to the country of which the person is a national or has citizenship.
Can I object to a deportation order, and how long do I have?
Yes. If a suspect intends to object to a deportation order, the suspect may file a written objection within seven days from the day he or she receives the written order of deportation.
If your question started with overstaying a visa in Korea, begin with the paperwork in front of you: read which article of the Immigration Act is cited, and note the date on any written order you receive. If a deportation order has been issued and you want to object, the written objection must be filed within seven days from the day you receive that order. Rules and procedures can change, so confirm the current requirements on the official page or with the 1345 Immigration Contact Center before you act.
Last checked: October 27, 2026. Rules, fees and required documents in Korea change often, and some depend on your visa type and district office. Always confirm the current details on the official pages below before you go.