When a document is missing for an extension or a change of status, people get anxious. The temptation is to make something that looks similar, but forged or altered documents and false applications are separately prohibited and punished by the Immigration Act. This guide covers Article 26, the penalties and how it differs from a simple error.
Key points
- In applications for permits on activities outside status, workplace change or addition, grant or change of status, and extension of stay, you must not apply by improper means such as submitting forged or altered documents or an application with false statements (Article 26, item 1).
- Arranging or encouraging such applications is also prohibited (Article 26, item 2).
- Violation can bring up to 3 years in prison or a fine of up to KRW 30 million (as of October 2026, Article 94, item 17-2), and for a foreigner it is a ground for deportation (Article 46(1), item 10-2).
- The standard fine rises with the number of violations or people arranged.
1. Which permit applications are covered?
Article 26 applies to acts connected with permit applications under Articles 20, 21, 23 to 25, 25-2, 25-3 and 25-4. In plain terms these are applications for permission for activities outside status, workplace change or addition, grant of status, change of status and extension of stay. Two kinds of act are prohibited.
- Applying by improper means, such as submitting forged or altered documents as proof or an application containing false statements
- Arranging or encouraging such acts
2. Penalties and standard fines
Article 94, item 17-2 punishes a person who violates Article 26 with up to 3 years in prison or a fine of up to KRW 30 million (as of October 2026). A complaint from the office head is needed for prosecution (Article 101(1)), and the head may notify a penalty fine once guilt is confirmed (Article 102(1)). The Enforcement Rule Annex 7 standard amounts are below.
| Type | Count or people | Standard fine |
|---|---|---|
| Applying directly (item 1) | 1st time | KRW 5 million |
| 2nd time | KRW 10 million | |
| 3rd time | KRW 20 million | |
| 4th or more | KRW 30 million | |
| Arranging or encouraging (item 2) | 1 person | KRW 10 million |
| 2 to 4 | KRW 15 million | |
| 5 to 9 | KRW 20 million | |
| 10 to 19 | KRW 25 million | |
| 20 or more | KRW 30 million |
Amounts can be reduced or increased within one half for age, circumstances, motive, result and ability to pay (Enforcement Rule, Article 86(2)). A notice must be paid within 15 days (Article 105(1)), and after payment you are not punished again for the same matter (Article 106).
3. Effect on the foreigner
Article 46(1), item 10-2 makes a foreigner who violated Article 26 subject to deportation. A permanent resident is not deported except in the cases the law lists (Article 46(2)). If you already hold a permit, see also the visa cancellation response guide. A person who wants to leave at their own expense can be given a departure order (Article 68(1), item 1).
4. How does it differ from a simple error?
Article 100(3), item 2 provides for a fine of up to KRW 500,000 on a person who writes or reports false facts in applications or reports under the Act, excluding persons covered by Article 94, item 17-2. The Enforcement Decree Annex 2 standards are KRW 300,000 for the first time, KRW 400,000 for the second and KRW 500,000 for the third or more (as of October 2026). Which rule applies depends on facts such as whether forged documents were used or the application was made by improper means, so nothing can be stated categorically. If you are investigated, organize the facts and materials first, as in the offense review guide.
5. Steps when a document is a problem
- Identify the problem document. Note which application, which document and from whom it was obtained.
- If not yet submitted, prepare it truthfully. If you cannot obtain a document, ask your office about alternatives.
- If already submitted, ask the office how to correct it. A correction made on your own initiative may help later explanations.
- If you get a summons or fine notice, check the deadline first. A fine notice runs 15 days from receipt.
- Organize explanatory materials. The letter of reflection guide helps in writing out the facts, your reflection and a plan to prevent recurrence.
6. What an administrative scrivener can do
We check the facts in applications and supporting documents, guide you on correction procedures, draft statements explaining how a violation occurred, and translate foreign documents. Investigation and criminal trial defense after a complaint is outside the scope of an administrative scrivener and we do not handle it.
If you know a document has a problem, begin the review before submitting, or as soon as possible if you already have.