A friend or relative calls to say their visa period has run out and they have nowhere to go. Do you let them in? Start with the short answer: the penalty provisions of Korea's Immigration Act do not appear to contain a sentence that, on its own, punishes simply giving a bed to someone who stayed past their permitted period. But if the person entered the country illegally, hiding them or helping them evade is prohibited, and introducing a job or keeping someone under your control to arrange work is punished separately. So "I let them sleep over" does not settle anything. What matters is your purpose and what kind of person you were dealing with.
Key points
- No provision in the penalty section of the Immigration Act punishes simply putting up a person who has overstayed. Hiding or helping a foreigner who entered illegally is prohibited, though.
- Arranging or soliciting a job for someone without work-eligible status is punished: a fine of up to KRW 5 million if not done as a business, imprisonment of up to 3 years or a fine of up to KRW 30 million if done as a business (as of October 2026, Article 97, item 1; Article 94, item 10).
- The Act has no "family excluded" sentence. The Criminal Act has a separate special rule for relatives and family living together, and its application is decided case by case.
- An immigration offender can receive a fine notice, but a serious case can be reported for prosecution without one.
1. What if I simply let them stay?
This is where most misunderstandings start. "Illegal stay" is a common phrase, but what the law punishes is the conduct of the foreigner who stayed past the period. The penalty provisions do cover people who hire or arrange employment, people who hide or help illegal entrants evade, and people who seize passports or registration cards. I found no sentence punishing the person who gives a room to someone whose period has expired, as such.
That is not a green light. If you also arranged work, took money for hiding them, or the person turns out to have entered illegally, the picture changes. This conclusion comes from reading the statutes only, and how investigators actually view a case can differ from one case to the next.
2. Hiding or helping an illegal entrant evade
The Act prohibits anyone from hiding a foreigner who entered illegally, helping them evade within Korea, providing transport for that purpose, or arranging any of this. "Entered illegally" means the entry itself was illegal, such as coming in without an entry inspection. Keep that separate from someone who entered properly on a visa and simply overstayed.
The penalty levels are as follows (as of October 2026, Article 94, item 4; Article 93-3, item 3; Article 93-2(2), item 3).
| Conduct | Statutory penalty |
|---|---|
| Hiding or helping an illegal entrant evade (ordinary case) | Up to 3 years in prison or a fine of up to KRW 30 million |
| Doing so for a group, with no profit motive | Up to 5 years in prison or a fine of up to KRW 50 million |
| Doing so for a group with a profit motive | Up to 7 years in prison or a fine of up to KRW 70 million |
Attempts, preparation and conspiracy are punished like the offense itself, and those who incite or assist are punished as principals.
The consequences do not stop at punishment. In screening a marriage immigrant's invitation of family from the home country, the inviting person's violation of this provision, or of provisions on hiring or arranging jobs for people without work-eligible status, restricts invitations for a period (the guidance does not state the length). Under the special employment rule for small businesses in population-decline areas, someone who received a fine or penalty fine for the same violations does not meet the employer requirement until 3 years have passed from payment if it was KRW 5 million or more, or 1 year if it was less (as of October 2026, Ministry of Justice residence manual).
3. Introducing a job or arranging work
I often hear, "They asked if there was work, so I just introduced my boss." The law prohibits arranging or soliciting employment for a person without work-eligible status. If not done as a business, the fine is up to KRW 5 million; if done as a business, imprisonment of up to 3 years or a fine of up to KRW 30 million (as of October 2026, Article 97, item 1; Article 94, item 10).
There is one more. Keeping a person without work-eligible status under your control for the purpose of arranging their employment is also punishable by up to 3 years in prison or a fine of up to KRW 30 million. Because the requirement includes the purpose of arranging employment, it is distinguishable on the text from simply letting someone stay. Housing plus lining up work is the shape that draws a closer look (as of October 2026, Article 94, item 11).
Penalties for the employer's side are covered separately in the guide to employer penalties for illegal hiring.
4. Helping find a room or lodging
What if you only helped them find a room, not a job? In the penalty provisions, there is no sentence punishing arranging housing for a person without status. What the law prohibits arranging is employment, and hiding or evasion of illegal entrants. If housing was the means of connecting someone to work, though, the job-arrangement issue above can arise. For the lodging operator's duty to collect and submit foreign guests' data, see the guide on lodging foreigners' passport data.
5. Does being family change anything?
The Immigration Act's penalty provisions have no exception for relatives or family living together. Nor do they contain any sentence that waives punishment because the person is family.
The Criminal Act differs. Hiding or helping an offender who committed a crime punishable by a fine or heavier penalty is punished by up to 3 years in prison or a fine of up to KRW 5 million, but the same article provides that relatives or family living together who act for the offender are not punished (as of October 2026, Criminal Act Article 151). Staying past the period also carries a fine, so this article may come into play. Still, where the line on "family" falls and whether it actually applies here is decided case by case by investigators and courts. Do not assume that being family means you are safe.
6. Can it end with a fine notice?
An immigration offender, once the investigation establishes the offense, can be notified in writing to pay a fine equivalent to a criminal fine. The Enforcement Rule sets standard amounts by type of violation, and the office may reduce or increase them by up to one half considering age, circumstances, motive and ability to pay.
- Job referral or solicitation (not as a business): 1 person KRW 1 million, 2 to 4 people KRW 2 million, 5 to 9 people KRW 3 million, 10 or more KRW 5 million (as of October 2026, Annex 7)
- Job referral or solicitation as a business: from KRW 10 million for 1 person (as of October 2026, Annex 7)
- Holding a person under your control to arrange work: from KRW 10 million for 1 person (as of October 2026, Annex 7)
- Hiding or helping an illegal entrant evade (not group, not for profit): from KRW 10 million for the first violation (as of October 2026, Annex 7)
The fine must be paid within 15 days of receiving the notice, and if it is not paid a complaint is filed. If paid, you cannot be punished again for the same case. On the other hand, if the offense is judged to merit imprisonment, the office must file a complaint at once without a notice, and an immigration case cannot be prosecuted without the office head's complaint. Criminal Act issues follow a separate procedure outside this notice system. For responding to a notice, the guide to responding to a fine notice can help.
7. If you get a call like this, take it in order
- Write down separately what you actually did. Giving a bed, giving meals, introducing a job and taking money lead to different provisions.
- Confirm how the person entered. Whether they entered properly and overstayed, or entered illegally, changes which provision applies.
- Stop arranging work or taking payment. If it already happened, organize the dates, the people involved and any money records.
- If you receive a summons or notice, check the deadline first. For a notice, 15 days from receipt is the benchmark.
8. What an administrative agent can do
Sunshine Administrative Agent Office (선샤인행정사사무소) prepares and submits immigration-related applications, drafts written statements explaining what happened, and organizes and translates supporting documents. Defense or representation in investigations and criminal trials is outside the scope of an administrative agent and we do not handle it.
Consultation hours are weekdays 09:30~17:30. Call 02-309-3107 or email [email protected].