Questioned by Immigration Officers on Site in Korea? Rights and Duties

Anyone would be startled if immigration officers turned up at their workplace or lodging, or suddenly stopped them on the street with questions. If you know in advance what officers may do on site, what foreigners and employers must do, and which procedures officers themselves must follow, you can respond calmly. The field-check provisions of the Immigration Act set no particular period for checks, so it is best not to think of them as something that only happens at certain times.

Key points

• Immigration officers and designated officials of related agencies may visit and question foreigners, employers, business representatives and people who provide lodging to foreigners, and request materials.
• If there are reasonable grounds to suspect a violation, they may ask a foreigner to stop and answer questions.
• Foreigners aged 17 or older must carry their passport or alien registration card and show it on request. Officials must also show an identification badge proving their authority.
• If you are placed in emergency detention on site, a detention order must be issued within 48 hours, or you must be released immediately.

1. Who may visit, and whom may they question?

Article 81 of the Immigration Act provides that immigration officers, and officials of related agencies designated by Presidential Decree, may visit the following people to ask questions or request necessary materials, in order to check whether a foreigner is staying lawfully and whether a ground for deportation applies.

1. The foreigner
2. A person who employs the foreigner
3. The representative of the organization the foreigner belongs to, or of the business where the foreigner works
4. A person who provides lodging to the foreigner

The Enforcement Decree defines the related-agency officials as, among others, officials of the Ministry of Employment and Labor, the Ministry of SMEs and Startups, the National Police Agency, the Korea Coast Guard and the National Intelligence Service who are designated by the head of each agency. What they find is reported to the competent immigration office. That is why officials other than immigration staff sometimes come along.

2. Being stopped on the street

An immigration officer may ask a foreigner to stop and may question them when, judging reasonably from the person's behavior or the surrounding circumstances, there are substantial grounds to suspect a violation of the Act. The requirements are a "reasonable judgment" and "substantial grounds".

When officials ask questions or request materials, they must also carry an identification badge showing their authority and show it to the people concerned. Showing the badge is a duty the law places on officials, so if you are unsure who you are dealing with, calmly ask to see it.

3. When asked to show your passport or ID card

Foreigners aged 17 or older must always carry their passport, alien registration card, mobile alien registration card or similar document, and must show it when an immigration officer or other competent official asks in connection with their duties. Breaching the duty to carry or show it can lead to a fine of up to 1 million won under Article 98 of the Immigration Act, as of October 2026.

If you have lost your card or left it at home, see the guide to carrying and replacing an alien registration card for what to do and how to get a new one.

4. At workplaces and lodgings: employer duties and inspections

• Questions and requests for materials may not be refused without a justifiable reason. Employers, business representatives or lodging providers who refuse or evade a request to submit records or materials face an administrative fine.
• Inspection of a residence or belongings requires consent. The Immigration Act provides that, where needed for investigating a suspect, officers may inspect the suspect's residence or belongings, or ask for documents or items, with the suspect's consent. Officers must show their badge in this case too.
• Keep employment documents in order. Employers of foreign workers should keep employment contracts and documents on status and workplace ready to hand. Penalties for hiring someone without the right status are covered in the guide to penalties for employers of unauthorized workers.

5. If you are caught on site: emergency detention and 48 hours

Where there are substantial grounds to suspect a ground for deportation, the person has fled or may flee, and the situation is urgent with no time to obtain a detention order, an officer may detain the person on an emergency basis after explaining the reason. The following steps must then be observed.

1. An emergency detention form is drawn up immediately and shown to the person. It states the reason, the place of detention and the time of detention.
2. A detention order must be obtained and shown within 48 hours; if it cannot be obtained, the person must be released immediately.
3. After detention, family members or others in Korea are notified in writing within 3 days of the date, place and reason of detention.

The length of detention afterwards, review requests and objections to a deportation order are covered in the guide to immigration detention objections, and your rights if you later receive a summons and are questioned are in the guide to summons and statements.

6. How to respond on site

1. Check the badge first. Note down the officer's agency and name.
2. Show your passport or alien registration card. Carrying it at all times is a legal duty.
3. Calmly state only what you know. Avoid guessing dates or details you are not sure of.
4. If detained, check the reason, place and time on the emergency detention form or detention order.
5. Leave contact details with family or your employer. Deciding in advance who should receive the 3-day notice helps.

7. What an administrative agent can do

We review your residence status, organize documents related to employing foreigners, draft statements explaining what happened, prepare documents for temporary release from detention or objections, and translate foreign documents. Criminal defense and litigation representation are outside the scope of an administrative agent and we do not handle them.

If you received any documents on site, organize the dates and contents first and then seek advice. You can check your status and period of stay on HiKorea.