For foreigners violating the Korean Immigration Control Act, the fine itself is rarely the primary impact; it's the post-fine consequences. Visa renewal denial → deportation can follow even after a 1M KRW fine. Hundreds of cases each year fall into this trap.
This guide presents Articles 93-3 and 94 to 100 of the current Immigration Control Act (effective January 23, 2026), organized by case type. Vision Administrative Law Office adds field experience from 1,000+ offense reviews per year.
All citations verified through the National Law Information Center API (open.law.go.kr). Actual case-level fines depend on prosecution and court sentencing standards; this guide provides general information.
1. Seven-Tier Penalty Structure
| Article | Penalty | Common Violations |
|---|---|---|
| Art. 93-3 | Up to 5 yrs imprisonment / 50M KRW fine | Detention center violence, escape (most severe) |
| Art. 94 | Up to 3 yrs imprisonment / 30M KRW fine | Out-of-status, overstay, illegal hire (most common) |
| Art. 95 | Up to 1 yr imprisonment / 10M KRW fine | Entry inspection violation, registration failure, escape |
| Art. 96 | Up to 10M KRW fine | Vessel non-compliance, document refusal |
| Art. 97 | Up to 5M KRW fine | Non-business hire arrangement, duty failures |
| Art. 98 | Up to 1M KRW fine | Passport non-carrying, residence-change non-report |
| Art. 100 | Administrative fine (non-criminal) | Various administrative items |
2. Article 94 — 22 Common Foreign-National Violations
Persons subject to one of the following are punished with up to 3 years imprisonment or 30M KRW fine:
Entry / exit
- #1 — Article 3(1) violation: exiting without exit inspection
- #2 — Article 7(1)/(4) violation: unauthorized entry
- #3 — Article 7-2 violation
- #18 — Article 28 violation: exit without inspection
Status / residence (most frequent)
- #7 — Article 17(1) violation: residing beyond status / period (overstay)
- #12 — Article 20 violation: out-of-status activity (D-2 hour overrun etc.)
- #15 — Article 23 violation: residing without status
- #16 — Article 24 violation: status change without permission
- #17 — Article 25 violation: residing beyond extension (overstay)
Employment / hire
- #8 — Article 18(1) violation: working without work-eligible status
- #9 — Article 18(3) violation: hiring ineligible foreigners (employer)
- #10 — Article 18(4) violation: business arrangement of ineligible foreign hire
- #11 — Article 18(5) violation: subjugating ineligible foreigner
Other
- Boarding/landing violations, Article 22 restriction violations
⚠️ Article 94 violations = deportation review nearly certain. Criminal fine alone does not end consequences.
3. Article 95 — Up to 1 Yr Imprisonment / 10M KRW Fine (10 cases)
- #1 — Entry without inspection
- #2 — Conditional entry condition violation
- #5 — Article 18(2) violation: working at non-designated workplace (E-9 employer exit)
- #6 — Article 21 violation: workplace change without permission, or hiring such
- #7 — Article 31 violation: foreign registration obligation
- #8 — Articles 51 / 56 / 63: escape from protective custody
- #9 — Custody condition violations
4. Article 96 — Up to 10M KRW Fine (3 cases)
Mainly transport-related violations (airlines, shipping). Less foreigner-targeted.
5. Article 97 — Up to 5M KRW Fine (7 cases)
- #1 — Article 18(4) non-business hire arrangement (non-business)
- #2 — Article 21(2) workplace change non-business arrangement
- #3–7 — Vessel/aircraft access, reporting duty, repatriation duty
6. Article 98 — Up to 1M KRW Fine (lightest)
- #1 — Article 27 violation: passport carrying / presentation failure
- #2 — Article 36(1) violation: residence change reporting failure (within 14 days)
⚠️ Lightest, but cumulative violations are detrimental at offense review.
7. Joint Penalty Provision (Article 99-3) — Corporation Liable Too
When a representative, agent, employee, or other personnel of a corporation or person commits any of the following violations in connection with the corporation's business, in addition to punishing the actor, the corporation or person also pays the fine corresponding to that article.
So an illegal-foreign-hire company faces:
- Personnel (HR, owner) criminal punishment + fine
- Corporation pays separately the same fine
Exception: due-diligence and supervision can exempt the corporation.
8. Practical Application (Vision's 1,000+ cases)
Case A: D-2 student hour overrun
- Applied: Article 20 → Article 94 #12 (3 yr / 30M)
- Actual first detection: typically 1~3M KRW fine
- Offense review: status maintained or change (D-10 etc.)
- First detection + self-report + academic excellence: 1M fine + status maintained possible
Case B: E-9 unauthorized workplace exit
- Applied: Article 18(2) → Article 95 #5 (1 yr / 10M)
- Actual fine: typically 3~7M KRW
- Offense review: deportation + 5-year ban (most cases)
Case C: C-3 tourist work
- Applied: Article 18(1) → Article 94 #8 (3 yr / 30M)
- Actual fine: 5~15M KRW
- Offense review: deportation + 5–10 year ban (virtually certain)
Case D: Overstay
- Applied: Article 25 → Article 94 #17 (3 yr / 30M)
- Actual fine: by overstay duration
- ≤ 90 days: 2~5M KRW
- 1+ year: 10M KRW+
- Offense review: departure order → deportation (voluntary departure recommended)
Case E: Out-of-status (E-7 → other duty)
- Applied: Article 20 → Article 94 #12
- Actual fine: typically 3~8M KRW
- Offense review: status change or departure order
Case F: Illegal foreign hire (employer)
- Applied: Article 18(3) → Article 94 #9
- Actual fine: per foreigner 10~20M KRW (aggravated for repeats)
- Joint penalty: corporation same amount separately
- Foreign hire restriction: up to 3 years
Case G: ARC non-carrying (at inspection)
- Applied: Article 27 → Article 98 #1
- Actual fine: typically 0.3~0.5M KRW
- Offense review: minimal solo impact
9. Criminal Fine vs Immigration Disposition — Always Distinct
| Procedure | Decider | Outcome |
|---|---|---|
| Criminal punishment | Prosecutor / court | Fine, imprisonment, suspended sentence |
| Immigration offense review | Immigration / Foreigner Office | Status maintain, status change, departure order, deportation, entry ban |
Key: Criminal fine alone ≠ safety. "Just paying the fine" is the most common mistake leading to deportation. See Korea Immigration Offense Review — Complete Guide.
10. Why a Scrivener Matters
Even with light fine appearance:
- ✅ Offense review is separate — scrivener accompanies and communicates with Immigration
- ✅ Mitigation organization — Korean residence, family, employment, language ability
- ✅ Multilingual interpretation
- ✅ Post-decision visa strategy
11. Get Diagnosed Now
If notified for an Immigration Control Act violation, paying the fine is not the end. Manage criminal and administrative tracks together to preserve your visa.
Vision Administrative Law Office — immigration practice since 2018, 1,000+ offense review handling, Korean / English / Chinese / Japanese.
Related articles:
- Korea Immigration Offense Review — Complete Guide
- Illegal Employment Penalty
- Visa Renewal Denial Response
- Impact on Permanent Residency
Sources:
- Immigration Control Act (Law No. 20992, effective January 23, 2026)
- Immigration Control Act Enforcement Decree (Presidential Decree 35540, effective June 1, 2025)
- Immigration Control Act Enforcement Rules (Ministry of Justice Order 01106, effective January 23, 2026)
- National Law Information Center: https://www.law.go.kr