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 or deportation can follow even after a small fine.
This guide presents Articles 93-3 and 94 to 100 of the current Immigration Control Act (effective January 23, 2026), organized by case type.
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 | Entry without inspection (Art. 12), etc. |
| Art. 94 | Up to 3 yrs imprisonment / 30M KRW fine | Out-of-status, overstay, illegal hire |
| 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 — 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
- #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 can lead to a deportation review. Criminal fine alone does not end consequences.
3. Article 95 — Up to 1 Yr Imprisonment / 10M KRW Fine
- #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 15 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
Case A: D-2 student hour overrun
- Applied: Article 20 → Article 94 #12 (3 yr / 30M)
- Offense review: status maintained or change (D-10 etc.), depending on the case
- Self-reporting and academic record can be considered as mitigation
Case B: E-9 unauthorized workplace exit
- Applied: Article 18(2) → Article 95 #5 (1 yr / 10M)
- Offense review: can lead to deportation and an entry ban; decided case by case
Case C: C-3 tourist work
- Applied: Article 18(1) → Article 94 #8 (3 yr / 30M)
- Offense review: can lead to deportation and an entry ban; decided case by case
Case D: Overstay
- Applied: Article 25 → Article 94 #17 (3 yr / 30M)
- Fine: depends on the overstay period and circumstances
- Offense review: departure order or deportation, depending on the case (voluntary departure can be considered favorably)
Case E: Out-of-status (E-7 → other duty)
- Applied: Article 20 → Article 94 #12
- Offense review: status change or departure order, depending on the case
Case F: Illegal foreign hire (employer)
- Applied: Article 18(3) → Article 94 #9
- Base fine: set by headcount and violation period (Enforcement Rule Table 8)
- Joint penalty: the corporation is also fined (Art. 99-3)
- Foreign hire restriction: up to 3 years (Act on the Employment of Foreign Workers Art. 20)
Case G: ARC non-carrying (at inspection)
- Applied: Article 27 → Article 98 #1
- Offense review: limited impact on its own, but cumulative violations are considered
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. Assuming that "just paying the fine" ends the matter is a common misunderstanding. See Korea Immigration Offense Review 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.
Sunshine Administrative Agency Office — immigration practice in Korean / English / Chinese / Japanese / Vietnamese.
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