What is an Immigration Offense Review (사범심사)?

A separate administrative procedure conducted by the Korea Immigration Office to re-examine a foreigner's residence status after a violation of immigration law or a criminal case. It runs independently from criminal proceedings, and outcomes include visa renewal denial, departure order, deportation, or entry ban.

I already paid the criminal fine — do I still face an offense review?

Yes. Criminal punishment (including fines) and administrative offense reviews are separate procedures. Even a fine under 1 million KRW does not exempt you. Immigration evaluates your status under its own standards.

How many days do I have to appear after receiving a notice?

The appearance date is stated on the notice — read it carefully and check it first. Failure to appear without justification may result in unfavorable decisions. If language is a barrier, request a certified administrative scrivener with multilingual support immediately.

Can an administrative scrivener (행정사) handle the offense review?

Yes. Administrative scriveners are statutorily authorized to prepare and submit immigration documents. We do not handle litigation or court representation, including criminal defense (outside the scope of an administrative scrivener).

If deportation is decided, is everything over?

No. You can file an objection (행정심판) within 90 days, or convert to voluntary departure (which can be considered when the entry-ban period is set), or apply for status change. Speed is critical — an objection to a deportation order must be filed within 7 days of receiving the order (Immigration Act Article 60(1)).

My visa expires soon and the review is pending — what happens?

Your existing visa stays valid until the review decision. However, renewal may be denied if the review concludes against you. Plan a parallel exit-or-stay strategy with a professional.

Will my family also be deported?

Only the principal subject is deported. Family members on dependent visas (F-1, F-3) face separate processing — but their status often depends on yours, so it can also be affected.

Can I still apply for permanent residency (F-5) after a review?

Depends on the disposition. Minor violations may allow F-5 application after a waiting period; deportation or a criminal conviction is weighed heavily, and a waiting period applies under the Ministry of Justice criteria in force. Case-by-case assessment is mandatory.

How much does an administrative scrivener charge?

Fees vary by case complexity and required documentation. We offer an initial consultation and provide a clear quote afterward. Government fees (e.g., KRW 200,000 for a change to permanent residency, Enforcement Rule Article 72) are separate.

Can I get a pre-emptive consultation if I haven't received a notice yet?

Yes, and we recommend it. Foreigners with prior DUI or criminal records should be evaluated before their visa-renewal date. Early preparation gives you more time to gather evidence.

Korea Immigration Offense Review — Procedure and What to Prepare

A step-by-step guide for foreigners summoned to an immigration offence review after a DUI, criminal case, drug charge or unauthorised work.

For foreigners living or working in Korea, one of the most distressing notices is the "Immigration Offense Review Summons" (출입국사범심사 출석요구서). DUI, assault, drug investigations, out-of-status work, voice-phishing involvement — the form differs but the consequences are similar: visa renewal denial, permanent residency rejection, or deportation.

A question we often hear is: "I paid the fine — why is Immigration calling me again?" The answer is straightforward: criminal punishment and administrative immigration disposition are two independent processes. This guide walks you through what every foreigner must understand after receiving a review summons.

1. What Is an Immigration Offense Review?

An Immigration Offense Review is an administrative procedure under Articles 46 and 68 of the Immigration Control Act that re-examines a foreigner's right to remain in Korea after a violation of immigration law or a criminal incident.

Three core points:

It is independent from criminal proceedings. A finalized criminal fine or even an acquittal does not end the review.
The Immigration Office decides unilaterally. Professional representation is not legally required; an administrative scrivener can help organize documents and mitigation.
Possible outcomes include: continued status, visa change, departure order, deportation, and entry ban.

In short, this single procedure can determine whether you can continue your life in Korea.

2. Who Becomes a Subject of Review?

Eight common situations:

(1) DUI Detection

A DUI record is reviewed at the next visa renewal. A BAC of 0.03% or more is drunk driving (Road Traffic Act Article 44(4)), penalties rise by BAC level (Article 148-2), and the immigration disposition depends on the case. See DUI defense guide.

(2) Criminal Cases

Assault, theft, fraud, defamation — any criminal record reaches Immigration. Even a fine, especially for violent offenses, can trigger deportation. See criminal-case visa defense.

(3) Drug Investigations / Charges

Marijuana, cocaine, methamphetamine — Korea applies territorial jurisdiction (속지주의). Marijuana legal in your home country is still illegal here. Status revocation or a deportation review can follow. See drug-case deportation.

(4) Illegal Employment / Out-of-Status Activity

D-2 students exceeding their permitted part-time hours, E-9 holders changing employers without permission. Both worker and employer face penalties. See illegal employment penalty.

(5) False Statements / Document Fraud

False educational records, forged employment certificates, fake marriage. Discovered false documents can lead to deportation and an entry ban.

(6) Voice Phishing / Fraud Involvement

Even mere couriers face severe review. Immigration treats this as serious crime. See voice phishing penalty.

(7) Visa Renewal / Status Change Denial

Past records surface during processing, leading to a supplementary order or denial. Submit supplements by the deadline stated in the order; an administrative appeal against a denial must be filed within 90 days of learning of the disposition (Administrative Appeals Act Article 27(1)). See visa denial response.

(8) Re-entry Attempt After Entry Ban

If you were deported and try to re-enter, an entry-ban removal is required first. See entry-ban removal.

3. Five Things to Do Immediately After the Notice

Check the dates first.

(1) Read the Summons Carefully

Date, location, reasons, required documents. Photograph and store every page. If language is a barrier, immediately retain a multilingual administrative scrivener.

(2) Organize All Case-Related Documents

Criminal records (judgments, summary orders, disposition notices)
Visa documents (Alien Registration Card, passport, current visa copy)
Employment records (employment certificate, four-major-insurance enrollment)
Family documents (marriage certificate, children's birth certificate)
Korean contribution proof (tax returns, volunteer activities, TOPIK results)

(3) Compile Mitigation Evidence

Materials that allow an Immigration officer to conclude "this foreigner contributes to Korea." Volunteer activity, TOPIK results, employer statements, family-support proof — these are considered in the review.

(4) Draft a Reason Statement (사유서) and Petition (탄원서)

Not a generic apology — a logically structured argument from Immigration's perspective: why this incident will not recur, and why this foreigner's continued residence benefits Korean society.

(5) Consult an Administrative Scrivener Immediately

A solo appearance often misses what to emphasize. Pre-appearance simulation with someone who knows Immigration practice helps you prepare.

Request an initial consultation →

4. Possible Outcomes of the Review

Outcome	Meaning	Effect
Status maintained	Existing status preserved or conditional renewal	Continued residence
Status change/shortened	Visa type change, period reduction	Career, business, family impact
Departure order (exit order)	Leave by the deadline set in the order (Immigration Act Art. 68)	Re-entry possible but with future visa effects
Deportation	Compulsory removal	Entry ban may follow; period decided case by case
Entry ban	Period of ineligibility for entry	Period decided case by case

The biggest distinction is between departure order and deportation. A departure order treats your exit as voluntary with relatively light entry restrictions; deportation is weighed heavily in later permanent residency / nationality applications.

5. What an Administrative Scrivener Does — and Does Not Do

Domain	Administrative Scrivener (행정사)
Immigration administrative procedures (review attendance, documents)	Handled
Criminal court representation	Not handled (outside the scope of an administrative scrivener)
Visa applications/extensions/changes	Handled
Administrative appeals/litigation	Administrative appeals possible (litigation is outside the scope)

Many Immigration Offense Reviews are administrative procedures that follow the conclusion of criminal cases, making administrative scriveners the cost-effective primary partner. Even when criminal proceedings are still under way (e.g., trial in progress), Sunshine Administrative Agency Office handles only the administrative track; we do not handle litigation or court representation (outside the scope of an administrative scrivener).

6. Sunshine's Five-Step Response Protocol

Step 1. Intake and Initial Consultation (within 1 day)

Accurate situation assessment and case-risk evaluation. Multilingual; KakaoTalk, WeChat, LINE, WhatsApp all available.

Step 2. Deep Diagnosis (2–3 days)

Detailed analysis of criminal record, immigration history, visa lineage. We identify the expected disposition and the documents that will move it.

Step 3. Custom Checklist (within 3 days)

Document list and collection methods specific to your case. We separate items the client can collect from items we will gather on your behalf.

Step 4. Document Completion (7–10 days before appearance)

Reason statements, petitions, mitigation materials. Reviewed by an administrative scrivener; final document pack assembled.

Step 5. Appearance Support and Strategy (day-of + post-decision)

Office attendance with you, or a thorough simulation. Right after the decision, we propose follow-up strategy (objection, voluntary departure, status change, etc.). An objection to a deportation order must be filed within 7 days of receiving the order (Immigration Act Article 60(1)).

This office performs document preparation and submission under the Administrative Scrivener Act. We do not handle litigation or court representation, including criminal defense (outside the scope of an administrative scrivener).

7. Frequently Asked Questions

The 10 essential Q&A above (FAQ section) cover the core questions. Case-specific issues are addressed in the cluster articles below.

Closing: Check Your Dates Early

Among foreigners who have received an Immigration Offense Review, a regret we often hear is, "I should have called a professional sooner."

Sunshine Administrative Agency Office offers an initial consultation. Reach out without commitment. Korean, English, Chinese, Japanese, Vietnamese — all supported.