You probably came here because you once paid an immigration fine or received a departure order, and you want to know whether it will block an extension or a change of status. The short answer: having a record does not block you by itself. But depending on the amount, the number of violations and how long ago they happened, an application can be refused, and the cut-off differs by visa type.
Key points
- A fine record usually triggers the residence-restriction standard at KRW 5 million or more for a first offense, or a combined KRW 7 million or more within the last three years for repeat offenses (as of October 2026, Ministry of Justice residence manual).
- Depending on the visa type, extra rules apply: three or more violations in the last five years (administrative penalties excluded), 7 years after a deportation order, 5 years after a departure order, and so on.
- For the Visiting Employment visa (H-2), three or more fines within the last three years means refusal and a departure measure, whatever the amounts.
- "One violation or fewer, KRW 1 million or less, 10 years passed" does not lift any restriction. It is a condition for skipping the law-abiding citizen education.
First, a fine and an administrative penalty are not the same thing
People often call both of them a "fine", but immigration review treats them differently.
A fine (beomchikgeum) is issued when an immigration case investigation confirms an offense and the office notifies you in writing of an amount equivalent to a court fine. You must pay within 15 days of receiving the notice, and if you pay as notified you cannot be punished again for the same case. Overstaying and unauthorized work are typical examples.
An administrative penalty (gwataeryo) applies to lighter violations, such as missing a reporting duty or failing to apply for an Alien Registration Card (외국인등록증). The law sets ceilings of KRW 2 million, KRW 1 million and KRW 500,000, and the head of the immigration office imposes it (as of October 2026, Article 100(1) to (4)). It can also be waived in light of the circumstances.
That is why administrative penalties are left out when counting "three violations in five years", and why the D-10 points deduction does not add them up. The exemption from the law-abiding citizen education mentioned above does list penalties together with fines, so always check which rule a figure belongs to.
The residence-restriction standard: the numbers
For fines, two numbers come up most often (as of October 2026, Ministry of Justice residence manual).
- First offense: KRW 5 million or more
- Repeat offense: a combined KRW 7 million or more within the last three years
The same figures appear in the conduct requirements for the job-seeking visa (D-10), permanent residence (F-5) and the special-contribution residence visa (F-2). For permanent residence and top-talent categories the wording is "a fine of KRW 5 million or more in a single disposition, or a combined KRW 7 million or more, within the last three years" (as of October 2026, Ministry of Justice residence manual).
A common misunderstanding: people think a fine of KRW 1 million or 2 million is safe. Below the line you are outside this standard, but as shown below, points deductions, count-based rules and the education requirement can still apply (as of October 2026, Ministry of Justice residence manual).
How it differs by visa type
| Visa / situation | How the record counts (as of October 2026, Ministry of Justice residence manual) |
|---|---|
| Job seeking (D-10) | Restricted if you received a deportation or departure order within 5 years, a court fine of KRW 3 million or more within 3 years, or a fine caught by the standard (first offense KRW 5 million or more, repeat offenses combined KRW 7 million or more in 3 years). The points system also deducts points |
| Residence, other long-term (F-2-99) change | A change is suppressed if you violated the Immigration Act three or more times within 3 years with notified fines totalling KRW 5 million or more, or if you received a court fine of KRW 3 million or more within 3 years |
| Residence (F-2) for investors | Disqualified if you received a fine within 3 years and there is a reason to restrict the permit |
| Region-specific talent (F-2) | Disqualified if fines within 3 years total KRW 5 million or more, or if you received three or more fines within the last 3 years |
| Permanent residence (F-5) | Blocked by three or more violations in 5 years (administrative penalties excluded), fines of KRW 5 million or more in 3 years or a combined KRW 7 million or more, less than 7 years since leaving under a deportation order or 5 years under a departure order, and so on |
| Visiting Employment (H-2) | First offense KRW 5 million or more, or repeat offenses combined KRW 7 million or more in 3 years, means refusal and a departure measure. Three or more fines within 3 years have the same result whatever the amount |
| Overseas Korean (F-4) | If total fines reach KRW 7 million, status grants are restricted for 3 years from the day you fully paid the fine that took the total to KRW 7 million |
The table looks complicated, but there are only three axes: amount (KRW 5 million, 7 million), count (three times) and elapsed time (3, 5 and 7 years). First find out which of them your target visa looks at. For F-4, if you can show 100 or more hours of volunteering over at least six months, the 3-year restriction is reduced to 1 year.
D-10 also deducts points
For the points-based job-seeking visa (D-10-1), even a record that is not a restriction cost you points. A fine of KRW 3 million or more is minus 30, KRW 1 million to under 3 million is minus 10, and KRW 500,000 to under 1 million is minus 5, based on the total of dispositions within 5 years before the application. Administrative penalties are not added up. Court-fine records are deducted separately, and the two items stack. If you are close to the pass mark, work out how much your record costs (as of October 2026, Ministry of Justice residence manual).
Changing to F-2-99 also affects how your stay is counted
To change to the other long-term residence status (F-2-99) you need 5 years of continuous stay, and periods of overstay, departure-order periods and the time between a deportation order and actual removal are not counted. If you left under a departure order or deportation, the stay is treated as broken even if you came back within 30 days. In effect the five years start again. Overstayers are also listed as subject to suppression of a change.
Permanent residence is the strictest
The conduct requirement for permanent residence contains almost every number above. After a court fine you must wait 3 years from the day you paid it. Three or more Immigration Act violations in five years (administrative penalties excluded) is a bar. After a deportation order you wait 7 years from the day you left, and after a departure order 5 years.
What are "one violation or fewer, KRW 1 million or less, 10 years passed"?
Many people read this phrase as "KRW 1 million or less is no problem". It actually concerns the law-abiding citizen education.
Applicants for residence (F-2) or permanent residence (F-5) who have a domestic law violation on record must take a 3-hour law-abiding citizen course. But you can be approved without the course if either applies:
- You already completed the course earlier and have had no further violations
- You have at most one violation, and it was a non-prosecution or a court fine, fine or administrative penalty of KRW 1 million or less (as of October 2026, Ministry of Justice residence manual)
There is also a time limit. The violation period runs from the day the case closed (non-prosecution date, date the fine was paid, and so on). Once 10 years have passed for a change of status, or 5 years for an extension, you drop out of the course. For permanent residence, violations within the last 10 years count.
This course does not apply to people who already fall under a disqualification such as the residence-restriction standard. If you are disqualified, taking the course does not get you approved. When a person is subject to the course on a first extension, they are told to complete it by the next extension, and from the second time they must complete it before an extension if a new violation is found.
What to do before applying with a record
- Write the record out by date. For each item: type (fine, administrative penalty, court fine, deportation, departure order), amount, disposition date, payment date and departure date. Most standards count backwards from the application date, such as 3 or 5 years.
- Test it against the rules for your target visa. The same record can have different results for H-2 and for permanent residence.
- Calculate elapsed time. The starting points differ by visa, for example the point at which the total reached KRW 7 million, or the date a court fine was paid (as of October 2026, Ministry of Justice residence manual).
- Check for unpaid amounts. For some visas, unpaid court fines or collections are an obstacle in themselves.
- If you are caught by a standard, prepare explanatory materials. Set out how the violation happened, what prevents it from happening again, and your family and work circumstances, truthfully. Statements that do not match the facts make things worse.
What an administrative agent can do
Sunshine Administrative Agent Office (선샤인행정사사무소) prepares and submits extension, change and permanent residence applications, organizes your record, drafts explanatory statements and opinion letters, and arranges and translates supporting documents. Representation or defense in an investigation or criminal trial is outside the scope of an administrative agent, and we do not handle it.
If you are unsure which standard your record falls under, bring the disposition notice and the payment receipt and ask us. You can reach us at 02-363-2251 or [email protected], on weekdays 09:30~17:30.