Travelers who come to Korea are sometimes asked to show a passport at hotel or guesthouse check-in, and people who run lodging businesses wonder how to handle foreign guests' information. Article 81-3 of the Immigration Act applies this duty only in very special cases. This guide covers who must do what and when, and the fines.
Key points
- A foreigner with a short-stay status (stay of 90 days or less) is a lodging foreigner (Article 81-3(1), Article 10-2(1), item 1).
- The foreigner's duty to provide data is limited to cases set by Ministry of Justice rule, such as an infectious disease or terror alert.
- The operator must submit the data through an information network within 12 hours of receiving it (or of the alert) (Article 81-3(2)).
- Breach can bring a fine of up to KRW 500,000 (as of October 2026, Article 100(3), items 1-2 and 1-3).
1. Who is covered?
A lodging foreigner under Article 81-3(1) is a foreigner with a short-stay status under Article 10-2(1), item 1, meaning a status to stay for tourism, visits and similar for 90 days or less (or longer where a visa waiver agreement allows). Long-stay status holders are not lodging foreigners under this provision. A lodging operator is one of the following.
- A person who notified a lodging business under the Public Health Control Act
- A person registered under the Tourism Promotion Act for tourist lodging, urban homestay for foreign tourists or hanok experience business
2. When must data be provided?
This is not a standing duty. Article 81-3(1) limits it to cases set by Ministry of Justice rule, such as an infectious disease crisis alert or terror alert. Under Enforcement Rule Article 69-2(1) these are:
- An infectious disease crisis alert at the 'caution' level or above, where the Minister of Justice finds the data necessary, for example after a request from the Minister of Health and Welfare or the KDCA, and issues a notice
- A terror alert at the 'attention' level or above, where the Minister of Justice finds the data necessary, for example after a request from a relevant agency, and issues a notice
The data to provide is one of the passport, travel document or entry permit (paragraph 2). To know whether the duty applies now, check the Ministry of Justice notice and the lodging's guidance.
3. How does the operator submit?
Under Article 81-3(2), the operator submits the data a foreigner provides to the Minister of Justice through the designated information network within 12 hours of the stay or the alert. Enforcement Rule Article 69-3 provides:
- The data are copies of the passport, travel document or entry permit.
- The operator registers as a user on the lodging network and sends electronic signature information with each submission.
- If fire, power failure or network failure makes the network unusable as recognized by the Minister, or maintenance is announced, submit by email, fax, text, phone or in person.
The operator holds and manages the data under the Personal Information Protection Act (Article 81-3(3)).
4. What if the duty is breached?
Under Article 100(3), a fine of up to KRW 500,000 applies to (as of October 2026):
- A lodging foreigner who does not provide data (item 1-2)
- An operator who does not submit or submits falsely (item 1-3)
The Enforcement Decree Annex 2 standards for both are (as of October 2026):
| Violations | Standard fine |
|---|---|
| 1st | KRW 100,000 |
| 2nd | KRW 200,000 |
| 3rd | KRW 300,000 |
| 4th | KRW 400,000 |
| 5th or more | KRW 500,000 |
The office head imposes and collects the fine (Article 100(4)), and the Minister of Justice may waive it considering the circumstances (Article 100(5)). If you receive a fine notice, a similar procedure is described in the fine notice response guide. Amounts for other violations are in the overview of immigration penalties.
5. Checklist by situation
If you are a traveler
- Check that you have your passport at check-in. Foreigners also have a duty to carry a passport or similar document (Article 27).
- Ask the lodging whether the request is because of a special alert period.
If you are a lodging operator
- Check whether a Ministry of Justice notice currently applies the duty.
- Register as a user on the lodging network in advance.
- Record the 12-hour deadline and confirm the substitute submission method for network failures.
- Manage collected data under the Personal Information Protection Act.
6. What an administrative scrivener can do
We check the facts in a fine notice, draft statements of opinion, review a lodging business's procedures for foreign guests, and translate notices into foreign languages. Investigation and criminal trial defense after a complaint is outside the scope of an administrative scrivener and we do not handle it.
If you received a fine notice, start by checking the dates and how to object.