Will Hospitals or Schools Report You to Immigration? Official Reporting Duty and Exemptions (Article 84)

Foreigners with a problem in their status or stay period often worry, when going to a hospital, sending a child to school or reporting a crime against them, that an official will notify immigration. Article 84 of the Immigration Act sets the officials' reporting duty and its exceptions. This guide explains the scope and limits. First, though: the exemptions are limited and are not a way to resolve a residence problem.

Key points

• A national or local government official who, in performing duties, finds a person who falls under a ground for deportation or appears to violate the Act must promptly notify the office head (Article 84(1) main text).
• No report is needed where reporting would prevent the essential purpose of the duty and the case falls under a reason set by Presidential Decree (Article 84(1) proviso, Enforcement Decree Article 92-2).
• An exemption is only an exception to that official's reporting duty; it does not make the stay lawful.

1. The basic duty

Article 84(1) places the duty on officials of the state or local governments. If, in performing duties, an official finds a person who falls under a ground for deportation in Article 46(1) or appears to violate the Act, the official must promptly notify the head of the regional immigration office. Paragraph 2 separately requires heads of prisons, detention centers and similar to notify promptly when release of a foreign inmate is decided.

2. Exemption reasons

Under the proviso to Article 84(1), Enforcement Decree Article 92-2 sets these exemptions.

1. Personal information learned at kindergartens and elementary, middle and high schools in connection with a foreign student's school life
2. Information on patients learned by officials at public health institutions in connection with health care
3. Information learned while carrying out protective measures or duties under the Child Welfare Act
4. Information learned at youth counseling centers during counseling, emergency rescue, self-reliance or medical support
5. Other cases where, in work set by Ministry of Justice rule such as crime victim relief or human rights violation relief, an official finds relief for the foreigner to be a priority

The work in item 5 is set by Enforcement Rule Article 70-2: investigation of crimes such as homicide, injury, assault, confinement, threats, human trafficking, rape, indecent acts, theft, robbery, fraud and extortion; investigation of crimes under the Violence Punishment Act, the Sexual Violence Special Act and the Traffic Accident Special Act; investigations under the Employment Security Act; investigation and relief for human rights violations and discrimination under the National Human Rights Commission Act; investigation and supervision of matters such as unpaid wages; and other work set by the Minister of Justice.

3. Limits of the exemption

• The duty is on 'officials'. Article 84 sets officials' duty, so application depends on what kind of body it is and whether the information was learned in the course of duty.
• Exemptions cover listed work only. They apply to personal information learned in connection with that work; contact for other purposes may not be covered.
• Other routes exist. Immigration officers may check whether foreigners are staying lawfully (Article 81(1)) and may visit and question people who employ or lodge foreigners.
• The residence problem remains. Having no status or overstaying is still a violation. Overstaying breaches Article 94, item 17, with up to 3 years in prison or a fine of up to KRW 30 million, and is a ground for deportation (as of October 2026, Article 46(1), item 8).

4. How to respond

If your residence has a problem, it is better to first find out how to put your status in order than to count on an exemption. A person who wants to leave at their own expense can be given a departure order (Article 68(1), item 1), so see the voluntary departure guide. Fines by type of violation are in the overview of immigration penalties, and the procedure after receiving a notice is in the fine notice response guide.

5. Steps you can take now

1. Check your current status and remaining period. Look at the dates on your registration card and passport.
2. Continue treatment or schooling as needed. Ask the institution about its procedures so you do not give up necessary care or education.
3. If you were harmed, record what happened. Organize dates, places and evidence.
4. Find out how to put your status in order. Check whether extension, change or voluntary departure is an option.
5. If you get a summons or fine notice, check the deadline first. A fine notice runs 15 days from receipt.

6. What an administrative scrivener can do

We review your status, prepare documents for extension, change of status or departure order applications, draft statements explaining how a violation occurred, and translate foreign documents. Investigation and criminal trial defense after a complaint is outside the scope of an administrative scrivener and we do not handle it.

If you are worried, organize the dates and documents first and then seek advice.