Forgetting an expiry date, or running out of time because documents weren't ready, happens more often than people think. The first questions are usually "How much is the fine?" and "Can I stay in Korea?" This guide walks through the overstay fine and the steps that follow, article by article.
Key points
- Foreigners may stay only within their status and authorized period (Article 17(1)). To stay longer, you must get an extension permit before the period ends (Article 25(1)).
- Continuing to stay past the period without a permit can lead to up to 3 years in prison or a fine of up to KRW 30 million (Article 94, item 17).
- In practice the immigration office often notifies a penalty fine (beomchikgeum) in place of a criminal fine. The standard amount runs from KRW 500,000 to KRW 30 million depending on overstay length (Enforcement Rule, Table 7).
- After paying, deportation, departure orders and later visa screening still need separate attention.
1. Which articles apply once your period ends?
Two provisions matter most. Article 25(1) says anyone who wants to stay beyond the authorized period must obtain permission from the Minister of Justice before the period ends. Enforcement Decree Article 31(1) likewise requires the extension application to be filed before expiry. A person who keeps staying past the period without that permit can be punished under Article 94, item 17, with up to 3 years in prison or a fine of up to KRW 30 million.
Once the date has passed, you are no longer "extending" but already in violation, so a late filing does not erase the fact. If you notice you have passed the date, contact the competent immigration office as soon as you can.
2. How much is the fine?
If an investigation confirms the offense, the head of the immigration office may order payment of a penalty fine equivalent to a criminal fine, in writing (Article 102(1)). The standard amount is set by overstay length in Table 7 of the Enforcement Rule.
| Overstay length | Standard fine |
|---|---|
| Under 1 month | KRW 500,000 |
| 1 month to under 3 months | KRW 1,000,000 |
| 3 months to under 6 months | KRW 2,000,000 |
| 6 months to under 1 year | KRW 5,000,000 |
| 1 year to under 2 years | KRW 10,000,000 |
| 2 years to under 3 years | KRW 15,000,000 |
| 3 years to under 5 years | KRW 20,000,000 |
| 5 years to under 7 years | KRW 25,000,000 |
| 7 years or more | KRW 30,000,000 |
These are standard amounts. The office head may reduce or increase them by up to one half, taking into account age and circumstances, motive and result of the violation, ability to pay and number of violations (Enforcement Rule, Article 86(2)). The Minister of Justice may also waive the notified penalty altogether (Article 103(2)). That is why it matters to pin down the exact dates, from the day after expiry to the day you left or received permission.
3. What happens after you receive the notice?
You must pay within 15 days of receiving the notice (Article 105(1)). If you do not, the office head must file a complaint; if you pay before a complaint is filed, none is filed (Article 105(2)). Paying as notified means no further punishment for the same case (Article 106).
If the investigation shows the offense warrants imprisonment or more, the case can go straight to a complaint instead (Article 102(3)). Prosecution of immigration offenses requires a complaint from the head of the immigration office (Article 101(1)).
4. Is paying the fine the end of it?
No. The criminal-side fine and the residence-side administrative process move separately.
- Deportation grounds: Violating Article 25 is listed in Article 46(1), item 8. Permanent residents are generally protected from deportation except in limited cases (Article 46(2)).
- Departure order: Even where Article 46(1) may apply, a person who wishes to leave voluntarily at their own expense can be given a departure order (Article 68(1), item 1), and a departure measure after a notified fine is covered by item 5. We compare the options in our voluntary departure guide.
- Whether you can remain: The office decides based on overstay length, the circumstances and family or work situation. Similar overstays can end differently.
5. How does it affect later visa screening?
The Ministry of Justice residence manual (September 2026) reflects fine records and overstay periods in later reviews.
- D-10 (job seeking) restrictions: people who received a fine under the Immigration Act and fall under the residence-permit restriction standard. The manual gives examples of KRW 5 million or more for a first offense and a combined KRW 7 million or more within three years for repeat offenses.
- F-2-99 changes: overstay (Article 25 violations) and unauthorized work (Article 18 violations) are excluded from the length-of-stay calculation, and overstayers are among those whose status changes are restricted.
Criteria differ by status, so if you plan an extension, change or permanent residence later, organize the fine amount and dates first.
6. What to do if you realize you have overstayed
- Confirm the dates. Write down the authorized expiry date and the date you left (or plan to leave). The fine bracket depends on this period.
- Ask the competent immigration office about your situation. The path depends on whether you have grounds to remain or need to depart.
- Meet the deadlines on any summons or notice. A summons states its purpose, date and place (Enforcement Decree, Article 58), and a fine notice runs 15 days from receipt.
- Organize your explanation. Reasons for the delay such as hospitalization or document delays, with evidence, and your family and work circumstances. Stick to facts; statements that do not match the record can hurt you.
7. What an administrative scrivener can do
We prepare and submit residence-related applications, draft written statements explaining how the delay happened, and organize and translate supporting documents. Investigation and criminal trial defense after a complaint is filed is outside the scope of an administrative scrivener and we do not handle it.
If your period has already passed, the fine bracket can move up the longer you wait. If you hold a notice or summons, check the dates on it first, then review the remaining deadline and your supporting materials together.