Penalties

Started a New Activity Before Your Change of Status Was Approved? Fines and the Right Order

To do an activity that differs from your status you must get a change of status permit first. Penalties for acting early and the deadline if refused.

By · Sunshine · Law in Korea
Close-up of a hand signing a document: Started a New Activity Before Your Change of Status Was Approved? Fines and the Right Order

When your work in Korea changes, for example from study to employment, your status must change too. The most common mistake is thinking the permit will come soon so you may start working first. This guide sets out the rule and what follows if you reverse the order.

Key points

  • A foreign national who wants to do an activity that falls under a status other than the current one must obtain the Minister of Justice's change permit in advance (Article 24(1)).
  • A person exempt from registration (Article 31(1)) whose personal status changes must obtain the permit within 30 days of the change (Article 24(2)).
  • Acting without the permit can bring up to 3 years in prison or a fine of up to KRW 30 million (as of October 2026, Article 94, item 16), and is a ground for deportation (Article 46(1), item 8).

1. When is a change permit needed?

The test in Article 24(1) is the 'activity'. To do an activity that falls under a different status, going beyond what your current status allows, you need a permit before you do it. For example, a student who wants to take up employment may fall here. For lesser departures from the scope of your status there is a separate permit for activities outside status (Article 20); see the guide on activities outside status and your office's guidance to tell which applies.

2. Application procedure

Under Enforcement Decree Article 30, submit a change of status application with the documents set by Ministry of Justice rule to the office head. The head attaches an opinion and forwards it to the Minister; if permitted, the passport is stamped or given a sticker, or the issue of a registration card replaces it. Review follows the criteria under Enforcement Rule Article 31-2.

3. What if you act before permission?

Article 94, item 16 punishes a person who engages in an activity of another status without a permit in breach of Article 24 with up to 3 years in prison or a fine of up to KRW 30 million (as of October 2026). It is often settled by a penalty fine notice, and the Enforcement Rule Annex 7 standard amounts depend on the period.

Period of violation Standard fine
Under 1 month KRW 500,000
1 to under 3 months KRW 1 million
3 to under 6 months KRW 2 million
6 months to under 1 year KRW 5 million
1 to under 2 years KRW 10 million

Amounts can be reduced or increased within one half depending on age, circumstances, motive and ability to pay (Enforcement Rule, Article 86(2)). A notice must be paid within 15 days (Article 105(1)), and after payment you are not punished again for the same matter (Article 106). The record can affect later permit reviews, so see the overview of immigration penalties.

4. If the change is refused

Enforcement Decree Article 33(1) says the applicant is notified when permission is not granted and may be allowed to stay in the status already granted. A departure deadline, if written, is within 14 days of issue (paragraph 2). Reasons for refusal are also covered in the visa denial guide.

5. The right order

  1. Decide what the new activity is. Check whether it is within your current status or belongs to another one.
  2. Do not start the new activity before permission. Start after approval, not on the day you file.
  3. Prepare documents and apply. Documents differ by status, so check your office's guidance.
  4. Read the notice carefully. On refusal it states a departure deadline or whether your current status continues.
  5. If you already started, stop and organize what happened. The longer the period, the higher the standard amount.

6. What an administrative scrivener can do

We prepare and submit change of status applications, check documents by status, 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 have not started the new activity yet, check the order of permission first. If you already have, organize the period and seek advice.

Frequently Asked Questions

Q. Can I start the new activity once I have applied for a change of status?

No. Article 24(1) says that to engage in an activity that falls under a different status, you must obtain the Minister of Justice's permit in advance. The article does not say you may start once the application is filed, so begin only after approval. If unsure about timing, confirm with your immigration office.

Q. How much is the penalty for acting without permission?

Up to 3 years in prison or a fine of up to KRW 30 million (Article 94, item 16). In practice it is often settled by a penalty fine notice, and the Enforcement Rule Annex 7 standard amounts are KRW 500,000 for under 1 month, KRW 1 million for 1 to 3 months, KRW 2 million for 3 to 6 months and KRW 5 million for 6 months to 1 year (as of October 2026). It is also a ground for deportation (Article 46(1), item 8).

Q. If the change is refused, must I leave immediately?

Not necessarily. Enforcement Decree Article 33(1) says the applicant is notified and may be allowed to stay in the status already granted. If a departure deadline is written, it is within 14 days of issue (paragraph 2). Read the notice first.

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