International students sometimes take a part-time job without part-time work permission, start work at a new employer without a workplace change permit, or join outside research unrelated to their studies, and then face an inquiry from the immigration office. Most of these situations come down to activity outside your status of sojourn.
This article explains which dispositions are possible when such activity is detected and what to keep in mind during the offense review, based on the text of the Immigration Act and what the Ministry of Justice "Foreigner Stay Guidance Manual" (March 2026) actually says.
This article relies only on the current statutory text at law.go.kr and what the Ministry of Justice manual states. The manual is a status-by-status application guide and does not describe the detailed procedure of an offense review. Actual dispositions and procedures depend on the case and the competent office, so always give priority to the documents you received and the office's instructions.
1. What is an activity outside your status? Article 20
Article 20 of the Immigration Act provides that a foreigner staying in Korea who wishes to engage in an activity of another status of sojourn, together with the activity of his or her own status, must obtain in advance permission for activities outside the status of sojourn from the Minister of Justice, as prescribed by Presidential Decree. The manual cites Article 25 of the Enforcement Decree and Article 29 of the Enforcement Rule (limits of activities outside status) as the basis for this permission.
Typical examples in the manual:
- Research by D-2 students: acting as a researcher for a general company or organization is prohibited, and working requires a change of status. Dispatch or support work at an outside research institute other than the student's own university is described as strictly prohibited.
- Research or internships outside the home university: where research funding comes from an outside institution, part-time work permission is needed if it is linked to studies, and permission for activities outside status is needed if it is unrelated to studies.
2. What dispositions are possible if detected
Immigration officers may investigate a foreigner suspected of falling under a ground for deportation (Article 47). Depending on the result, there are three main types of disposition.
| Disposition | Basis | Content |
|---|---|---|
| Notification disposition | Art. 102 | When evidence of an offense is confirmed, a written notice requires payment of a fine |
| Departure order | Art. 68 | An order with a departure deadline, e.g., for a person who wishes to leave voluntarily at own expense; also covers a person for whom departure after a notification disposition is deemed appropriate |
| Deportation | Art. 46(1), Art. 59(2) | A deportation order if the person is found to fall under the grounds for deportation |
A person who violates Article 20 is listed as a deportation subject in Article 46(1), item 8. However, being listed is different from a deportation order actually being issued. The competent office decides the disposition case by case.
Criminal penalty provisions also exist separately. Article 94 of the Immigration Act provides that a person falling under any of its subparagraphs shall be punished by imprisonment for up to 3 years or a fine of up to 30 million won, and item 12 lists "a person who, in violation of Article 20, engages in an activity of another status of sojourn without permission for activities outside the status of sojourn."
3. Handling standards by type in the manual
The following are the places where the Ministry of Justice manual states disposition steps relatively concretely. Each is a standard for that type only and does not apply unchanged to every case.
| Type | Handling standard stated in the manual |
|---|---|
| D-2 part-time work: working without permission | First detection: if the violation is minor, notification disposition and then stay permission. Illegal work in construction: departure order without exception (entry ban deferred). Second detection: deportation |
| D-2 part-time work: permitted but conditions violated | 1st: strict warning; 2nd: part-time work not allowed during the study period; 3rd: cancellation of the student status |
| Working without permission to change or add a workplace | First violation: notification disposition, then change of workplace allowed. If there are two or more violations in the past 2 years, or the employer is on the invitation-restricted list: in principle, notification disposition then departure |
| Violating the regional restriction of F-4-R (regional-specialized overseas Korean) | Notification disposition and cancellation of status possible |
The table shows that even for similar activity, the outcome can differ by status, number of violations, industry, and the employer involved.
4. Points to keep in mind during the offense review
The investigation and review that determine whether a notification disposition or deportation follows is commonly called the offense review (사범심사). In the manual, the term appears only once, in the phrase "stay permission decision (including the offense review)" inside a permanent-residence disqualification sentence, and the procedure itself is not explained. For that reason, this article does not assert detailed procedures or required documents.
Practical principles to remember:
- Recall and organize the facts accurately. When you started, where, what you did, and whether you did not know a permit was needed are central points examined in the inquiry.
- Follow the competent office's instructions on documents. They can differ by case, so if instructions are unclear, it is safer to confirm with the office before submitting.
- When a deportation order is issued, you are informed that an objection can be filed. The law requires the head of the immigration office to inform the person that an objection may be filed with the Minister of Justice when issuing a deportation order (Article 59(4)).
- The permission itself may be cancelled. The Minister of Justice may cancel or change permissions under Article 20, and may call the person in to hear their opinion (Article 89).
5. If you received a notification disposition
On receiving the notice you must pay the fine within 15 days, and if you do not pay within that period, a criminal complaint is in principle filed (Article 105). If you pay as notified, you will not be punished again for the same case (Article 106). The checkpoints and the order of payment and explanation are covered in What to Do When You Receive an Immigration Fine Notice.
6. How disposition history affects later stays
The record may be reflected in later reviews even after the matter ends. Examples stated in the Ministry of Justice manual:
- F-2 points system deductions: Immigration Act violation history is a deduction item. For notification disposition, the standard is within 3 years of the application date (counted from the payment date); for departure order and deportation, within 5 years of the application date.
- F-5 (permanent residence) disqualification: includes cases where 7 years have not passed since leaving after a deportation order, or 5 years since leaving after a departure order. It also includes a fine of 5 million won or more in the last 3 years, or combined fines of 7 million won or more.
7. Practical order of response
- Confirm the content of what you received, such as the inquiry notice or the fine notice (legal basis, alleged violation, deadline), exactly as written.
- If your current activity may be an activity outside your status, stop it before continuing and check with the office whether permission is required.
- Organize the facts in chronological order and prepare requested materials as the office instructs.
- If you are worried about later extension, change of status, or a permanent residence application, review your entire stay history together with an expert such as an administrative agent office.
Matters likely to move into criminal procedure belong to a separate legal process, while immigration offense review and status response fall within an administrative agent's practice.
8. Check your situation now
If you have received an inquiry notice or a fine notice and want to also check how it could affect your future status, Sunshine Administrative Agency Office can guide you from reviewing the documents you received through preparing supporting materials.
Related posts:
- What to Do When You Receive an Immigration Fine Notice (2026)
- Immigration Offense Review Guide
- Illegal Employment & Unauthorized Activity Dispositions
- Immigration Act Penalties — Full Guide
Legal sources:
- Immigration Act, Articles 20, 46, 47, 59, 68, 89, 94, 102, 105, 106: https://www.law.go.kr
- Ministry of Justice, Foreigner Stay Guidance Manual (March 2026)
- HiKorea (Ministry of Justice): https://www.hikorea.go.kr