Departure Order — Deadline, Conditions and What Happens If You Miss It
A departure order is a disposition under Article 68 of the Immigration Control Act by which the head of the immigration office orders a foreigner to leave Korea by a set deadline. It is different from a deportation order (Article 59) and from a departure recommendation (Article 67), so first check the exact name on the document you received.
Who can receive a departure order?
Article 68(1) of the Immigration Control Act allows a departure order in the following cases.
- A person found to fall under a deportation ground (Article 46(1)) who intends to leave voluntarily at their own expense
- A person who received a departure recommendation (Article 67) but did not comply
- A person whose permits were cancelled under Article 89, or whose permanent residence was cancelled under Article 89-2(1) (except those granted general status)
- A person for whom departure is found appropriate after an administrative fine or a notice of disposition (fine in lieu of prosecution)
What to check on the departure order
A written departure order is issued (Article 68(2)). Check the following first.
- Deadline: Article 65 of the Enforcement Rule requires the deadline to be set within 30 days from the date of issue. Follow the date written on your order.
- Conditions: Restrictions on residence or other necessary conditions may be attached (Article 68(3)).
- Performance bond: If deemed necessary, you may be required to deposit a bond of up to KRW 20 million (Article 68(3)).
- Extension: If it is clear you cannot leave in time because no transport is available, or because of illness or another unavoidable reason, you can apply to postpone the deadline (Enforcement Rule Article 33).
If you miss the deadline or break a condition
If you do not leave by the deadline or violate an attached condition, a deportation order is issued without delay, and all or part of the deposited bond may be forfeited to the state (Article 68(4)).
Effect after departure
Leaving under a departure order within the past 5 years is a disqualification for permanent residence (F-5) under Enforcement Rule Article 18-4(1)1(g). Whether entry is banned is decided by the Minister of Justice under Article 11, so check your document and ask the competent immigration office.
See also
How Sunshine Can Help
We can help people who received a departure order with the following:
- Reviewing the deadline, conditions and bond stated in the order
- Preparing the reasons and evidence for a deadline postponement
- Checking the appeal notice in your documents (availability and time limit)
- Planning for a later visa application or re-entry