Questions by situation
Each answer starts with the short answer, then when it applies and when it does not, the documents, and the timeline.
What is the difference between an immigration fine, an administrative fine and a criminal fine in Korea?
The three differ in who imposes them and what they are. An immigration fine (범칙금) is an amount equivalent to a criminal fine that the head of the regional immigration office notifies an immigration offender to pay once an Immigration Act violation is confirmed; an administrative fine (과태료) is an administrative sanction imposed and collected by immigration for breaching reporting or registration duties; and a criminal fine is a penalty set by a court through a judgment or summary order. Checking whether the document you received is a fine notice, an administrative fine notice, or a judgment or summary order tells you which one it is. An immigration fine must be paid within 15 days of receiving the notice, so write down the date you received the document.
Can I extend my Korea visa after paying a criminal fine?
Paying a fine does not automatically block an extension, but the extension review checks your criminal record and fine payment information, so the result depends on the case and the criteria for your status of stay. For example, a change to permanent residence (F-5) looks at the good conduct requirement based on 3 years from the date the fine was paid, while an extension of residence (F-2) status requires law-abiding citizen education if the violation was within 5 years of the fine payment date, and so on for each status. When applying, add the judgment or summary order, the fine payment receipt and a statement of remorse and prevention measures to the extension application and the documents for your status. You must apply before your period of stay ends.
I received an immigration fine notice in Korea — by when and where do I have to pay it?
You must pay within 15 days of being served the notice at the collection institution designated in it (Bank of Korea head office or branches, national treasury agencies, post offices and so on). The notice states the fine amount, the violation, the place of payment and the deadline, and a payment slip comes attached, so follow what it says. You can also pay by credit or debit card, in which case the approval date of the payment agency is treated as the payment date. Keep the receipt, as it will serve as a supporting document in later extensions or changes of status.
What happens if I cannot pay my Korean immigration fine within 15 days?
If you do not pay within the period, the head of the regional immigration office is to make a criminal referral, and the case may move into criminal proceedings with a criminal penalty such as a fine. However, no referral is made if you pay before it happens, and no referral is made for a person who has been issued a deportation order even if the fine is unpaid. An immigration fine cannot be paid in installments, so you need to have the full amount ready by the deadline. Check the notice and payment slip and work out how much time you have left.
Can I pay a Korean immigration fine in installments or by credit card?
It cannot be paid in installments and must be paid at once. Instead, you can pay by credit or debit card through a designated fine payment agency, in which case the approval date becomes the payment date. Card payment may carry a service fee, set at no more than 15/1,000 of the fine amount. Whichever method you use, the 15-day deadline from receipt of the notice is the same, so keep the receipt or approval record.
If I pay the immigration fine in Korea, will I avoid criminal punishment or other dispositions?
If you pay the fine as notified, you will not be punished again for the same case. However, this concerns criminal punishment only; stay dispositions are separate, so if departure is found to be appropriate after the fine notice, you can still receive a departure order. Fine payment information can also be checked in stay permit reviews, so you may need to explain the violation in your next extension or change application. Keeping the payment receipt together with a copy of the notice lets you submit them right away when that happens.
Can I receive both an immigration fine and a court fine in Korea?
For the same case, you will not be punished again after paying the immigration fine as notified, but different cases are handled separately. For example, you may pay an immigration fine for unauthorized employment and also receive a court fine in a separate drunk driving case. Even for an Immigration Act violation, if the investigation finds the circumstances warrant imprisonment without labor or heavier, the case is referred for prosecution directly without a fine notice and goes into criminal proceedings. Both records can be checked in stay permit reviews, so keep the disposition documents and payment receipts for each case separately.
Can my immigration fine in Korea be reduced or waived?
It is possible. An immigration fine can be reduced or increased within one half of the standard amount taking into account your age and circumstances, the motive and result of the violation, your ability to pay and the number of violations, and the Minister of Justice can exempt you from the fine notice altogether based on the same factors. These circumstances need to be explained at the investigation and review stage to be reflected, so it is best to submit a statement of opinion before the notice is issued. Submit income and asset records, proof of family support, a written account of the violation and a letter of apology. If you have already received the notice, you must still meet the 15-day payment deadline.
I got an administrative fine in Korea for reporting a change in my alien registration details late — can it be waived?
Administrative fines can also be waived. The Minister of Justice can exempt an Immigration Act administrative fine taking into account circumstances such as age and situation, the motive and result of the violation and the ability to pay. Prepare documents showing why the report was late (hospitalization, business trip and so on) and a written explanation. An administrative fine is an administrative sanction, not a criminal penalty, but payment information can be checked in stay permit reviews, so do not miss the deadline stated in the notice.
I have to leave Korea soon but received an immigration fine notice — how do I pay it?
A person who received a fine notice can submit a provisional payment application to the immigration office and pay the fine provisionally. When immigration receives the provisional payment, it issues a provisional payment receipt and deposits the money with the collection institution. This is worth checking when your departure schedule is tight, so bring your passport and the notice. Regardless of your departure schedule, you must take care of it within 15 days of receiving the notice to avoid a criminal referral.
Is a traffic fine (ticket) from the Korean police the same as an immigration fine?
No. A traffic fine is notified by a police station chief or similar official through a fine payment notice for a violation under the Road Traffic Act, while an immigration fine is notified by the head of the regional immigration office for an Immigration Act violation. However, violations not eligible for a traffic fine, such as causing a traffic accident or drunk driving, go into criminal proceedings and can result in a criminal fine, which can then be checked as a criminal record in stay permit reviews. First check whether the notice you received was issued by the police or by immigration, and if it is a criminal case, keep the disposition documents.
If I am held in a workhouse because I could not pay a fine, what date does the Korean permanent residency (F-5) review use?
Under the good conduct requirement for a change to permanent residence (F-5), 3 years must have passed since you received a criminal fine and paid it, and if you were held in a workhouse for non-payment, the date the detention ended is treated as the payment date. People with other payment obligations, such as forfeiture amounts, are handled the same way. Keep the judgment and a document confirming the end date of the workhouse detention so you can accurately show when the 3 years began. This is the F-5 standard; other statuses of stay use different criteria, so check the criteria for the status you plan to apply for.
How can I find out how much the immigration fine for my Immigration Act violation in Korea will be?
Standard amounts are set in a statutory schedule according to the type of violation and its duration (or the number of times), and you can look them up by type in the table on this page. However, the actual amount can be reduced or increased within one half of the standard amount taking into account age, circumstances, motive, ability to pay and the number of violations, and in unavoidable cases it can be set differently with the approval of the Minister of Justice. The definitive amount is the fine stated in the notice you receive. If you have received a notice, check the amount and keep the 15-day payment deadline in mind first.
Key terms
- Immigration fine (범칙금)
- An amount equivalent to a criminal fine that the head of the regional immigration office notifies a person to pay at a designated place when an immigration offense investigation confirms the offense.
- Notice of disposition / fine notice (통고처분)
- A disposition notifying a person in writing to pay an immigration fine, delivered by serving the notice.
- Fine notice document (통고서)
- A document stating the person's details, the fine amount, the violation, the provisions applied, the place and deadline of payment and the date of the notice, served together with a fine payment slip.
- Administrative fine (과태료)
- A monetary sanction imposed and collected by the head of the regional immigration office on a person who breaches Immigration Act duties such as applying for an alien registration card or reporting changes in registered details.
- Criminal fine (벌금형)
- A monetary criminal penalty imposed by a court through a judgment or summary order; unlike immigration fines and administrative fines, it can be checked as a criminal record in stay permit reviews.
- Provisional payment (임시납부)
- A method in which a person who received a fine notice submits a provisional payment application to the immigration office and pays the fine directly, receiving a provisional payment receipt.
- Fine payment agency (범칙금 납부대행기관)
- An institution designated by the Minister of Justice to allow immigration fines to be paid by credit or debit card; its approval date is treated as the payment date.
- Exemption from a fine notice (통고처분 면제)
- A decision by the Minister of Justice not to issue an immigration fine notice, taking into account the offender's age and circumstances, the motive and result of the violation and the ability to pay.
