Questions by situation
Each answer starts with the short answer, then when it applies and when it does not, the documents, and the timeline.
Can I extend my Korea visa if I got a fine for drunk driving as a foreigner?
If you only received a criminal fine, you can still apply for an extension, but the review will see it as a criminal record and you may be asked to explain it or the permit may be restricted. Criteria differ by status: for overseas Koreans (F-4), once the total of fines in Korea reaches 7 million won or more, granting of the status is restricted for 3 years from the date the fine that brought the total to that level was fully paid, and the skilled worker points system (E-7-4) excludes applicants with a criminal fine of 3 million won or more in the last 10 years. When applying, prepare the summary order or judgment, the fine payment receipt, a letter of apology and employment and tax records. You must apply before your period of stay ends, and if it is denied you must leave by the departure deadline set within 14 days of the notice's issuance date.
Will a DUI get me deported from Korea?
A criminal fine alone does not meet the deportation ground of 'a person released after being sentenced to imprisonment without labor or heavier', but if you are sentenced to imprisonment with or without labor for drunk driving and then released, you can become subject to deportation. Permanent residents (F-5) are not deported unless an exception set by law applies, such as crimes of insurrection or foreign aggression or certain serious crimes with a sentence of 5 years or more of imprisonment with or without labor. At the review stage, explain why you need to remain in Korea using the judgment, a letter of apology and family relationship and employment documents. If you receive a deportation order, you must file an objection with the Minister of Justice through the immigration office with jurisdiction within 7 days of receiving it.
If my Korean is limited, can I get an interpreter when immigration questions me about a DUI case?
Yes. When an immigration officer questions you, statements by a person who does not understand Korean are to be interpreted by an interpreter, and your statement is written in a record and then read to you or shown to you to confirm nothing is wrong. If you ask for corrections or additions, that statement must also be entered in the record, so before signing, make sure the date, place and circumstances of the incident are accurate. Before appearing, prepare a note setting out what happened in chronological order and copies of the summary order or judgment so your statement stays consistent.
Besides the DUI fine, do I have to pay a separate immigration fine in Korea?
Drunk driving alone does not lead to an immigration fine. An immigration fine (notice of disposition) is imposed on immigration offenders who broke the Immigration Act, so it is different in nature from a drunk driving fine. However, if an Immigration Act violation such as overstaying or failing to report a change of address is also found during the investigation, that part can separately be subject to an immigration fine. If you receive a notice, you must pay within 15 days of being served it, and if you do not pay within that period, a criminal referral is made.
I am an overseas Korean (F-4) — will multiple drunk driving fines block my F-4 extension?
They can. Once the total of fines imposed for violating Korean law reaches 7 million won or more, granting of overseas Korean (F-4) status and related permits is restricted until 3 years have passed from the date the fine that brought the total to 7 million won or more was fully paid. Even if the total is lower, a person sentenced to imprisonment without labor or heavier for habitual (3 or more times) drunk driving is separately subject to the restriction. Before applying, gather the judgment and payment receipt for each fine to confirm the total and the full payment date, and if a restriction period remains, first look at other ways to maintain your stay in the meantime.
I work on an E-9 visa and want to switch to skilled worker (E-7-4) — does a drunk driving fine rule me out?
It depends on the amount. The skilled worker points system (E-7-4) excludes applicants who received a criminal fine of 3 million won or more within the last 10 years as of the application date, and below 3 million won up to 20 points are deducted depending on the number of times. In skilled worker reviews, criminal records during your stay in Korea such as drunk driving, assault or theft are also considered as grounds for withholding a Certificate for Confirmation of Visa Issuance (사증발급인정서). Before applying, confirm the date and amount of the sentence with the judgment and fine payment receipt, and prepare bonus-point documents such as length of service or Korean qualifications to offset the deduction.
Can I apply for Korean permanent residency (F-5) if I have a drunk driving record?
You can apply, but the permanent residence (F-5) review checks the requirement that you show good conduct, such as obeying Korean law, so your drunk driving record will be reviewed. Criteria differ by type of permanent residence; for example, for K-STAR permanent residence (F-5-S1), a change of status is in principle not granted if 3 years have not passed since the date you paid the fine. A person with a violation of Korean law in the last 10 years who still meets the conduct requirement and is expected to be approved may also be required to attend law-abiding citizen education. It is best to choose your application timing with the judgment, fine payment receipt, a letter of apology and income documents ready.
I am a marriage migrant (F-6) living with my Korean spouse and got a criminal fine for drunk driving — will it be a problem for my extension?
A criminal fine does not mean your marriage migrant (F-6) extension is automatically refused, but the review will check your criminal record, so be ready to explain what happened. The key is to show that your marriage is continuing normally and that you are making efforts to prevent a recurrence. Prepare the judgment, fine payment receipt, a letter of apology, a petition letter from your Korean spouse, the marriage relationship certificate and the resident registration copy. If you plan to change to permanent residence (F-5) later, there will be a separate good conduct review then, so keep the disposition documents.
I settled with the victim of my drunk driving accident in Korea — will the settlement agreement help in the immigration review?
A settlement is not a statutory requirement for the disposition, but it can be attached to your statement of opinion as evidence that you tried to repair the harm caused. If the settlement is complete, organize the original agreement and proof of compensation such as an insurance claim confirmation; if it is still in progress, organize records of contact and payments. In your letter of apology, do not hide the circumstances, and describe specifically what you changed afterwards, such as disposing of the vehicle or completing a course. If you have been asked to appear, have the documents ready before the date in the notice, and if the date is difficult, contact the office in advance to adjust it.
If I receive a departure order in Korea because of drunk driving, by when do I have to leave?
You must leave by the departure deadline written in the departure order, which is set within 30 days of the order's issuance date. The office can attach conditions such as a residence restriction or require a performance deposit of up to 20 million won, and if you do not leave by the deadline or break the conditions, a deportation order is issued without delay and all or part of the deposit can be forfeited to the national treasury. If you clearly cannot leave in time for unavoidable reasons such as no available transport or illness, you can apply for postponement with an application stating the reason and supporting documents. Unlike deportation, a departure order does not directly fall under the '5 years after deportation' entry ban ground, but whether an entry ban (입국금지) applies when you return must be checked separately.
I have a drunk driving fine on record — can I change from student (D-2) to job seeker (D-10) after graduating in Korea?
It depends on the amount and timing of the fine. Job seeker (D-10) status restricts those who were sentenced to a criminal fine of 3 million won or more for violating Korean law within 3 years of the application date, or to imprisonment without labor or heavier within 5 years. If you do not fall under these criteria, simply add the judgment and fine payment receipt to your D-10 application documents and explain what happened. Once your current period of stay ends you will be overstaying, so apply before then in line with your graduation schedule.
Key terms
- Immigration offense review (출입국사범심사)
- The term used in practice for the process in which an immigration office investigates and reviews a foreigner who violated the Immigration Act or received a criminal disposition and decides on a stay permit, departure order, deportation or other disposition.
- Immigration offender (출입국사범)
- A person recognized as having committed an offense under the penalty and administrative fine provisions of the Immigration Act.
- Deportation order (강제퇴거명령서)
- The written order issued to a suspect when the head of the regional immigration office finds after review that the person is subject to deportation; the person must also be told that an objection can be filed with the Minister of Justice.
- Departure order (출국명령서)
- The written order issued when ordering departure, for example to a person subject to deportation who wishes to leave voluntarily at their own expense; it states the departure deadline and conditions such as a residence restriction.
- Performance deposit (이행보증금)
- A deposit of up to 20 million won that may be required when a departure order is issued; all or part of it can be forfeited to the national treasury if the departure deadline or conditions are breached.
- Postponement of the departure deadline (출국기한 유예)
- Extending the departure deadline when a person who received a departure recommendation, departure order or stay permit denial clearly cannot leave in time for unavoidable reasons such as no available transport or illness.
- Good conduct requirement (품행단정 요건)
- A requirement in reviews for long-term statuses such as permanent residence (F-5) that the applicant show good conduct, including obeying Korean law.
