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 penalties does an employer in Korea face for hiring a foreign worker illegally?
Anyone who hires a foreign national without a work-eligible status of stay faces up to 3 years in prison or a fine of up to 30 million won under the Immigration Act, and when an employee did the hiring in the course of business, the company or the individual business owner can also be fined (unless they exercised due care and supervision). If the investigation confirms the offense, the immigration office can issue an immigration fine (범칙금); paying it within 15 days of receiving the notice means you will not be punished again for the same case, while failing to pay leads to a criminal referral. If the offense is serious enough to warrant imprisonment or heavier, it is referred to prosecutors immediately without a fine notice. For the investigation, prepare the employment contract, wage payment records, and records showing you checked the worker's status of stay at hiring.
Can a company that paid a fine for illegally hiring foreigners in Korea invite foreign workers again?
A Certificate for Confirmation of Visa Issuance may be withheld for a certain period. If the company received and paid a criminal fine or immigration fine of 5 million won or more for illegal hiring, the certificate may be refused until 3 years have passed from the payment date, or 1 year if the amount was under 5 million won; for a prison sentence or a suspended sentence, the 3-year standard applies. The period may be set shorter after considering the risk of reoffending and the motive and consequences of the violation. Businesses whose visa sponsorship is restricted because of past penalties for illegal hiring also cannot employ international students for part-time work.
If I have an E-9 worker from another company work for me without permission, can I as the employer be punished too?
Yes, you can. Anyone who hires a foreign national who has not obtained permission to change or add a workplace faces up to 1 year in prison or a fine of up to 10 million won, and the corporate liability provision can also apply to the company or individual business owner. The worker who changed or added a workplace without permission faces the same penalty and may also be subject to deportation. Before they start working with you, check the worker's residence card and the scope of their permit, and if needed, apply for permission to change or add a workplace first.
Can someone who found a job for an undocumented foreigner in Korea be punished?
Yes. Brokering or soliciting the employment of a foreign national without a work-eligible status as a business carries up to 3 years in prison or a fine of up to 30 million won, and even one-off brokering or soliciting not done as a business carries a fine of up to 5 million won. Keeping such a foreign national under your control for the purpose of brokering employment also carries up to 3 years in prison or a fine of up to 30 million won, and a broker who is a foreign national may be subject to deportation. If you are investigated, organize materials showing how the referral happened, whether you received payment, and whether it was repeated, and give a truthful statement.
What happens if I enter Korea on a tourist (B-2) or visa waiver (B-1) and get caught working?
You worked without a work-eligible status of stay, so you face up to 3 years in prison or a fine of up to 30 million won and are subject to deportation. Depending on the investigation, you may receive a fine notice and leave voluntarily under a departure order (출국명령), or you may receive a deportation order (강제퇴거명령). A person who intends to leave voluntarily at their own expense may qualify for a departure order, so prepare your passport, a return flight reservation, and proof of your address and contact details. If you leave under a deportation order, you may be barred from entering Korea until 5 years have passed.
Is it illegal work for an international student (D-2) in Korea to work as a delivery app rider?
It can be illegal work, because this is not work that can be permitted. For student part-time work, activities as special-type workers such as parcel couriers, delivery agency riders, and insurance agents are designated as restricted fields. Engaging in activities belonging to another status of stay without permission carries up to 3 years in prison or a fine of up to 30 million won, and a minor violation may lead to a departure recommendation while a more serious one may lead to deportation. If you have already worked, organize your work period, income records, and enrollment and transcript certificates to explain the circumstances, and consider obtaining a new part-time work permit for an allowed field.
I received an immigration fine notice for illegal work in Korea — when and how do I have to pay it?
You must pay it at a designated collection institution (such as a national treasury bank or post office) within 15 days of receiving the notice; credit cards are accepted, but installment payments are not. If you do not pay within the period, you will be referred to prosecutors, but paying before the referral prevents it. Paying the fine as notified means you will not be punished again for the same case. The fine can be reduced by up to one half of the standard amount considering your age, circumstances, the motive and consequences of the violation, and your ability to pay, so it is important to document these circumstances during the investigation before the notice is issued.
If I pay the immigration fine for illegal work, can I keep working in Korea?
Paying the fine does not secure your stay. If departure is deemed appropriate after the notice of disposition, you may receive a departure order, and even if you remain, your fine history will be reviewed in later extension or change applications. For example, the job-seeker (D-10) status is restricted if the fine was 5 million won or more for a first offense, or 7 million won or more combined over the last 3 years for repeat offenses, and the overseas Korean (F-4) status is restricted for 3 years from the full payment date once the total fines reach 7 million won or more (reduced to 1 year if 100 or more hours of volunteer work over at least 6 months is confirmed). Keep your fine payment receipt, your statement of circumstances, and documents showing your current lawful employment together.
What happens if an E-9 worker in Korea works on weekends somewhere other than their designated workplace?
Working somewhere other than the designated workplace carries up to 1 year in prison or a fine of up to 10 million won, and the worker may also be subject to deportation. The employer who had them work is also liable for hiring a foreign national without permission to change or add a workplace. During the investigation, state truthfully your work period, the wages you received, and your work at the original workplace, and prepare a certificate of employment from the original workplace. If you receive a fine notice, you must pay within 15 days of receiving it.
Is it illegal work for an overseas Korean (F-4) to do simple labor such as day jobs at construction sites?
Simple labor falls within the employment restrictions for overseas Koreans (F-4) and can be a violation. F-4 holders cannot work in simple labor, in activities contrary to good morals such as gambling-type businesses, or in other cases where restrictions are needed for the public interest or labor market order, and violating these restrictions makes them subject to offense proceedings. Those who wish to keep working at a workplace where they previously filed an employment start report under the visit-and-work (H-2) status can obtain permission to engage in activities outside their status of stay. If you are worried about a violation, organize your employment contract and actual job duties and first check whether the occupation falls within the restricted range.
Key terms
- Restrictions on employing foreign nationals (외국인 고용의 제한)
- The principle that a foreign national may work only with a status of stay that permits employment, and that no one may hire, broker, or solicit the employment of a person without such status.
- Notice of disposition / fine notice (통고처분)
- A disposition in which the head of the regional immigration office, after obtaining conclusive evidence of an offense through investigation, notifies the offender in writing, with reasons, to pay an immigration fine at a designated place.
- Immigration fine (범칙금)
- An amount equivalent to a criminal fine that must be paid under a notice of disposition within 15 days of receiving the notice; paying as notified means no further punishment for the same case.
- Corporate liability provision (양벌규정)
- A rule under which, when an employee of a company or individual commits a violation such as illegal hiring in the course of business, the company or individual is fined in addition to the offender, unless due care and supervision were exercised.
- Permission to change or add a workplace (근무처의 변경·추가 허가)
- Permission from the Minister of Justice that a foreign national must obtain in advance to change or add a workplace within their status of stay; for some professionals, a report within 15 days replaces it.
- Permission for activities outside the status of stay (체류자격 외 활동허가)
- Permission a foreign national must obtain in advance to engage in activities belonging to another status of stay alongside the activities of their own status.
- Integrated standards for restricting stay permits (체류허가 제한 통합기준)
- Standards that restrict stay permits for people who received immigration fines for Immigration Act violations; in job-seeker (D-10) reviews, fines of 5 million won or more for a first offense, or 7 million won or more combined over the last 3 years for repeat offenses, are used as restriction thresholds.
