Situation guide

I received a departure order (exit order)

This page sets out what to check first after receiving a departure order (exit order, 출국명령서). A departure order is a different measure from a deportation order, with a different legal basis, and the procedure and outcome may differ depending on the individual case.

What this situation means

For the person concerned

A departure order is issued by the head of the regional immigration office to a foreign national who falls under one of the items of Immigration Act Art. 68(1) — for example, a person found to fall under a ground for deportation who wishes to leave voluntarily at their own expense, or a person who did not comply with a departure recommendation.Source: Immigration Act (출입국관리법) Art. 68(1)
When a departure order is made, a written departure order is to be issued.Source: Immigration Act (출입국관리법) Art. 68(2)
When issuing the departure order, the office sets a departure deadline, may attach conditions such as a restriction on residence, and, if deemed necessary, may require a performance deposit.Source: Immigration Act (출입국관리법) Art. 68(3)
A deportation order is a separate measure made when, after review, a person is found to fall under a ground for deportation.Source: Immigration Act (출입국관리법) Art. 59(2)

For family members

The departure deadline and conditions on the order apply to the person who received it. Family members should check the deadline and conditions on the order together with that person.Source: Immigration Act (출입국관리법) Art. 68(3)
If the person does not leave by the set deadline or breaches an attached condition, a deportation order is to be issued. Family members should keep the deadline in mind too.Source: Immigration Act (출입국관리법) Art. 68(4)

Deadlines

The departure deadline is to be set within 30 days from the date the departure order is issued. Check the actual deadline on the departure order you received.Source: Enforcement Rule of the Immigration Act (출입국관리법 시행규칙) Art. 65(1)
If it is clear that the person cannot leave within the deadline because there is no available ship or flight, or because of illness or another unavoidable reason, the deadline may be deferred. To request this, submit a departure-deadline deferral application with materials explaining the reason.Source: Enforcement Rule of the Immigration Act (출입국관리법 시행규칙) Art. 33(1) · Enforcement Rule of the Immigration Act (출입국관리법 시행규칙) Art. 33(2)
When an administrative agency makes a disposition, it is to inform the person whether an administrative appeal can be filed and of the procedure and time limit. Check whether the document you received explains how and by when to appeal.Source: Administrative Appeals Act (행정심판법) Art. 58(1)

3 things to do now

Check the deadline and conditions

For the person concerned: Check the departure deadline, any conditions such as a restriction on residence, and whether a performance deposit was required.

For family members: Check the deadline and conditions together with the person concerned and keep a copy of the departure order.

Source: Immigration Act (출입국관리법) Art. 68(3)

Prepare to leave, or organise reasons for deferral

For the person concerned: Check your passport and travel arrangements so you can leave within the deadline. If there is an unavoidable reason such as illness, ask the office about the deferral procedure.

For family members: If there is a reason such as illness, help organise materials that explain it.

Source: Enforcement Rule of the Immigration Act (출입국관리법 시행규칙) Art. 33(1) · Enforcement Rule of the Immigration Act (출입국관리법 시행규칙) Art. 33(2)

Check the appeal information

For the person concerned: Check whether the document you received states whether an administrative appeal can be filed, and the procedure and time limit.

For family members: If the information is unclear, contact the office that issued the order together with the person concerned.

Source: Administrative Appeals Act (행정심판법) Art. 58(1)

What not to do

Do not miss the departure deadline. If the person does not leave by the set deadline or breaches a condition, a deportation order is to be issued.Source: Immigration Act (출입국관리법) Art. 68(4)
Do not move without first checking conditions such as a restriction on residence attached to the departure order.Source: Immigration Act (출입국관리법) Art. 68(3) · Immigration Act (출입국관리법) Art. 68(4)
Do not treat a departure order and a deportation order as the same thing. Their legal basis and procedures differ.Source: Immigration Act (출입국관리법) Art. 59(2) · Immigration Act (출입국관리법) Art. 68(1)

Documents to prepare

The departure order you received (original and copy)Source: Immigration Act (출입국관리법) Art. 68(2)
Passport and residence card
If a performance deposit was made, keep the related documents. The deposit is to be returned when the person leaves Korea, except where it is forfeited to the national treasury.Source: Enforcement Decree of the Immigration Act (출입국관리법 시행령) Art. 81-2(6)
If applying for deferral of the deadline: materials explaining the reasonSource: Enforcement Rule of the Immigration Act (출입국관리법 시행규칙) Art. 33(2)

Official sources

Official information sites

This page is general information based on the text of Korean law and may differ depending on the individual case. Always check deadlines and conditions on the document you received.

If you have the documents you received at hand, we can look at your situation together.