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법률칼럼Legal InsightForeigner2026. 07. 29

[Immigration of South Korea] What Should Foreigners Do After Receiving a Departure Order in South Korea?

For foreigners living in Korea, receiving a notice from immigration can be one of the most stressful situations. Many fo

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For foreigners living in Korea, receiving a notice from immigration can be one of the most stressful situations.

Many foreign nationals believe that once they pay a fine or finish a criminal case, everything is resolved.

However, under the immigration of South Korea system, criminal procedures and immigration procedures are separate.

A foreigner may face additional immigration reviews after:

DUI cases
Assault cases
Drug-related offenses
Voice phishing cases
Illegal employment
False document issues
Visa condition violations

In some situations, this may lead to:

Visa extension refusal
Departure orders
Deportation procedures
Restrictions on future entry

Therefore, understanding the immigration process early is important.

If you are facing a possible immigration issue in Korea, consulting a korean immigration lawyer can help you understand your current situation and prepare the appropriate response.

At Majung Law Firm , we assist foreign nationals with immigration and criminal-related matters in Korea.

CONTENTS

Contents

01
Why Criminal Punishment Does Not End Immigration Issues
02
When Can a Foreigner Face Departure Orders or Deportation?
03
How Can Foreigners Respond to Immigration Problems?
04
Why a Korean Immigration Lawyer Is Important
01

Why Criminal Punishment Does Not End Immigration Issues in South Korea

Many foreigners think:

“I already paid my fine. Why is immigration contacting me again?”

The reason is that criminal punishment and immigration decisions have different purposes.

Criminal procedures determine responsibility for a violation.

Immigration authorities separately review whether a foreign national can continue maintaining their residence status in Korea.

Factors that may be considered include:

Type of offense
Criminal punishment received
Length of stay in Korea
Current visa status
Previous violations
Family relationships
Employment or academic situation

For example, even after receiving a fine or suspended sentence, a foreign national may still face immigration review depending on the circumstances.

This is why understanding the immigration of South Korea process is important for foreigners involved in legal issues.

02

When Can a Foreigner Face Departure Orders or Deportation?

Not every criminal case automatically leads to deportation.

However, certain situations may create immigration concerns.

Examples include:

01
Serious criminal offenses
02
Repeated violations
03
False information submitted during immigration procedures
04
Unauthorized activities outside the visa conditions
05
Problems affecting public safety

Immigration authorities may review:

RESULT
✔ The details of the incident
✔ The final criminal outcome
✔ The foreigner’s residence history
✔ The purpose of staying in Korea
✔ The possibility of repeated violations

A departure order and deportation order are not exactly the same.

A departure order generally requires a person to leave Korea within a specific period.

A deportation order is a stronger immigration measure based on grounds recognized under Korean immigration law.

Because the procedures and possible responses are different, it is important to understand exactly what type of notice you have received.

A korean immigration lawyer can help review the documents and explain what options may be available.

03

How Can Foreigners Respond to Immigration Problems?

Many foreigners begin looking for legal help only after receiving a final immigration decision.

However, early preparation can be important.

Depending on the situation, possible responses may include:

RESPONSE
01
Preparing explanation documents
02
Submitting supporting materials
03
Reviewing immigration records
04
Responding to immigration investigations
05
Considering administrative procedures

Important materials may include:

✔ Family relationship documents
✔ Employment records
✔ Proof of long-term residence
✔ Evidence of stable life in Korea
✔ Explanation of the incident and future plans

For example, a foreign national who has lived in Korea for many years with family or employment may need to explain these circumstances clearly.

Simply saying:

“I want to stay in Korea.”

may not be enough.

The reason why continued residence is necessary should be explained with objective evidence.

04

Why a Korean Immigration Lawyer Is Important

Immigration cases involving foreigners are not only about the original incident.

A single statement made during:

Police investigation
Criminal proceedings
Immigration interviews

may influence later decisions.

Therefore, it is important to review:

Criminal records
Immigration documents
Visa history
Previous statements
Supporting evidence

A korean immigration lawyer can help analyze the connection between criminal records and immigration consequences.

Majung Law Firm provides assistance through:

WHY MAJUNG?
Korean Immigration Matters, Why Majung?
Immigration Office Experience
✔ Attorneys with experience in the Investigation Division of the Immigration Office
Certified Specialization
✔ Korean Bar Association-certified specialists in Visa & Refugee Law
Integrated Case Experience
✔ Criminal and immigration case experience
Multilingual Consultation
✔ English and multilingual consultation support
Overseas Accessibility
✔ Video consultations available for overseas clients
Extensive Case Record
✔ More than 13,000 foreign national cases handled
05

Frequently Asked Questions (Q&A)

Q.

Does receiving a fine automatically mean I will be deported from Korea?

No. A fine does not automatically result in deportation. Immigration authorities consider various factors, including the type of offense, personal circumstances, and immigration history.

Q.

What is the difference between a departure order and deportation order?

A departure order usually requires voluntary departure within a certain period, while a deportation order involves a formal removal procedure under Korean immigration law.

Q.

When should I contact a Korean immigration lawyer?

It is better to seek advice before or during the immigration review process rather than waiting until a final decision is made. Early preparation can help organize evidence and explain your circumstances properly.

06
FINAL NOTE

Protect Your Future in South Korea

For foreigners, immigration issues can affect much more than legal status.

They may affect:

Ability to continue living in Korea
Family relationships
Employment
Future visa applications

The immigration of South Korea system can be complicated, especially when criminal issues and residence status are connected.

If you are facing a departure order, deportation concern, or immigration review, consulting a korean immigration lawyer early can help you understand your options and prepare the right response.

The earlier you understand the process, the better you can protect your future in Korea.

Multilingual consultation available in English and Chinese.  
Professional interpreters assist from the first consultation to the conclusion of the case.  
Offices in Seoul, Daejeon, Busan, Daegu, and Gwangju
Don’t face the legal system alone. Let Majung fight for you!
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