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법률칼럼Legal InsightForeigner2026. 07. 16

[Korea Immigration Lawyer] If You Received a Departure Order or Deportation Notice in Korea, What Should You Do First?

Hello, This is Majung Law Firm , dedicated to representing foreign nationals living in Korea. Have you recently experien

썸네일

Hello,

This is Majung Law Firm, dedicated to representing foreign nationals living in Korea.

Have you recently experienced one of these situations?

CHECK POINT
Immigration contacted you unexpectedly.
You were asked to appear at the Immigration Office.
Your visa extension was denied.
You received a Departure Order or were told deportation procedures may begin.

Many foreign nationals ask the same questions:

"I already paid the fine. Why is Immigration contacting me again?"

or

"My criminal case is over. Do I still have to leave Korea?"

These concerns are understandable.

However, for foreign nationals, criminal proceedings and immigration proceedings are often two separate processes.

Even after a criminal case ends, the Immigration Office of South Korea may separately review whether you may continue living in Korea.

If you are searching for a Korean immigration lawyer, understanding your current immigration stage is often more important than focusing only on the criminal penalty.

Contents

  • Why Immigration May Contact You After a Criminal Case
  • Understanding Your Current Immigration Stage
  • Departure Orders vs Deportation
  • Why Your Visa Extension Was Denied
  • Can You Challenge an Immigration Decision?
  • Why Previous Records Matter
  • Why Foreign Nationals Choose Majung Law Firm

1. Paying a Fine Does Not Always End the Immigration Process

Many foreign nationals assume that once they pay a criminal fine or complete their court case, everything is finished.

i
Unfortunately, that is not always true.

After criminal proceedings end, the Immigration of South Korea may still review whether you are eligible to continue staying in Korea.

Immigration authorities may consider:

  • The type of offense
  • The criminal outcome
  • Your length of stay in Korea
  • Whether there is a risk of reoffending
  • Your current visa status

Criminal punishment determines responsibility for the offense.

Immigration proceedings determine whether your stay in Korea should continue.

This distinction surprises many foreign nationals.

A Korean immigration lawyer reviews both the criminal case and the possible immigration consequences together because they are closely connected.

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2. If Immigration Contacted You, First Identify Your Current Stage

Many people simply say:

"Immigration contacted me."

However, that alone does not explain your legal situation.

For example, you may be:

  • Asked to appear to confirm facts
  • Scheduled for an Immigration Offender Review
  • Under immigration investigation
  • Facing a Departure Order
  • Facing Deportation proceedings

Each situation requires different preparation.

Before attending any interview, it is important to organize your explanation carefully.

Your statements should remain consistent with what you previously told police or prosecutors.

Simply saying,

"I want to stay in Korea."

May not fully explain why your continued residence is justified.

Instead, the Immigration of South Korea may review objective factors such as:

  • Your family relationships
  • Your employment
  • Your residence history
  • Your reasons for remaining in Korea

This is why many foreign nationals seek advice from a Korean immigration lawyer before the immigration interview, not after a decision has already been made.

3. A Departure Order and Deportation Are Not the Same

Many foreign nationals use the word "deportation" to describe every immigration problem.

Legally, however, these procedures are different.

CHECK POINT
Departure Order
A Departure Order generally requires voluntary departure within a specified period.
Deportation Order
A Deportation Order involves formal removal under the Immigration Control Act.

Some deportation procedures may also involve immigration detention.

If Immigration has asked you to:

  • Submit your passport
  • Submit your Alien Registration Card
  • Appear for questioning

it is important to first determine exactly what type of immigration procedure is currently underway.

A Korean immigration lawyer typically reviews your immigration notice, criminal records, and immigration documents together to determine your legal position.

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4. A Visa Extension Refusal Always Has a Specific Reason

Not every visa extension is denied for the same reason.

Possible issues may include:

  • Criminal history
  • Previous Immigration Control Act violations
  • Problems with supporting documents
  • Questions about employment
  • Questions about marriage
  • Questions about your actual activities in Korea

Simply submitting the same documents again may not solve the problem.

The first step is understanding why the Immigration Office of South Korea denied the extension.

Depending on the reason, different supporting documents may become important.

For example:

If the issue relates to a criminal case, Immigration may review:

  • The circumstances of the offense
  • The criminal disposition
  • Whether reoffending appears likely

If family relationships are involved, Immigration may examine:

  • Marriage
  • Children
  • Actual family life
  • Financial support

5. Even After Receiving a Decision, Legal Options May Still Exist

Some foreign nationals believe that once they receive a Departure Order, Deportation Order, or visa extension refusal, nothing more can be done.

That is not always the case.

Depending on the circumstances, legal procedures such as administrative appeals or administrative litigation may still be considered.

The important question is not simply:

"Is the decision unfair?"

Instead, it is whether Immigration properly considered all relevant circumstances.

These may include:

  • Long-term residence in Korea
  • Korean family members
  • Minor children
  • Employment and financial stability
  • Criminal disposition
  • Risk of reoffending
i
If departure deadlines are approaching or detention has already begun, time becomes particularly important.

A Korean immigration lawyer may first organize:

  • Immigration notices
  • Criminal case records
  • Visa history
  • Immigration history

Before evaluating the available legal options.

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6. One Statement Can Affect Every Future Procedure

Immigration cases rarely consist of just one procedure.

Statements made during police investigations may later appear in criminal records.

Criminal case results may later influence immigration decisions.

Statements made during immigration interviews may also affect future visa decisions.

Even small inconsistencies may become significant.

For example:

"I only delivered a package."

and

"I had no idea what the package contained."

may appear similar, but investigators may interpret them differently depending on the surrounding facts.

For this reason, a Korean immigration lawyer often reviews the entire timeline rather than only the current immigration procedure.

Why Foreign Nationals Choose Majung Law Firm

Majung Law Firm assists foreign nationals by reviewing both criminal proceedings and immigration procedures together, rather than treating them as separate issues.

WHY MAJUNG?
Why Foreign Nationals Choose Majung Law Firm
Video consultations
Video consultations for clients anywhere in Korea or overseas
Professional English interpretation
Professional English interpretation
Immigration Offender Division
Attorneys with previous experience in the Immigration Offender Division
Immigration, Visa & Refugee Law
Korean Bar Association Certified Specialists in Immigration, Visa & Refugee Law
Criminal, Family, and Industrial Accident Law
Korean Bar Association Certified Specialists in Criminal, Family, and Industrial Accident Law

Our goal is not only to review today's immigration issue, but also to evaluate how today's decision may affect your future stay in Korea.

Immigration Problems Are About More Than Today's Decision

Many foreign nationals initially focus only on the criminal investigation.

However, immigration proceedings often continue afterward.

Questions such as:

  • Can I continue living in Korea?
  • Can I keep my current visa?
  • Can I remain with my family?
  • Will Immigration issue a Departure Order or a Deportation Order?

often become just as important as the criminal case itself.

If you are searching for a Korean immigration lawyer or trying to understand the immigration process in South Korea, it is important to evaluate the entire timeline—from the criminal case to immigration review—rather than viewing each procedure separately.

At Majung Law Firm, we help foreign nationals understand where they are in the immigration process and prepare an appropriate legal strategy based on their individual circumstances.

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