Mitra KoreaHow Fines and Penalties Affect Your Visa
A criminal fine (벌금) is a punishment and can block E-7-4 and permanent residence. Administrative fines (과태료) and traffic penalty fees (범칙금) do not give you a criminal record.
Quick summary
- An administrative fine (과태료) is not a criminal punishment. It does not give you a criminal record.
- A traffic penalty fee (범칙금) is also not a criminal punishment if you pay it by the deadline. If you do not pay, your case goes to summary trial (즉결심판, a short court hearing for minor offenses).
- A criminal fine (벌금) is a criminal punishment. It stays on your record and is counted in your visa review.
- If you received a criminal fine of 100만 원 or more in the last 10 years, you cannot apply for E-7-4 at all.
- If you have unpaid taxes or unpaid health insurance fees, your stay will only be extended for a short time, 6 months or less.
What is the difference between 과태료, 범칙금 and 벌금?
| Type | What it is | Criminal record | Who pays | Examples |
|---|---|---|---|---|
| 과태료 (administrative fine) | Administrative penalty (not a criminal punishment) | No | Usually the registered car owner | Speeding or running a red light caught by an unmanned camera, illegal parking or stopping, late reporting |
| 범칙금 (traffic penalty fee) | Notice of penalty (for minor violations) | No, if paid by the deadline | The actual driver or person who did it | Running a red light when stopped by police on the spot, not wearing a helmet, jaywalking |
| 벌금 (criminal fine) | Criminal punishment | Yes | The person themselves | Drunk driving, driving without a license, assault, theft |
- A 과태료 is not a criminal punishment. So it does not count as a repeat offense together with other criminal punishments.
- If you pay a 범칙금 within the deadline after you get the notice, you will not be punished again for that act. If you do not pay, the case goes to summary trial. The result can be a criminal fine (벌금) or a minor fine (과료).
- If you do not pay a 벌금, under the Criminal Act you can be held in a forced labor detention facility (노역장).
How does this affect your visa?
1) Extending your stay
- Extension is not automatic. The 출입국·외국인관서 (Immigration Office) also checks whether you have followed the law.
- If you receive a criminal punishment, for example for drunk driving, your case is reviewed as an immigration offense. This can lead to cancellation of your stay permit, an order to leave Korea, or refusal of your extension.
- The decision looks at how serious the violation was, how long you have stayed, and your family and job situation. It is different for each person. Not all detailed standards for each visa type can be checked in published guidelines. Please check with your local 출입국·외국인관서 or call 1345. (Official confirmation needed)
- A person who was sentenced to imprisonment (금고) or heavier (including a suspended sentence) and then released is subject to deportation under Immigration Act Article 46(1)13.
- If you are deported, under Immigration Act Article 11 you cannot enter Korea again for a set period (as a rule, 5 years).
2) E-7-4 points system
These are the standards in the 법무부 (Ministry of Justice) plan for selecting skilled workers.
People who cannot apply (excluded) – If even one applies to you, you cannot apply. For ①, ③ and ④, only the last 10 years are checked.
- A person who received a criminal fine of 100만 원 or more
- A person with unpaid taxes (you can apply after paying in full)
- A person who violated the Immigration Act 4 times or more
- A person who stayed illegally for 3 months or more
Penalty points (up to 50 points, within 10 years before the application date)
| Item | 1 time | 2 times | 3 times or more |
|---|---|---|---|
| Criminal fine under 100만 원 (up to 20 points) | 5 | 10 | 20 |
| Stay permit was limited because of unpaid taxes (up to 15 points) | 5 | 10 | 15 |
| Administrative penalty for violating the Immigration Act 3 times or fewer (including 과태료, up to 15 points) | 5 | 10 | 15 |
- In short, a criminal fine of 100만 원 is the dividing line. Under 100만 원 means penalty points. 100만 원 or more means you cannot apply for 10 years.
- Traffic penalty fees (범칙금) and general administrative fines (과태료) are not items in this penalty table. However, a 과태료 received for violating the Immigration Act is counted in the third item.
- The points table and exclusion rules can change every year. Before you apply, check that year's selection plan again in the notices on 하이코리아 (HiKorea, the immigration website).
3) Permanent residence (F-5)
For permanent residence, the 'good conduct' requirement is checked. If any of the following applies to you, you may be seen as not meeting this requirement.
- A person for whom 5 years have not passed since finishing a sentence of imprisonment (금고) or heavier
- A person for whom 3 years have not passed since paying a criminal fine
- A person who violated the Immigration Act 3 times or more in the 5 years before applying
Detailed standards are in the Enforcement Rules of the Immigration Act and in operating guidelines, and they can change. Before you apply, check with 하이코리아 or 1345. (Official confirmation needed)
Common violations and how serious the punishment is
Drunk driving (Road Traffic Act Article 148-2)
| Blood alcohol level | Punishment |
|---|---|
| 0.03% or more but under 0.08% | Up to 1 year in prison or a fine up to 500만 원 |
| 0.08% or more but under 0.2% | 1–2 years in prison or a fine of 500만–1천만 원 |
| 0.2% or more | 2–5 years in prison or a fine of 1천만–2천만 원 |
Refusing an alcohol test and repeat offenses are punished more heavily. The fine for this easily goes over 100만 원, so this is the most common reason people are blocked from E-7-4.
- Driving without a license (Road Traffic Act Article 152): Up to 1 year in prison or a fine up to 300만 원. This also includes driving without an international driving permit or a foreign license that Korea recognizes.
- Assault and theft: These are crimes under the Criminal Act. A fight while drinking can also count as assault. Even if you settle with the other person, the case record stays.
- Electric scooters and bicycles: Riding them while drunk is also punished.
Unpaid taxes and health insurance fees
- The 법무부 checks unpaid tax and unpaid health insurance fee information for registered foreigners aged 19 or older and uses it in the visa extension review.
- If you pay all unpaid amounts, your extension is processed normally. If you do not pay, you get a limited extension of only a short period, 6 months or less.
- For E-7-4, people with unpaid taxes are excluded. If you pay in full, you can apply.
- For health insurance fees, setting up automatic bank payment is the safest. In the month you change companies, your workplace insurance often ends, and you often receive a bill as a local (self-paying) member.
What to do if you made a mistake
- Pay by the deadline. If you wait, extra charges are added, and a 범칙금 goes to summary trial. You can pay at a bank, through Internet Giro, or at the 경찰청 (Korean National Police Agency) Traffic Service 24 (eFine) website.
- Do not throw away the notice. Check what you violated, and whether it is a 과태료, 범칙금 or 벌금. If it is hard to read, call 1345 and ask.
- If you are questioned, ask for an interpreter. Criminal Procedure Act Article 180 says that statements from a person who does not speak Korean well must be made through an interpreter. Say clearly: "I need an interpreter (통역이 필요합니다)."
- You can ask them to inform your country's embassy. If you are arrested or detained, you can demand that your consul be informed.
- Get free legal advice. Call 대한법률구조공단 (Korea Legal Aid Corporation) at 132. In some cases you can get advice and help with a court case.
- Do not hide it. It will be found when you apply for an extension. It is better to get advice early and prepare documents that explain your situation (settlement agreement, letter of apology, payment receipt, certificate of employment).
Your rights when questioned by the police
- You can demand an interpreter. You can ask for one even if you speak a little Korean.
- You can refuse to make a statement. Before questioning, they will tell you about your right to stay silent. If you are not sure about something, you can answer "I don't know."
- You can get help from a lawyer. A lawyer can be with you during questioning.
- Read the written statement (조서) and then sign it. If something is not true, you can ask for it to be corrected. Do not sign any document you do not understand.
- Before signing, you can ask the interpreter to read the whole statement to you.
Frequently asked questions
Q. I have several parking fines (과태료). Is this a problem for my visa? A. A 과태료 is not a criminal punishment, and it is not an item in the E-7-4 penalty table. But leaving it unpaid is not good, so please pay it. A 과태료 received for violating the Immigration Act does count for penalty points.
Q. I paid a criminal fine of 300만 원 for drunk driving. Can I apply for E-7-4? A. The fine is 100만 원 or more, so if it was within the last 10 years, you are excluded. First, it is urgent to prepare for your stay extension review. Check your situation with your local 출입국·외국인관서.
Q. I don't have money to pay the criminal fine. A. You can apply to the 검찰청 (Prosecutors' Office) to pay in installments or to delay payment. If you do nothing, you may be held in forced labor detention. Call 132 for advice.
Q. If I settle with the other person, will the record disappear? A. A settlement helps lower the punishment, but the record does not disappear. If you get a suspended indictment (기소유예, the prosecutor decides not to charge you), it is not a criminal fine. But the fact itself can still be seen in the immigration review.
Q. How can I tell if my notice is a 범칙금 or a 벌금? A. A "범칙금 납부통고서" is a 범칙금 (traffic penalty fee). A "과태료 부과 사전통지서" is a 과태료 (administrative fine). A "벌과금 납부고지서" from the 검찰청 is a 벌금 (criminal fine). If you are confused, ask 1345.
Where to get help
- Immigration Contact Center (외국인종합안내센터) 1345 (many languages, questions about stay and extension)
- 대한법률구조공단 132 (free legal advice, klac.or.kr)
- Foreign Workers Counseling Center (외국인력상담센터) 1577-0071 (many languages, including Nepali)
- Police 112, 경찰청 Traffic Service 24 (eFine) www.efine.go.kr
- 국민건강보험공단 (National Health Insurance Service) 1577-1000, 국세청 (National Tax Service) Semirae Call Center 126
- 하이코리아 www.hikorea.go.kr