What Happens If You Overstay: The Real Costs in Numbers and Legal Alternatives

When does this apply to you?

• The end date of your permitted stay on your 외국인등록증 (Alien Registration Card) has passed, you did not get an extension, and you are still in Korea.
• You were looking for a new workplace, but you did not find a new company within 3 months, and you did not leave Korea. You must leave even if the date on your registration card has not passed yet.
• You left your company without permission and you are working somewhere else.

This guide mainly explains the case where you stayed past your permitted period.

Costs set by law

1. Deportation and criminal punishment

If you stay past your permitted period, you can be deported under Article 46 of the 출입국관리법 (Immigration Act). The punishment is up to 3 years in prison or a fine of up to 30,000,000 원 (Article 94). In practice, most cases end with a notice to pay a fine (an administrative fine instead of a court trial) (Article 102). If you do not pay the fine, your case goes to criminal court.

2. Fines (based on the amendment of 23 January 2026)

These are the standard amounts when you keep staying without an extension (Enforcement Rules, Annex 7).

Time overstayed	Fine
Less than 1 month	500,000 원
1 month to less than 3 months	1,000,000 원
3 months to less than 6 months	2,000,000 원
6 months to less than 1 year	5,000,000 원
1 year to less than 2 years	10,000,000 원
2 years to less than 3 years	15,000,000 원
3 years to less than 5 years	20,000,000 원
5 years to less than 7 years	25,000,000 원
7 years or more	30,000,000 원

• If the immigration office treats your case as "staying outside the scope of your status of stay or period of stay" (a violation of Article 17(1)), the fines for less than 1 year are higher: 2,000,000 원 for less than 1 month, 3,000,000 원 for 1–3 months, 4,000,000 원 for 3–6 months, and 7,000,000 원 for 6 months–1 year. For 1 year or more, the fines are the same as in the table above.
• The fine can go down or up by up to half of the standard amount. This depends on your age, situation, reason for the violation, ability to pay, and number of violations (Enforcement Rules, Article 86).
• The Minister of Justice can decide not to give a fine at all, after looking at your situation (Article 103(2)). This is not automatic. You must explain your situation yourself.

3. Entry ban

• If you leave Korea under a deportation order, you may be banned from entering Korea until 5 years have passed after you leave (Article 11(1)6).
• The 법무부 (Ministry of Justice) always runs a voluntary departure program. Since July 2020, if you leave voluntarily and pay the fine, the entry ban is removed.
• We could not find any public official table that shows how many years of entry ban apply for each overstay period. For your own case, check with the 출입국·외국인관서 (Immigration Office) or 1345.

4. Punishment for the employer

• An employer who hires a person who is not allowed to work also faces up to 3 years in prison or a fine of up to 30,000,000 원 (Article 94-9).
• The fine is 3,000,000 원 even for hiring 1 person for less than 3 months, and 11,000,000 원 for 2 years or more. If many people are hired, it can be up to 30,000,000 원 (Enforcement Rules, Annex 8).
• On top of this, the employer cannot hire foreign workers for 3 years (Foreign Workers Employment Act, Article 20).

Employers know about this risk. So they do not officially hire undocumented workers. Or, if they hire them, they pay lower wages and keep no records. This leads to the costs in the next section.

Real costs outside the law

• You lose health insurance. Workplace health insurance is only for people who have alien registration. If your registration is cancelled, you pay the full cost of everything, from a doctor visit for a cold to hospital stays and surgery. Health insurance enrollment and premiums
• You often end up paying for treatment when you get hurt. Industrial accident insurance covers you even if you are undocumented. But the company often does not want to report the accident, and you may also hesitate. So in many cases, workers pay for treatment themselves.
• You have less power when your wages are not paid. You can still file a complaint. But often there is no 근로계약서 (employment contract) or pay record, and the company says "Go ahead and report it." It takes a long time to get your money.
• You lose sincere worker re-entry. Under this program, after you complete 4 years and 10 months, your employer applies before you leave, and you can come back 1 month after leaving (Foreign Workers Employment Act, Article 18-4). If you become undocumented, you cannot use this program. Sincere worker re-entry
• You lose E-7-4. E-7-4 is for people who have stayed 4 years or more as a registered foreigner and have worked 1 year or more at their current company. This visa also opens the way to bring your family. That way will close. E-7-4 skilled worker
• You cannot apply for EPS again. One condition for taking the EPS-TOPIK is: "no history of being deported or forced to leave the Republic of Korea." If you are deported, you cannot take the test again.
• Departure guarantee insurance and return cost insurance: if you do not claim them within 3 years, the money goes to the 한국산업인력공단 (Human Resources Development Service of Korea). Departure and re-entry

Rights you keep even when undocumented

1. Complaint about unpaid wages – You can file a complaint with the 고용노동부 (Ministry of Employment and Labor) even without a legal status of stay. Since 6 November 2025, labor inspectors do not report foreigners who complain about unpaid wages to immigration. How to report unpaid wages
2. Industrial accident compensation – Industrial accident insurance applies no matter what your status of stay is. The Supreme Court also accepted medical care benefits for an undocumented foreigner in a 1995 ruling (94누12067). Apply to the 근로복지공단 (Korea Workers' Compensation and Welfare Service) (1588-0075). How to apply for industrial accident compensation
3. Reporting assault, sexual violence, or being locked up – You can call 112 (police). The Danuri Call Center (다누리콜센터) 1577-1366 gives counseling in many languages. Dealing with violence, verbal abuse, and sexual harassment

3 legal ways to stay

1. Workplace change – Apply at the 고용센터 (Employment Center) within 1 month from the day your employment contract ends. Then find a new company within 3 months from the day you applied. If you could not apply or look for work because of a work injury, illness, pregnancy, or childbirth, the period starts again from the day that reason ends (Foreign Workers Employment Act, Article 25(3)). A doctor's certificate (진단서) is the key document. Workplace change
2. Re-employment extension – If your employer asks for re-employment permission before your 3-year work period ends, you can get one extension of less than 2 years (1 year and 10 months). In total, this is 4 years and 10 months. Re-employment extension
3. Sincere worker re-entry or E-7-4 – After you complete 4 years and 10 months, you can come back to the same company 1 month after leaving. Or you can change to E-7-4 without leaving Korea. Both are possible only if you keep your registered status.

If your period has already passed

• Advance report for voluntary departure: Report online on 하이코리아 (HiKorea, the immigration website) 3 to 15 days before you leave. On the day you leave, go to the 출입국·외국인관서 at the airport at least 4 hours before your flight departs. If you already had an immigration violation review (for example, you received a departure order), you cannot report online. Visit the immigration office for your area of residence.
• If you leave voluntarily and pay the fine, the entry ban is removed. To come back on E-9, 6 months must pass after you leave (Foreign Workers Employment Act, Article 18-3), and you must take the EPS-TOPIK again from the beginning.
• The special voluntary departure period is a temporary program. The most recent period was 1 December 2025 to 28 February 2026. During that time, the full fine was removed and entry restrictions were put on hold. That period has ended. As of 13 September 2026, no new period has been announced. Check the notices on 하이코리아 or call 1345.

Frequently asked questions

Q. Do I pay a fine even if I overstayed only a few days? A. Even for less than 1 month, the fine starts at 500,000 원 (or 2,000,000 원, depending on which article is applied). If you have a reason to stay, the only way that costs no money is to apply for an extension before your end date.

Q. My registration card says I can stay until 2028, but my 3 months of job searching are over. A. The date on the card is not your legal status of stay. If your job search period is over and you have no new employment permit, you must leave. If you could not look for work because you were sick, apply to have the period counted again, using a doctor's certificate.

Q. I got hurt while working without documents. Will I be caught if I report it? A. You can apply for industrial accident compensation no matter what your status of stay is. Whether immigration is told depends on each case. So before you apply, first ask 1577-0071 or a counseling center.

Q. If I leave voluntarily, can I come back? A. If you pay the fine and leave voluntarily, the entry ban is removed. But if you were deported, you lose the right to take the EPS test.

Q. My boss says, "You are undocumented, so I don't have to pay you." A. Your right to be paid for your work does not depend on your status of stay. You can file a complaint, and immigration will not be told even if you report it.

Where to get help

• Immigration Contact Center 1345 (Nepali available, 3-way call interpretation)
• Foreign Workers Counseling Center 1577-0071
• 고용노동부 customer counseling 1350
• 근로복지공단 1588-0075
• 하이코리아 www.hikorea.go.kr (advance report for voluntary departure)
• Full list: All help contacts