Stricter Policy For Illegal Stay

The Korean national Assembly is debating tougher penalties for the employers of illegal residents. For those voluntarily reporting illegal residence by February 28, 2020, penalties will be reduced or exempted.

Penalty Increases

Illegal residents are currently subject to fines ranging from KRW 1,000,000 for illegal stays of less than one month to KRW 20,000,000 for illegal stays of three years or more.

The current maximum penalty for employers of illegal residents is KRW 20,000,000 OR three years of imprisonment. The proposed amendment currently under discussion would increase this to KRW 50,000,000 AND five years of imprisonment.

Voluntary Reporting for Illegal Residents

For illegal residents who voluntarily report their residential status by February 28, 2020 and are scheduled to leave the country by June 30, 2020:

The penalty fee will be exempted. A Certificate of Voluntary Departure" will be issued, allowing them to reapply for a Korean visa in the future. On reapplying, they will be issued a single-entry C3 visa allowing a maximum stay of 90 days. If they then leave the country within 90 days and without committing any illegal activities, they may qualify for multiple entries and a longer duration of stay the next time they apply for a visa. They will be allowed to apply for TOPIK (Test of Proficiency in Korean). If they obtain level 2 or above, they will be allowed to apply for an E9 visa (for workers from certain countries only). For illegal residents who voluntarily report their residential status by February 28, 2020 but are scheduled to leave the country after June 30, 2020; OR

For illegal residents who do not voluntarily report their illegal residential status by February 28, 2020 and are caught by government investigation after March 2, 2020:

The penalty fee will be imposed and the violation period will be calculated from March 1, 2020. Whether or not they voluntarily reported their residential status, any foreign national who paid a penalty fee for illegal residence will be banned from re-entry to South Korea for between six months and one year. Those who do not pay the penalty fee in full will be permanently prohibited from entering South Korea. Voluntary Reporting for Employers

Manufacturing industry

The voluntary reporting system will operate between December 11, 2019 and March 31, 2020. For employers who report during this period, the penalty fee will be exempted and their illegally resident employees will be allowed to stay...