visa change
How to decideimmigration offender?
Penalties (administrative punishment)
In the case of a first offender, more than KRW 5 million (recidivism is more than KRW 7 million). In the last 3 years)
Violation of the Road Traffic Act
벌금액이 500만원 이상 또는 500만원 미만이라도 인적, 물적 피해를 수반하여 그 피해자와 합의가 없는
사람,
도로교통법 위반을 포함하여 최근 5년 이내 3회 이상 벌금형을 받은 사람
Fine (criminal punishment)
In the case of a first-time offender, a fine of 3 million won or more (the combined fine of 5 million won or more within 5 years of working outside)
Three time-Out
5년 이내 3회 이상 공소권 없음. 기소유예 처분(공소기각, 선고유예 포함)을 받는 등
상습성이 인정되는 사람(3진 아웃)
Immigration Judicial Investigation Procedure
How to decide of immigration offender?
1. Subject to investigation
Immigration officials may investigate foreigners suspected of being a reason for forced eviction, violating orders under the Immigration Control Act or this Act, and may request the presence of a reference to hear his/her statement if necessary
Not only foreign immigration offenders but also Korean immigration offenders can be investigated through the procedures and methods stipulated in the Immigration Control Act.
Immigration officials are "special judicial police officers" who are qualified under the law on the scope of their duties, and are given special judicial police rights on the grounds that entrusting investigations to public officials with professional knowledge to handle their duties can produce results.
2. Investigation started
-If you are one of those cases, immigration officials will launch an investigation.
1) In the case where a suspect of violating the Immigration Control Act voluntarily attends
2) In a case where an immigration official (trend investigation, foreigner's stay management, or immigration examination) recognizes a suspected violation of the Immigration Control Act in performing his/her duties
3) In the case of taking over a suspected violation of the Immigration Control Act from a public official other than the immigration control officially
4) Case of recognizing the alleged violation of the Immigration Control Act through accusations, media reports, advertisements, etc
3. Request for attendance and questioning
Immigration officials may request the attendance of the suspect (reference) and interrogate if necessary for investigation
4. Submission of inspection, documents
Immigration officials may, if necessary in conducting an investigation, inspect their residence or goods with the consent of the suspect or request the submission of documents or goods. If a suspect denies the suspect's fact or if the documents submitted by the suspect are deemed insufficient to prove the fact, he/she may inspect his/her residence or goods or submit documents or goods only with the consent of a third party related to the suspect
Immigration Judicial Investigation Decision
How to decide immigration investigation?
When an immigration official decides to leave the country, he/she shall issue the departure order to the foreigner within 30 days from the date of issuance of the departure order
A compulsory eviction would be issued in order to foreigners who have not left the country within 30 days after receiving the departure order. Foreigners who have received the departure order must submit the departure order to the immigration official upon departure
If a foreigner who has been ordered to leave the country does not have a ship to leave the country or is unable to leave the country within the deadline due to illness or unavoidable reasons, he or she can submit materials explaining the reason, but please make sure to prepare with an expert
When an immigration official decides to leave the country, he/she shall issue the departure recommendation to the foreigner within five days from the date of issuance of the departure recommendation
a departure order would be issued to foreigners who have not left the country within five days after receiving the departure recommendation.
Foreigners who have received the departure recommendation must submit the departure recommendation to the immigration official upon departure.
The disposition of notification of immigration offenders is to resolve inconveniences such as time and cost by resolving the criminal case of violators of the Immigration Control Act as soon as possible through quick and simple processing procedures without going into formal trial
The head of the immigration office, the head of the branch office, or the head of the protection office may notify that when a crime is confirmed as a result of an investigation into the immigration offender, the amount equivalent to the fine (penalty) shall be paid in writing
Immigration offenders who have been notified must pay the fines notified in the notice of payment of fines to the national treasury bank, branch, agency, or post office designated by the head of the office or the head of the protection office within 15 days
(Can't pay the penalty in installments)
Those subject to fines for violating the Immigration Control Act may attend the competent immigration office to state their opinions or submit their opinions in writing. If an opinion is not stated or an opinion is not submitted in writing, it is considered that there is no opinion
After investigating and confirming violations of the Immigration Control Act, notify the person subject to the fine by specifying the violation and the amount of the fine
You can file an objection against the penalty