Immigration Violation Review for Undocumented Foreign Nationals: How to Respond to a Departure Order or Deportation Order
Hello, this is Administrative Agent Jean.
As of January 2026, there are 354,576 undocumented foreign nationals residing in Korea.
This accounts for about 13% of the approximately 2.7 million foreign nationals staying in Korea.
(Ministry of Justice, 「Monthly Statistics on Immigration and Foreign Policy」)
The number of undocumented foreign nationals, which was about 430,000 in 2023, has decreased to around 350,000. This can be understood as a result of the government’s continued enforcement policy.
Since 2023, the Ministry of Justice has implemented the “Five-Year Plan to Reduce Undocumented Stay” and has conducted large-scale joint crackdowns every year.
In the first joint crackdown of 2025, 13,542 people were detected in total, including 11,253 undocumented foreign nationals and 2,289 illegal employers. Among those detected, 9,525 were deported or ordered to leave Korea.
This policy direction continues in 2026, with focused crackdowns on foreign crimes that may threaten public safety, such as drug offenses and illegally registered vehicles, as well as certain industries such as construction and delivery services.
Now, imagine this situation.
Ahmed, who has been living in Korea, suddenly receives a notice from the immigration office.
Please appear for an immigration violation review.
It is natural for your mind to go blank the moment you receive this notice.
Work, family, children’s school.
The fear that the life you have built in Korea could suddenly be shaken may come all at once.
What can be even more frightening is the lack of information.
What is the difference between a departure order and deportation?
If I am deported, can I never return to Korea?
What should I say at the immigration violation review?
In many cases, there may be no one nearby who can answer these questions accurately.
Today, I will explain what procedures may take place when a foreign national undergoes an immigration violation review for violations such as undocumented stay, and what responses may be considered if a departure order or deportation order is issued.
What Is an Immigration Violation Review?
An immigration violation review is a process in which the immigration authority investigates the facts of a violation of the Immigration Act, the circumstances of the foreign national’s stay, and then determines the appropriate departure-related or stay-related measure.
Major legal provisions include Article 46 of the Immigration Act, which provides grounds for deportation, and Article 59, which concerns decisions after review.
After the review, different measures may be considered depending on the case, including recommendation for departure, departure order, or deportation order.
What Is a Recommendation for Departure?
A recommendation for departure under Article 67 of the Immigration Act is a measure by which the Minister of Justice recommends that a foreign national voluntarily leave Korea.
A foreign national who receives a written recommendation for departure must, in principle, leave Korea within 5 days from the date of issuance.
Failure to comply may lead to a departure order.
Recommendation for departure and departure order sound similar, but they are legally different systems.
Voluntarily departing at the recommendation stage and proceeding later to a departure order or deportation order may lead to different consequences in future immigration matters. Therefore, it is necessary to first confirm the exact content of the measure.
How Is a Departure Order Different?
A departure order under Article 68 of the Immigration Act is a system that gives a foreign national an opportunity to leave voluntarily in certain cases, even where grounds for deportation exist.
A departure order may also be issued when a person receives a recommendation for departure but fails to comply.
If you receive a written departure order, you must leave the Republic of Korea by the specified deadline.
If there are certain reasons, such as illness, it may be possible to explain the circumstances and consider applying for an extension of the departure deadline.
The important point is that a departure order should not be treated merely as a simple “notice to leave.”
A departure order is also an administrative disposition directly connected to a foreign national’s stay in Korea. If the grounds for the disposition or the facts are incorrect, the possibility of appeal should be reviewed separately.
What Is Deportation?
Article 46 of the Immigration Act sets out the categories of foreign nationals who may be deported from the Republic of Korea.
A deportation order is a much more serious disposition than a recommendation for departure or a departure order.
This is because it may lead to removal from the Republic of Korea regardless of whether the person voluntarily agrees to leave.
If a deportation order is issued, future entry restrictions may also become an issue.
In particular, if the person has family in Korea, has lived in Korea for a long period, or has children attending school in Korea, the issue does not end with one person’s departure.
It may affect the entire family’s foundation of life.
Therefore, at the deportation stage, it is important not only to look at the violation itself, but also to organize the circumstances of stay in Korea, family relationships, the degree of violation, disadvantages that may occur upon departure, humanitarian circumstances, and other individual facts.
What Changed in 2026? — Maximum Detention Period and the Foreign National Detention Review Committee
The Constitutional Court issued a decision of constitutional nonconformity regarding Article 63(1) of the Immigration Act in cases 2020Hun-Ga1 and 2021Hun-Ga10, consolidated, concerning the detention of foreign nationals subject to deportation orders.
As a result, institutional improvements were made regarding the detention procedures for foreign nationals subject to deportation, including setting a maximum detention period, establishing an independent Foreign National Detention Review Committee, and providing opportunities to state opinions.
This has significance in supplementing the procedural rights of foreign nationals subject to enforcement or deportation.
However, the fact that detention procedures have improved does not mean that enforcement against undocumented stay or violations of the Immigration Act has been relaxed.
The government continues to maintain separate policies to reduce undocumented stay and conduct joint crackdowns.
Therefore, strengthened protection of rights in detention procedures and strengthened enforcement against undocumented stay should be understood as separate issues.
If You Receive a Departure Order or Deportation Order, You May Consider an Administrative Appeal
If you disagree with a departure order or deportation order, you may consider challenging it through an administrative appeal.
Under Article 27 of the Administrative Appeals Act, an administrative appeal must generally be filed within 90 days from the date you became aware of the disposition.
There is also, in principle, a 180-day limit from the date the disposition was made.
Therefore, if you receive a written departure order or deportation order, one of the first things to check is the date you received the disposition notice.
If you spend too much time reviewing the contents of the disposition and miss the filing period, your opportunity to have the merits reviewed may be limited.
Administrative appeal has the advantage of being relatively simpler than administrative litigation and does not require a separate filing fee.
However, in immigration cases, it may not be enough to simply argue, “I want to stay in Korea.”
The specific circumstances of the case must be organized in detail.
For example, the following factors may become issues:
- Family unity with a Korean national or family members residing in Korea
- Period of stay and foundation of life in Korea
- Whether minor children are attending school in Korea
- The content and degree of the violation
- Circumstances that led to the violation
- Humanitarian circumstances
- Procedural defects in the disposition process
- Specific disadvantages that would result from the disposition
Ultimately, the key is to explain with objective evidence why maintaining this disposition against this person would be unfair.
Suspension of Execution Should Also Be Considered Together With Administrative Appeal
Filing an administrative appeal against a departure order or deportation order does not automatically suspend the effect of the disposition.
Therefore, where necessary, an application for suspension of execution should also be considered.
If execution of the disposition or continuation of the procedure may cause irreparable harm, and the other legal requirements are met, an application for suspension of execution may be filed with the Administrative Appeals Commission.
For example, if the person leaves Korea before the administrative appeal decision is issued, serious changes may occur to family relationships in Korea, employment, or the education of children.
In that situation, simply writing:
I want to continue staying in Korea.
will not be enough.
You must show, through objective evidence, why irreparable harm would occur.
Documents such as family relationship certificates, children’s school enrollment certificates, employment contracts, income documents, and proof of residence in Korea may serve as supporting evidence.
What Should You Prepare for an Immigration Violation Review?
From the immigration violation review stage, the important issue is how to organize the facts and documents.
Before appearing at the immigration office, you should first organize the circumstances of your stay and the alleged violation.
You need to distinguish which parts should be acknowledged, which parts are factually incorrect, why the situation occurred, and whether there are circumstances requiring continued stay in Korea.
In particular, if your explanation and submitted documents do not match, credibility may be weakened.
Therefore, written statements, explanatory materials, family relationship documents, employment and income-related documents, and other evidence should be prepared so that they connect into one coherent explanation.
From the perspective of reviewing visa or immigration matters, what matters more than the volume of documents is whether the submitted materials show one consistent factual narrative.
If a written statement says that family is important, but there is no evidence proving family relationships or life in Korea, the argument itself may become weak.
How Can an Administrative Agent Help?
From the immigration violation review stage to administrative appeal and suspension of execution, the important task is to systematically organize documents and facts.
Preparing Documents for Immigration Violation Review
Before appearance, written statements, explanatory materials, and evidence related to the reason for stay can be organized.
The key is not simply to submit many documents, but to structure which fact will be proven by which document.
Preparing an Administrative Appeal Petition
An administrative appeal petition must specifically explain why the disposition is unlawful or unfair.
It should connect the law with the facts and explain, through objective evidence, the disadvantages caused by the disposition and the individual circumstances of the case.
Preparing an Application for Suspension of Execution
For suspension of execution, objective evidence is more important than emotional appeal.
Based on documents such as family relationship certificates, school enrollment certificates, employment contracts, and materials showing the person’s foundation of life in Korea, the harm that would occur if the disposition were immediately executed should be explained in detail.
AI may be useful for drafting documents or searching laws.
However, in immigration cases, even with the same type of violation, the direction of response may differ significantly depending on individual facts such as status of stay, violation period, family relationships, voluntary departure, and past immigration history.
Therefore, rather than concluding your own case based only on general information found online, it is important to first accurately confirm the type of disposition you received and your own factual circumstances.
If You Receive a Notice to Appear for Immigration Violation Review, What Should You Check First?
If you have received a notice to appear at the immigration office for an immigration violation review, or if you have already received a departure-related disposition, it is advisable to first check the following:
- What is your current status of stay?
- When did your period of stay expire?
- What violation of the Immigration Act is being alleged?
- When is the date of appearance for the immigration violation review?
- Did you receive a recommendation for departure, departure order, or deportation order?
- On what date did you actually receive the disposition notice?
- Do you have a spouse, children, or other family members in Korea?
- Are your children attending school in Korea?
- Do you have a job, business, or other foundation of life in Korea?
- Does the disposition process include any facts that are incorrect?
- Is the administrative appeal filing period still remaining?
- Is it necessary to consider suspension of execution before the disposition is carried out?
In particular, if you have already received a disposition notice, it is important to first confirm the exact name of the disposition and the date of receipt.
Closing
Anyone who receives a notice to appear for an immigration violation review due to undocumented stay or a violation of the Immigration Act is bound to feel anxious.
However, recommendation for departure, departure order, and deportation order each have different legal meanings and response methods.
If you are still at the immigration violation review stage, you may still have an opportunity to explain your circumstances and submit supporting materials before a disposition is issued.
If you have already received a departure order or deportation order, you may need to consider objection procedures such as administrative appeal and suspension of execution.
The important thing is not to let time pass.
In particular, because administrative appeals have filing periods, after receiving a disposition notice, you should first check the contents of the disposition, the date received, and materials proving family relationships and your foundation of life in Korea.
Even in undocumented stay cases, the outcome may differ depending on the violation period, family relationships, circumstances of stay, and past immigration history.
Therefore, rather than assuming the result based only on general internet information, it is necessary to review the response direction based on your own facts.
Contact Ethos Administrative Agent Office
If you have received a notice to appear for an immigration violation review, or if you have received an immigration-related disposition such as a departure order or deportation order, we can review possible response directions based on the current disposition notice and facts.