‹ Korea Visa & Stay Q&A for Foreigners
What are the residence disadvantages if a foreigner drives under the influence?
Based on: National Law Information Center (국가법령정보센터) 「Road Traffic Act (도로교통법)」 (Act No. 22067, effective 2026.10.13.) Articles 44, 148-2, 93 (excerpt), 82(2) (excerpt) (checked 2026.10.30) · Ministry of Justice (법무부) 「Residence Civil Service Guide Manual by Status」 (as of 2026.10.19) · K-VISA practical reference 「Residence Practice Guidelines」 (as of 2023.7.) · 「Legality of Departure Orders under the Immigration Act and Legal Remedies - Focusing on the Relationship with Cancellation of Residence Permits -」 (December 2023, 「Ilgam Law Review」 No. 56, pp. 401-433, Konkuk University Law Research Institute, accepted for publication 2023.12.28., DOI 10.35148/ilsilr.2023..56.401)Foreigners who drive drunk also face criminal penalties such as fines or imprisonment. Separately, it can also work against you when you extend your visa, change your status, or apply for permanent residence. A blood alcohol concentration of 0.03% or higher counts as drunk driving1. If you have already been caught or punished, get a consultation with the K-VISA AI Administrative Agent (K-VISA AI 행정사) (the visa service in the app) before your next application.
Possible disadvantages for your stay
- Extension and status change: A criminal record is generally viewed negatively in the 'good conduct' review. Your extension may be denied, or you may get a shorter period of stay.
- If you did not pay the fine: If you have not paid the fine, you may be seen as not having good conduct. Then you may be disqualified in reviews such as K-STAR permanent residence (K-STAR 영주)2.
- Permanent residence (F-5) application: If you have a record of breaking Korean law, you may have to take Law-Abiding Citizen Education (준법시민교육)2. An earlier practice guideline separately listed being sentenced 3 or more times for drunk driving abroad as a disqualifying overseas crime3.
- Permit cancellation and departure: If the violation is serious, your residence permit can be canceled. If permanent resident status is canceled, it can lead to a departure order or deportation4.
- Naturalization: In general, a drunk driving record is also viewed negatively in the good conduct review for naturalization.
⚠️ Things to watch out for
- Drinking more alcohol after driving to make a alcohol test harder is also prohibited1.
- There is no separate objection procedure for a departure order. To contest it, you must file an administrative appeal or an administrative lawsuit5.
- The actual result depends on the number of offenses, the test level, and the penalty. For final confirmation, check HiKorea (hikorea.go.kr) or the Foreigner Comprehensive Information Center (외국인종합안내센터) (1345).
Sources
- 도로교통법 - 음주운전 금지(제44조)·벌칙(제148조의2)·면허 취소·정지(제93조 발췌)·결격기간(제82조② 발췌) › 제44조A blood alcohol concentration of 0.03% or higher is drunk driving, and interfering with the test is also prohibited
- 체류민원 매뉴얼 · K-STAR 비자트랙 제도 › 품행단정·준법시민교육If you do not pay the fine, you may be disqualified, and people who broke the law may have to take Law-Abiding Citizen Education
- 체류 실무지침 · 세부 지침 (32/51) · F-5, F-2, F-1 › 해외범죄 심사기준Being sentenced 3 or more times for drunk driving abroad was listed as a disqualifying reason for permanent residence
- 체류 실무지침 · 세부 지침 (33/51) · F-5, F-2, E-7 › 취소절차If a violation is serious, the permit can be canceled, which can then lead to a departure order or deportation
- 출입국관리법상 출국명령의 적법성과 권리구제 - 체류허가취소와의 관계를 중심으로 - › 권리구제A departure order must be contested through an administrative appeal or administrative lawsuit instead of an objection
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Related questions
My stay period has expired. How much is the fine, and what should I do?General guidance prepared by K-VISA AI from Ministry of Justice manuals, laws and official guides. Not legal advice — please confirm with HiKorea or the Immigration Contact Center (1345).