How long is the entry ban if I leave Korea after overstaying my visa?
Based on: 「A Study on Public-Law Issues at Each Stage of Entry and Departure Regulation - From the Perspective of Balancing Regulation and Human Rights」 (February 2025, doctoral dissertation, Hankuk University of Foreign Studies Law School (submitted October 2024)) · Ministry of Justice press release 2025.11.28 · Ministry of Justice press release 2024.9.27 · Ministry of Justice press release (2023 special voluntary departure, date not confirmed)There is no single fixed period. It depends on how long you overstayed, whether you left on your own or were caught and removed, and whether you paid the fine. An entry ban is a measure that the Minister of Justice sets based on the reason. The detailed criteria for the length are not in the public guidance, so I cannot tell you for sure how many years it will be.
If your period of stay has already passed, you are in a risky situation. Staying past your period of stay (overstay) makes you subject to deportation. You may also face criminal punishment of up to 3 years in prison or a fine of up to 30,000,000 KRW.
When the entry ban period differs
- Leaving on your own (voluntary departure): This is usually the best option. The Ministry of Justice (법무부) sometimes opens a 'special voluntary departure program' for a set period. If you report in advance and leave during that period, you are exempt from the fine, and the entry restriction is delayed or waived. For example, there was a program from 12/1/'25 to 2/28/'26 (90 days) that waived the fine and suspended the entry restriction for overstaying foreigners who reported themselves and then left.
- Caught and deported: The entry ban period usually becomes much longer. If you are caught, you can face strict measures such as a fine, deportation and an entry ban.
- People excluded from the benefit: Illegal entrants, people who used a forged or altered passport, criminal offenders, and people who did not follow a departure order are excluded.
What to do now
- Before you leave, go to the immigration office (출입국) in person or file a 'voluntary departure advance report' online. You must file the advance report at least 3 days before the voluntary departure deadline (not counting public holidays).
- Prepare your documents. You need your passport, the voluntary departure report form, and your departure flight ticket.
- Be sure to get the fine and entry restriction result in writing when you leave, and keep it.
If you overstayed for a long time or were caught before, the result can be very different. In these cases, get a K-VISA AI administrative agent consultation in the visa service in the app. First check whether the special voluntary departure period is open now and what your own entry ban period is at HiKorea (hikorea.go.kr) or 1345.
Sources
- 출입국 규제 단계별 공법상 쟁점에 관한 연구 - 규제와 인권의 조화적 관점에서 - › 체류기간 연장Overstay makes you subject to deportation and to up to 3 years in prison or a fine of up to 30,000,000 KRW
- 법무부, 2025년 불법체류 외국인 특별 자진출국 제도 한시 시행If you leave voluntarily from 12/1/'25 to 2/28/'26, the fine is waived and the entry restriction is suspended
- 법무부, '24년 2차 불법체류 외국인 정부합동단속 실시 및 특별 자진출국기간 운영If you are caught, you face deportation and an entry ban, and criminal offenders and others are excluded from the benefit
- 법무부, '23년 불법체류 외국인 특별 자진출국제도 시행Deadline for the advance report and the documents you need
Related questions
My stay period has expired. How much is the fine, and what should I do?What disadvantages do foreigners face for their stay in Korea if they drive under the influence?What happens if I stay past my C-3 period of stay?What is the difference between a departure order and deportation?What is the penalty for working without permission?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).
