Student Jobs

Violations & protection

Penalties for violations and how to respond to unfair treatment — your last line of defense in protecting your rights.

1. Consequences of Violations

1-(1)Penalties at a glance

▪"It's just for a moment, it'll be fine" — that mindset is the greatest risk

The thought "it's just for a short while, it'll be fine" is the biggest risk of all. Working without authorization, working beyond your permitted hours, or working in a prohibited industry can lead to a departure order or forced deportation. Penalties usually proceed step by step: first detection and investigation → warning/fine → departure order → forced deportation → re-entry ban, and once you are deported you cannot re-enter Korea for a certain period, which can collapse both your study and career plans. Moreover, the penalty applies not only to the student but equally to the Korean employer who hired them knowing it was illegal, so both sides must be careful.

212
Detected in Jan–Feb 2024
44
Forced deportation
13
Departure order
948
Total detected in 2022
The following penalties and consequences may apply for unauthorized work, exceeding permitted hours, or working in prohibited industries.
  • Departure order or forced deportation
  • Ban on re-entry to Korea for a set period
  • Fine or criminal prosecution
  • The employer (Korean business owner) is also subject to penalties
  • Grounds for refusal of future visa change or extension

In part-time work violation cases detected in January–February 2024, many resulted in forced deportation and departure orders. "It's just for a moment, it'll be fine" is the greatest risk.

1-(2)Stages of action and detection statistics

Stages of action — from first detection to re-entry ban

The actual outcome depends on the severity of the violation (exceeding hours vs. prohibited industry vs. unauthorized work) and prior history, but the general process is as follows.

1

First detection · Investigation

Detected through immigration enforcement or a report. The facts are investigated and a written statement is taken. At this stage, your own statement will determine the severity of the subsequent decision.

2

Warning · Fine

Minor cases such as slight hour overruns may be resolved with a notification penalty (fine). The amount is determined by the severity of the violation, and voluntary reporting or minor violations may qualify for a reduction.

3

Departure order

Serious violations (working in a prohibited industry, repeated violations, etc.) result in an order to voluntarily leave the country within a set period. You must leave at your own expense within the designated deadline.

4

Forced deportation

Failure to comply with a departure order or serious violations lead to forced deportation (removal by authorities). You will be held in a detention facility and then returned to your home country, and you are generally responsible for the cost of repatriation.

5

Re-entry ban

After departure, re-entry to Korea is restricted for a set period. Depending on the severity of the violation, this can range from 1 to 10 years; forced deportation carries a longer ban.

Detection statistics

2022 detections 948 cases (more than double the 407 cases in the previous year) Forced deportation & departure orders Jan–Feb 2024 57 people Fine range minimum 2,000,000 won ~ maximum 30,000,000 won

※ The figures above are based on publicly released data from the National Assembly Education Committee and the Ministry of Justice, and may vary by year.

1-(3)Employer penalties, voluntary reporting and real cases

Employers are also penalized

The Immigration Act also penalizes business owners who hire unauthorized foreigners. It is not only the student who is at risk, so legitimate businesses are willing to go through the proper procedures.

  • Fine and criminal penalties for the employer — violation of the Immigration Act carries a fine of up to 30,000,000 won or imprisonment of up to 3 years.
  • Administrative sanctions on the business — repeated or serious violations may result in business suspension or cancellation of registration/license.
  • Future restriction on hiring foreigners — businesses with a record of violations will have their work permit applications for foreigners restricted for a certain period.
  • Restriction on student visa issuance — future part-time work permit applications for that business will be denied.
The effect of voluntary self-reporting

If you report yourself to the immigration office before being caught, the penalty may be significantly reduced.

  • Reduction of fines — voluntary reports often result in a lower notification penalty amount.
  • Downgrade from forced deportation → departure order — may be treated as voluntary departure at own expense instead of forced removal.
  • Shorter re-entry ban period — a history of voluntary reporting is taken into account as a favorable circumstance when determining the re-entry restriction.
  • Reporting through your school's international exchange office means you can get help organizing the facts and interpretation support, making the process smoother.
Real violation cases (anonymized and modified)
  • Case A — The trap of overworking during the semester: Caught working beyond the weekday limit (30 hours/week) during the semester. Even though the limit was lower for not meeting the TOPIK requirement, they did not apply for or update their part-time work permit, resulting in a departure order for "exceeding permitted scope."
  • Case B — Just once at a prohibited venue: Helped at a bar as a hall assistant for just a few days through a friend's introduction. Despite being a first offense, it was a prohibited industry, resulting in forced deportation + a 5-year re-entry ban.
  • Case C — Working two jobs simultaneously: Worked at a café under their permit while also doing overnight shifts at a convenience store. Combined hours exceeded the weekday limit (30 hours/week), and was fined + banned from re-entry for "working at an unauthorized workplace."

1-(4)Frequently Asked Questions

"I didn't know" alone is not grounds for exemption from a penalty. Because the permitted hours and industry conditions are explained to you when you receive your part-time work permit, the claim that "no one told me" is also hard to accept. However, mitigating factors such as voluntary reporting, whether it is a first offense, and the circumstances of the violation are considered together and may affect the severity. So at the first detection and investigation stage, it is most favorable to state the facts and circumstances honestly rather than hiding them; if your Korean is weak, give your statement through your school's international office or the 1345 interpretation service. Keeping your permit and a record of your working hours also makes it easier to prove circumstances in your favor.

If you fail to pay the notification penalty (fine) within the deadline, the case may be escalated to criminal proceedings and a formal trial, and a long-unpaid status also counts against you when your visa extension or change is reviewed. Don't just leave it unpaid and depart the country, as it can cause problems at your later re-entry screening. Installment payments or a deferral can be requested, so if the amount is a burden, consult the immigration officer in charge or your school's international office before the deadline passes. After paying, keep the receipt so you can use it as proof in later procedures.

You may apply to enter with a new visa once the re-entry ban period has ended. The period ranges widely from 1 to 10 years depending on the type and severity of the violation, and voluntary departure (a departure order) is often set shorter than forced deportation. A record of forced deportation is reviewed separately during visa screening, so the ban does not lift automatically when the period passes, and you must again meet the requirements for the new visa. If you receive a departure order, leaving at your own expense within the set deadline and keeping proof of your departure works in your favor for later re-entry. Check the specific visa types and requirements in advance through the visa guide page and the Korean embassy or consulate.

Administrative sanctions refer to decisions made by immigration authorities, such as departure orders, forced deportation, and re-entry bans, while criminal punishment refers to judicial measures handed down by a court, such as fines and imprisonment. Because the two proceed as separate tracks, both can be imposed for the same violation, and paying a fine does not make the deportation disappear, nor the reverse — this is exactly what foreigners most often misunderstand. For example, working in a prohibited industry may result in a "fine (criminal) + forced deportation (administrative)" together. Voluntary reporting and an honest statement mainly help reduce the severity of the administrative sanction, and in minor cases the criminal side can be concluded at the notification-penalty (fine) stage.

2. Responding to Unfair Treatment & Wage Theft

2-(1)Responding to unfair treatment at a glance

▪Reporting does not affect your visa

Reporting does not put your visa at any disadvantage, so if you suffer unfair treatment, do not hesitate. Korean law protects all workers regardless of nationality. Wage theft, verbal abuse, unilateral dismissal, and confiscation of your ID are all reportable, and an employer's threat that "reporting will get your visa cancelled" is simply a lie, not the truth. On the contrary, gathering evidence and filing a proper report is the way to protect yourself. When you need help, calling 1345 (Immigration Information Center), 1350 (Ministry of Employment and Labor), or 1577-1366 (Danuri) lets you receive free consultation in multiple languages — so do not suffer alone, and ask for help actively.

  • Immigration Information Center 1345

    Interpretation in about 20 languages · Residence/visa/daily life inquiries and 3-way interpretation service

  • Ministry of Employment and Labor Customer Service Center 1350

    Wage theft, employment contract, unfair dismissal complaints · Available in Korean, English, Chinese, Vietnamese, and more

  • Danuri Call Center 1577-1366

    24-hour service in 13 languages (Vietnamese, Chinese, Mongolian, Uzbek, etc.)

  • Korea Legal Aid Corporation 132

    Free legal consultation and litigation aid for wage theft (for those with an average monthly wage of less than 4,000,000 won over 3 months)

Even if you are treated unfairly because you are a foreigner, you have the right to report it. Korean law protects all workers regardless of nationality, and your visa will not be cancelled just because you file a report.

2-(2)5 types of unfair treatment commonly experienced by foreigners

1. Wage theft

When wages are not paid on the agreed date, or only partially paid. This is the most common case and is subject to criminal penalties.

2. Verbal abuse and insults

Insults based on nationality, accent, or appearance. Subject to workplace harassment complaints (Labor Standards Act Article 76-2) and discrimination complaints to the National Human Rights Commission.

3. Being pressured to exceed permitted hours

Repeated requests to "just work a little more today" that push you over your visa hour limit. If you are caught, it counts as a visa violation.

4. Unilateral dismissal

"Don't come in starting tomorrow" without notice. Subject to advance notice pay or an unfair dismissal relief application.

5. Confiscation of ID or passport

"Leave it as a deposit" is clearly illegal. Report immediately to the police (112) or the Immigration Information Center (1345).

2-(3)Wage theft reporting procedure

1

Gather evidence

Employment contract, bank transaction records, attendance records, texts/KakaoTalk with your employer, coworker statements. Keep as much as possible.

2

Written notice to employer

First, send a text message or certified letter requesting "Please pay the unpaid wages by [date]." If ignored, proceed to the next step.

3

File a complaint with the Ministry of Employment and Labor (1350)

Submit a complaint to the regional labor office with jurisdiction over the workplace. Available online at the labor portal (labor.moel.go.kr). Processing time: 25 days.

4

Labor inspector investigation → correction order

The inspector summons the employer for investigation. If wage theft is confirmed, a payment order is issued. If not complied with, a criminal case is filed and referred to the prosecutor.

5

Civil lawsuit or application for unpaid wage advance

If payment is still refused, file a civil lawsuit through the Legal Aid Corporation (132). You may also apply for an advance payment of unpaid wages from the Korea Workers' Compensation and Welfare Service.

2-(4)Comparison of reporting agencies

AgencyPhoneMain functionMultilingual
Ministry of Employment & Labor customer center1350Wage theft, employment contract, unfair dismissal complaintsKorean, English, Chinese, Vietnamese, and more
Immigration Information Center (Immigration Office)1345Residence/visa/general daily life inquiries with interpretationAbout 20 languages
National Human Rights Commission1331Discrimination, verbal abuse, workplace harassment complaintsKorean (use 1345 3-way interpretation)
Danuri Call Center1577-1366Multicultural/domestic violence/daily life consultation (24 hours)13 languages
Korea Legal Aid Corporation132Free legal consultation and litigation aid (wage theft, etc.)Korean (interpretation can be arranged)
Places offering free multilingual consultation
  • Foreign Worker Support Center: Free Korean language, legal, and labor consultations at major locations nationwide.
  • Danuri Call Center 1577-1366: 24-hour service in 13 languages (Vietnamese, Chinese, Mongolian, Uzbek, etc.).
  • Immigration Information Center 1345: Weekdays 09:00–22:00; after 18:00, Korean, English, and Chinese only.
  • Local government Foreign Resident Support Center: Search on the website of the city/county/district office where you live.
Responding to unfair dismissal — advance notice pay and relief application
  • Advance notice pay: If dismissed without 30 days' advance notice, you have the right to receive 30 days of ordinary wages (Labor Standards Act Article 26).
  • Unfair dismissal relief application: At workplaces with 5 or more regular employees, you may apply to the competent regional labor commission within 3 months of the date of dismissal (for labor consultation, contact the Ministry of Employment and Labor at 1350).
  • Exceptions: Day laborers who have worked less than 3 months, natural disasters, employer closure, etc. are excluded from advance notice pay.
Evidence accepted as proof
  • Employment contract (most powerful)
  • Bank transaction records — proof of wages paid or not paid
  • Text messages/KakaoTalk conversations — hourly wage agreements, work instructions, dismissal notifications
  • Audio recordings — legal if you are a party to the conversation (no need for the other party's consent)
  • Coworker statements/CCTV footage — proof of attendance and work
  • Clock-in/clock-out photos (including time metadata)
"Foreigners can't report" — that threat is a lie. Some employers threaten "if you report, your visa will be cancelled," but this is not true. In fact, such a threat itself may constitute coercion or intimidation. Contact 1345 or 1350 immediately.
Reporting does not affect your visa. Victims of wage theft and unfair treatment are actually protected, and Korean law applies equally to all workers regardless of nationality.

2-(5)Frequently asked questions

Yes. The Immigration Information Center 1345 interprets in about 20 languages and offers a 3-way interpretation service among you, the Ministry of Employment and Labor, and government offices. If Korean is difficult, the easiest route is to call 1345 first and have them connect a 3-way interpretation to the Ministry of Employment and Labor (1350) or the relevant agency. The Danuri Call Center (1577-1366) responds 24 hours a day in 13 languages including Vietnamese, Chinese, Mongolian, and Uzbek, and foreign worker support centers also offer in-person interpretation and counseling. Organizing key facts — such as the workplace name, period of work, and unpaid amount — in your own language before calling makes interpretation much faster. Note that at night (after 18:00) 1345 operates only in Korean, English, and Chinese, so use other languages during the day.

Complaints to the Ministry of Employment and Labor and the National Human Rights Commission are completely free, and you don't need to hire a separate lawyer to file a complaint and go through the labor inspector's investigation. The Korea Legal Aid Corporation (132) provides free legal consultation and litigation aid to wage-theft victims (for those whose average monthly wage over the 3 months prior to the theft was under 4,000,000 won). Consultation and interpretation at foreign worker support centers are also free, and the 1345 and 1350 phone consultations cost nothing either. So there is no reason to hesitate to report because of cost; it is actually to your advantage to gather enough evidence and file quickly.

Dismissal or disadvantageous treatment for filing a report is prohibited under Article 104 of the Labor Standards Act, and a violation can lead to criminal punishment of the employer (up to 2 years in prison or a fine of up to 20,000,000 won). The threat that "reporting will get your visa canceled" is not true, and the threat itself can amount to coercion or intimidation. If you face retaliatory dismissal, immediately file an unfair-dismissal relief application with the labor commission and a second complaint with the Ministry of Employment and Labor (1350). Organizing the threatening messages, recordings, and the timing of the dismissal notice in chronological order and keeping them as evidence makes the retaliation easier to prove. If responding alone is hard, get help from the 1345 interpretation service and a foreign worker support center.

Article 36 of the Labor Standards Act requires all payments (wages, severance pay, etc.) to be settled within 14 days of the resignation date. If they remain unpaid after 14 days, it immediately counts as wage theft. First gather evidence such as the labor contract, bank account transaction records, and commuting records, then file a complaint with the Ministry of Employment and Labor (1350) or submit one online via the labor portal (labor.moel.go.kr). Because a complaint takes time to investigate and process after filing (about 25 days), it is best to file before you leave Korea if possible. Even if you have already left, drawing up a power of attorney lets a family member or acquaintance in Korea file on your behalf and continue the process.
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