South Korea

I'm overstaying illegally. What happens if I leave?

1–5 years

Re-entry ban

90 days

Short-term ban

1 year

Min. ban for >90d

5 years

Max. ban for >1y

The Short Answer

If you leave South Korea voluntarily while overstaying, you may avoid detention and criminal penalties, but you could still face a re-entry ban of 1–5 years depending on overstay length.

What the Law Says

South Korean immigration law imposes automatic re-entry bans for foreign nationals who overstay their permitted period of stay — even if they depart voluntarily. The length of the ban depends strictly on how long the overstay lasted.

Under the Immigration Act, any foreigner who remains in South Korea beyond their authorized period of stay is subject to a mandatory re-entry ban upon departure — whether forced or voluntary.

The ban applies automatically upon exit and does not require a court order or deportation decision. It is triggered solely by the fact and duration of the overstay.

The law distinguishes between short overstays (up to 90 days) and longer ones, assigning progressively longer bans — up to five years for overstays exceeding one year.

Statutory Text
A foreigner who has stayed in the Republic of Korea beyond the period of sojourn permitted... shall be prohibited from reentering the Republic of Korea for a period of one year... if the period of overstay exceeds ninety days...
— Immigration Act, s. 19-2 — Prohibition of Reentry

Statutory Text
...for a period of three years if the period of overstay exceeds one year, and for a period of five years if the period of overstay exceeds two years.
— Immigration Act, s. 19-2 — Prohibition of Reentry

What to Do

Confirm your exact overstay duration using your entry stamp and visa expiry date.

Visit the nearest Immigration Office to apply for voluntary departure procedures (no arrest or detention if done proactively).

Submit Form for Voluntary Departure and request written confirmation of departure date.

Depart before any formal deportation order is issued to avoid criminal charges under Article 19-3.

Wait out the applicable re-entry ban period before applying for a new visa.

Sources

statuteImmigration Act, s. 19-2 — Prohibition of Reentry statuteImmigration Act, s. 19-3 — Punishment for Overstaying

Same Question, Other Jurisdictions

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.