Stopped from leaving Korea during a criminal case: what can I do?

You can find out why, object within 10 days, and ask for the stop to be lifted once its reason is gone. For foreigners the measure is called a departure suspension (출국정지), the counterpart of the exit ban (출국금지) used for Korean citizens. The Ministry of Justice can impose it on a foreigner who is under investigation, on trial, still serving a prison sentence or owing a large unpaid fine. Each period is limited, but it can be extended. If your visa runs out while you are held back, you still have to deal with immigration, and the law gives you a short window to leave once the stop ends.

Who can be stopped, and for how long?

The periods below are the maximum for one decision. They come from the Immigration Act (출입국관리법) and its Enforcement Decree.

Your situation	One period, at most
A criminal case against you is pending in court	3 months
A prison sentence has not been fully served	3 months
Unpaid fine of 10 million won or more, or unpaid confiscation charge (추징금) of 20 million won or more	3 months
Under investigation, including while the prosecutor decides whether to indict	1 month
Investigation hard to continue because of flight or a similar reason	3 months
Case suspended because your whereabouts are unknown	3 months
Case suspended and an arrest or detention warrant issued	As long as the warrant is valid

Large unpaid taxes and a few other grounds are also listed, but the criminal grounds above are the ones most foreigners meet.

Can I be stopped at the airport without any decision in advance?

Yes, in urgent cases. Investigators may ask the officer at the departure check to hold a suspect back on the spot (긴급출국정지). This is allowed only where the suspected crime carries a maximum of at least 3 years in prison, there is good reason to suspect you, and there is a risk that you will destroy evidence or flee. The investigators must then ask the Minister of Justice for approval within 6 hours. If they do not ask, or approval does not come within 12 hours of their request, the stop must be lifted, and they cannot request another emergency stop for the same facts.

Will I be told?

As a rule, yes. When the Minister stops your departure or extends the period, you must be notified in writing at once, with the reason and the length. The notice can be withheld in a few cases: a serious threat to national security or the public interest, a serious risk to the investigation, or when nobody knows where you are. Even then, once the total period including extensions passes 3 months, you must be told. You must also be notified when the stop is lifted.

In practice many people first learn about it at the gate. If that happens, ask the officer for the name of the agency that requested the stop and write it down. That is the office you or your lawyer will deal with.

How do I object?

You can file an objection (이의신청) with the Minister of Justice within 10 days of receiving the notice or of the day you learned of the stop.

1. Ask a lawyer or a friend who reads Korean to go through the notice the same day, so the 10 days are not lost.
2. Explain why the stop is no longer needed: you attended every interview, you have a fixed address and job, your family is here, or the case has ended.
3. Attach proof, such as a booking for a return flight, an employment contract or a letter from the investigator confirming that your statements are finished.
4. Wait for the decision. The Minister must decide within 15 days, and may extend that once by another 15 days for an unavoidable reason. If the objection is accepted, the stop is lifted at once; if not, you receive the reasons in writing.

Going to court to cancel the decision, through an administrative lawsuit (행정소송), is also possible; whether it suits your timing is for your lawyer to judge.

Can it be lifted before the period ends?

Yes. The Minister must lift the stop as soon as its ground disappears or it is no longer needed, and the agency that asked for it must request the lifting once its reason is gone. Typical moments are when police close a case without sending it to the prosecutor, when a court case ends, or when an unpaid fine is paid. Do not wait for the system to catch up. Have your lawyer send the closing decision to the agency and ask it to request the lifting.

My visa expires while I am stuck. What now?

Being stopped from leaving does not extend your stay automatically. Apply to immigration for an extension before the current period ends, and explain that a departure suspension is in place. If you could not leave by your permitted date only because of the stop, the Enforcement Decree lets you depart without a separate extension procedure within 10 days after the stop is lifted. Use that window; overstaying beyond it creates a new problem of its own.

If your trial continues and you are released on bail, the court can make you promise not to go abroad without its permission. That promise is separate from the immigration stop. Even after the immigration measure ends, travel would then still need the court's approval.

What if I have an urgent reason to travel?

A sick parent, a funeral or the end of a work contract does not lift a stop by itself, but it is the kind of fact that belongs in an objection or a request for lifting. Show that you intend to come back and keep cooperating: a return ticket, a lawyer who will handle the case in Korea, an address where letters reach you. Nothing guarantees permission, so start this as early as possible rather than on the day of the flight.

Next step

Gather the notice you received, or the name of the agency the airport officer gave you, along with your visa expiry date and any travel booking. If you received the notice within the last 10 days, contact a lawyer now. Consultations are paid; when you contact us, a staff member will call you back and explain the fee.

법무법인 대한중앙
1533-7377

Rules applied

Immigration Act (출입국관리법), as amended with effect from October 2, 2026: Article 29(1) and (2) (departure suspension of a foreigner; Articles 4(3) to (5) and 4-2 to 4-5 apply), Article 4(1) nos. 1 to 4 and (2) (grounds, including investigation and the decision whether to indict), Article 4-2 (extension), Article 4-3 (lifting), Article 4-4 (written notice; exceptions; notice required once the total passes 3 months; notice of lifting), Article 4-5 (objection within 10 days; decision within 15 days, extendable once by 15 days), Article 4-6 with Article 29-2 (emergency suspension, 6 and 12 hours), Article 25(1) (extension before expiry). Enforcement Decree (출입국관리법 시행령) Article 1-3(1) (fine of 10 million won, confiscation charge of 20 million won), Article 36(1) (periods for foreigners), Article 37 (departure within 10 days after lifting). Criminal Procedure Act (형사소송법) Article 98 no. 6 (bail condition not to leave Korea without the court's permission).

This is general information, not legal advice. Every case is different.