The Complete Guide to the Korean D-2 (Study Abroad) Visa
I. The Big Picture
1. Overview of the D-2 Visa
The D-2 visa is a long-term status of stay granted to foreign nationals who intend to pursue a regular degree program at a junior college or higher educational institution, or at an academic research institution, or to conduct specific research at such an institution (Enforcement Decree of the Immigration Act, Article 12, [Annex 1-2]; Seoul Administrative Court, Judgment of Jan. 26, 2022, 2021Gudan21098).
Immigration administration is a form of state administration aimed at promoting national interests and security through appropriate control and coordination of the entry and exit of nationals and foreign nationals and the stay of foreign nationals. Matters relating to the domestic stay of foreign nationals are strictly managed in order to properly maintain and carry out the functions of a sovereign state (Seoul Administrative Court, Judgment of Jan. 26, 2022, 2021Gudan21098).
2. Sub-Categories of the D-2 Visa
The D-2 visa is subdivided according to the purpose of study as follows.
| Sub-Category | Content |
|---|---|
| D-2-1 | Associate degree program (junior college) |
| D-2-2 | Bachelor’s degree program (university) |
| D-2-3 | Master’s degree program (graduate school) |
| D-2-4 | Doctoral degree program (graduate school) |
| D-2-5 | Research program (academic research institution) |
| D-2-6 | Exchange student |
| D-2-7 | Credit exchange student |
| D-2-8 | Language training (university-affiliated language institute) |
3. Specific Requirements
A. Institutional Requirement
Institutions eligible for the grant of a D-2 visa are limited to junior colleges and higher educational institutions established under Article 2 of the Higher Education Act or under special statutes, which are registered with the Ministry of Justice’s Foreign Student Information Management System (FIMS) (Seoul Administrative Court, Judgment of June 11, 2020, 2020Gudan6092).
The Ministry of Justice uses FIMS to collect from universities information on foreign students’ academic records, status, and whereabouts — including cases of unconfirmed location — in order to ascertain whether foreign students are properly pursuing their studies in a manner consistent with their purpose of stay. Universities are periodically evaluated on their management of foreign students, illegal stay rates, and similar indicators, and are classified accordingly; visa review standards are then differentiated by university to prevent indiscriminate acquisition of D-2 status (Seoul Administrative Court, Judgment of June 11, 2020, 2020Gudan6092).
B. Financial Capacity Requirement
The Ministry of Justice’s “Integrated Guidelines on Visa Issuance and Stay Management for Foreign Students” requires proof of a certain level of financial capacity sufficient to cover tuition fees, living expenses, and related costs (Seoul Administrative Court, Judgment of Jan. 31, 2020, 2019Gudan15878).
The specific financial capacity thresholds are as follows.
| Category | Threshold Amount (per person, per year) |
|---|---|
| Associate degree or higher — Seoul Metropolitan Area | USD 20,000 |
| Associate degree or higher — Outside Seoul Metropolitan Area | USD 18,000 |
Because a foreign national without adequate financial capacity who holds D-2 status — under which employment is in principle not permitted — is at significant risk of being tempted into illegal employment, which in turn risks hollowing out the status-of-stay system itself, the financial capacity requirement is strictly scrutinized (Seoul Administrative Court, Judgment of Jan. 31, 2020, 2019Gudan15878; Suwon District Court, Judgment of Nov. 25, 2020, 2020Gudan2220).
C. Academic Ability Requirement
The standard certificate of admission must contain determinations on academic ability and financial capacity, and is issued by the president or dean of the university (Seoul Administrative Court, Judgment of Jan. 26, 2022, 2021Gudan21098).
4. Required Documents
A. Basic Documents
| Document | Notes |
|---|---|
| Visa application form | Hi Korea (www.hikorea.go.kr) or overseas mission |
| Passport | Validity of at least 6 months |
| Standard certificate of admission | Issued by the university president or dean; must include determinations on academic ability and financial capacity |
| Tuition payment certificate or scholarship certificate | For applicable cases only |
| Proof of financial capacity | Bank balance certificate, scholarship confirmation, etc. |
| Photograph | Meeting specifications |
Under Annex 5-2 of the Enforcement Regulations of the Immigration Act, when changing to D-2 status, the applicant must submit a standard certificate of admission (issued by the university president or dean) containing determinations on academic ability and financial capacity, along with a tuition payment certificate or scholarship certificate (Suwon District Court, Judgment of Dec. 5, 2018, 2018Gudan1583).
B. Additional Documents for Change or Extension of Status of Stay
- Certificate of enrollment or academic register
- Academic transcript
- Attendance certificate (where required by the university)
- Sponsorship guarantee or financial documentation (Seoul Administrative Court, Judgment of Jan. 31, 2020, 2019Gudan15878)
C. Notes on Document Supplementation Requests
Because the Administrative Procedure Act does not apply to immigration matters, a disposition is not procedurally defective merely because the agency did not follow the supplementation request procedure under Article 17(5) of the Administrative Procedure Act before issuing the disposition (Suwon District Court, Judgment of Dec. 5, 2018, 2018Gudan1583). Accordingly, applicants cannot count on being given an opportunity to remedy document deficiencies, and it is important to submit a complete set of documents from the outset.
5. Period of Stay
The maximum period of stay under D-2 status is 2 years, although the Minister of Justice may set a different period in accordance with international practice or the principle of reciprocity (Cheongju District Court, Judgment of June 15, 2023, 2022Guhap52510).
Extension applications must be filed before the period of stay expires, and the financial capacity requirement and other conditions are subject to fresh review at the time of each extension (Immigration Act, Article 25).
6. Key Cases
A. Denial of Extension for Failure to Meet Financial Capacity Requirement
The Suwon District Court upheld a denial of extension as lawful, reasoning that because employment is in principle not permitted under D-2 status, a foreign national who lacks the financial capacity to cover tuition and living expenses is likely to be unable to concentrate on studying — the primary purpose of the status — and is at significant risk of resorting to illegal employment in Korea (Suwon District Court, Judgment of Nov. 25, 2020, 2020Gudan2220).
B. Case Involving Transition to Points-Based Job Seeker Visa (D-10)
The Gwangju District Court upheld a denial of extension as lawful in a case where a foreign national who had entered under D-2-3 (master’s degree study) status, obtained a master’s degree, and then changed to D-10 (Job Seeker) status subsequently fell short of the points threshold, scoring 55 points against the 60-point minimum — a shortfall of 5 points (Gwangju District Court, Judgment of May 19, 2022, 2021Guhap14127).
C. Restriction on Change from Other (G-1) Status to D-4-3
The Suwon District Court upheld a denial as lawful in a case where a foreign national holding G-1 (Other) status as a refugee applicant sought to change to D-4-3 (foreign student at high school or below), on the ground that holders of G-1 status are restricted from changing to D-4-3 (Suwon District Court, Judgment of Apr. 7, 2022, 2021Guhap70722).
D. Criminal Punishment for Illegal Employment
In a case where a foreign student who had entered on a D-2 visa took up employment as an instructor at a private language institute without a status of stay permitting employment, both the student and the institute director who employed them were punished for violations of the Immigration Act (Suwon District Court Ansan Branch, Judgment of Nov. 19, 2014, 2014Gojeong89-1).
7. Obligations After Obtaining the Visa
A. Restriction on Employment Activity
D-2 visa holders are in principle prohibited from engaging in employment. The statuses of stay that permit employment are separately enumerated in Article 23(1) of the Enforcement Decree of the Immigration Act, and D-2 is not among them (Supreme Court, Judgment of May 7, 1997, 96Do2950).
However, part-time employment is permitted on a limited basis where permission for activities outside the status of stay has been obtained. Even then, exceeding the permitted scope constitutes a violation of the Immigration Act (Jeju District Court, Judgment of Jan. 28, 2021, 2020Godan2805).
B. Obligation to Maintain Academic Standing
Foreign students are required to register each semester and maintain normal academic progress. In cases of leave of absence, academic dismissal, or unconfirmed whereabouts, the head of the institution must notify the relevant immigration authority (Enforcement Decree of the Immigration Act, Article 24-8), and such circumstances may constitute grounds for revocation of the status of stay or denial of extension.
C. Designation of Foreign Student Management Staff
The head of an institution at which D-2 foreign students are enrolled must designate a staff member responsible for managing foreign students and notify the head of the relevant regional immigration office accordingly (Immigration Act, Article 19-4(1)). Foreign students may receive administrative support for stay-related matters through this designated staff member.
D. Compliance with Period of Stay
To continue staying beyond the authorized period, the holder must obtain an extension permit before the period expires (Immigration Act, Article 25). Overstaying may result in adverse measures including deportation and an entry ban.
E. Ongoing Maintenance of Financial Capacity
Because the financial capacity requirement is subject to fresh review at the time of each extension, it is important to maintain adequate financial capacity throughout the period of enrollment and to manage documentation capable of proving it (Seoul Administrative Court, Judgment of Jan. 31, 2020, 2019Gudan15878).
F. Change of Status After Graduation
A foreign student who wishes to seek employment in Korea after completing their studies may change to D-10 (Job Seeker) status, but must satisfy the points-based requirements. Because extension may be denied for failure to meet the points threshold, preparation should begin before graduation (Gwangju District Court, Judgment of May 19, 2022, 2021Guhap14127).
8. Notes on Deviation from or Abuse of Discretion
The immigration authorities have broad discretionary authority over the grant of statuses of stay. However, a decision is unlawful as a deviation from or abuse of discretion where there is a serious error in the factual findings underlying the judgment, where the principles of proportionality or equality have been violated, or where the decision is otherwise so manifestly unreasonable as to fall outside generally accepted social norms (Cheongju District Court, Judgment of June 15, 2023, 2022Guhap52510; Suwon District Court, Judgment of Apr. 7, 2022, 2021Guhap70722).
Accordingly, where a denial has been issued, it is possible to challenge the decision through an administrative appeal or administrative litigation by examining whether there was a factual error underlying the disposition or whether the principle of proportionality was violated.
II. The Issue of Part-Time Employment for D-2 Visa Holders
1. Legal Basis for Permission for Activities Outside the Status of Stay
A foreign national staying in Korea who wishes to engage, alongside the activities corresponding to their status of stay, in activities corresponding to a different status of stay must obtain prior permission from the Minister of Justice for activities outside the status of stay, as prescribed by Presidential Decree (Immigration Act, Article 20).
Because D-2 visa holders are in principle prohibited from engaging in employment, they must obtain this permission in advance before taking up any part-time employment (Enforcement Decree of the Immigration Act, Article 25(1)).
2. Specific Requirements for Part-Time Employment Permission
A. Korean Language Proficiency Requirement
To obtain part-time employment permission, the applicant must hold a TOPIK (Test of Proficiency in Korean) score of Level 3 or higher (Suwon District Court, Judgment of Jan. 13, 2022, 2020Godan5134).
B. Academic Performance Requirement
To demonstrate that the student is devoting themselves to the primary purpose of study, the applicant must have maintained a grade point average of C or higher in the immediately preceding semester (Suwon District Court, Judgment of Jan. 13, 2022, 2020Godan5134).
C. Confirmation by the University’s Foreign Student Officer
After satisfying the above requirements, the applicant must obtain confirmation from the foreign student officer at the university they attend (Suwon District Court, Judgment of Jan. 13, 2022, 2020Godan5134).
D. Application Procedure
A foreign national seeking permission for activities outside the status of stay must submit an application form, together with the documents prescribed by Ministry of Justice ordinance, to the chief of the relevant office, branch office, or sub-branch office (Enforcement Decree of the Immigration Act, Article 25(1)). Applications may also be filed electronically through Hi Korea (www.hikorea.go.kr).
E. Limits on the Scope of Permission
Where the review of a permission application determines that the activity the applicant intends to take up is recognized as being the primary activity, the applicant must obtain a change of status of stay rather than permission for activities outside the status of stay (Enforcement Regulations of the Immigration Act, Article 29). In other words, part-time employment must not become a more primary activity than study.
3. Consequences of Failing to Meet the Permission Requirements
A. Denial of Permission and Refusal of Extension of Stay
Where the applicant fails to meet the part-time employment permission requirements — for instance, due to an insufficient TOPIK score — the permission will be refused outright. Furthermore, where the applicant has engaged in part-time employment without authorization in violation of Article 20 of the Immigration Act, this constitutes grounds for a denial of extension of stay (Seoul Administrative Court, Judgment of Aug. 8, 2017, 2017Gudan13052).
The Seoul Administrative Court held that a foreign student’s receipt of a penalty notice imposing a KRW 500,000 fine for unauthorized part-time employment without permission constitutes a legitimate ground for a denial of extension of stay (Seoul Administrative Court, Judgment of Aug. 8, 2017, 2017Gudan13052).
4. Legal Liability for Exceeding the Permitted Scope
A. Criminal Punishment — Violation of the Immigration Act
A person who engages in activities corresponding to a different status of stay without having obtained permission for activities outside the status of stay is subject to imprisonment of up to 3 years or a fine of up to KRW 30 million (Immigration Act, Article 94(12) and Article 20).
In one reported case, a D-2 foreign student who worked part-time at a restaurant without having obtained part-time employment permission — due in part to a TOPIK score below Level 3 — was sentenced to a fine of KRW 1 million for violation of the Immigration Act (Suwon District Court, Judgment of Jan. 13, 2022, 2020Godan5134).
B. Additional Criminal Liability for Submitting Forged Documents
Where an applicant who failed to meet the part-time employment permission requirements forged an electronic civil service confirmation document and used it to obtain employment, additional offenses of forgery of private documents and use of forged private documents are established alongside the Immigration Act violation.
C. Employer’s Legal Liability
A person who employs a foreign national who does not hold a status of stay permitting employment is also subject to imprisonment of up to 3 years or a fine of up to KRW 30 million (Immigration Act, Article 94(9) and Article 18(3)). This applies equally where a D-2 foreign student is employed without part-time employment permission (Busan District Court, Judgment of Mar. 25, 2020, 2019Godan6129 — employer punished for hiring a D-2-1 foreign student as a restaurant worker).
However, the mere fact that an employee of a corporation employed an unqualified foreign national, and that the corporation’s representative director was in a position where he could have been aware of this, does not by itself make the representative director a person who “employed” the foreign national within the meaning of Article 94(9) of the Immigration Act (Supreme Court, Judgment of June 29, 2017, 2017Do3005).
D. Deportation and Revocation of Status of Stay
Engaging in employment without permission for activities outside the status of stay in violation of Article 20 of the Immigration Act may result in deportation (Immigration Act, Article 46(1)(8)). However, because a deportation order is a discretionary act, it may be unlawful where the disadvantage suffered by the foreign national is disproportionately large compared to the public interest the order seeks to achieve (Seoul Administrative Court, Judgment of Oct. 10, 2013, 2013Guhap13617).
5. Considerations Where Lawful Part-Time Employment Permission Has Been Obtained
A. Employment Permitted Only Within the Authorized Scope
Even where part-time employment permission has been lawfully obtained, employment is permitted only within the authorized workplace, industry, and hours. Exceeding the authorized scope constitutes a violation of the Immigration Act.
B. Restrictions on Permitted Industries
Part-time employment is not permitted in all industries. For example, the massage industry is not among the activities eligible for permission outside the status of stay under immigration-related statutes and regulations, and therefore D-2 holders may not take up employment at massage establishments even if they hold part-time employment permission (Seoul Central District Court, Judgment of June 29, 2018, 2018Godan2456).
C. Ongoing Financial Capacity Obligation
Even where part-time employment permission has been obtained and the student is engaged in part-time work, the financial capacity requirement must separately be satisfied at the time of any extension of stay. Where financial capacity is insufficient, extension of stay may be denied (Seoul Administrative Court, Judgment of Aug. 8, 2017, 2017Gudan13052).
6. Summary
| Item | Content |
|---|---|
| Permission requirements | TOPIK Level 3 or higher + grade point average of C or higher in immediately preceding semester + confirmation by university’s foreign student officer |
| Application method | Electronic application through Hi Korea, or in-person application at an immigration office |
| Employment without permission | Imprisonment of up to 3 years or fine of up to KRW 30 million (Immigration Act, Article 94(12)) |
| Submission of forged documents | Additional offenses of forgery of private documents and use of forged private documents |
| Employer liability | Imprisonment of up to 3 years or fine of up to KRW 30 million (Immigration Act, Article 94(9)) |
| Administrative consequences | Denial of extension of stay; possible deportation |
III. Deportation and Entry Bans for D-2 Visa Holders Who Overstay, and Available Remedies
1. Legal Significance of Overstaying
A foreign national who wishes to continue staying in Korea beyond the authorized period of stay must obtain an extension permit from the Minister of Justice before the period expires (Immigration Act, Article 25(1)). Where a foreign national continues to stay after the period of stay has expired in violation of this requirement, they become subject to deportation under Article 46(1)(8) of the Immigration Act (Immigration Act, Article 46(1)(8)).
Immigration administration is a form of state administration aimed at promoting national interests and security through appropriate control and coordination of the entry and exit of nationals and foreign nationals and the stay of foreign nationals. Matters relating to the domestic stay of foreign nationals are strictly managed in order to properly maintain and carry out the functions of a sovereign state (Suwon District Court, Judgment of July 5, 2024, 2023Gudan14316; Seoul Administrative Court, Judgment of Apr. 15, 2022, 2021Gudan77152).
2. Specific Standards for Deportation Orders
A. Legal Nature of Deportation Orders
A deportation order is a discretionary act. Accordingly, even where overstay is established, the immigration authority may take all circumstances into account when deciding whether to issue a deportation order (Daegu District Court, Judgment of Apr. 29, 2022, 2021Gudan12010).
However, where a foreign national who has received a departure order fails to depart by the designated deadline, the head of the regional immigration office must issue a deportation order without delay, meaning the act becomes one of bound discretion in such cases (Immigration Act, Article 68(4); Seoul Administrative Court, Judgment of Nov. 10, 2023, 2023Gudan55040).
B. Departure Orders Issued in Lieu of Deportation
In practice, where a foreign national who has overstayed expresses a willingness to depart voluntarily, immigration authorities frequently issue a departure order — which carries comparatively less severe consequences — rather than a deportation order (Immigration Act, Article 68(1)(1); Suwon District Court, Judgment of July 5, 2024, 2023Gudan14316; Seoul Administrative Court, Judgment of Apr. 15, 2022, 2021Gudan77152).
The key differences between departure orders and deportation orders are as follows.
| Item | Departure Order | Deportation Order |
|---|---|---|
| Legal basis | Immigration Act, Article 68 | Immigration Act, Article 46 |
| Nature | Discretionary | Discretionary (bound once departure order is not complied with) |
| Entry ban period | Relatively shorter | Entry ban of up to 5 years following deportation |
| Voluntary departure | Premised on willingness to depart voluntarily | Forcible execution available |
C. Factors Considered in the Exercise of Discretion
When determining whether a deportation order constitutes a deviation from or abuse of discretion, courts take the following factors into comprehensive consideration.
1) Circumstances and Degree of the Violation
The circumstances surrounding the overstay, its duration, and whether it was intentional or negligent are considered. However, a mere lack of knowledge of the law does not constitute a legitimate justification for the violation (Daegu District Court, Judgment of Nov. 13, 2024, 2024Gudan11131).
2) Additional Violations Such as Illegal Employment
Where the overstay is accompanied by additional Immigration Act violations such as illegal employment, the justification for the deportation order is strengthened. In practice, there are numerous cases in which D-2 visa holders who engaged in employment without permission for activities outside the status of stay received departure orders or deportation orders (Daegu District Court, Judgment of Nov. 13, 2024, 2024Gudan11131; Daejeon District Court, Judgment of Mar. 17, 2022, 2021Gudan102647).
3) History of Penalty Notices
Under the Ministry of Justice’s “Integrated Guidelines on Visa Issuance and Stay Management for Foreign Students,” where unauthorized employment is first detected and a penalty notice is issued but stay is permitted, part-time employment permission is restricted for one year from the date of payment of the fine. From the second detection onward, the principle of deportation applies without exception (Seoul Administrative Court, Judgment of May 23, 2024, 2023Gudan70513).
4) Domestic Life and Family Ties
The existence of a domestic life base or family in Korea may be taken into account in the proportionality assessment, but such circumstances alone do not render a deportation order unlawful (Daegu District Court, Judgment of Apr. 29, 2022, 2021Gudan12010; Daegu District Court, Judgment of May 20, 2022, 2021Gudan12195).
3. Specific Standards for Entry Bans
A. Entry Ban Following Deportation
A person who has received a deportation order and departed has not yet passed 5 years since deportation is subject to an entry ban (Immigration Act, Article 11(1)(6)). This entry ban applies by operation of law.
B. Cases Involving Departure Orders
Where a foreign national departs voluntarily pursuant to a departure order, the entry ban period is relatively shorter than for deportation, or an entry ban may not be imposed at all. In practice, immigration authorities sometimes apply the entry ban standards at one level of leniency (Suwon District Court, Judgment of Feb. 2, 2024, 2023Gudan4777).
C. Possibility of Re-entry
Even where a foreign national has departed following a departure order or deportation order, this does not constitute a permanent entry ban. Once the entry restriction period has elapsed, the person may re-enter by obtaining a lawful visa upon satisfying the relevant qualifications and requirements (Seoul Administrative Court, Judgment of Apr. 15, 2022, 2021Gudan77152; Suwon District Court, Judgment of July 5, 2024, 2023Gudan14316).
4. Available Remedies
A. Administrative Remedies
1) Application for Deferred Departure
Even where an extension of stay has been denied, an application for deferred departure may be filed under Article 33 of the Enforcement Regulations of the Immigration Act. Where there are special circumstances — such as ongoing litigation — deferred departure may be granted (Cheongju District Court, Judgment of June 15, 2023, 2022Guhap52510).
2) Application for Temporary Release from Detention
Where a foreign national has been detained for the purpose of executing a deportation order, an application for temporary release from detention may be filed. Temporary release may be permitted subject to conditions such as payment of a deposit (Constitutional Court, Decision of Feb. 22, 2018, 2017Heonka29).
3) Objection
An objection to a deportation order or detention order may be filed with the Minister of Justice (Immigration Act, Article 60). However, this mechanism has inherent limitations as an internal control procedure within the same administrative body (see dissenting opinion on unconstitutionality in Constitutional Court, Decision of Feb. 22, 2018, 2017Heonka29).
B. Judicial Remedies Through Administrative Litigation
1) Action for Revocation
An action for revocation under the Administrative Litigation Act may be brought against a deportation order, departure order, or denial of extension of stay. Grounds not raised in preliminary proceedings may be newly raised in administrative litigation (Supreme Court, Judgment of Apr. 10, 1984, 83Nu657).
2) Application for Suspension of Execution
Filing an application for suspension of execution together with an action for revocation can stay the effect of the disposition until the judgment on the merits is rendered. Because a deportation order is a non-pecuniary disposition restricting physical liberty, it is likely to meet the requirement of “irreparable harm” for the purposes of a suspension of execution application.
3) Argument of Deviation from or Abuse of Discretion
The central argument in an action for revocation is deviation from or abuse of discretion. Although permits to change status of stay and to extend the period of stay are constitutive administrative dispositions over which the authorizing authority has discretion, a decision is unlawful as a deviation from or abuse of discretion where there is a serious error in the factual findings underlying the judgment, where the principles of proportionality or equality have been violated, or where the decision is so manifestly unreasonable as to fall outside generally accepted social norms (Supreme Court, Judgment of July 14, 2016, 2015Du48846; Daegu District Court, Judgment of Nov. 21, 2012, 2012Guhap29).
The following specific arguments may be raised.
| Argument | Basis |
|---|---|
| Short duration of overstay with no intentional element | Violation of the principle of proportionality |
| Existence of domestic life base and family ties | Disproportionately large disadvantage from the disposition |
| Humanitarian grounds such as refugee application | Seoul Administrative Court, Judgment of Oct. 10, 2013, 2013Guhap13617 |
| Disadvantage grossly disproportionate to public interest served | Suwon District Court, Judgment of May 8, 2024, 2023Gudan2290 |
In one case, the Suwon District Court held that a departure order was unlawful as a violation of the principle of proportionality and a deviation from and abuse of discretion, and revoked the disposition (Suwon District Court, Judgment of May 8, 2024, 2023Gudan2290).
By contrast, the mere existence of domestic life ties alone is unlikely to establish deviation from or abuse of discretion (Daegu District Court, Judgment of May 20, 2022, 2021Gudan12195), and where additional violations such as illegal employment are present, obtaining a remedy becomes considerably more difficult (Daegu District Court, Judgment of Nov. 13, 2024, 2024Gudan11131).
5. Practical Considerations
A. Strategic Use of an Express Willingness to Depart Voluntarily
Even where a foreign national is subject to deportation, expressing a willingness to depart voluntarily increases the likelihood of receiving a departure order rather than a deportation order, and may also shorten the entry ban period (Suwon District Court, Judgment of Feb. 2, 2024, 2023Gudan4777; Seoul Administrative Court, Judgment of Apr. 15, 2022, 2021Gudan77152).
B. Authenticity of Financial Capacity Documentation
Submitting falsified or altered financial capacity documents in connection with an extension application may result not only in a deportation order but also in criminal punishment for violation of the Immigration Act, and must be strictly avoided (Daejeon District Court, Judgment of Nov. 9, 2023, 2023Gudan202497; Seoul Northern District Court, Judgment of July 25, 2024, 2024Gojeong328).
C. Limits on Foreign Nationals’ Right of Entry and Stay
Korea is under no obligation to admit foreign nationals into its territory, and under international law, the right of foreign nationals to enter a country does not fall within the category of rights protected by the minimum standard of international law. Accordingly, when seeking a remedy, it is realistic to focus on deviation from or abuse of discretion — in particular, violations of the principle of proportionality — rather than attempting to assert a right of entry or stay.
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