Legal Q and A

A refusal is not always the end of the road, but the time to act is short, and the first step is to identify exactly which decision you have received. Immigration decisions look similar on paper, yet each one has its own route and its own deadline. Missing a deadline, or staying past a departure date, can turn a solvable problem into a much bigger one.

First, identify the decision

Read the notice carefully. It states the decision, the legal basis and usually the reason. The reason tells you what evidence would change the outcome.

Option 1: reapply with better evidence

Many refusals are based on missing or weak documents: income below the required level, a gap in employment, unclear accommodation, or an unexplained record. If the reason can be fixed, a new application with complete evidence is often the fastest solution. This has to be done before your permitted stay or departure date runs out.

Option 2: administrative appeal or lawsuit

If you believe the decision itself is wrong, for example because immigration misunderstood the facts or ignored strong humanitarian reasons, you can challenge it.

An administrative appeal (행정심판) must be filed within 90 days of learning of the decision (Administrative Appeals Act, Article 27). An administrative lawsuit (행정소송) must also be filed within 90 days of learning of the decision (Administrative Litigation Act, Article 20). An appeal is quicker and costs less. A lawsuit takes longer but is decided by a judge.

One point is easy to miss: filing an appeal or lawsuit does not by itself stop the departure date. To be allowed to stay while the case is decided, you usually need to apply at the same time for a stay of execution (집행정지). Without it, you may have to leave Korea while your own case is still pending.

If you receive a deportation order

A deportation order has a much shorter deadline. You can file an objection with the Minister of Justice within 7 days of receiving the order (Immigration Act, Article 60). Immigration can also place a person in protection (보호), which is a form of detention, while a deportation is carried out. A lawsuit against the order, with an application for a stay of execution, is possible in parallel.

What counts in your favour

Immigration and the courts weigh the reason for the decision against your circumstances. Evidence you can prepare now:

Documents to gather
· The decision notice itself and your original application
· Employment contract, pay records and tax records
· Lease or ownership documents for your home in Korea
· Family ties: spouse, children, their schools and visa status
· For a record-related refusal: court documents showing the outcome and that any penalty was completed
· Anything showing the reason given in the notice is wrong or has been fixed

Do not stay past the departure date

If you stay beyond the date you were given without permission, you become an overstayer. That can lead to fines, a deportation order and a ban on returning to Korea, and it weakens every later application. If your case needs more time, deal with it through a stay of execution or a formal request to immigration before the date passes.

Speak with a lawyer about your situation

Call 1533-7377 or request a consultation at daehanlaw.com/en/reservation.

After you apply, a consultation manager calls you back and explains the consultation fee. Consultations can be held in English, Chinese, Japanese, Russian, Vietnamese or Uzbek, or with an interpreter.

Laws referred to

Immigration Act (출입국관리법) Articles 25, 46, 59, 60, 63 and 68; Administrative Appeals Act (행정심판법) Articles 27 and 30; Administrative Litigation Act (행정소송법) Articles 20 and 23

Frequently asked questions

Can I work while my appeal or lawsuit is pending?

It depends on your status at that time. Once your permitted stay has ended, working without permission is a separate violation. Ask whether a stay of execution or a temporary permission covers work in your situation before continuing.

I was refused because of a small fine from years ago. Is that fair?

Immigration may consider past records, but the decision must still be proportionate. The age and seriousness of the record, and your life in Korea since then, are relevant arguments on a reapplication or appeal.

I am outside Korea and my visa application was refused. Can I appeal?

Challenging a visa refusal from abroad is much more limited than challenging decisions about a stay inside Korea. In many cases, reapplying with better evidence is the practical route. Get advice on your specific situation.

Daehanjoongang Law Firm | Haeundae Office

Managing Attorney Han Byung-chul

7F Raon J Building, 554 Haeundae-ro, Haeundae-gu, Busan 48093

Phone: 1533-7377 | Email: hanbyungchul@naver.com

This article is general information about Korean law, not legal advice. The outcome of any matter depends on its own facts. Consultations are paid.

This article was drafted with the help of AI tools. Last updated 2026-09-23.