Suspended sentence for Chinese national who stayed in Korea after the permitted stay period ended

Who this helps

This may help people curious about the criminal ruling in a case where a foreign national on a short-term business visa stayed after the permitted period ended.

Case overview

Case number

2015고단2780

Court

Ulsan District Court

Posted on original board

Dec 2, 2015 (Wed)

Topic

Criminal Cases

Original title (Korean)

2015고단2780 출입국관리법위반

The defendant, a Chinese national, entered Korea on a short-term business visa with a 90-day stay period. The defendant was tried for violating the Immigration Act on the grounds of continuing to stay in Korea, including Ulsan and Daegu, even after the stay period had ended.

What happens in a criminal trial when someone stays in Korea after the permitted stay ends?

The defendant was a Chinese national who entered Korea on a short-term business visa with a 90-day stay. The defendant was tried under the Immigration Act for continuing to stay in Korea, including Ulsan and Daegu, after the period ended. The court sentenced the defendant to 6 months in prison, suspended for 2 years.

How the court ruled

The court sentenced the defendant to 6 months in prison, suspended for 2 years.

What to check in a similar situation

Procedures on stay periods and status can be checked with immigration and foreigner offices, and the progress of a criminal trial can be checked with the relevant court.

• Find support centers
• Emergency phone numbers
• Contacts: Korea Legal Aid Corporation 132

Terms explained

Short-term business visa

A visa used to enter Korea for business purposes for a short time. In this case it came with a set stay period.

Suspended sentence

A sentence is handed down, but carrying it out is put on hold for a set period.

Immigration Act violation

Breaking the law on foreigners' entry and stay. Here, the issue was staying after the permitted period ended.

More rulings on this topic

• Ruling sentencing a defendant to 1 year in prison for illegal entry, illegal stay and aiding another person's illegal entry · Busan District Court
• Students' submission of bank balance certificate found to be an application by improper means · Seoul Eastern District Court
• Court upholds departure order for foreign national fined for drunk driving · Daegu District Court

See all 28 rulings on Criminal Cases →

Frequently asked questions

Who was tried in this case?

A Chinese national was tried. The person had entered Korea on a short-term business visa with a 90-day stay.

How did the court rule?

The court sentenced the defendant to 6 months in prison, suspended for 2 years.

Does this result apply as is to similar cases?

No. It is the court's decision in this case and does not apply as is to other cases.