How to File an Administrative Appeal and Apply for a Stay of Execution Against a Departure Order — The 90-Day Deadline and Supporting Materials

Procedure

1. 1. Check the disposition notice and the deadlines

   Check the departure deadline written on the departure order, conditions such as a restriction on residence, and whether a performance bond has been deposited. An administrative appeal is filed within 90 days from the date you become aware of the disposition and within 180 days from the date of the disposition. If you have received a deportation order, you can file an objection within 7 days from the date you receive the order.

2. 2. Draft the written request for administrative appeal

   Write separately on whether the grounds for the disposition differ from the facts and whether the disposition is excessively heavy compared with similar cases. State your length of stay, family relations, study or business situation and what you did to put things right after the violation, and set out your argument on whether the authority deviated from or abused its discretion.

3. 3. Apply for a stay of execution

   Filing an administrative appeal does not stop the execution of the disposition. Apply for a stay of execution at the same time, stating specifically that leaving Korea would cause damage that is difficult to recover from. Show the damage with materials, such as studies close to graduation, supporting family in Korea, an illness under treatment or a business in operation.

4. 4. Organize the supporting materials

   Gather certificates of enrollment and academic records, family relation documents, medical certificates, business registration and sales records, and materials on compensation for damage or volunteer work. If a criminal fine is the cause of the disposition, also prepare the written judgment and the confirmation of payment.

5. 5. Submit and supplement

   Submit the written request and the application for a stay of execution to the administrative appeals commission, and when the written answer of the disposition authority arrives, submit your rebuttal as a supplementary written statement. If a decision on the stay of execution is issued, check in the written decision whether you are released from the departure deadline until the ruling.

Required documents

• Departure order (or notice of denial of extension of the period of stay, or deportation order)
• Passport and residence card (residence card)
• Written request for administrative appeal and application for a stay of execution
• Evidence of family relations, school enrollment, employment or business
• Health-related materials such as a medical certificate (if applicable)
• Materials on the cause of the disposition, such as the written judgment and confirmation of payment of the fine
• Letter of reflection, and materials on compensation for damage and volunteer work

Fees

In the industry, fees for preparing and filing the written request for administrative appeal and the application for a stay of execution start from around several hundred thousand won and vary with the grounds for the disposition and the scope of the supporting materials. We will advise you of the fee after reviewing the disposition notice in a consultation.

See fees and official charges for this service →

Legal basis and review date

• Immigration Act, Article 68
• Immigration Act, Article 60
• Administrative Appeals Act, Article 27
• Administrative Appeals Act, Article 30

Checked against the statutes on 2026-10-03

Statutes and public notices change, so each case needs to be checked individually. Statute titles are given in English for reference. The Korean statutes are the authoritative text.

Check these first

• The departure deadline comes before the administrative appeal deadline. When you receive a departure order, do not wait out the 90 days; prepare the stay of execution first.

Frequently asked questions