Short answer. Not necessarily, and you should assume nothing. For foreign nationals the relevant measure is a suspension of departure under Article 29 of the Immigration Control Act, which lets the Minister of Justice stop a foreign national leaving on the same grounds that apply to a departure ban for Korean nationals under Article 4. One of those grounds is expressly that departure is considered inappropriate for the purposes of a criminal investigation. There is also an emergency route under Article 29-2 that operates at the departure gate itself.
What Korean law says
Article 29(1): the Minister of Justice may suspend the departure of a foreign national who falls under any of the grounds in Article 4(1) or Article 4(2). Paragraph 2 applies the procedural provisions on departure bans, with the term departure ban read as suspension of departure.
Article 4(2) is the investigation ground: the Minister may prohibit departure for up to one month where departure is considered inappropriate for the purposes of a criminal investigation, with longer periods for specified categories such as a person whose whereabouts are unknown and whose case has therefore been suspended. Article 4(1) covers, among others, a person whose criminal trial is pending and a person whose custodial sentence has not been fully executed.
Article 29-2 adds emergency suspension of departure: where a foreign national is a criminal suspect falling within Article 4-6(1), an investigating agency may ask the immigration officer conducting departure screening to stop the departure. Article 4-6(1) requires substantial reason to suspect an offence punishable by death, life imprisonment or a maximum of three years or more, plus a risk of evidence being destroyed or of flight, plus urgency. Under Article 4-6(3) the investigating agency must seek the Minister’s approval within six hours of making that request.
Immigration Control Act, Articles 4, 4-6, 29 and 29-2. Act No. 20992, in force from 23 January 2026.
What usually happens in practice
The measure is not always announced in advance, and people commonly discover it at the airport. If you are under investigation and have any reason to travel, the safe course is to establish your status before you book, not before you board.
The six-hour approval requirement in the emergency route is worth knowing. It exists as a check on a measure taken without prior ministerial approval, and where the procedure was not followed that is a point that can be taken.
Leaving Korea also does not end an investigation. It can convert a manageable case into one where flight risk is assumed, which affects detention decisions later.
What you should do next
- Check your status before booking travel, not at check-in.
- If you must travel, tell the investigating officer in advance rather than leaving silently.
- If you are stopped at departure, ask on what basis and note the time.
- Take advice before deciding to stay away. Absence usually makes the case harder, not easier.
Related
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How a criminal charge affects your visa in Korea
Criminal defence lawyer in Korea
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All Korean law answers
Full guide: Deportation and re-entry in Korea
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Written and reviewed by Soobin You, Attorney at YUSU Lawfirm. Former prosecutor. Last legal review: 12 September 2026.