Practice Areas

Violation of the Resident Registration Act

A violation of the Resident Registration Act is a serious criminal offense to which strict penalty provisions apply. Because people are often punished for violating the Resident Registration Act, you should retain an attorney experienced in criminal matters at an early stage of the case.

1. Violation of the Resident Registration Act | Concept

The concept of violation of the Resident Registration Act explained by Daeryun Law Firm

A violation of the Resident Registration Act means failing to fulfill the legal obligations set out in the Resident Registration Act regarding registration, reporting, fact-finding investigations, the issuance and use of resident registration cards, and the assignment and change of resident registration numbers, or improperly using these to act contrary to the statute.


A violation of the Resident Registration Act is regarded as a very serious offense, as it undermines the reliability of the resident registration system, which officially manages the status and residence relationships of the citizens of the Republic of Korea.

What Is the Resident Registration Act?

The Resident Registration Act is a statute enacted to clearly ascertain the residence relationships and population movements of the citizens of the Republic of Korea, thereby promoting the convenience of residents' lives and handling administrative affairs appropriately.


Accordingly, it provides for a national management system for residents' personal details and places of residence, including resident registration, move-in reports, the management of resident registration numbers, and the issuance and use of resident registration cards, and a violation of it is punishable under the Resident Registration Act.

2. Violation of the Resident Registration Act | Main Types

Summary of the main types of violation of the Resident Registration Act

The main types of violation of the Resident Registration Act are as follows.

False Reporting

This is the act of falsely reporting resident registration matters or registering false information.

For example, reporting an address where one does not actually reside as one's registered place of residence falls under this category.

Because such conduct undermines trust in the resident registration system, it is strictly punished.

Unlawful Use of a Resident Registration Card

This is the act of unlawfully using another person's resident registration card or lending it to someone else.

Because a resident registration card is an important identification document for verifying one's identity, using it unlawfully is regarded as an offense.

Forgery and Use of a Resident Registration Card

This is the act of forging or altering a resident registration card and then using it.

Using a forged resident registration card to deceive others about one's identity or to take part in official procedures is a serious violation of the law.

Misappropriation and Unlawful Use of a Resident Registration Number

This is the act of using another person's resident registration number without authorization or using it to obtain an improper benefit.

A resident registration number is an individual's unique identifier, and because its misappropriation may not only infringe personal information but also be exploited for various crimes, it is strictly prohibited.

Failure to Fulfill Reporting Obligations

This is the act of failing to make a move-in report, a report of a change of residence, a correction report for resident registration, or the like within the prescribed period, or of reporting contrary to the facts.

The Resident Registration Act provides for reporting obligations to promote accurate management of citizens' residence information and administrative efficiency.

Obstruction of Authority-Initiated Measures on Resident Registration Matters

This is the act of obstructing, without justifiable grounds, administrative measures taken to properly manage resident registration matters, such as fact-finding investigations, corrections on its own authority, or cancellation measures carried out by the head of an administrative agency, such as a mayor, a county governor, or a district office head.

Such obstructive conduct is regarded as a serious unlawful act that hinders resident registration management work.

3. Violation of the Resident Registration Act | Level of Punishment

The levels of punishment imposed for a violation of the Resident Registration Act are as follows.

Violation

Level of Punishment

Creation and use of a false resident registration number

Imprisonment for up to 3 years
or a fine of up to 30 million won

Providing a resident registration card or the like as security for a debt

Double reporting and reporting of false facts

Unlawful use of another person's resident registration card

Leaking resident registration number information for profit

Unlawful inspection of a move-in household confirmation document

Imprisonment for up to 1 year
or a fine of up to 10 million won

Imposition of an Administrative Fine

A violation of the Resident Registration Act may result not only in criminal punishment but also in an administrative fine.


An administrative fine is applied at differing levels according to the severity and type of the violation, within the range set by law, and serves as a preventive measure that encourages citizens to comply with the law.

Nature of the Violation

Description

Maximum Administrative Fine

Submission of false supporting evidence

Submitting false supporting documents related to resident registration

Up to 10 million won

Refusal of or interference with a fact-finding investigation

Refusing or interfering with an administrative investigation without justifiable grounds

Up to 500,000 won

Failure to report or apply within the prescribed period (major items)

Failing to observe the reporting or application period required by law

Up to 100,000 won

Failure to report or apply within the prescribed period (other items)

Failing to observe other reporting or application periods

Up to 50,000 won

Examining the Level of Punishment Through Actual Court Cases

Busan District Court, Judgment of May 31, 2023, No. 2023 Go-jeong 74

The defendant was an international student of Vietnamese nationality who served as a cash collector for a voice phishing organization.

He entered names and resident registration numbers received from the organization's members into automated machines to make wireless transfers, and he transferred money a total of 15 times.

As a result, the defendant was found to have committed a violation of the Resident Registration Act on the charge of improperly using the resident registration numbers of 15 individuals, and a fine of 3 million won was imposed.

Chuncheon District Court, Judgment of September 15, 2021, No. 2021 Go-jeong 61

When the defendant filed a move-in report after relocating his residence, he reported a friend as the head of household even though he himself was in fact the head of household.

The friend did not actually reside at the address, but the defendant listed the friend, a co-owner, as the head of household because of a vehicle tax issue.

The defendant then reported himself as a household member and entered false information in the resident registration, and
as a result a charge of violating the Resident Registration Act was recognized, and a fine of 1 million won was imposed.

4. Violation of the Resident Registration Act | How to Respond

Summary of how to respond to a violation of the Resident Registration Act

A case involving a violation of the Resident Registration Act is treated as serious under the law even when it results from a simple mistake, and an actual custodial sentence may be imposed even on a first-time offender, so an early response is important.

How Can You Obtain a Reduction of Sentence?

If you have been indicted for a violation of the Resident Registration Act, several factors are important in obtaining a reduction of sentence.

First, it is necessary to show an attitude of sincerely reflecting on the violation and honestly acknowledging it.

For a first-time offender, the sentence may be reduced because the risk of reoffending is judged to be low.

In addition, making efforts to promptly file a correction or to carry out the relevant procedures in order to minimize the administrative harm caused by a false report can act as a mitigating factor.

Social and personal circumstances such as the individual's health, financial hardship, and family situation are also factors that the court considers in deciding on a reduction of sentence.

If You Need Professional Assistance

Daeryun Law Firm has many criminal attorneys, and from the early stage of a case it handles everything from establishing the facts and gathering evidence to developing a strategy for responding to the investigation.


In addition, if detention through investigation is anticipated, the firm directly manages the review of the warrant, the request for bail, visits, and the development of the defense strategy, placing the protection of the client's interests first.


The firm responds accurately and promptly once a case is entrusted, providing a strategy to defend against an actual custodial sentence with the aim of a non-prosecution disposition, a suspended sentence, or a reduction to a fine.

If you need a legal response to a case involving a violation of the Resident Registration Act, please request the assistance of a criminal attorney at Daeryun Law Firm.

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