As a foreigner traveling overseas, you’re subject to the laws of the country you’re in whether you’re aware of them or not—and breaking those laws, even by mistake, can lead to harsh punishments. While the consequences might not be as severe in South Korea as they are in North Korea, you should still exercise caution and educate yourself on relevant points of South Korean law to keep out of trouble during your travels.

Read on for comprehensive travel advice on customs, local laws, and more in the Republic of Korea.

Local Laws in South Korea Travelers Should Know

Unlike the American court system, the South Korean legal system is an inquisitorial system. This means that instead of the court being an impartial arbitrator and referee to legal proceedings, the court is directly and actively involved in investigating the case.

There are also key differences between American law and South Korean law regarding arrest and detention. You can be held for up to 48 hours without being initially charged, and it’s common for suspects to remain in detention throughout the investigation and trial instead of being released on bail. Because the South Korean legal system and judicial process are very different from the American system, you want to avoid getting into trouble with local authorities or breaking any Korean laws.

Here are some local laws relevant to foreign travelers in South Korea, like where you can and can’t take photos, driving regulations, and drinking restrictions, as well as advice on what to do if you get in trouble with the local authorities.

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Currency

If you’re bringing more than US$10,000 or its equivalent in foreign currency, you’ll need to declare it to South Korean authorities upon entry into the country.

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Passport and Visas

Foreign travelers are required to bring a valid passport and a valid visa or Electronic Travel Authorization (ETA) to enter South Korea. You should bring your passport with you during the day, and leave copies of your passport and visa or ETA in a safe place in case the original documents are misplaced, lost, or stolen. For a stolen passport or visa, contact your country’s nearest Korean embassy.

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Customs and Border Patrol

Travelers are prohibited from bringing weaponry, animal or produce products, pornography, narcotics, counterfeit goods, and subversive materials into the country. If you’re carrying any of these items with you upon entering the country, you’ll need to declare them at customs to avoid fines or legal issues from the Korean authorities.

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Photographs and Video Recordings

One of the best parts of going on a trip is taking photos and videos of sites, attractions, and cool places. But in South Korea, you’ll need to be wary of public photography. Taking pictures of people without their permission is a criminal offense and can come with a five-year jail sentence. Always ask permission before photographing other people and avoid taking pictures in crowded public places. Some temples, shrines, and religious ceremonies may also restrict or prohibit photography.

Additionally, military installations and sensitive government areas should not be photographed, due to reasons of national security.

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Indigenous Sites

Home to the Jeju people, the island of Jeju in the South China Sea has many sacred sites, from shrines to statues of gods (known as dol hareubang). Treat these sites with respect by following any posted signage, being quiet and respectful of others, and not touching or damaging the site in any way.

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Drinking

Going out drinking with friends and colleagues is a popular pastime in South Korea, and the country generally has a heavy drinking culture, so it’s important to maintain your composure and know your limits. The legal drinking age is 19, and excessive public drunkenness or disorderly conduct due to alcohol consumption can result in penalties or legal trouble.

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Smoking and Tobacco

Smoking is prohibited by Korean law in most indoor public spaces, including restaurants, cafes, and bars. Designated smoking areas are available in certain locations, but it’s important to abide by the rules and be mindful of others.

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Drugs and Marijuana

The South Korean government has very strict drug laws, and the possession, use, and trafficking of illegal drugs are all criminal offenses. Even small quantities of drugs can lead to severe penalties, including lengthy prison sentences and heavy fines. It’s crucial to avoid involvement with illegal drugs in South Korea.

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Driving

South Korea drives on the right side of the road, and seatbelts are mandatory for all occupants of a vehicle. Observe traffic laws when driving or crossing the road. Jaywalking is illegal, and pedestrians should use designated crossings to avoid fines.

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LGBTQ+ Travelers

In general, South Korea is a friendly and welcoming place for LGBTQ+ travelers. Similar to heterosexual couples, though, overly affectionate public displays should be avoided, and LGBTQ+ travelers may want to keep a low profile traveling outside major cities where more traditional, conservative views are the norm.

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Wildlife and Animals

It’s prohibited to bring animal products (such as eggs or meat) or plant products (fruits, vegetables, etc.) into South Korea. Animal welfare laws protect the lives of local wildlife and animals, outlawing hurting or killing animals in cruel ways, like poisoning.

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Public Displays of Affection

Public displays of affection aren’t that common in South Korea, as it’s considered tacky or even taboo. While you can hold your partner’s hand and give them hugs and short kisses, keep things light and easy.

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Dress Code

Women should avoid wearing low-cut tops and exposed shoulders in South Korea, although it’s fine to wear shorts and skirts. You’ll notice people dressing less conservatively in major cities, but you should try to cover up and dress conservatively when traveling in rural areas or visiting religious sites.

What Happens If I Break the Law While Visiting South Korea?

For minor offenses, like littering or jaywalking, you’ll likely only get a fine. But for bigger offenses, you risk being arrested, imprisoned, and even deported and forced to leave South Korea immediately.

If you’re arrested in South Korea, contact a lawyer and your country’s embassy or consulate immediately. They should be able to advise you on next steps.

South Korea Extraterritorial Jurisdiction

All South Korean laws apply to foreigners who break the law while in the country. In keeping with the extradition treaty between the US and South Korea, foreign nationals can be extradited to stand trial and face sentencing for offenses committed in South Korea.

Preparing for Your South Korea Trip

Obtaining a visa is an essential part of planning your trip. At Entriva, we can easily and efficiently help you with every aspect of getting a South Korea visa. Start your visa application process.

For more information on other aspects of travel to South Korea, including travel requirements, health and safety, and culture and traditions, visit our South Korea content hub.