As the number of foreign residents in South Korea continues to grow, incidents and accidents involving foreigners are also increasing. Among these, foreigner-related sexual crimes and sexual harassment cases are steadily rising.
Sexual crimes are serious offenses that are absolutely unacceptable to anyone.
South Korea applies very strict laws regarding sexual crimes, emphasizing that even foreigners are subject to strong punishments without exception.
In particular, foreigners involved in sexual crimes or sexual harassment often receive heavy fines, and beyond criminal penalties, they may also face deportation orders.
Even if the sexual harassment was unintentional, there are no exceptions.
In today’s post, we will explore the types of penalties foreigners face when involved in sexual crimes, how to respond to such cases, and what disadvantages they may face regarding their residency status if implicated in such incidents.
Contents
1. Punishment for Sexual Harassment by Foreigners
2. Factors That Can Influence Sentence Reduction for Foreigners Accused of Sexual Harassment
3. If Falsely Accused: Police Investigation Response and Defense Strategy
4. Final Words
1. Punishment for Sexual Harassment by Foreigners
Even if the offender is a foreigner, sexual harassment and indecent assault are absolutely unacceptable and are strictly punished under South Korean law.
1.
Forcible Indecency (Criminal Act Article 298): Imprisonment for not more than 10 years or a fine of not more than 15 million KRW.
2.
Sexual Harassment of a Minor (Article 7 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes): Imprisonment for at least 10 years or life imprisonment, with no option for a fine.
According to Article 298 of the Korean Criminal Act, indecent assault is punishable by imprisonment for up to 10 years or a fine of up to 15 million KRW.
Under Article 7 of the Act on Special Cases Concerning the Punishment of Sexual Crimes, sexual assault against a minor is punishable by a minimum of 10 years in prison or life imprisonment, with no option for a fine.
Even if a foreigner is only fined after being found guilty of sexual harassment, additional measures such as visa cancellation or restrictions on re-entry may still be imposed. If sentenced to imprisonment, there is a high likelihood that a deportation order will follow.
Moreover, once a criminal record is established, it may limit the individual's ability to extend their visa or re-enter South Korea.
As such, foreign nationals involved in sexual crimes may face not only criminal penalties but also serious consequences regarding their immigration status, including visa revocation, deportation, and forced removal from the country.
2. Factors That Can Influence Sentence Reduction for Foreigners Accused of Sexual Harassment
1. Attempt to Reach a Settlement with the Victim
Discussion of compensation to support the victim’s recovery is necessary.
2. Remorse and Acknowledgment of Wrongdoing
Genuine remorse must be shown, and a sincere written statement of reflection should be submitted without excuses.
3. Efforts to Prevent Recurrence
Completion of a sexual violence treatment program, participation in community service, and submission of a written statement of remorse.
It was explained that first and foremost, attempting to reach a settlement with the victim can be considered.
A settlement with the victim is one of the most important factors in reducing punishment in sexual crime cases.
If the victim expresses a desire not to see the offender punished, the case may be dismissed without trial, or the likelihood of receiving a suspended sentence increases.
During the settlement process, it is also important to discuss compensation for the victim's mental and physical suffering. In this process, it may be effective to propose an appropriate settlement amount through a lawyer who specializes in representing foreigners.
Next, showing genuine remorse and sincerely reflecting on one's wrongdoing — while emphasizing that this is a first-time offense — may lead to a reduced sentence, such as a fine or a suspended sentence.
At this stage, it’s crucial to acknowledge the victim’s pain without making excuses or shifting responsibility.
However, it was strongly emphasized that this approach should not be abused merely to avoid punishment.
The remorse shown must be sincere, not fabricated, and the offender should deeply reflect on their actions. Submitting a written statement of reflection may also be considered.
Additionally, efforts to prevent reoffending — such as completing a sexual violence treatment program — may contribute to sentence reduction. Activities such as community service and submission of a reflection letter can also be seen as favorable factors.
While such expressions of remorse may improve the chances of a reduced sentence, it does not guarantee leniency. The final decision is based on the specific details and context of the case.
Since criminal cases involving foreigners can lead to deportation, it is especially important to seek the assistance of a lawyer with expertise in foreign criminal defense.
3. If Falsely Accused: Police Investigation Response and Defense Strategy
1.
Securing Evidence
Collect CCTV footage and any relevant evidence, and obtain witness statements.
2.
Hiring a Lawyer
Appoint a lawyer before undergoing police questioning.
3.
Submitting a Petition
Submit a written petition asserting your innocence and unfair treatment.
First, (1) it was emphasized that securing CCTV footage and other evidence is essential to explain and prove one’s innocence in an unfair situation.
If the incident occurred in a location with surveillance cameras, footage should be obtained immediately. Additionally, if there were any witnesses nearby, their statements should be collected to support the claim of innocence.
Next, (2) if you are to be questioned by the police, it is highly recommended to hire a lawyer who specializes in representing foreigners.
Foreigners who are not fluent in Korean or unfamiliar with Korean law are at risk of making unfavorable statements if they attend police questioning alone.
It was advised that consulting with a lawyer before undergoing police investigation is a strategic step to properly defend oneself against any unfair accusations.
Moreover, it was emphasized that foreigners may face stronger pressure during questioning due to their status, and making a false confession under such pressure should be strictly avoided, as it is difficult to retract a confession later.
If multiple statements are made, it’s also important to maintain consistency in your testimony to ensure credibility.
Finally, (3) submitting a petition to the court is another possible course of action.
If the case proceeds to trial, a petition prepared by a lawyer explaining the unjust situation can be submitted. It was explained that such petitions can help the court consider sentence reduction or even a not-guilty verdict.
4. Final Words
Sexual crimes are serious offenses that must never be tolerated under any circumstances.
It is always important to follow the law, and if you become involved in a criminal case, it is crucial to respond quickly from the early stages.
If a wrongdoing has been committed, accepting punishment is only right.
However, if you are sincerely remorseful and regret your actions, don’t hesitate to seek help from Majung Law Firm.
Even in cases where you have been falsely accused, taking proper legal action is essential. Without an appropriate response, you could face severe consequences such as deportation.
Foreign nationals must be especially cautious, as they may face not only criminal penalties but also immigration-related consequences, including revocation of visa status and forced deportation.
That’s why it is extremely important to receive advice from professionals who can address both criminal charges and immigration matters at the same time.
Majung Law Firm specializes in foreigner cases, with a team consisting of a certified criminal defense attorney (by the Korean Bar Association) and a lawyer with experience at the Immigration Office’s Investigation Division, working together to actively defend foreign clients.
If you are a foreigner facing a legal issue or a difficult situation, don’t hesitate to contact Majung Law Firm for a consultation.
Thank you.
Foreign Specialized Support at Majung Foreigner Center
Multilingual consultation available in English and Chinese.
Professional interpreters assist from the first consultation to the conclusion of the case.
Offices in Seoul, Daejeon, Busan, Daegu, and Gwangju
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