How should one respond when facing deportation after a foreign criminal review?

  If you wish to continue residing in Korea, you must respond strategically to a deportation order.   The foreign offender review is a “residency qualification review procedure separately conducted under the Immigration Control Act, even after a criminal trial.” It does not merely check criminal records but administratively determines whether the foreigner can maintain residency.   Depending on the outcome of the review, it may lead to cancellation of residency status, refusal of visa renewal, an order to leave the country, or even a deportation order. Once such a decision is finalized, re-entry into Korea may become impossible in the future.   The conclusion of a criminal trial does not mean that all risks have ended. Therefore, from the stage of the offender review, legal responses must be systematically prepared.   At this stage, obtaining assistance from a legal representative can serve as a key strategy to maintaining residency status and preventing deportation.    

Contents

 

1. When does one become subject to a foreign offender review?

 

2. How should one respond to a foreign offender review?

 

3. Case: After criminal punishment, faced with an offender review but preserved residency status through an administrative lawsuit

 

4. An offender review is not a simple procedure.

   

1. When does one become subject to a foreign offender review?

  A foreign offender review does not apply uniformly to every criminal case, but if the following conditions are met, there is a high likelihood of being classified as a subject of review.   01: In principle, foreigners with a confirmed criminal conviction are included in the scope of offender review. Fines are no exception, and especially in cases that are socially sensitive—such as drug-related crimes, assault or battery, drunk driving, and sex-related offenses—the likelihood of becoming subject to review is high regardless of the severity of the punishment.   02: Even if the case was closed with a suspension of indictment or a summary order, one may still be subject to review. If a case record exists, even without a formal trial, the appropriateness of residency can still be reassessed.   03: One cannot feel secure even after criminal punishment has ended. Regardless of whether the sentence is finalized, foreigners attempting to extend residency after release, or those still undergoing trial, may be subject to review. In addition, beyond simple criminal records, the final determination of subject status is made through a comprehensive evaluation of factors such as family composition, employment status, and overall history of residence in Korea.   The offender review is not a simple examination of criminal history but a procedure to determine the overall possibility of maintaining residency in Korea. If one fails to sufficiently present their case during this stage, it may lead to cancellation of residency or even deportation.    

2. How should one respond to a foreign offender review?

  If a foreign offender review results in cancellation of residency permission or a deportation order, the first priority is to understand the available procedures for response.   There are two main options.   The first is an appeal, which must be filed within 7 days from the date of the decision. The second is an administrative lawsuit, which must be filed within 90 days from the date you became aware of the decision.   An appeal is a procedure to request the immigration office to reconsider its decision. However, unless detailed materials and explanations are submitted—such as the background of the case, reasons for staying, and evidence of family or employment ties—it is difficult for the appeal to be accepted.   If the appeal is dismissed, or if the deadline for departure is imminent, the case should be brought before the administrative court, directly contesting the legality of the decision. At this stage, it is not enough to provide emotional statements; one must organize the purpose of residence, interpret the contents of the judgment, and construct persuasive arguments based on relevant laws.   Since this matter involves both criminal and immigration procedures, obtaining assistance from an expert who can understand and prepare for both processes together can provide practical support.    

3. Case: After criminal punishment, faced with an offender review but preserved residency status through an administrative lawsuit

  Mr. A, a Turkish national, drank alcohol with an acquaintance and then drove a motorized bicycle, during which he slipped on the road and had an accident. A citizen who witnessed the incident reported it, and the police arrived at the scene. His blood alcohol concentration at the time was 0.071%, and it was later confirmed that he had also been driving without a license and without mandatory insurance. As a result, he received a summary order of a 5 million KRW fine.   Because of this case, Mr. A became subject to a foreign offender review and, without any separate opportunity to present his case, was issued a departure order equivalent to deportation. He attempted to proceed with an administrative appeal on his own, but it was not accepted. Ultimately, he sought expert assistance at the stage of administrative litigation.   During the litigation, evidence was submitted comprehensively, including Mr. A’s residence history, the circumstances of the violation, and the fact that no direct harm had been caused to others. The court ruled that the immigration authority’s decision was excessive and unjustified, and therefore canceled the departure order.   As a result, although Mr. A was designated for deportation due to the foreign offender review, he succeeded in maintaining his residency status in Korea with the help of a legal representative.    

4. An offender review is not a simple procedure.

  Even after a criminal case has concluded, issues regarding residency status begin again as a separate procedure.   As mentioned earlier, the foreign offender review is an administrative review procedure conducted under the Immigration Control Act after the criminal trial. In this process, the authorities examine whether the current residency permit can be maintained or whether a deportation order may be issued.   The problem is that this review often provides only a single opportunity. In many cases, the initial statement and supporting documents submitted become the main basis for the decision. However, handling this process alone without legal knowledge is realistically difficult, and if the submitted materials are insufficient or inaccurate, opportunities for further appeal may be limited once the decision is finalized.   Therefore, when responding to a foreign offender review, it is crucial to prepare a strategy from the outset together with an expert who understands both criminal procedure and immigration administration.   Legal representatives with practical experience at immigration offices, as well as those specializing in criminal cases, analyze the case jointly and provide customized responses across the entire process—from the offender review to departure orders and deportation.   The most important strategy in dealing with an offender review is to seize the opportunity from the very beginning and prepare thoroughly.