Foreign Traffic Accidents – Is It Easy to Handle Alone Without Help?
Even if someone flees the scene in shock at the moment of the accident, Korea does not treat a foreigner’s hit-and-run as a simple mistake. It is regarded as a serious crime, often leading to both criminal punishment and deportation proceedings. Even if the victim does not wish to pursue punishment, the record of fleeing the scene remains and may negatively affect immigration screening.
Because of this, if the incident is treated merely as a criminal matter, it can still impact one’s residency status. It is therefore necessary to form a strategy that addresses both the criminal and immigration aspects together.
Since traffic accidents can directly affect immigration status depending on their nature and outcome, responding alone can be a heavy burden in reality. If maintaining your visa is also a concern, the most practical solution is to seek guidance from a professional legal representative who can help set the right course of action.
Contents
1. In foreigner-involved traffic accidents, criminal punishment becomes more severe if there is a hit-and-run.
2. For foreigners, immigration procedures are carried out separately after criminal punishment.
3. Foreigner-involved traffic accidents require a response that addresses both criminal and immigration issues together.
4. Case example: After a foreigner-involved traffic accident, despite facing the risk of deportation, the individual succeeded in maintaining residency through a reduced fine.
5. A traffic accident involving a foreigner is not simply concluded with a criminal judgment.
1. In foreigner-involved traffic accidents, criminal punishment becomes more severe if there is a hit-and-run.
Foreign traffic accidents are subject to varying levels of punishment depending on the type of accident, and in particular, cases involving a hit-and-run carry a high likelihood of imprisonment.
In Korea, criminal liability is determined according to the following standards:
- 12 major negligence accidents: Up to 5 years of imprisonment or a fine of up to 20 million KRW
- Hit-and-run after an accident (foreigner hit-and-run): 1 to 15 years of imprisonment, or a fine of up to 30 million KRW
- Hit-and-run after a fatal accident: Life imprisonment or at least 5 years of imprisonment (no fine option available)
Even in the case of a minor collision, if a foreigner’s hit-and-run is recognized, the court may treat it as a serious crime and impose a heavier sentence.
Since the outcome of criminal punishment can lead to deportation review for foreigners, it is crucial to provide a clear explanation of whether or not there was a flight from the scene and the circumstances behind it from the very beginning of the case.
2. For foreigners, immigration procedures are carried out separately after criminal punishment.
When a foreigner receives a criminal judgment for a traffic accident, the conclusion of the criminal penalty does not mean that all procedures are finished. For foreign nationals, even after a conviction is finalized, their residency status is re-reviewed under the Immigration Control Act.
Deportation measures may be considered if any of the following apply:
- A single fine of 3 million KRW or more has been imposed
- The total amount of fines within the last 5 years exceeds 5 million KRW
- A sentence of imprisonment (or higher) has been imposed
In serious cases such as foreigner hit-and-run, the Immigration Office often determines that it is difficult to maintain residency status. Separate from the criminal trial, there are real cases where deportation orders or entry bans have been imposed.
3. Foreigner-involved traffic accidents require a response that addresses both criminal and immigration issues together.
Among traffic accidents, cases of foreigner hit-and-run are not concluded merely with a criminal trial. Even after a criminal sentence is handed down, a separate review is conducted to determine whether deportation will be enforced, which is why it is necessary to have a strategy that considers the entire process from the very beginning of the case.
In this process, the following issues must be reviewed together:
- How a settlement with the victim may affect residency status
- Whether it can be proven that the offender was a first-time offender or that the situation was unavoidable
- Whether the criminal proceedings and immigration response can be coordinated simultaneously
Because these factors are closely intertwined, those who try to handle the case alone without experience may find themselves deported even after paying a fine.
To protect the client’s residency status, legal representatives manage both the interactions with investigative authorities and the immigration procedures while handling the case.
4. Case example: After a foreigner-involved traffic accident, despite facing the risk of deportation, the individual succeeded in maintaining residency through a reduced fine.
The client, a Canadian national residing and working in Korea, was involved in a traffic accident on the way home from work. He entered an intersection without noticing a signal change and collided with a pedestrian who was jaywalking.
The victim suffered a fracture, and the client was booked for a foreigner-involved traffic accident. At the same time, he was notified that the case could also fall under a violation of the Immigration Control Act. In particular, the fact that he did not immediately stop after the accident but left the scene became a problem, leading to an investigation for foreigner hit-and-run. If a fine of over 3 million KRW were imposed, deportation proceedings could have followed.
With the assistance of a legal representative, the client promptly reached an amicable settlement with the victim. The victim clearly expressed their intention not to seek punishment, and a statement of non-punishment was submitted to the court.
In addition, the court was presented with detailed explanations highlighting that the client had been living in Korea diligently while working, was sincerely remorseful about the incident, and that deportation would cause severe disruption to his livelihood and family ties.
As a result, the court reduced the fine to 2.5 million KRW, and the client was able to avoid deportation proceedings that might have accompanied the criminal penalty, allowing him to continue residing in Korea.
5. A traffic accident involving a foreigner is not simply concluded with a criminal judgment.
In foreigner-involved traffic accidents, especially in cases with elements of hit-and-run, the matter may proceed to a deportation review even after the criminal punishment has been completed. Depending on how the case is handled, the outcome can vary significantly. Therefore, it is important not only to reduce the amount of the fine but also to establish an overall strategy aimed at maintaining residency status.
Criminal traffic accident cases are directly handled by a criminal law specialist certified by the Korean Bar Association, while immigration matters are managed and coordinated by a legal representative with hands-on experience at the Immigration Office.
Rather than treating criminal and immigration issues separately, it is crucial to prepare for both in an integrated manner from the very beginning of the case.
If you are facing a situation where deportation is a real concern, do not rely on your own judgment—seek professional legal assistance right away.
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