When voices rise during a drinking gathering and emotions boil over, even conduct you thought was no more than a light touch can often lead to a police investigation for assault.
Even a single act such as tapping or pushing someone’s shoulder can constitute simple assault. And if objects like a glass or a chair are involved, the case may be reclassified as special assault, which carries significantly heavier penalties.
For foreign nationals in particular, assault cases can result not only in criminal punishment and a permanent criminal record, but also in difficulties maintaining visa status depending on the fine or court ruling. In many cases, this ultimately leads to an exit order or deportation.
From the early stages, it is crucial to explore the possibility of reaching an agreement with the victim, and to review visa-related issues alongside the criminal investigation in order to minimize disadvantages.
Simply admitting fault does not resolve the situation. To conclude the matter quickly while protecting both the criminal and immigration aspects, the assistance of a legal representative familiar with both areas is essential.
Contents
1. Simple Assault vs. Special Assault: The Outcomes Are Completely Different
2. Why You Must Review Visa and Stay Issues After an Assault Case Involving a Foreign National
3. A Step-by-Step Look at How to Respond to Assault Cases Involving Foreigners Through Real Examples
4. Assault Cases Involving Foreign Nationals: Your Response Strategy Must Be Different from the Start
1. Simple Assault vs. Special Assault: The Outcomes Are Completely Different
Even if you believe you only pushed someone lightly or made brief physical contact, a police investigation often leads to the case being classified as simple assault.
In such situations, the typical penalty is imprisonment of up to two years or a fine of up to 5 million won. For first-time offenders, cases are often resolved with relatively minor consequences.
However, the assessment can vary greatly depending on the circumstances.
If an object such as a beer bottle, a glass, or even a mobile phone was used, or if two or more people acted together, the case may be elevated to special assault. In these situations, the potential sentence increases significantly—to up to five years of imprisonment or a fine of up to 10 million won.
The real issue is that the consequences don’t end with the criminal process.
When a foreign national is convicted of violence, the conviction remains on record, and the individual may become subject to an immigration “conduct review,” which assesses whether they can maintain their current visa status.
In many real cases, even a single fine has led to forced departure from Korea. This is why it is crucial to pursue a settlement with the victim early on and to obtain a statement of non-punishment when possible.
Especially in cases involving special assault charges, even first-time offenders cannot completely rule out the possibility of receiving a prison sentence. Therefore, it is essential to work with a criminal-law specialist as early as possible to establish a clear response strategy.
2. Why You Must Review Visa and Stay Issues After an Assault Case Involving a Foreign National
For foreign nationals who receive a conviction for an assault offense, it is too early to consider the case over.
Once criminal punishment is finalized, the next step may involve an immigration conduct review by the immigration authorities—a process commonly referred to as a “conduct screening” (사범심사).
This review is especially likely if the fine exceeds 3 million won or if a sentence of detention or imprisonment has been imposed. Cases involving serious charges, such as special assault, are frequently subject to this review.
The key factors examined during the review are clear.
First, whether a settlement has been reached with the victim, and whether the settlement amount was sufficient, is crucial.
In addition, the foreign national must demonstrate concrete reasons for needing to remain in Korea—such as their previous criminal history (if any), length of residence, family support responsibilities, and current economic activity.
The issue is that this process does not conclude simply by claiming unfairness or asking for leniency.
You must thoroughly prepare documents showing your living ties to Korea and the necessity of staying, and you must be able to present a legally persuasive explanation for why you should retain your visa status. Only then can the review outcome be influenced positively.
Ultimately, resolving the criminal matter alone is not enough.
In assault cases involving foreign nationals, strategic preparation for maintaining visa status is just as important as addressing the criminal charges. To manage all of these steps without missing anything, the assistance of a legal representative is essential.
3. A Step-by-Step Look at How to Respond to Assault Cases Involving Foreigners Through Real Examples
The client, a Vietnamese national, became the subject of an assault investigation after grabbing the arm of a Korean customer during an argument at a bar in Seoul.
Although it was an impulsive act that occurred while drinking—and the client admitted to it—the presence of CCTV footage and witness statements led the authorities to proceed with the investigation, and the case was eventually forwarded to the prosecution.
Because the client was not comfortable communicating in Korean, he struggled not only to explain the circumstances of the incident but also to communicate with and persuade the victim. After learning that the case might not end with a simple fine—and that it could result in a criminal record and directly affect his visa status—he sought legal assistance and began preparing his response.
The legal representative promptly provided the investigators with updates on the client’s position, explained that communication with the victim was underway, and made clear that efforts toward settlement were actively being pursued.
Contact with the victim occurred quickly, and the victim expressed willingness to forgo punishment if certain conditions were met.
Negotiations over settlement followed. Based on the conditions proposed by the victim, both parties agreed to draft a settlement agreement that included withdrawal of the complaint, and the entire process was completed within about a week.
All related documents, including the victim’s statement of non-punishment, were formally submitted to the prosecution. A few days after the settlement was finalized, the prosecutor decided not to indict the client, citing the victim’s intention not to seek punishment.
Although the client found it difficult to respond alone due to language barriers and unfamiliar legal procedures, with professional assistance he was able to resolve the case in about two weeks.
As a result, he avoided having a criminal record, and he was able to maintain his visa status in Korea without issue.
4. Assault Cases Involving Foreign Nationals: Your Response Strategy Must Be Different from the Start
As mentioned earlier, assault is classified as either simple assault or special assault depending on factors such as the perpetrator’s intent, the level of harm caused, and whether any objects were used. The applicable penalties vary significantly based on this classification.
For foreign nationals, the matter does not end there. If a fine exceeds a certain threshold or if a sentence of detention or imprisonment is imposed, an immigration conduct review begins separately from the criminal judgment, and the individual must undergo an additional evaluation to determine whether they may maintain their visa status.
At this stage, the most critical factor is whether a settlement has been reached with the victim. A settlement not only helps reduce the level of criminal punishment but also serves as important evidence supporting the necessity of the foreign national’s continued stay in Korea.
A criminal-law specialist guides the process from the initial investigation stage to prevent an unfavorable indictment, while an immigration-law specialist assists with preparing documentation that demonstrates the client’s living ties and necessity of residence during the conduct review.
Assault cases involving foreign nationals cannot be resolved through the criminal procedure alone.
To reach a stable resolution, the criminal process and immigration process must be viewed as one continuous flow and handled strategically from the very beginning.
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