Contents
1. Even it was a mistake, It is still an assault.
2. About the sentence of assault caused by foreigners
3. Assault case caused by foreigners could lead to deportation
4. How to respond against deportation caused by assault
5. How to accelerate your response in assault case
1. Even it was a mistake, It is still an assault.
Recently at Majung, there has been a series of consultations from foreign clients concerning deportation due to assault cases involving foreigners. A common theme among these incidents is the claim: “I was drunk and made a mistake.”
These individuals are generally law-abiding citizens, but after consuming alcohol, they lost self-control and committed acts of violence. The severity of the cases varies—from light punches to more serious instances, such as threatening someone with a metal pipe.
In situations where the victim is Korean, they sometimes demand excessive settlement amounts, taking advantage of the foreigner’s precarious immigration status.
One client who contacted Majung hoped to settle the matter for 2 million won, but the other party demanded double that amount—4 million won—leaving the client in a very difficult situation. Ultimately, the client failed to reach a settlement and was referred to the prosecution. They have since sought advice from Majung regarding how to respond to potential deportation.
Today’s post will explore the punishment for assault by foreigners, how foreigners should respond to police investigations, and the steps to deal with forced deportation.
2. About the sentence of assault caused by foreigners
In assault cases involving foreigners, not only are there instances of ordinary assault such as punching, but cases of special assault involving dangerous objects are also frequently observed.
Crime of Special Assault: A criminal offense that is established when a person commits an act of violence against another's body while possessing a dangerous object.
Because a dangerous object that could potentially cause bodily harm was used, the act of assault is subject to aggravated punishment, leading to stricter penalties.
Dangerous objects include firearms, blades, bats, hammers, iron pipes, and any type of weapon capable of posing a threat to a person. If a special assault is committed using such objects, the offender may be sentenced to up to 5 years in prison or fined up to 10 million Korean won.
Punishment Guidelines for Foreigners Committing Special Assault: Imprisonment for up to 5 years or a fine of up to 10 million won. If the offense is habitual, punishment may be increased by up to 50% under the crime of habitual assault.
In the case of foreigners committing special assault:
Point 1: They are subject to up to 5 years’ imprisonment or a fine of up to 10 million won
Point 2: If the assaults were committed habitually, it may fall under the crime of habitual assault, with penalties increased by up to 50%
It’s important to note that if the assault was habitual or committed as part of a group, the punishment could be significantly aggravated.
3. Assault case caused by foreigners could lead to deportation
Meanwhile, when a foreigner is punished for assault, it’s not only criminal penalties that must be considered—immigration consequences must also be taken into account.
In other words, once the criminal process is completed, the individual will inevitably undergo a crime review by the Immigration Office, which requires advance preparation.
If a deportation order is issued during the final crime assessment that determines whether the foreigner may remain in the country, the person will be confined in a foreigner detention center for approximately one month before being sent back to their home country.
Typically, the following are the key factors that lead to a deportation order being issued.
Criteria for Forced Deportation of Foreigners:
- If the individual is fined over 3 million Korean won
- If the total fines exceed 5 million won within a five-year period
However, please be aware that if the assault is significantly severe—such that leniency from the victim cannot be expected—the individual may become subject to immediate deportation regardless of the fine amount.
4. How to respond against deportation caused by assault
3 ways to act in response
1. Respond carefully from the initial police investigation stage
2. Attempt to reach a settlement with the victim
3. Expression of intent to contest a deportation order
Since many foreigners are not fluent in Korean, there is a high chance of causing misunderstandings by speaking carelessly during a police investigation. If someone hastily makes statements in an attempt to prove their innocence, it can lead to significant difficulties in defending themselves later on.
1: If a foreigner is involved in an assault case, the initial response is particularly important.
Especially in the first police investigation involving a foreign suspect, the attitude shown by the suspect often influences the decision of the prosecutor or the court, so extra care must be taken in the initial response.
If you are called in for a police investigation, it is best to immediately appoint a lawyer and attend the investigation together. It is very important not to respond carelessly and to remain calm. As a foreign suspect, you also have the clear right to appoint a lawyer, so exercising your right to remain silent during the police investigation until your legal representative arrives is one useful option.
2: Reaching a settlement with the victim is also considered one of the most prudent ways to handle the situation.
If a settlement is reached with the victim in advance, the likelihood of receiving a reduced punishment significantly increases. Therefore, it is essential to make every effort to contact the victim and work toward a settlement.
If negotiations over the settlement amount go well, the complaint may be withdrawn, allowing the case to be resolved quickly. Even if the case proceeds to trial, the fact that a settlement was reached with the victim can be mentioned in court to increase the possibility of a favorable outcome.
However, when attempting to reach a settlement with the victim, it is very important to calculate an appropriate settlement amount based on a comprehensive assessment of the circumstances of the incident, the severity of the assault, and the extent of the damage.
If the parties attempt to settle without professional assistance, there is a risk that the victim may demand an unreasonable amount. Therefore, it is strongly recommended to proceed with the assistance of an experienced legal expert.
3: You must express your intention to contest a deportation order.
If you find the deportation order unacceptable, you can express your objection through administrative procedures such as filing an objection, requesting temporary release from detention, or filing an administrative lawsuit.
If you are not able to accept the deportation order?
1. File an appeal/objection
2. Application for permission of temporary Release from detention
3. Administrative lawsuit
Objection Filing (Appeal) must be submitted within 7 days from the date of receiving the deportation order. It is advisable to attach relevant evidence that supports why the person cannot accept the order and to explain the unfairness of the situation.
Request for Release from Detention becomes the top priority if the individual is already detained in a foreigner detention center, as being released from custody is of utmost importance.
Since it is difficult to carry out administrative procedures such as filing objections or administrative lawsuits while being confined in a detention center, it is a valid strategy to first pursue release from detention and then actively prepare for legal proceedings afterward.
However, a request for release is based on a promise to leave the country within a specified period, and this typically requires the payment of a performance bond of up to approximately 20 million KRW (about 20,000 USD or less).
If the foreign national fails to keep their promise and escapes, the bond will be forfeited to the state, so this should be taken into careful consideration. (Of course, if the person departs as promised, the bond will be refunded.)
Administrative Litigation must be filed within 90 days from the date of being notified of the deportation order. When filing a lawsuit, it is essential to provide specific grounds to clearly argue the unfairness of the deportation order.
For example, if there were procedural issues during the arrest, or if the individual is a first-time offender and not a repeat offender, or if a settlement has already been reached with the victim and the victim has expressed a desire not to punish, presenting these factors comprehensively will significantly increase the likelihood of a favorable consideration.
5. How to accelerate your response in assault case
When a foreign national residing in Korea becomes involved in a criminal case, they may face significant difficulties due to language barriers, which can prevent them from responding systematically to the situation.
Since police investigations and criminal cases require prompt action, it is essential to seek assistance from a lawyer with expertise in foreigner-related cases in order to resolve the matter quickly and smoothly.
In addition, a foreign national’s criminal record can be treated very seriously by the Immigration Office, and there is a possibility of a deportation order being issued. Therefore, it is advisable to obtain the support of a lawyer experienced in handling foreign nationals' legal matters in order to prepare for the possibility of forced deportation.
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
Don’t face the legal system alone. Let Majung fight for you!
