If a foreign national is investigated on suspicion of a hit-and-run, the consequences may extend beyond a simple criminal penalty.
As soon as the case is filed, a review for visa violations (F-4 Visa Violation Review) may also begin, which can lead to procedures that significantly impact their residency status.
Moreover, due to language barriers or unfamiliarity with the legal system, communicating with investigative authorities or preparing the necessary documents can be a major burden.
In cases like this, the longer the foreign national hit-and-run case goes on, the more difficult it becomes to mount a proper defense. That’s why it’s crucial to have a response strategy in place from the early stages of the case—one that addresses both the criminal proceedings and immigration issues.
In particular, receiving assistance from a legal representative who is experienced in foreigner-related traffic accidents can help in formulating a practical defense strategy that considers both criminal penalties and residency matters.
Contents
1. Foreign national's hit-and-run, consequences may be heavy then expected
2. Traffic accident charge, what should we prepare first?
3. Why do we need an assistance from legal attorney?
4. Final words
1. Foreign national's hit-and-run, consequences may be heavy then expected
Ignoring a traffic accident involving a foreign national can have consequences far more serious than one might expect.
If a foreigner is prosecuted on suspicion of a hit-and-run,
A. the Road Traffic Act will generally apply, and
B. if the victim is injured or loses their life, the Act on the Aggravated Punishment of Specific Crimes may also be applied, leading to even harsher penalties.
According to this law:
In cases where a life is lost, the offender may be sentenced to life imprisonment or a minimum of 5 years in prison.
If the offender leaves the scene after causing injury, the punishment can be imprisonment for at least 1 year or a fine ranging from 5 million to 30 million KRW.
For foreign nationals, once the fine exceeds 3 million KRW, they may become subject to the F-4 Visa Violation Review process.
Depending on the seriousness of the case or the risk of reoffending, administrative measures such as visa extension denial, departure orders, or even entry bans may be considered.
Therefore, it’s important not to focus solely on reducing the criminal sentence in a foreigner-involved traffic accident. A strategic approach that takes into account both criminal penalties and the immigration process that follows is essential.
It must not be overlooked that the consequences after a final verdict may go beyond simple imprisonment or fines—they can directly affect the individual’s ability to reside in Korea.
2. Traffic accident charge, what should we prepare first?
To set things right, a clear strategy must be in place from the very beginning.
When being investigated for suspicion of a hit-and-run as a foreign national, simply explaining the facts is often not enough.
Regardless of the level of punishment, the case can lead to an F-4 Visa Violation Review, so it’s crucial to set the right direction from the early stages of the investigation.
A. Reaching a settlement with the victim is the top priority.
One of the most influential factors in determining the severity of punishment is the victim’s stance.
Based on the circumstances of the accident and the possibility of compensating the victim, reaching an amicable settlement and obtaining a letter of non-punishment can be extremely helpful.
This document often has a positive effect in reducing the sentence during trial.
B. The explanation of the escape must be specific.
It's important to clearly explain whether it was a simple misjudgment or if there were unavoidable circumstances for leaving the scene.
In particular, whether the act was intentional plays a major role in the court’s sentencing decision, so it should be thoroughly prepared in advance.
C. Prepare for immigration procedures in advance.
Even after the criminal proceedings related to the foreign national traffic accident are concluded, the Immigration Office may conduct a separate F-4 Visa Violation Review.
In such cases, factors like the seriousness of the incident, the risk of future issues, and the appropriateness of continued stay in Korea are comprehensively reviewed to decide on departure orders or forced deportation.
Therefore, instead of focusing solely on the investigation or trial, it is essential to simultaneously prepare materials and written statements for the visa review. This dual-track approach increases the chances of achieving a more stable outcome.
3. Why do we need an assistance from legal attorney?
What changes the outcome isn’t the punishment — it’s a well-prepared response.
Being involved in a foreign national hit-and-run case doesn't mean that everything is resolved once the criminal trial is over.
In reality, regardless of the trial’s outcome, the Immigration Office makes its own independent decisions, which is why a multi-faceted response strategy is essential, not a one-sided approach.
A legal representative with direct experience handling foreigner-involved hit-and-run cases will:
A. Work with you from the investigation stage to determine what statements to make and how to reach a settlement with the victim,
B. Organize supporting materials during the trial to influence sentencing outcomes, and
C. After the case concludes, assist in preparing explanatory documents and written opinions to be submitted to the Immigration Office.
Especially for foreign nationals, visa issues or departure orders can arise regardless of the court’s decision, meaning that simply preparing for the criminal proceedings is not enough.
A more stable outcome is possible when working with a legal representative who has practical experience that includes immigration-related responses.
4. Final words
A criminal law specialist certified by the Korean Bar Association will work with you from the initial investigation through to the trial, helping to determine the right course of action and preparing statements and materials appropriate to the flow of the case.
A legal representative with practical experience in immigration matters can identify factors that may lead to a deportation order in advance and assist in preparing explanatory documents to be submitted to immigration authorities.
Although criminal trials and F-4 Visa Violation Reviews are conducted as separate procedures, in practice, the two are often closely connected.
Taking an integrated approach — responding to both procedures as a connected issue rather than separately — can ultimately lead to a more favorable outcome.
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
Don’t face the legal system alone. Let Majung fight for you!
