When a foreigner residing in South Korea is investigated or faces criminal penalties related to a criminal case, it is often assumed that the process will simply end with the payment of a fine.
However, in reality, after a criminal penalty is imposed, additional reviews or measures may be taken during immigration procedures.
For example, if the fine exceeds a certain amount or if there is a history of previous penalties, visa renewal may be denied or extending the stay in the country may become difficult. These administrative decisions are often communicated after the trial has concluded, making it hard to anticipate the related procedures in advance.
Because immigration-related procedures vary depending on the case, it is advantageous to carefully establish a response strategy from the beginning.
In particular, a legal representative specializing in immigration cases with years of experience can anticipate the link between criminal cases and stay restrictions and propose strategies to prevent problems before they arise.
A response strategy that considers both the criminal case and the immigration status is more reliably designed when prepared together with a legal representative.
Since even seemingly minor incidents can lead to forced deportation of foreigners, it is important to set the right course from the outset.
Contents
1. A criminal penalty alone can trigger immigration screening.
2. What responses are possible when forced deportation is being considered?
3. Why is the assistance of a legal representative necessary in cases of forced deportation of foreigners?
4. Actual case where a reduced fine helped prevent forced deportation.
5. Final words
1. A criminal penalty alone can trigger immigration screening.
If a penalty exceeding certain thresholds is imposed, the record may be separately reviewed during immigration procedures.
When a foreigner is convicted in a criminal case, the administrative authorities may conduct a separate process to reconsider whether the individual can continue to stay in the country, depending on the details of the verdict.
Below are typical criteria that can actually have an impact:
If a fine of 3 million KRW or more is imposed: Even a single conviction can trigger administrative review.
If the cumulative fines exceed 5 million KRW within the past 3 years: Accumulated penalties exceeding a certain amount automatically lead to review, which may result in restrictions on visa renewal or re-entry.
If a prison sentence or higher is confirmed: Regardless of whether actual imprisonment is served, this is likely to be considered a ground for disadvantage under immigration regulations.
Immigration-related decisions are made separately from criminal trials, and there are many cases where stay restrictions apply regardless of the court’s judgment.
Therefore, it is important to recognize these criteria early on and establish a response strategy from the initial stage.
2. What responses are possible when forced deportation is being considered?
How you approach the situation strategically can be more important than when you start responding.
If a criminal penalty exceeds certain thresholds, immigration authorities will separately determine whether the foreigner can continue to stay.
If no action is taken during this time, there are cases where visa renewal is denied or a deportation order is issued without change.
The response strategy can vary depending on the details of the case and the person’s immigration status, but the
procedure generally follows steps like the following:
Adjust the criminal penalty to stay below the fine threshold: For example, try to negotiate sentencing so that the fine does not exceed 3 million KRW, which is a criterion for forced deportation.
Submit supporting documents to prove stability of life and remorse: Various materials such as victim agreements, employer confirmations, and character references can be submitted.
Submit a written opinion to the administrative agency: Present a statement summarizing the necessity to stay based on family, livelihood, employment, and other circumstances to influence the decision.
Respond through administrative appeals or lawsuits: If a forced deportation decision has already been made, formal procedures can be used to raise objections.
Decisions regarding forced deportation often proceed on a case-by-case basis without uniform criteria.
Clearly understanding and responding to the necessary measures at each stage can significantly affect the outcome.
3. Why is the assistance of a legal representative necessary in cases of forced deportation of foreigners?
There are many cases where, after a criminal case has ended, immigration screening procedures begin without separate notification, and the individual only learns of this belatedly.
The conclusion of a criminal trial does not mean all related procedures have ended.
Based on the fine amount, prior convictions, and the judgment details, the immigration office may initiate a separate decision-making process.
At this stage, responding only to the criminal case does not automatically guarantee the right to remain in the country.
Responses can be carried out in the following stages:
Preliminary coordination during the criminal stage: It is necessary to adjust the fine amount or prepare sentencing materials so that the judgment does not affect deportation decisions.
Preparing evidence to prove the necessity of stay: Besides the judgment, systematically organize documents showing the legitimacy of the stay, such as family composition, livelihood situation, and proof of employment.
Response after deportation decision: When a deportation order is issued, simply submitting documents may not be enough to overturn it. At this point, a response strategy including objection filings, administrative appeals, or lawsuits is required.
Issues related to forced deportation of foreigners tend to be more complex and less predictable than criminal judgments.
Setting a response strategy early on with a legal representative helps minimize disadvantages.
4. Actual case where a reduced fine helped prevent forced deportation.
The client, an ethnic Korean from China, had been diligently working at their job for over three years. One day, while entering an intersection on the way home from work, they failed to notice the traffic signal and proceeded, resulting in a collision with a pedestrian crossing in a no-crossing zone.
The pedestrian suffered fractures, and the client faced not only criminal penalties but also the possibility of a deportation order under the Immigration Control Act.
The legal representative submitted a petition from the company, work history records, and details of the settlement with the victim. They also explained the potential livelihood hardships and collapse of the client’s living foundation if deported. During the criminal trial, a strategy was employed to adjust the fine so that it would not exceed the deportation threshold, requesting leniency.
As a result, the client was fined 2.5 million KRW and was excluded from the forced deportation list, allowing them to maintain their existing residence status and continue living in Korea.
5. Final words
Forced deportation of foreigners can require different responses depending on the situation.
Even if the legal issues are resolved, the decision regarding continued stay in the country is not made immediately.
When a foreigner receives a fine or imprisonment sentence, the details are forwarded to administrative authorities, who then review whether the individual can remain or must leave the country.
As a result, there are many cases where administrative measures such as visa renewal denial or entry restrictions are imposed.
However, if the cause of the case, the level of penalty, and the current stay situation are thoroughly explained and responded to according to administrative procedures, there is a good possibility to continue living in Korea.
Since these matters involve both criminal judgments and administrative actions, it is difficult to change the outcome by simply submitting documents.
If you want to set and prepare a strategy from the beginning, it is safer to seek assistance from a legal representative.
Unexpected situations especially require prepared responses to change outcomes.
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