Punishment for Foreigners — It Doesn’t End When the Criminal Process Ends.
“I only pushed the person lightly… I never imagined they’d talk about deportation.”
Mr. S, a Vietnamese national, got into an argument at a restaurant in Seoul and ended up pushing the other person.
What seemed like a minor altercation turned into an assault case involving a foreigner.
During the police investigation, the other party complained of arm pain, and the charge was elevated to assault causing injury.
Because Mr. S had been holding a glass at the time, aggravated assault by a foreigner was even mentioned.
What Mr. S thought would end with a simple criminal punishment for a foreigner expanded into a disciplinary review by the Immigration Office.
He was notified that his residence status might be revoked and faced severe confusion and stress.
As shown in this case, even minor physical contact can lead to far more serious consequences for foreign nationals.
That’s why it’s crucial from the very beginning to receive help from professionals who can handle both criminal defense and immigration issues at the same time.
Contents
1. Assault by a Foreigner — How Severe Can the Punishment Be?
2. Assault Cases Involving Foreigners — Criminal Disposition Is Not the End.
3. Aggravated Assault by a Foreigner — A Real Case Example.
4. In Conclusion: Foreign Assault Cases — You Must Be Prepared for Possible Residency Risks.
1. Assault by a Foreigner — How Severe Can the Punishment Be?
Not everyone receives the same punishment just because they hit someone.
The exact charge — and the resulting sentence — depends on several factors: whether the other person was injured, whether a weapon was used, and whether the act was done alone or with others.
Simple assault applies when there was only physical contact, such as a scuffle.
Assault causing injury applies when the person didn’t intend to cause harm, but the victim was injured as a result.
Inflicting bodily injury applies when there was clear intent to injure and actual harm occurred — this carries the heaviest punishment.
Aggravated assault applies when violence is committed while holding a weapon or a dangerous object, or when multiple people act together.
In particular, aggravated assault by a foreigner must be handled with extreme care.
If someone is seen throwing a bottle or threatening with a solid object like a chair, it may be classified as aggravated assault by a foreigner rather than simple assault — and imprisonment, not just a fine, becomes a real possibility.
The bigger issue is that foreign assault cases don’t end with criminal punishment.
Once a conviction is recorded, the Immigration Office reviews the individual’s residency status again, and depending on the case, it can lead to deportation.
Therefore, without proper early action, what began as a minor altercation can quickly escalate into a residency crisis.
2. Assault Cases Involving Foreigners — Criminal Disposition Is Not the End.
When a foreign national is convicted of a violent offense, the details of the conviction are reported to the immigration authorities and reflected in the review of their residence status.
In particular, cases that emphasize violence — such as aggravated assault by a foreigner — are highly likely to result in additional administrative action under the Immigration Control Act, even after the criminal proceedings are over.
If any of the following conditions apply, a deportation order may be issued immediately without a separate opportunity for explanation:
- A single case results in a fine of 3 million KRW or more
- The total amount of fines exceeds 5 million KRW within the past five years
- The victim sustained serious injury, or intentional violence is clearly established
If the authorities determine that the case is serious, the person may be classified as subject to deportation regardless of the amount of punishment.
In such cases, the individual is detained at a protection facility for a certain period and then repatriated to their home country.
This can also result in a ban on re-entry into Korea, severely affecting their long-term residency plans or purposes.
The greater issue is that these measures are usually notified only after the criminal case has concluded.
Therefore, when an aggravated assault by a foreigner case arises, it is crucial to prepare a strategic response that considers both the criminal defense and immigration procedures from the very beginning.
3. Aggravated Assault by a Foreigner — A Real Case Example.
Mr. S, a Vietnamese national living in Seoul, got into an argument with a customer at a nearby table in a restaurant. In a moment of heightened emotion, he pushed the other person’s arm. A witness reported the incident, and Mr. S was charged with assault by a foreigner. Based on the victim’s statement about pain, the police determined it to be a case of assault causing injury and referred it to the prosecution.
During further investigation, it was confirmed that Mr. S had been holding a glass in his hand at the time, leading the authorities to also consider the possibility of aggravated assault by a foreigner.
Additionally, the Immigration Office notified him that depending on the outcome of the criminal case, his residence status could be revoked, and that he might become subject to disciplinary review for foreign nationals.
Recognizing the seriousness of the situation, Mr. S immediately sought help from a criminal law specialist.
Through his attorney’s efforts, he apologized to the victim and reached a settlement that included compensation for medical expenses.
After the withdrawal of the complaint was submitted, the prosecution closed the case with a non-prosecution disposition (no right to indict).
A written explanation and settlement documents were also submitted to the immigration authorities, allowing Mr. S to avoid deportation.
As this case demonstrates, assault cases involving foreigners are directly linked not only to criminal penalties but also to residency issues.
That’s why early and strategic legal response is absolutely crucial.
4. In Conclusion: Foreign Assault Cases — You Must Be Prepared for Possible Residency Risks.
As I’ve emphasized before, when a foreign national residing in Korea is investigated for a violent offense, it is not enough to think only about criminal punishment.
If convicted of assault or aggravated assault by a foreigner, the result is reported to the immigration authorities, and depending on the severity of the case, it can lead to revocation of residence status or deportation proceedings.
The real issue is that most foreign nationals are unaware of these procedures.
Many focus solely on the police investigation in the early stages, only to face serious immigration consequences later.
Moreover, due to language barriers or lack of understanding of the legal system, it’s easy to miss the right moment to respond properly.
Our team includes both a criminal law specialist certified by the Korean Bar Association and a legal representative with hands-on experience at the Immigration Office.
Together, we review each case thoroughly and develop a coordinated strategy — addressing both the criminal defense and the maintenance of the client’s residence status.
If you are currently under investigation for an offense subject to foreign national punishment or have been contacted by the Immigration Office, don’t face it alone — taking the right legal action early is the safest choice.
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!
