“It was just a minor scuffle—how could this lead to deportation?”
There was a recent case in which a foreign national who had lived in Korea for many years became involved in a drinking-related altercation. What began as a simple assault charge eventually escalated into a situation where the individual faced forced deportation.
As this case shows, if the initial response to an assault allegation is mishandled, the situation can quickly spiral in an unfavorable direction. For foreign nationals, matters are even more complicated, as immigration issues—such as visa expiration, restrictions on stay, or denial of visa extension—can arise simultaneously while the investigation or trial is ongoing.
Cases that initially seem likely to end with nothing more than a fine may, depending on how seriously authorities assess the incident, ultimately lead to criminal punishment followed by deportation.
If you are under investigation for assault, it is crucial not to handle the matter alone. Seeking advice from a Seoul-based criminal defense attorney experienced in foreign national cases, who can address both the criminal charge and immigration status together, is a realistic and prudent course of action.
Contents
1. How Was the Foreign National Assault Case Resolved? <Case Study>
2. Assault Cases: The Standards for Punishment Are Not Simple
3. Why Settlement Matters — It’s Not Only About Leniency
4. Police Investigations: A Careless Response Can Turn the Entire Case Against You
5. Advice from a Seoul-Based Foreign Criminal Defense Attorney: What’s Scarier Than Criminal Punishment Is “What Comes Next”
1. How Was the Foreign National Assault Case Resolved? <Case Study>
The client, a Myanmar national residing in Seoul, was accused of assault causing injury after an argument at a bar escalated and he allegedly caused harm while pulling the other person’s arm. As a result, he was charged in a foreign national assault case.
Although the incident initially began as a simple assault, the situation escalated when physical contact at the scene and the victim’s medical report were submitted. The charge was subsequently upgraded to aggravated injury, and the case was forwarded to the prosecution.
Because the client was not fluent in Korean, he was unable to fully explain his position during the investigation. He sought legal assistance out of concern that the case could result in criminal punishment beyond a fine, as well as the possibility of forced deportation.
From the early stages of the investigation, the Seoul-based foreign criminal defense attorney contacted the victim’s side and clearly conveyed the client’s apology and willingness to provide compensation. The victim expressed an intention not to pursue punishment, allowing the withdrawal of the complaint to proceed swiftly.
After confirming the victim’s statement of non-punishment, the prosecution closed the case with a decision of “no right to prosecute.” As a result, the client not only resolved the matter without any criminal penalty but was also able to safely maintain his legal status of stay in Korea.
2. Assault Cases: The Standards for Punishment Are Not Simple
Assault is established when there is physical contact with another person, and it may generally be punished by up to two years’ imprisonment or a fine of up to 5 million KRW.
However, even a small difference in the circumstances at the time of the act can completely change the nature of the case.
For example, if a dangerous object was used, or if multiple people became involved at the scene, the incident may be viewed not as simple assault but as aggravated injury (special injury)—and in such cases, the level of punishment becomes significantly harsher.
It is not only the potential sentence that increases. Immigration authorities may also classify the matter as a serious crime, which can negatively affect the person’s ability to maintain their immigration status.
In practice, there are many cases where even a matter that resulted only in a fine led to a visa extension being denied or a deportation order being issued.
What initially seems like a minor dispute often develops over time into something far more difficult to control. If you are facing an assault allegation as a foreign national, it is essential to first examine carefully how the charge may be classified and respond accordingly.
3. Why Settlement Matters — It’s Not Only About Leniency
In foreign national assault or aggravated injury cases, whether a settlement is reached with the victim is one of the key factors in determining the level of punishment. When the victim formally expresses an intention not to seek criminal punishment, courts tend to give this significant weight during sentencing.
However, in practice, simply stating that a “settlement has been reached” does not always change the outcome. For a settlement to have real mitigating effect, factors such as the appropriateness of the compensation amount, the timing of the settlement, and the specificity and completeness of the written agreement must all be properly satisfied.
Vague or purely formal agreements carry limited weight, and in some cases, the court may independently verify whether the victim’s intent has been genuinely and freely expressed.
If a settlement cannot ultimately be reached, another option is to demonstrate efforts at victim compensation through a court deposit (criminal compensation deposit). Even in the absence of a settlement, this can be recognized by the court as a mitigating factor and serves as a strategic measure.
These steps are not merely tactics to reduce a sentence. In cases that may lead to forced deportation, they function as practical and essential measures to protect the individual’s immigration status.
4. Police Investigations: A Careless Response Can Turn the Entire Case Against You
The police investigation stage is the first and most decisive phase in foreign national assault or aggravated injury cases. In practice, however, foreign nationals who are not fluent in Korean or unfamiliar with legal procedures often end up accepting unfavorable statements without fully understanding their implications.
Point 01.
At this stage, it is crucial to clearly organize the facts of the incident and prepare in advance which points need to be explained. Statements should be structured strategically, and assistance from a qualified interpreter or a Seoul-based foreign criminal defense attorney is essential. When individuals respond on their own, misunderstandings tend to accumulate, and critical details are often omitted.
Point 02.
From this point onward, the case must be approached not only as a criminal matter but also with immigration consequences in mind. Unfavorable statements made during the police investigation can later become a serious issue during visa extensions or residency reviews.
Although a police investigation marks the beginning of a criminal inquiry, it should be recognized as a critical opportunity that can ultimately determine whether a foreign national is able to continue residing in Korea.
5. Advice from a Seoul-Based Foreign Criminal Defense Attorney: What’s Scarier Than Criminal Punishment Is “What Comes Next”
As mentioned earlier, foreign national assault or aggravated injury cases do not end with criminal punishment alone.
Even if a person avoids a fine or imprisonment, the case record is promptly shared with immigration authorities, which may lead to follow-up measures such as visa cancellation, entry restrictions, or forced deportation.
The problem is that many people view immigration procedures as an issue that arises after the criminal case is finished.
In reality, however, an effective response must be prepared much earlier, starting from the initial police investigation. This is because every factor—such as the content of statements, whether a settlement with the victim is reached, and how the charges are classified—can directly affect the individual’s immigration status.
Our Seoul-based foreign criminal defense attorneys go beyond simple criminal defense by providing tailored strategies that take both the criminal process and immigration consequences into account.
If you are about to undergo a police investigation or your case is on the verge of being referred to the prosecution, this may be the most critical moment.
Rather than making decisions on your own, we encourage you to review your specific situation together with a Seoul-based foreign criminal defense attorney.
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
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