A hit-and-run offense involving a foreign national is virtually equivalent to a serious criminal act.
In South Korea, hit-and-run offenses are traffic crimes subject to severe criminal punishment even for Korean nationals. For foreign nationals in particular, legal responsibility is often applied even more strictly.
Regardless of the circumstances of the incident, a hit-and-run committed by a foreign national generally makes it difficult to avoid criminal liability.
Even a single mistake can result in inevitable forced departure from the country.
However, where the driver was genuinely unaware of the accident or lacked intent, there may be room for mitigation. In such cases, early response is critically important.
Hit-and-run cases involving foreign nationals, as well as DUI cases, should never be handled as simple criminal matters alone.
Criminal punishment imposed on foreign nationals can lead directly to departure orders or forced deportation.
For this reason, we strongly recommend seeking assistance from a criminal defense attorney specializing in cases involving foreign nationals—one who can address both criminal defense and deportation risk in an integrated manner.
Contents
1. Penalties and Sentencing for Hit-and-Run Offenses Involving Foreign Nationals
2. The Risk of Forced Deportation in Hit-and-Run Cases Involving Foreign Nationals
3. When a Hit-and-Run Occurs Without Intent
4. Why Early Response Is Critical in Hit-and-Run Cases Involving Foreign Nationals
1. Penalties and Sentencing for Hit-and-Run Offenses Involving Foreign Nationals
Hit-and-run offenses involving foreign nationals are generally classified into two categories: injury cases and fatal cases, each subject to different levels of punishment.
Hit-and-run resulting in injury
– Imprisonment for 1 to 15 years, or
– A fine ranging from KRW 5 million to KRW 30 million
Hit-and-run resulting in death
– Life imprisonment, or
– Imprisonment for 5 years or more
If a driver causes an injury accident and flees the scene, the court may impose a sentence of 1 to 15 years’ imprisonment or a fine between KRW 5 million and KRW 30 million.
If a driver causes a fatal accident and flees, the penalty may be life imprisonment or imprisonment for at least five years. In such cases, mitigation is extremely difficult, and the likelihood of forced deportation is very high.
Hit-and-run offenses themselves are subject to exceptionally severe punishment.
Moreover, if it is discovered that the driver was also driving under the influence, the two offenses are applied cumulatively, resulting in enhanced punishment.
Hit-and-run involving injury + DUI
– Imprisonment for 1 to 15 years, or
– A fine ranging from KRW 10 million to KRW 30 million
Hit-and-run involving death + DUI
– Life imprisonment, or
– Imprisonment for 10 years or more
If a foreign national commits a hit-and-run involving injury while driving under the influence, the court may impose a sentence of 1 to 15 years’ imprisonment or a fine between KRW 10 million and KRW 30 million.
If serious bodily injury results, the sentence may be further increased.
If a fatal hit-and-run occurs while driving under the influence, the offender faces life imprisonment or imprisonment for at least ten years, with no possibility of a fine. In such cases, fleeing the scene eliminates the possibility of mitigation and significantly increases the risk of forced deportation.
In particular, hit-and-run cases involving DUI by foreign nationals are punished even more severely, with a much higher likelihood of imprisonment.
In South Korea, hit-and-run offenses are punished very strictly. Foreign nationals are no exception, and depending on the circumstances, such cases may result in a departure order or forced deportation.
2. The Risk of Forced Deportation in Hit-and-Run Cases Involving Foreign Nationals
If a foreign national becomes involved in a hit-and-run accident in South Korea, they may be subject to a departure order issued by the immigration authorities.
The likelihood of a departure or deportation order varies depending on the type of damage caused:
– Property damage only: Low likelihood of departure order
– Personal injury (minor injury): Possible departure order
– Personal injury (serious injury): High likelihood of forced deportation
– Fatal accident: Very high likelihood of deportation
Below is a detailed explanation of the likelihood of departure or deportation orders by accident type.
(1) Property damage only (e.g., damage to vehicles or buildings)
In cases involving only property damage, the likelihood of forced deportation is relatively low, although a criminal fine may still be imposed.
(2) Minor personal injury (e.g., bruises or abrasions)
Where minor injuries are involved, a departure order may be issued. However, if the offender reaches a settlement with the victim, the case may be resolved with a fine, and the likelihood of forced deportation may be reduced.
(3) Serious personal injury (e.g., fractures or injuries requiring surgery)
In cases involving serious bodily injury, the likelihood of forced deportation is high. Such cases often result in imprisonment, and even if a settlement is reached with the victim, the risk of forced deportation remains significant.
(4) Fatal accidents
In the event of a fatal hit-and-run accident, imprisonment is inevitable, and the likelihood of forced deportation is extremely high—often virtually certain. In such cases, the risk of a re-entry ban to South Korea also increases substantially.
Even in cases involving only property damage or minor personal injury, if there is concern about the risk of reoffending, immigration authorities may still issue a forced deportation order.
Hit-and-run offenses are regarded as far more serious than ordinary traffic accidents and are among the crimes subject to the strictest punishment. As a result, foreign nationals involved in hit-and-run cases face a very high risk of receiving a departure or deportation order.
If a foreign national becomes involved in a hit-and-run incident, early response is critical. Promptly reporting the incident, acknowledging responsibility, and reaching a settlement with the victim may allow for mitigation.
For this reason, it is strongly emphasized that from the earliest stage following an accident, foreign nationals should seek assistance from a criminal defense attorney experienced in foreign national cases to ensure an appropriate and effective response to potential departure or deportation orders.
3. When a Hit-and-Run Occurs Without Intent
In hit-and-run cases, whether there was intent is considered the most critical factor in determining liability.
If a person becomes involved in a hit-and-run accident unintentionally, it is essential to demonstrate that there was no intent to flee.
Where intent is absent, the following response strategies may be considered:
How to Respond When There Is No Intent
1. Proving that the driver was unaware of the accident
2. Voluntarily reporting to the police
3. Reaching a settlement with the victim
(1) Proving lack of awareness of the accident
If the driver did not recognize that an accident had occurred, it is necessary to prove this lack of awareness.
This may be demonstrated by using vehicle black box footage to show that the impact was minimal, or by analyzing black box recordings and CCTV footage to confirm the driver’s reactions at the time of the incident.
In addition, statements from nearby witnesses may help establish that the driver did not flee after recognizing the accident, but rather did not perceive the accident at all.
(2) Voluntarily reporting to the police as soon as possible
Promptly turning oneself in to the police after the incident is another important response method.
Even in cases where the driver momentarily fled due to fear but reported to the authorities shortly thereafter, mitigation may still be possible.
If it can be shown that the driver acted out of momentary panic rather than an intention to escape responsibility, and reported the incident promptly, authorities may consider reducing the penalty.
(3) Reaching a settlement with the victim
Reaching an amicable settlement with the victim is often the most effective approach.
If medical expenses and compensation are provided following a settlement, the case may be resolved with a fine rather than imprisonment.
When seeking a settlement, assistance from an attorney experienced in representing foreign nationals can help negotiate medical expenses, compensation, and consolation payments, as well as prepare a formal settlement agreement.
If a written statement from the victim expressing a desire not to pursue punishment is obtained and submitted, the likelihood of mitigation increases significantly.
4. Why Early Response Is Critical in Hit-and-Run Cases Involving Foreign Nationals
Cases involving criminal punishment of foreign nationals and departure or deportation orders are complex matters in which multiple legal factors are closely intertwined.
As emphasized repeatedly, when a foreign national becomes involved in a hit-and-run incident, it is essential to prepare not only for criminal punishment, but also simultaneously for a potential forced deportation order issued by immigration authorities.
For this reason, it is advisable from the outset to retain an attorney specializing in cases involving foreign nationals—one who is capable of handling criminal defense while also preparing for immigration departure or deportation proceedings.
At Law Firm Majung, consultations are jointly conducted by Korean Bar Association–certified criminal defense attorneys and attorneys with prior experience in the Immigration Office’s offense review division.
From the police investigation stage onward, we take proactive measures to seek mitigation of criminal penalties and to defend against departure orders and forced deportation.
Responsibility for wrongdoing must, of course, be taken. When the law is violated, appropriate punishment is unavoidable.
However, if the incident was the result of a mistake, and the individual demonstrates genuine remorse and reflection, we are committed to helping explore every possible avenue to provide a second chance.
From responding to criminal charges involving foreign nationals to defending against deportation, we provide a one-stop solution throughout the entire process.
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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