I was driving while intoxicated... I need help legally
“Most people say, ‘I didn’t think something like this would be a problem.’”
However, many foreign nationals who receive criminal penalties for offenses such as driving without a license or being involved in traffic accidents later find themselves facing unexpected notices for violations of immigration law.
When a fine is imposed or an investigation record remains, immigration authorities often initiate a separate offender review process to assess whether the individual can continue to maintain their residency status.
Although criminal matters and immigration procedures may seem like separate areas, in reality, once immigration law violations are involved, they can directly affect one’s ability to stay in Korea.
In particular, if the situation is handled poorly at an early stage, it can suddenly lead to disadvantages such as difficulties in extending your visa.
Therefore, if you wish to continue residing in Korea, it is advisable to start preparing your response now with the assistance of a legal professional.
Contents
1. Before the Investigation: You Must Consider Your Immigration Status
2. Offender Review Standards and the Actual Process Leading to Deportation
3. If a Deportation Order Is Issued, It’s Not the End
4. After a Traffic Accident: How a Foreign National Responded to a Deportation Crisis (Immigration Law Violation Case)
5. Criminal and Immigration Issues Must Be Handled Together, Not Separately
1. Before the Investigation: You Must Consider Your Immigration Status
Even if a case initially appears to be a simple administrative investigation, it can later expand into a violation of immigration law.
From the moment a foreign national is contacted by investigative authorities for matters such as a traffic accident or driving without a license, their statements can affect not only the outcome of the criminal case but also subsequent immigration review.
For example, if the individual cannot clearly state whether they were the driver at the scene, or if unfavorable wording is recorded due to interpretation errors, it may result in a heavier criminal liability than the actual situation warrants.
Once a criminal judgment is issued, immigration authorities may immediately begin a review to determine whether the individual can continue to stay in Korea.
Therefore, before attending an investigation, it is crucial to prepare—ideally with professional assistance—so you understand what questions may be asked and how to respond in a way that minimizes potential disadvantages.
2. Offender Review Standards and the Actual Process Leading to Deportation
After a foreign national receives a criminal penalty, immigration authorities begin a separate process to reassess their residency status. Although not widely known, if a fine or a sentence of imprisonment is imposed, an administrative procedure called an “offender review” is automatically initiated.
The criteria are clear:
- A fine of 3 million KRW or more per case,
- Cumulative fines exceeding 5 million KRW across multiple cases, or
- A sentence of imprisonment or heavier
In these situations, immigration authorities will determine whether the individual can continue to stay in Korea. The key issue is that during this review, outcomes such as cancellation of residency status, detention in an immigration facility, or deportation orders may all be considered.
For example, in cases involving driving without a license or traffic accidents involving foreign nationals, it is not uncommon for deportation measures to follow directly after the offender review, even after the criminal case has concluded. In many cases, while the investigation may be finished, the immigration decision process only truly begins afterward.
Therefore, it is important to prepare a response strategy that considers not only the criminal proceedings but also the immigration process—even before the sentence is finalized. Since this process is complex and sensitive, it is highly advisable to seek professional assistance from the early stages.
3. If a Deportation Order Is Issued, It’s Not the End
Even if a deportation order has already been issued due to insufficient response during a criminal case or immigration review, it does not mean you must accept the outcome as final.
There are legal procedures available to challenge immigration decisions, including:
- Filing an objection to a departure order
- Requesting an administrative appeal
- Initiating an administrative lawsuit
However, these procedures are not granted based on claims of unfairness alone.
For example, you must provide documented evidence showing compelling reasons to remain in Korea—such as family responsibilities, medical needs, or ongoing economic activities. In addition, all statements, supporting materials, and application documents must be submitted clearly and within the designated deadlines.
Because these administrative procedures are strict and leave little room for error, working with a legal representative to develop a proper response strategy can provide meaningful and practical support.
4. After a Traffic Accident: How a Foreign National Responded to a Deportation Crisis (Immigration Law Violation Case)
Mr. B, a Russian national staying in Korea on an E-9 visa, was involved in a minor traffic accident while driving after work. As a result, he was investigated by the police for driving without a license and for a traffic accident involving a foreign national.
Although the case was concluded with a fine, he later received a notification for an immigration offender review due to a violation of the Immigration Control Act, and the possibility of deportation was raised—placing his ability to remain in Korea at serious risk.
Mr. B responded with the help of a legal representative experienced in both criminal and immigration procedures. The legal team prepared and submitted materials demonstrating the circumstances of the incident and the necessity of Mr. B’s continued stay in Korea.
As a result, the immigration review allowed him to maintain his residency, and the case was concluded without a deportation order.
This case illustrates that even incidents that may initially seem minor—such as traffic accidents or driving without a license—can significantly impact residency status depending on the timing and strategy of the response.
5. Criminal and Immigration Issues Must Be Handled Together, Not Separately
Cases involving violations of the Immigration Control Act are not a single procedure, but a complex issue where criminal punishment and residency review move together.
If the response is delayed, there is a real risk that your stay in Korea could be terminated within a short period of time. In such cases, assistance from professionals at each stage is essential.
A criminal defense attorney helps organize your statement before appearing before investigative authorities and secures materials that can reduce the level of punishment.
An immigration-focused legal professional handles the subsequent stages—such as offender review, proving the necessity of continued residence, and challenging deportation orders—by preparing supporting evidence and legal submissions to help maintain your stay.
Although criminal cases and immigration procedures may appear to be separate, in reality, they are part of a single, connected process.
To protect your residency in Korea, it is crucial to address both aspects simultaneously.
how to find a divorce lawyer? The answer is Law Firm Majung.
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!
