| Nationality |
Chinese |
| Case Overview |
On the way home from work, the person was fined for a traffic signal violation after colliding with a pedestrian who was jaywalking, and requested help to prevent a deportation order. |
| Special Circumstances |
The client had been working in Korea, and if sentenced to a fine exceeding 3 million won, they could face a deportation order under the Immigration Control Act. |
| Case Handler |
Ji-Na Hong |
| Outcome |
The fine was reduced to 2.5 million won. |
1. Client Situation and Facts
The client is an ethnic Korean from China who obtained a driver's license in 2021 and has been diligently following traffic laws while working for about three years. One evening after work, while passing through an eight-lane intersection near their workplace, the client failed to recognize the traffic signal change in time and entered the intersection. At that moment, stopping in the middle of the intersection would have posed a greater risk of a collision with following vehicles, so the client had no choice but to proceed. During this, the client collided with a pedestrian who was jaywalking, resulting in the pedestrian suffering a broken arm.
As a result of this incident, the client faced criminal charges and was at risk of receiving a deportation order under the Immigration Control Act. If deported, the client would lose their long-standing job and livelihood in an instant, putting them in a desperate situation filled with deep anxiety and pressure. Because of this, the client earnestly sought help from Law Firm Majung.
2. Case Issues and Resolution Process
1) Emphasized the client’s sincere lifestyle and attitude.
The client has been a diligent worker who, since obtaining their driver’s license about three years ago, has not violated any traffic laws even once. The client deeply reflected on their fault following this accident and vowed to prevent any recurrence. Notably, the company president personally submitted a letter of petition, which serves as objective evidence of the client’s usual work ethic and social responsibility, and was stressed as an important mitigating factor in sentencing.
2) Proved amicable settlement with the victim and expressed the victim’s intention not to seek punishment.
Immediately after the accident, the client sincerely made efforts toward the victim’s treatment and recovery, resulting in an amicable settlement. The victim clearly expressed their wish not to pursue punishment, and accordingly, a non-prosecution statement was submitted. This sequence of events was highlighted as a result of the client’s responsible attitude and genuine response after the incident, which could meaningfully influence sentencing.
3) Actively argued against excessive disadvantages caused by a deportation order.
As a foreign national, the client faced a serious legal risk of deportation under the Immigration Control Act if fined 3 million KRW or more. This issue goes beyond a simple monetary penalty, threatening the loss of residency status and severely impacting the client’s livelihood and job. Therefore, it was conveyed to the court that this matter requires not only formal application of the law but also a reasonable judgment considering the principle of proportionality and humanitarian circumstances.
3. Case Outcome
As a result of Majung’s persuasive advocacy, the court comprehensively considered the client’s remorseful attitude, amicable settlement with the victim, and humanitarian circumstances, and reduced the fine to 2.5 million KRW. Accordingly, the client avoided the serious disadvantage of a deportation order and was able to continue living and working in Korea with stability.
4. Significance of the Judgement
Criminal cases involving foreigners are serious matters that go beyond simple fines and directly affect the maintenance of their residence status. In particular, if a fine above a certain amount is imposed, it can lead to deportation orders or forced removal, making strategic response from the outset essential. This case, where the client’s sincere lifestyle, settlement with the victim, and remorseful attitude were taken into account as humanitarian grounds for mitigation, demonstrates that foreign defendants can receive substantial protection based on their individual circumstances. Furthermore, when the disadvantages caused by a deportation order are excessive compared to the limited public interest gained by the state, there is room to challenge the legitimacy of such a disposition. To prove this, specific circumstances and objective evidence must be supported, and it is important to seek expert assistance early on to respond systematically.
