I made a terrible mistake after drinking...
Recently at Majung, we have received a series of consultation requests from foreign clients facing deportation due to assault incidents involving alcohol. A common theme among these cases is the same remorseful statement — “I made a mistake after drinking.”
In most cases, these individuals are ordinary, law-abiding residents who lost control under the influence of alcohol and ended up involved in an assault case. The severity varies — some incidents involved minor scuffles or punches, while others escalated to threats with objects such as metal pipes.
When the victim is Korean, there are also situations where the victim exploits the foreigner’s vulnerable immigration status and demands excessive settlement money. For example, one client offered 2 million KRW to settle, but the victim demanded 4 million KRW, leaving the client in a difficult position.
Eventually, the client was referred to the prosecution without reaching a settlement and contacted Majung’s assault and battery attorney for help on how to respond to the deportation proceedings.
Because such cases involve both criminal defense and immigration procedures, the most effective approach is to work with an experienced assault and battery attorney who understands both areas. An assault and battery attorney can coordinate every stage of the process — from police questioning to immigration review — providing a comprehensive, strategic defense. By doing so, an assault and battery attorney can help minimize criminal penalties, negotiate fair settlements, and protect your visa status, allowing you to continue your life in Korea with confidence and stability.
When a foreign national is punished for assault, it is important to consider not only the criminal penalties but also the immigration consequences.
In other words, once the criminal proceedings are over, the individual will inevitably undergo a criminal record review by the Immigration Office, so it is strongly advised to prepare for this in advance.
If, during this immigration review, the authorities decide to issue a deportation order, the foreign national will be detained in an immigration detention center for about a month before being forcibly repatriated to their home country.
In general, the standards that trigger a deportation order are as follows:
- Grounds for Deportation of Foreign Nationals
- When the individual is fined 300,000 KRW or more,
- When the total fines exceed 5 million KRW within the past five years.
However, if the assault is particularly severe—for example, when there is no possibility of leniency or forgiveness from the victim—the individual may be subject to immediate deportation, regardless of the fine amount.
Foreign Nationals and Assault Cases: The Importance of a Quick Response
When a foreign national residing in Korea becomes involved in a criminal case, they often face significant challenges due to language barriers, making it difficult to respond systematically to the investigation or legal proceedings.
Because police investigations and criminal cases involving foreigners require swift and strategic responses, it is crucial to work with a defense attorney who specializes in foreign national cases. With professional legal assistance, the case can be handled more efficiently and effectively.
In addition, a criminal record involving a foreign national is taken very seriously by the Immigration Office, and there is a real possibility that it may result in a deportation order.
To prepare for potential deportation proceedings, it is strongly advised to seek help from an experienced foreign national or immigration attorney who can provide the appropriate legal support and defense strategy.
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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