Crime Defense Lawyer of Law Firm Majung

  A conviction in a foreign national forcible molestation case does not mean the matter is automatically resolved.   Even if a relatively minor penalty—such as a fine—is imposed, immigration authorities will still review the individual’s residency eligibility based on the criminal record. In practice, this often results in deportation orders, even for first-time offenders.   Because sex crimes are treated as serious social offenses in Korea, being a first-time offender or receiving a light sentence rarely serves as a favorable factor when seeking to extend residency. For this reason, it is crucial to have a crime defense lawyer develop a comprehensive legal strategy that addresses both the criminal defense and immigration review aspects from the earliest stage of the case.   At our firm, we are uniquely structured to provide this dual-layered defense. Our crime defense lawyers, working alongside attorneys experienced in immigration violation reviews, prepare thoroughly for both criminal proceedings and immigration assessments. This means we focus not only on minimizing criminal liability but also on ensuring long-term residency protection.   If you are currently under investigation for a sex crime or forcible molestation, it is critical to take proactive legal action before the case escalates further.   Once you are contacted by the investigative authorities under suspicion of a sex crime, your residency status immediately becomes vulnerable. Statements made during police questioning, your responses to summons, and even records generated during warrant applications can all be incorporated into your case file—and later reviewed by immigration officials when assessing your eligibility to stay in Korea.   That is why our crime defense lawyers provide comprehensive support from the earliest stage, including preparing written statements, identifying legal issues, building strong defense arguments, and later drafting administrative documents that demonstrate the necessity of continued residence.   Cases involving foreign nationals in Korea do not end with the criminal ruling alone. Recognizing this complexity, our crime defense lawyers integrate criminal defense strategies with practical immigration law experience, delivering a coordinated approach that truly protects your right to remain in Korea.    

Case Study 1

  Mr. A, a Russian national, had lived in Korea for about eight years, maintaining a stable job and clean residence record.   However, after an incident involving physical contact with an acquaintance, he was investigated on charges of forcible molestation. The court ultimately imposed a fine of 5 million KRW. Additionally, because of a prior history of minor traffic violations, immigration authorities determined that he was no longer eligible to remain in Korea and issued a deportation order.   At the time, Mr. A was married to a Korean national, and his wife was only a few days away from giving birth, making the situation particularly sensitive. His crime defense lawyer immediately filed an appeal against the deportation order, presenting three key arguments:   1. First-time offender and clear rehabilitation efforts Mr. A had no prior criminal record, and following the incident, he completed a sex crime prevention program and submitted a written statement of remorse. His crime defense lawyer emphasized these rehabilitation efforts as evidence of genuine reflection and a low risk of reoffending.   2. Severe hardship on the family His crime defense lawyer also highlighted that deportation would impose serious hardship on his wife, who was about to give birth, leaving her to face child-rearing and financial burdens alone.   3. Established roots and community contribution in Korea Over the years, Mr. A had paid taxes faithfully and actively participated in local community activities. The crime defense lawyer argued that revoking his right to stay over a single incident constituted an excessive administrative penalty.   After reviewing the case, the court found that the immigration authorities had made a formalistic and unbalanced decision without properly considering family circumstances and long-term residence. The court agreed with the arguments presented by the crime defense lawyer, ruling that the deportation order was disproportionate to the public interest and therefore canceled the deportation.   This case demonstrates how the early and coordinated intervention of a skilled crime defense lawyer can make a decisive difference in protecting both legal rights and residency status for foreign nationals in Korea.    

Case Study 2

  A Vietnamese national entered Korea on a tourist visa and took short-term employment during his stay. One night, after drinking, he was accused of foreign national sexual harassment for briefly touching a woman’s shoulder near a subway station. Following a police investigation, he was formally charged with a criminal offense.   At the time, the client was intoxicated, but because the victim’s testimony was consistent and partial contact was captured on CCTV, the court in the first trial sentenced him to eight months in prison with a two-year suspension. Fearing that a finalized prison sentence would trigger a forced deportation review under the Immigration Control Act, the client decided to appeal with the help of a crime defense lawyer.   The crime defense lawyer emphasized several key factors: the client was a first-time offender, the incident occurred under ambiguous circumstances, and there were no aggravating factors suggesting intent to harm. From the outset, the crime defense lawyer focused on a strategy aimed at reducing the sentence—seeking to replace imprisonment with a fine to avoid immigration consequences.   As a result, the appellate court accepted the arguments presented by the crime defense lawyer and reduced the sentence to a fine of 2.5 million KRW, sparing the client from imprisonment. This successful outcome allowed the client to avoid deportation and continue residing in Korea legally, demonstrating the crucial role a crime defense lawyer can play in protecting both criminal and immigration interests for foreign nationals.