Foreign nationals living in the Republic of Korea are absolutely not exempt from criminal liability.
Like Korean citizens, foreigners must bear legal responsibility and can be punished for various offenses such as drunk driving, assault, and threats.
In particular, if a foreign national becomes involved in a criminal case and is investigated, the matter often does not end with the criminal trial alone. A separate administrative process called a “Foreign Offender Review” is highly likely to follow.
Even after the criminal proceedings conclude, this is an important additional immigration review conducted under the Immigration Control Act to determine whether the person may retain their residency status.
In other words, even if a guilty verdict or fine has been finalized in a criminal trial, this does not mean that all legal procedures have concluded. The immigration authorities will conduct a separate review to decide whether to continue granting the foreign national’s residence status or to issue a deportation order.
Hello. In this article, we will take a detailed look at the procedures and process of the Foreign Offender Review, and clearly explain what consequences may follow when a foreign national is punished for criminal offenses such as drunk driving.
We will also introduce concrete and practical strategies to avoid a deportation order, so please read on to the end.
Contents
1. What is the legal meaning of the Foreign Offender Review?
2. What is the immigration review process that proceeds separately from criminal procedures?
3. What are the key factors considered in a Foreign Offender Review?
4. What is the Foreign Offender Review procedure as seen through real cases?
5. How can deportation of a foreign national be avoided?
6. The Foreign Offender Review must never be taken lightly.
1. What is the legal meaning of the Foreign Offender Review?
A Foreign Offender Review refers to an administrative procedure in which the Korea Immigration Service under the Ministry of Justice re-examines the residency status of a foreign national who has committed a crime in the Republic of Korea, based on the outcome of the criminal trial.
Simply put, even after the criminal proceedings have fully concluded, it is the process of determining whether the individual should be allowed to continue residing in Korea.
Depending on the review outcome, one of the following three measures may be imposed on the foreign national:
Maintenance of Residency Status
If the criminal offense is relatively minor, or sincere remorse and social contribution are recognized, continued residence may be permitted. For example, if the person receives only a fine and later demonstrates positive efforts such as community service or participation in rehabilitation programs, residency may be maintained.
Recommendation for Voluntary Departure
The individual is advised to return to their home country voluntarily within a specified period. This is a more flexible measure than forced deportation; if the person departs voluntarily, some disadvantages—such as future re-entry restrictions—may be partially mitigated.
Forced Removal (Deportation of a Foreign National)
If the crime is deemed severe and poses a significant social risk, the residency permit is revoked and removal is enforced. In such cases, strict consequences such as re-entry bans typically follow.
2. What is the immigration review process that proceeds separately from criminal procedures?
If a foreign national is caught for drunk driving in Korea, they are subject to the same criminal penalties as Korean citizens under the Road Traffic Act.
For example, the penalties(Road Traffic Act, Article 44) based on blood alcohol concentration (BAC) are as follows:
- 0.03%–0.08%: Up to 1 year imprisonment or a fine up to 5 million KRW
- 0.08%–0.20%: 1–2 years imprisonment or a fine of 5–10 million KRW
- 0.20% or higher: 2–5 years imprisonment or a fine of 10–20 million KRW
- Refusal to take a test: 1–5 years imprisonment or a fine of 5–20 million KRW
However, the key difference from Korean nationals is that, after criminal punishment, an additional administrative review under the Immigration Control Act is conducted in parallel.
In particular, in serious cases—such as a high BAC level or drunk driving causing injury or death—even after criminal punishment, consultation with the immigration office may lead to cancellation of residency status or a deportation order through the Foreign Offender Review.
If the person has no family or residence in Korea and is considered to pose a high social risk, deportation measures may be applied more strictly.
Moreover, even foreign nationals holding permanent residency (F-5) or a marriage migrant visa (F-6) are not exempt: if repeat offenses or serious crimes occur, they may face cancellation of stay and permanent entry bans.
Therefore, a case does not end with the sentence imposed in criminal court; how one responds during the immigration administrative review stage has a decisive impact on the possibility of continued residence in Korea.
3. What are the key factors considered in a Foreign Offender Review?
Immigration authorities do not decide whether to allow a foreign national to remain in Korea based solely on the outcome of the criminal punishment.
Instead, they closely review a range of factors such as the following:
Severity of the offense and level of social risk
They carefully assess whether it was a one-time, accidental mistake or a planned and violent crime, and the extent of its negative impact on society.
Likelihood of reoffending and attitude of remorse
They evaluate whether the person has submitted a sincere written statement of remorse and whether they have faithfully completed rehabilitation programs or educational courses ordered or recommended by the court.
Legitimacy of the purpose of stay in Korea
They examine family ties, employment, studies, and other social connections to determine whether there is a valid and necessary reason to remain in Korea.
Contribution to Korean society and length of stay
If the individual has lived in Korea for a long time and has made positive contributions, the chances of leniency may increase.
Whether a settlement was reached with the victim
A smooth settlement with the victim is often a key factor. In such cases, measures such as a recommendation for voluntary departure—rather than deportation—are more commonly applied.
Based on this multifaceted review, the decision on whether to maintain the foreign national’s permission to stay is made with great care.
4. What is the Foreign Offender Review procedure as seen through real cases?
Mr. P, a Vietnamese national, was caught driving under the influence after a company dinner.
His blood alcohol concentration was 0.082%, which met the threshold for license cancellation, and he was sentenced to a fine of 7 million KRW in criminal court.
Afterward, he received notice from the Ministry of Justice Immigration Office that a “Foreign Offender Review” procedure had been initiated.
[Legal Support and Response to the Review]
Law Firm Majung worked to secure written statements from Mr. P’s supervisor and colleagues, emphasizing that the incident was a one-time mistake, that he had consistently demonstrated a diligent work attitude, and that his entire family resides in Korea.
In addition, Law Firm Majung provided professional legal assistance to help Mr. P voluntarily complete alcohol addiction prevention education and prepare a sincere letter of remorse reflecting deep reflection on his actions.
[Review Outcome and Follow-Up Measures]
Although the case was initially headed toward deportation, the Immigration Office took these circumstances and supporting evidence into consideration and ultimately decided on a “recommendation for voluntary departure while maintaining residency status.”
As a result, Mr. P was able to continue working and living normally in Korea.
5. How can deportation of a foreign national be avoided?
It is not possible to prevent deportation of a foreign national in every case.
However, if the following thorough preparations and efforts are made together, the likelihood of leniency can be significantly increased:
Remorse and efforts to prevent reoffending
Actively participating in relevant educational or rehabilitation programs and submitting a sincere, well-prepared letter of remorse are extremely important.
Settlement with the victim
With sufficient legal assistance and professional mediation, reaching a thoughtful settlement agreement with the victim and taking meaningful steps to repair the harm can positively influence the outcome.
Proof of family ties and purpose of stay
Documents proving legitimate grounds for residence—such as family relationship certificates, employment contracts, or academic enrollment records—should be prepared systematically and carefully.
Demonstration of contribution to Korean society
Submitting evidence such as volunteer activity records, tax payment certificates, and job performance evaluations showing a positive role in society can be favorable in discretionary decision-making.
In this way, diverse supporting materials and proactive response efforts can have a decisive positive impact on the final decision made by the Immigration Office.
6. The Foreign Offender Review must never be taken lightly.
A Foreign Offender Review is not merely an administrative procedure; it is a critically important process that directly affects a person’s residency status as well as their livelihood and family relationships.
In particular, in criminal cases such as drunk driving or assault, even after a guilty or not-guilty verdict, there is always a parallel risk of deportation of a foreign national.
Therefore, from the very early stage of a case, it is essential to establish a strategy that thoroughly prepares for the immigration administrative review alongside the criminal trial process.
Law Firm Majung design customized residency-maintenance strategies tailored to each case and provide practical support to help foreign nationals maintain a stable life in Korea.
Multilingual consultation available in English and Chinese.
Professional interpreters assist from the first consultation to the conclusion of the case.
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