sexual assault allegations? Majung can assist you!
Once a fine for a sex offense is finalized, a foreign national’s immigration status may be reviewed again.
Today, we will look at a case where a foreign national, after receiving a fine for a sex offense, became subject to deportation review and how the response process unfolded.
The client in this case had been living in Korea with their family and maintaining a stable daily life. However, a single incident put both their job and family at risk of collapsing.
As will be explained further in the case, the end of a criminal trial does not mean that immigration issues are resolved. Rather, a separate immigration procedure begins, in which the individual’s entire basis for staying in Korea is re-evaluated.
In this way, deportation is not just a simple administrative procedure—it is a serious and realistic threat that can affect one’s livelihood and family. Therefore, it is crucial to respond strategically from the early stages with the assistance of a legal professional.
Contents
1. Foreign National with a Sex Offense Record: A Case Concluded with a Warning Instead of Deportation
2. Why Do Sex Offenses by Foreign Nationals Lead to Immigration Review?
3. Why It Is Realistically Difficult to Handle Foreign National Sex Offense Cases Alone
4. Establishing an Early Strategy Is Key to Protecting Your Residency Status
1. Foreign National with a Sex Offense Record: A Case Concluded with a Warning Instead of Deportation
A Foreign National Subject to Deportation Review Due to a Sex Offense Record
Mr. A, the client, was originally born in Korea and completed his mandatory military service. He later went to Italy for graduate studies and, after marrying a Korean spouse he met there, chose to acquire Italian nationality for a stable family life. In doing so, he automatically lost his Korean citizenship. After completing his Ph.D., he returned to Korea and was employed as a researcher at a major company, where he had been living ever since.
One day, however, Mr. A was caught in a police crackdown simply for being present at a location where prostitution brokerage activities had taken place. He was investigated and ultimately fined 3 million KRW by the court. This record was then reported to the immigration authorities, and he became subject to an immigration review.
At the time, Mr. A was living with his spouse, two children, and his elderly mother, serving as the primary breadwinner. Given that his life in Korea was already well established, the possibility of deportation due to a sex offense record became an overwhelming and very real threat.
Proving the Need to Maintain Residency and Family Circumstances
With the assistance of legal counsel, Mr. A emphasized that the incident had been a one-time occurrence approximately three years prior, and that he had maintained a clean record ever since. He also demonstrated that he had continued to work diligently and had voluntarily participated in relevant educational programs to prevent reoffending.
Most importantly, Mr. A was the sole provider for his family, supporting his spouse, two children, and elderly mother. His second child required ongoing medical treatment due to health issues, and his spouse was undergoing treatment for postpartum depression.
His removal from Korea would not simply mean the end of his residency—it would directly result in the disruption of his family’s livelihood and stability. His legal representative systematically presented these circumstances with supporting evidence.
In addition, it was highlighted that Mr. A had made meaningful contributions to Korean society through his work as a researcher, including tax contributions, education, and research activities.
Conclusion: “Strict Warning” Instead of Deportation
The immigration authorities comprehensively considered Mr. A’s remorse, the necessity of protecting his family, and his contributions to society. As a result, they determined that deportation would be excessive and instead concluded the case with a “strict warning.”
Through this decision, Mr. A was able to maintain his residency status and continue living in Korea, preserving both his family life and his children’s education.
2. Why Do Sex Offenses by Foreign Nationals Lead to Immigration Review?
Even if a sex offense case involving a foreign national is concluded with a fine or a suspended sentence, the process does not end there. Once the criminal record is forwarded to the immigration office, a separate review begins to determine whether the individual’s residency status can be maintained.
Immigration review is not based solely on the existence of a criminal record. Authorities comprehensively assess factors such as the nature of the offense, social perception, whether there was a victim, and the likelihood of reoffending.
Offenses such as prostitution, indecent assault, and illegal filming are all considered threats to public order. Even first-time offenders may be subject to deportation.
In particular, sex offenses by foreign nationals are often interpreted as threats to public safety, even if they were isolated incidents. As a result, while the criminal court may impose a relatively light sentence, the immigration stage can lead to much more severe consequences.
Moreover, immigration review is conducted without a separate trial, and the standards are applied based on the discretion of administrative authorities.
Therefore, it is not safe to assume that the matter is resolved simply because it ended with a fine. You must recognize in advance that your residency foundation in Korea could be affected—or even lead to deportation—and prepare an appropriate response strategy.
3. Why It Is Realistically Difficult to Handle Foreign National Sex Offense Cases Alone
In cases involving sex offenses by foreign nationals, the process does not end with criminal punishment. After the investigation and trial, a separate immigration review is conducted to reassess whether the individual can maintain their residency status.
Although the investigation, trial, and immigration review are handled separately, they are all interconnected and ultimately influence the decision on whether deportation will occur.
In particular, foreign nationals often face challenges during the investigation process. Language barriers can lead to misunderstandings, distorted statements, or records being created without fully understanding one’s rights.
Furthermore, once the case moves to the immigration stage, it is not enough to rely on the criminal record alone. The individual must also demonstrate factors such as family responsibilities, contributions to society, and efforts to prevent reoffending. In reality, it is difficult for individuals to organize and present such materials systematically on their own.
Emotional arguments alone are not sufficient to prevent a deportation order. Only by clearly proving the necessity of continued residence and one’s ties to society can the immigration authorities’ decision be influenced.
4. Establishing an Early Strategy Is Key to Protecting Your Residency Status
If a foreign national receives a fine or higher penalty for a sex offense, the immigration office will initiate a re-evaluation of their residency status based on that record. At this stage, the decision is not based solely on whether there is a criminal record, but on a comprehensive assessment of factors such as social perception, the presence of a victim, the likelihood of reoffending, and the need to protect the individual’s family.
In particular, for foreign nationals who are settled in Korea with their families, losing residency status can have a direct impact not only on their own living situation but also on the livelihood and stability of their entire family.
Therefore, focusing only on the criminal outcome can lead to overlooking the immigration aspect. A separate and tailored response aligned with immigration procedures is essential.
Our team includes certified criminal law specialists and legal professionals with practical experience in immigration matters. In actual cases, we have successfully prevented deportation orders and provided structured strategies—from initial statements to the preparation of supporting documents.
If you are currently facing instability in your residency due to a sex offense record, it is important to consult with a professional before any administrative decision is finalized and carefully prepare a strategy to maintain your stay.
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