Contents
1.Because sex crime by foreigners are increasing
2.About the sentence of sex crime
3.How to respond with sex crime
4.Case study-sex crime case and Majung's defence
5.Final words-How to respond strategically with sex crime case
1.Because sex crime by foreigners are increasing
As the number of foreigners residing in Korea continues to rise, incidents and accidents involving foreign nationals are also occurring more frequently.
Recently, there has been a noticeable increase not only in cases related to drugs, phishing, assault, and drunk driving, but also in sex-related crimes such as prostitution and sexual assault.
Because sex crimes are serious offenses that can leave lasting psychological and physical trauma on victims, penalties for such crimes have become increasingly severe.
Foreign nationals are not exempt from punishment, and in fact, they may face additional consequences such as forced deportation, resulting in what is effectively a double penalty.
At MaJung Law Firm, which specializes in legal services for foreigners, we frequently receive criminal defense requests from clients of various nationalities—including China, the Philippines, Vietnam, and the United States—regarding sex crime charges.
In today’s post, we will take a closer look at:
- The criminal penalties foreign nationals may face if involved in sex crimes
- How to respond when accused of such crimes
- Real case examples handled by Majung Law Firm
2.About the sentence of sex crime
ONE. Punishment for procuring prostitution
Q: "I ended up engaging in prostitution while looking for a high-paying part-time job to cover my living expenses. I’m a Chinese national staying in Korea on a student visa. What kind of punishment could I face?"
If a foreigner is involved in procuring prostitution, they may be punished under the Criminal Act of Korea or receive a criminal fine applicable to foreigners.
Act on the Punishment of Acts of Arranging Sexual Traffic
- Those who arrange or procure prostitution may face up to 3 years of imprisonment or a fine of up to 30 million KRW.
- Those who engage in prostitution directly may face up to 1 year of imprisonment, or a fine, detention, or minor penalty of up to 3 million KRW.
TWO. Punishment for Sexual Assault and Rape
Q: "I just briefly brushed against someone at a bar, but I was accused of sexual assault. What is the level of punishment for this?"
If a foreigner is involved in sexual assault, they may be subject to a foreign national fine or criminal penalties under the Korean Criminal Act.
Korean Criminal Act, Articles 297 & 298
- A person who commits sexual assault may be punished by up to 10 years imprisonment or a fine of up to 15 million KRW.
3.How to respond with sex crime
Sex crimes committed by foreigners involve not only criminal penalties but also immigration enforcement measures, making it essential to have a strategic approach that differs from ordinary criminal cases.
If a foreigner is involved in a criminal case and receives a fine of over 3 million KRW even once, the likelihood of receiving a forced deportation order becomes very high.
Moreover, such a conviction can lead to disadvantages when applying for visa extensions or may even result in a permanent ban on re-entry to Korea.
Therefore, simply defending against the criminal fine or punishment is not enough; it is also crucial to carefully manage the immigration enforcement measures related to the case.
How to respond to avoid deportation orders during immigration offender review?
- Provide a detailed explanation of the incident and assert your innocence.
- Acknowledge your wrongdoing and emphasize sincere remorse.
- Prepare humanitarian reasons explaining why you must remain in Korea.
Majung Law Firm, specializing in legal services for foreigners, is composed of attorneys with prior experience working at the Korea Immigration Service. As a result, they have a clear and strategic understanding of how to navigate the Immigration Offender Review process.
Because they know exactly which points need to be emphasized, they can respond to the review process efficiently and effectively.
Majung will personally accompany and assist you during the Immigration Offender Review, where the final decision regarding deportation is made.
4.Case study-sex crime case and Majung's defence
The client who sought assistance from Majung Law Firm was a Chinese international student attending university in Korea.
Living alone and struggling to cover living expenses, the client had taken on multiple part-time jobs. However, lured by the promise of earning a large sum of money quickly, they became involved in a sex crime mediation case.
The client was caught in a police crackdown and had already undergone police investigation. In the first trial, the court sentenced them to six months in prison, suspended for two years.
Wishing to reduce the severity of the sentence and avoid forced deportation, the client turned to Majung Law Firm, a firm known for its expertise in defending foreign nationals.
Majung focused on mitigating the sentence handed down in the first trial to help prevent the client from facing deportation.
To appeal for leniency and show sincere remorse, Majung strategically emphasized the following key points:
Majung’s Key Defense Arguments:
- The client had no prior criminal record—this was their first offense
- Although involved in the mediation, the client did not pose any direct threat to the victim.
- The client had strong personal reasons to remain in Korea, particularly related to their education.
First, Majung highlighted that the client was a first-time offender with no previous criminal history. They argued that the crime resulted from a moment of poor judgment, driven by financial hardship and the temptation of high-paying work, and earnestly appealed for leniency.
Second, while the client was involved in arranging the act, Majung stressed that they did not directly threaten or harm the victim. They further supported this by referencing the complaint filed by the buyer, which did not contain any direct accusations against the client.
Third, as the client was a student pursuing higher education in Korea, Majung argued that being deported would severely disrupt their academic and personal future. They pleaded sincerely for the court to consider the young client’s potential and future prospects.
Thanks to Majung’s strong and heartfelt defense, the original sentence of six months’ imprisonment with a two-year suspension was overturned.
Instead, the court reduced the punishment to a fine of 2 million KRW, changing it from a prison sentence to a criminal fine, which is considered a significant success, especially for foreign nationals.
This outcome was made possible by Majung’s deep expertise in handling foreign criminal cases and their well-honed legal strategy.
In the end, the client was fortunately able to avoid deportation and continue living in Korea to pursue their academic goals.
5.Final words-How to respond strategically with sex crime case
If a foreign national is sentenced to a criminal fine or punishment for a sex crime in Korea, it is strongly recommended to respond to both the criminal proceedings and the immigration measures at the same time.
This is because foreigners who commit sex crimes in Korea face a high risk of being deported.
Therefore, if you wish to continue living in Korea, it is essential to seek help from a lawyer specializing in foreign criminal defense—someone who can defend not only the criminal charges but also any potential deportation orders.
Foreign Specialized Support at Majung Foreigner Center
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
Don’t face the legal system alone. Let Majung fight for you!
