Contents
1. Can a Foreigner Be Deported Even After Receiving a Fine?
2. Why Are Sexual Molestation and Indecent Assault Cases Involving Foreigners More Complicated?
3. <A Real Case by Majung> Maintaining Legal Stay After a Fine Through a “Severe Warning” Decision
4. Why Is Early Response Critical in Sexual Offense Cases Involving Foreign Nationals?
1. Can a Foreigner Be Deported Even After Receiving a Fine?
Hello, this is Law Firm Majung.
Recently, we have been receiving an increasing number of inquiries regarding sexual offense cases involving foreign nationals. One of the most frequently asked questions is the following:
- “Even if the punishment is only a fine, can immigration still become an issue?”
- “My criminal trial is already over—why is the Immigration Office contacting me now?”
These questions reflect a common anxiety shared by many foreign nationals.
In Korea, when a foreigner is criminally punished for a sexual offense such as sexual molestation, the case does not necessarily end with the conclusion of the criminal proceedings. Even after the case is finalized, the individual’s criminal record may be reviewed again by immigration authorities through a separate offender screening process to determine whether their stay in Korea can be maintained.
In other words, even if the criminal case concludes with a fine, immigration authorities may still consider issuing a departure order or initiating deportation procedures under administrative immigration law.
2. Why Are Sexual Molestation and Indecent Assault Cases Involving Foreigners More Complicated?
The most significant characteristic of cases involving criminal records for offenses such as sexual molestation or indecent assault committed by foreign nationals is that criminal proceedings and immigration proceedings progress simultaneously.
In particular, when a fine of KRW 3 million or more becomes final, the Immigration Office may initiate an offender review (screening) process based on that criminal record. Depending on the outcome of this review, the foreign national’s status of stay may be revoked, or departure or deportation measures may be ordered through an official departure order.
3. <A Real Case by Majung> Maintaining Legal Stay After a Fine Through a “Severe Warning” Decision
This is a real case handled by Law Firm Majung.
After a fine of KRW 3 million was finalized for a sexual offense charge, the client received a notice from the Immigration Office initiating an offender review.
At that stage, the possibility of deportation could not be ruled out. However, the client’s circumstances were far from simple.
- Employed as a researcher at a major Korean conglomerate
- Spouse, children, and elderly parents all residing in Korea
- The sole breadwinner responsible for the family’s livelihood
- No additional criminal conduct whatsoever after the incident
The client was a foreign national who had substantially settled and built a life in Korean society. As such, a departure or deportation order would have had a profound impact not only on the individual, but on the entire family.
Law Firm Majung did not approach the case solely from the outcome of the criminal proceedings.
This is because the core question in an offender review is whether there is a compelling need for the individual to continue residing in Korea.
POINT 01
Emphasizing sincere remorse and the absence of risk of reoffending
- The incident was a one-time occurrence that happened several years ago
- Continued diligent employment and responsible family support thereafter
POINT 02
Demonstrating the excessive hardship caused by deportation
- Deportation of the sole breadwinner would directly lead to the collapse of the family’s livelihood
- Presentation of realistic concerns such as children’s medical treatment and the spouse’s health management
POINT 03
Highlighting social contribution and established ties to Korea
- Employment at a domestic company and consistent tax compliance
- Strong and tangible connections to Korean society
Based on these factors, we comprehensively organized and presented the case to the Immigration Office, persuasively arguing that deportation would constitute a disproportionate and excessive administrative measure.
Following the strategic response by Law Firm Majung, the Immigration Office carefully considered the client’s overall circumstances and issued a “Severe Warning” decision.
Rather than ordering deportation or revoking the client’s status of stay, this measure functions as a formal warning requiring heightened caution for a specified period, while allowing the individual to maintain lawful residence in Korea.
As a result, the client was able to continue living in Korea, alleviating concerns related to the family’s livelihood, the child’s medical treatment, and the spouse’s health issues.
The client was also able to retain current employment, thereby preserving social and economic stability and preventing the collapse of the life foundation that had been built in Korea.
Had an official departure or deportation order been issued through the offender review process, the client could have faced severe disadvantages, including a ban on re-entry into Korea. However, by receiving a severe warning instead, a more stable foundation was secured for future extensions of stay or subsequent immigration reviews.
As this case illustrates, matters involving foreign nationals must be assessed not merely in terms of criminal punishment, but through a comprehensive evaluation that includes continuity of daily life, protection of family members, and social responsibility.
4. Why Is Early Response Critical in Sexual Offense Cases Involving Foreign Nationals?
A criminal record arising from sexual molestation or indecent assault cases involving foreign nationals should not be addressed solely by focusing on the level of criminal punishment. It is equally essential to respond to the immigration departure order process.
Effective handling requires a comprehensive approach that considers all of the following together:
- Criminal defense strategy
- Response to the immigration offender review process
- Strategy for maintaining lawful status of stay
If these three elements are not addressed in parallel, even a case that ends with a fine may unexpectedly lead to deportation or a departure order.
In particular, statements made from the police investigation stage onward are often directly referenced during the immigration offender review process. As a result, early-stage 대응 (initial response) can ultimately determine whether a departure or deportation order is issued.
“Can a foreign national be deported even with only a fine on their criminal record?”
The answer is: “It depends on the circumstances.”
What is clear, however, is that with proper legal strategy and sufficient explanation, there is a real possibility of maintaining lawful residence, even after a fine has been imposed.
If you are facing both criminal punishment and immigration consequences due to a criminal record involving sexual molestation, indecent assault, or a departure order affecting a foreign national, it is essential to receive legal assistance from professionals who understand both criminal law and immigration law.
At Law Firm Majung, we draw on extensive practical experience in handling cases involving foreign nationals. We remain committed to standing with our clients to ensure that their lives are not irreversibly disrupted by a single criminal record or an immigration departure order.
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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