What happens if a foreigner receives a criminal penalty in Korea?
When a foreign national is convicted of a criminal offense in Korea,
they are subject to an Immigration Violation Review (사범심사),
which determines whether they can continue their stay.
Depending on the review outcome:
✔ Stay may be allowed
❌ Or result in an Exit Order or Forced Deportation
Legal Definitions
- Forced Deportation (68-1): Mandatory expulsion regardless of personal intent
- Exit Order (46-1): Ordered to leave Korea within 30 days of notice
Documents Required Before Review
- Summary judgment or full ruling
- Proof of fine payment
- Passport and Alien Registration Card
- Letter of apology, petitions
- Employment and income proof
- Victim settlement agreement
- School enrollment for minor children
- Chinese-Koreans: Family register, marriage certificate
🔍 Emphasis must be on proving humanitarian reasons for continued stay.
Key Review Factors
- Crime motive and criminal record
- Family ties in Korea, long-term stay
- Business operations and tax history
- Risk of livelihood loss if deported
Criteria for Exit or Deportation (any of the following)
- Fined over 3 million KRW
- Combined fines over 5 million KRW in 5 years
- 2+ fines in 2 years or 3+ in 5 years
- 3+ deferred prosecutions in 5 years
- Traffic offense with fine ≥ 5M KRW or unresolved accident
Final Note
Even after a criminal conviction, a well-prepared humanitarian claim may allow you to remain in Korea.
Ki-Won Administrative Office provides full support for immigration reviews and documentation.
Contact us today for a professional consultation.
'사범심사' 카테고리의 다른 글
| 외국인의 마약 복용과 사범심사｜형사처벌만으로 끝나지 않습니다 (2) | 2025.06.12 |
|---|---|
| 외국인 사범심사｜출국명령·강제퇴거 방지를 위한 대응 방법 (1) | 2025.05.01 |