If I receive a non-prosecution disposition (기소유예), do I still face the offense review?

Yes, even non-prosecution may trigger review — but the outcome may be lighter than after a conviction, depending on the case. It is never automatic safety; mitigation evidence still matters.

Is a fine under 1 million KRW grounds for deportation?

What matters is the offense type and pattern, not just the amount. Even a small fine for violence (assault, threats) can lead to a deportation review, while some other offenses with a higher fine may still allow renewal; it depends on the individual case.

I settled with the victim — am I safe?

Settlement softens the criminal track but the offense review remains separate. However, settlement letters and the victim's no-prosecution wish are very strong mitigation evidence. Always obtain them in writing.

I was convicted of self-defense assault. Can I still face deportation?

If self-defense was recognized, you'd typically receive acquittal or non-prosecution. But the offense review re-examines the entire context, so you must re-submit self-defense evidence (CCTV, witness statements) at the review.

Are theft and fraud treated similarly?

Theft is generally lighter. But repeat theft, weapon use, or burglary raises deportation risk significantly. One-time petty theft from financial hardship may end with status change rather than deportation.

What if my conviction was for a negligent (non-intentional) act?

Negligence cases (e.g., negligent injury) are also reviewed and may be treated more lightly than intentional offenses, depending on the case.

I was investigated by Korean police — will it affect my visa?

A police investigation is part of the criminal track, and the immigration office reviews your residency status separately, so it is wise to check the potential immigration impact early. How your visa is affected depends on the eventual disposition (for example non-prosecution, a fine or a suspended sentence) and on your visa type; section 2 of this guide maps each disposition to its visa effect. Preparing mitigation materials while the criminal case is still open is recommended (Step 1).

Criminal Cases & Visa Defense for Foreigners in Korea

How the immigration review treats foreigners punished for assault, theft or fraud in Korea: dispositions by charge, mitigation evidence and a 5-step plan.

For foreigners involved in criminal cases in Korea — assault, theft, fraud, defamation — the most distressing question is rarely the punishment itself; it's what happens to my visa.

This guide covers five common offense categories, how the immigration review treats them, and what to prepare.

1. Top 5 Criminal Cases Foreign Nationals Face

(1) Assault / Bodily Injury

Workplace disputes, drunken bar fights, domestic violence, sudden conflicts.

Simple assault, bodily injury and aggravated assault (weapon, group) are punished at different levels under the Criminal Act.
The heavier the disposition, the more closely the immigration review examines it; the outcome depends on the individual case.

(2) Theft / Fraud

Simple theft and habitual or aggravated theft are punished at different levels; the immigration disposition (status change, departure order or deportation) depends on the case.
Fraud (incl. voice-phishing involvement): see voice phishing guide

(3) Defamation / Insult

Online comments and social media posts can be punishable.
Korean cultural sensitivity: insult against a Korean is punished severely.
Settlement can extinguish prosecution (반의사불벌죄).

(4) Sexual Offenses

Sexual assault, harassment, digital sex crime.
Even a single offense can lead to deportation and an entry ban; the disposition depends on the case.
Sex offender registration, employment restrictions follow.
Settlement possible but criminal sanction not waived.

(5) DUI

See DUI offense review for foreigners.

2. Criminal Disposition Stages and Visa Impact

Disposition	Meaning	Visa Effect
No suspicion / Acquittal	No crime	No effect (review may still proceed)
Non-prosecution (기소유예)	Crime found but not punished	Review subject; lighter outcomes possible
Fine (vol. summary)	Formal punishment	Review subject; severity by offense and amount
Suspended pronouncement	Pronouncement deferred (2 yrs, Criminal Act Art. 60)	Review subject
Suspended sentence	Sentence deferred	Review subject; disposition depends on the case
Imprisonment served	Actual incarceration	Deportation ground after release (Immigration Act Art. 46(1)(13)); decided case by case

3. Five-Step Visa-Defense Strategy

Step 1. Prepare for the offense review during the criminal phase

Starting offense-review preparation only after the criminal track closes can leave little time. Secure these in parallel:

Settlement letter, victim's no-prosecution wish
Mitigation materials (family, work, contribution)
Reason letter (in Korean)

Step 2. Recast the disposition through the immigration lens

A "fine 2M KRW" reads differently to a judge vs. an Immigration officer:

Judge perspective: harm restoration, remorse, low recidivism
Immigration perspective: Korean contribution, deportation cost to Korean society, family separation, recidivism risk

Step 3. Reconstruct mitigation evidence for Immigration

Different from court-purpose materials.

Step 4. Run an attendance simulation

Practice the answers:

"Why did you come to Korea?"
"Why did this incident occur?"
"What are you doing to prevent recurrence?"
"What can you contribute by staying in Korea?"
"What would happen if you were deported?"

Short, clear, accountable.

Step 5. Post-decision follow-through

If the result is unfavorable:

Objection (행정심판) — within 90 days of learning of the disposition (Administrative Appeals Act Article 27(1))
Convert to voluntary departure — can be considered when the entry-ban period is set
Status change — apply for a different visa

4. Real Cases — Documents Decide Outcomes

Case A: Assault fine 2M KRW → Deportation

30s male, E-7 visa, dispute with coworker
Criminal: 2M KRW fine
Review: only judgment + ARC
Answer: "He started it"
Result: Deportation + 3-year entry ban

Case B: Assault fine 3M KRW → Status maintained

Same offense type, worse sentence
Review documents:
- Settlement letter + no-prosecution wish
- 8 years in Korea, Korean spouse, children
- Statement from corporate executive (key personnel)
- Anger-management therapy completion
- 3-year volunteer record
Tone: full responsibility + prevention plan + Korea contribution
Result: Status maintained + probation

The difference is not the offense or fine. It's document depth from the immigration perspective.

5. Five Common Mistakes

1. "The criminal case is closed, so I'm done." → The criminal case and the offense review are separate; the offense review is administrative. 2. "I paid the fine, Immigration will be lenient." → Fine payment alone is not mitigation. 3. "Non-prosecution means I'm safe." → Still subject to review. 4. "I'm married to a Korean, so no deportation." → F-6 still subject to review. 5. "Solo attendance + honest answers will be enough." → Honesty matters; structure matters more.

6. What Sunshine Adds

Sunshine Administrative Agency Office protocol:

Case analysis (same day)
Document collection and packaging (5–7 days)
Reason letter / petition drafting (3–5 days)
Attendance simulation (1–2 sessions)
Office attendance with translation
30-day post-decision strategy

7. Start Now

The criminal-incident moment is a good starting point. Starting after criminal closure can leave little time before the review appearance.

Initial consultation — Korean, English, Chinese, Japanese, Vietnamese.

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