For foreigners, a DUI in Korea can involve two separate procedures. "Your criminal case is closed." And then: "Immigration is calling you back in."
The latter is the Immigration Offense Review (사범심사). Even after the criminal track concludes with a fine, the Immigration Office runs a separate administrative procedure that can deny your visa renewal, issue a departure order, or order deportation.
This guide explains the procedure and the points to check after a DUI in Korea.
1. DUI to Offense Review — The Four Stages
Stage 1: At the Scene
- Blood-alcohol concentration (BAC) measurement → refusing the test is a separate offense (Road Traffic Act Article 148-2(2))
- License suspension or revocation notice issued
Stage 2: Criminal Process
- Prosecutor → summary order (fine) or full trial
- BAC and accident factors decide punishment
Stage 3: Offense Review Notice
- Issued by Immigration after criminal proceedings end
- Triggered automatically at visa renewal, or separately ordered
Stage 4: Review Outcome
- Status maintained / status change / departure order / deportation / entry ban
2. BAC Levels, Criminal Penalties and the Offense Review
Deportation can be ordered only on the grounds listed in Article 46(1) of the Immigration Control Act, and the actual outcome of the offense review depends on the individual case.
| BAC | Criminal Penalty (Road Traffic Act Article 148-2) |
|---|---|
| 0.03% to under 0.08% | Up to 1 yr imprisonment or fine up to KRW 5M |
| 0.08% to under 0.2% | 1–2 yr imprisonment or KRW 5–10M fine |
| 0.2% or more | 2–5 yr imprisonment or KRW 10–20M fine |
| Refused testing | 1–5 yr imprisonment or KRW 5–20M fine (Article 148-2(2)) |
| With accident | Additional charges may apply |
The immigration outcome is not set by BAC alone. Mitigation evidence (family, employer, contribution in Korea) is considered, and the disposition depends on the individual case.
3. Document Checklist Before the Review
Mandatory
- Criminal disposition notice (summary order or judgment)
- Roadside DUI report
- Alien Registration Card, passport
- Current visa copy
Mitigation
- Reason letter / petition (in Korean, written from Immigration's perspective)
- Employment certificate + four-major-insurance enrollment record
- Tax record (proof of contribution)
- Family certificate + child's birth certificate
- Volunteer activity certificate
- TOPIK score
- Settlement letter + victim's no-prosecution wish (if accident)
- Statement from supervisor or coworker (in Korean)
- Alcohol counseling / treatment certificate
At the Review
- Formal attire
- Multilingual scrivener or interpreter on standby (advance notice required)
- Concise, clear answers — no excuses
- Express remorse and concrete prevention plans
4. Two Real Cases — Same BAC, Different Outcomes
Case A: Insufficient documentation → Deportation
- 30s male, F-5-1 permanent residency
- BAC 0.12%, no accident
- Criminal fine: 5M KRW
- Review documents: minimal
- Result: Deportation + 5-year entry ban
Case B: Strong documentation → Status maintained
- 30s male, F-5-1 permanent residency
- BAC 0.13%, no accident
- Criminal fine: 7M KRW (worse than Case A)
- Review documents:
- 12 years in Korea, Korean spouse, two children
- Korean company executive, ₩80M annual income
- 5-year volunteer record
- Alcohol counseling completion certificate
- Statements from employer and Korean spouse
- Result: Permanent residency maintained + probation order
The difference is not BAC. It's document depth and preparation.
5. What an Administrative Scrivener Adds
Sunshine Administrative Agency Office brings:
(1) Pre-attendance simulation
Typical questions are practiced. Saying "I only had one drink" creates greater risk.
(2) Document packing and emphasis
Mitigation isn't just submitted — it's indexed and summarized so the officer can grasp the key points quickly.
(3) Verbal support during attendance
Where the foreigner's Korean may not capture nuance, the scrivener supplements from an administrative-law perspective.
(4) Post-decision strategy
As soon as the result arrives, we initiate objection (within 7 days of receiving a deportation order, Immigration Act Article 60(1)), status change, or voluntary-departure timing.
6. Five Common Misconceptions
1. "I paid the fine, so I'm safe." → Criminal and administrative are separate. 2. "First offense, they'll be lenient." → Even a first offense is reviewed; the disposition depends on the case. 3. "I'm married to a Korean, so no deportation." → F-6 still subjects you to review. Family matters but is not a shield. 4. "The criminal case is closed, so it's over." → The criminal case and the offense review are separate; the offense review is an administrative procedure. 5. "I'll just attend solo and tell the truth." → How clearly the facts and mitigation are documented is reviewed together with the other circumstances.
7. Start Now
If you've been caught for DUI, start preparing for the review even before the criminal track ends. Starting after the criminal case closes can leave little time before the appearance.
Sunshine Administrative Agency Office offers an initial consultation — Korean, English, Chinese, Japanese, Vietnamese all supported.
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