Assault Offense & Immigration Review in Korea

Assault and bodily injury offenses by foreign nationals in Korea can trigger a separate immigration offense review (사범심사) even after criminal proceedings conclude. The severity of injury and prior record significantly affect the outcome.

How Assault Affects Your Visa Status

Article 11 of the Immigration Control Act designates persons deemed a threat to public safety as subject to entry ban or immigration review. Assault convictions are also scrutinised during visa renewal and change applications.

• Simple assault (Art. 260): Minor cases — departure recommendation + re-entry ban up to 1 year
• Bodily injury (Art. 257): Moderate or severe injury raises forced departure risk
• Serious injury / aggravated assault: Forced departure and long re-entry ban possible
• Victim settlement (합의) is a significant mitigating factor

The Offense Review Process

After a criminal disposition for assault, immigration may initiate a separate offense review.

1. Police/prosecutor investigation concluded → Notification to immigration
2. Summons from Immigration Office
3. Officer interview (circumstances, severity, recidivism risk)
4. Decision: ① Continue stay ② Departure recommendation ③ Forced departure

How Vision Can Help

Our office provides:

• Representation and written opinion at the offense review
• Preparation of victim settlement and mitigating documents
• Negotiation for reduced penalty in first-offense or impulsive incidents
• Strategic response to protect your residency status

Frequently Asked Questions