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법률칼럼Legal InsightForeigner2026. 07. 28

[Get a Lawyer] What Happens After a Foreigner Is Caught for DUI in Korea?

For foreigners living or working in Korea, a DUI case does not always end after paying a fine or receiving a criminal de

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For foreigners living or working in Korea, a DUI case does not always end after paying a fine or receiving a criminal decision.

Many people believe:

“Once the criminal case is finished, everything is resolved.”

However, foreign nationals may face additional procedures because Korean Immigration authorities can separately review whether they can continue staying in Korea.

A DUI case may affect:

Visa status
Extension of stay
Residence eligibility
Departure orders
Deportation procedures

Especially for foreigners, drunk driving is not only a criminal issue but may also become an immigration matter.

If you are facing a DUI-related issue in Korea and are considering whether to get a lawyer, consulting an experienced international lawyer can help you understand both criminal and immigration procedures.

At Majung Law Firm, we assist foreign nationals dealing with criminal cases and immigration-related issues in Korea.

CONTENTS
01
What Happens After a Foreigner Is Investigated for DUI in Korea?
02
What Is an Immigration Review for Foreign Offenders?
03
Can DUI Affect Your Visa Status?
04
Why You Should Get a Lawyer Early
01

What Happens After a Foreigner Is Investigated for DUI in Korea?

When a foreign national is caught for drunk driving in Korea, the process usually begins with a police investigation.

After the investigation, depending on the circumstances, the case may proceed through:

1
Prosecutor review
2
Criminal court proceedings
3
Final criminal decision

However, criminal procedures are not always the final step for foreigners.

The case information may also be reviewed by Korean Immigration authorities.

During this process, factors such as the following may be considered:

RESULT
Blood alcohol concentration
Whether an accident occurred
Whether injuries occurred
Whether it is a first or repeated offense
The overall circumstances of the incident

Not every DUI case leads to the same result.

The outcome can vary depending on personal circumstances and how the case is handled from the beginning.

This is why foreign nationals should understand the entire process and consider whether they need to get a lawyer early.

02

What Is an Immigration Review for Foreign Offenders?

An immigration review for foreign offenders is a process where Korean Immigration authorities examine how a legal violation may affect a foreign national’s ability to maintain their residence status.

This review is separate from criminal punishment.

Authorities may consider various factors, including:

Details of the incident
Level of violation
Length of stay in Korea
Purpose of residence
Family relationships
Employment situation
Possibility of repeated violations

A DUI case does not automatically mean that a foreign national will lose their visa.

However, immigration authorities may evaluate the overall situation rather than only looking at the criminal punishment.

Therefore, a foreign national should prepare not only for the criminal process but also for possible immigration consequences.

An experienced international lawyer can help review the situation from both legal perspectives.

03

Can DUI Affect Your Visa Status in Korea?

A DUI incident does not always result in the same immigration outcome.

Some foreigners may continue maintaining their status depending on the circumstances.

However, immigration authorities may consider additional measures depending on factors such as:

Seriousness of the DUI
Accident or injury caused
Previous criminal history
Residence history in Korea
Family relationships
Employment or academic situation

For example, a foreign worker, student, or spouse living in Korea may need to provide evidence showing:

Stable residence in Korea Family relationships Employment history Efforts to prevent repeated violations

These materials can help explain the person's circumstances during the immigration review.

Therefore, simply completing the criminal punishment does not always mean the immigration issue is finished.

04

What Should Foreigners Prepare Before an Immigration Review?

When immigration authorities review a foreign national’s situation, objective documents can become important.

Possible supporting materials may include:

Employment documents
Proof of residence
Family relationship documents
Explanation letters
Evidence of reflection and prevention efforts
Documents showing stable life in Korea

The purpose of these materials is to explain the complete situation, including:

01
Why the person should continue staying in Korea
02
Their connection to Korean society
03
Their efforts after the incident

Because each case is different, preparation should be based on the specific facts.

05

Why Foreigners Should Get a Lawyer Early

Many foreigners focus only on the criminal punishment after a DUI incident.

However, for foreign nationals, the bigger concern may be:

“How will this affect my ability to stay in Korea?”

A DUI case can involve both:

01
Criminal procedures
02
Immigration procedures

Statements made during police investigations, documents submitted, and explanations provided may affect later decisions.

Getting legal assistance early can help you:

RESPONSE
Understand the investigation process
Prepare accurate statements
Organize supporting documents
Review possible immigration risks

If you are unsure whether you should get a lawyer, an experienced international lawyer can help you understand the next steps.

06

Why Choose Majung Law Firm?

Foreign nationals facing DUI and immigration issues need legal support that understands both Korean criminal procedures and foreigner-related matters.

Majung Law Firm assists clients with:

WHY MAJUNG?
Foreign DUI and Immigration, Why Majung?
✔ Attorneys with experience in the Investigation Division of the Korean Immigration Office
✔ Korean Bar Association-certified specialists in Visa & Refugee Law
✔ Korean Bar Association-certified specialists in Criminal, Family, and Industrial Accident Law
✔ English and multilingual consultation support
✔ Real-time interpretation services
✔ Video consultations available for overseas clients
✔ More than 12,000 foreign national cases handled

Our team understands that one criminal incident can affect not only punishment but also your visa, family, work, and future in Korea.

07

Protect Your Future in Korea

FINAL NOTE

For foreigners, a DUI case is not only about paying a fine or completing criminal procedures.

It may also affect:

Visa extension Residence status Future immigration procedures Ability to continue living in Korea

If you are dealing with a DUI case in Korea and need to get a lawyer, consulting an experienced international lawyer early can help you prepare for both criminal and immigration procedures.

Understanding the process early and preparing the right documents can make an important difference in protecting your future in Korea.

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
Don’t face the legal system alone. Let Majung fight for you!
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