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법률칼럼Legal InsightForeigner2026. 09. 23

[get a lawyer] Foreign Mutual Assault: Can It Affect Visa Status?

When a physical conflict occurs between foreign nationals in Korea, many people first focus on the criminal punishment.

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When a physical conflict occurs between foreign nationals in Korea, many people first focus on the criminal punishment.

However, for foreign nationals, the issue may not end after the criminal procedure.

Depending on the outcome of the case, immigration authorities may also review whether the person can continue maintaining their current status of stay in Korea.

Therefore, foreign mutual assault cases should be considered from both criminal and immigration perspectives. Consulting a get a lawyer service or legal professional familiar with foreign criminal cases can help review the possible impact on residence status.

01

Foreign Mutual Assault: Does Both Sides Fighting Mean No One Is Punished?

First, it is important to understand that “mutual assault” is not a separate crime under Korean law.

Even when both people were involved in a physical fight, investigators examine each person’s individual actions.

For example, even if the other person started by pushing first, repeatedly hitting the other person and causing injury may still result in criminal responsibility.

On the other hand, if the person’s actions were only for protection against an unfair attack, it may be necessary to review whether self-defense applies depending on the circumstances.

Therefore, in foreign mutual assault cases, simply saying:

“The other person also hit me”

is not enough.

Important factors may include:

Who started the physical conflict
The level of force used
Whether injuries occurred
The overall circumstances of the incident

Evidence such as:

CCTV footage
Witness statements
Medical records
Photos taken after the incident
Text messages or messenger conversations

may help explain what actually happened.

02

Foreign Mutual Assault: The Result May Differ Depending on Assault, Injury, and Settlement

Another important issue in foreign mutual assault cases is whether the case involves:

Simple assault Bodily injury

Simple assault and injury cases may be treated differently.

In a simple assault case, settlement and the victim’s request not to punish may have an important influence on the procedure.

However, if the other person suffered an injury, the situation may be different.

Even if the victim does not want punishment, the criminal procedure may not automatically end.

Settlement can still be considered when authorities determine the appropriate outcome, but the timing and method should be carefully reviewed.

For foreign nationals, there is another important point:

i
The criminal outcome may also become relevant when immigration authorities review the person’s residence status.
03

Foreign Mutual Assault: Does a Fine Mean There Is No Visa Problem?

This is one of the most common questions from foreign clients.

“If I only receive a fine, can I continue staying in Korea?”

Receiving a fine does not automatically mean that every foreign national must leave Korea.

However, it is also difficult to say:

“A fine will never affect my visa.”

Immigration-related issues may depend on various factors, including:

CHECK POINT
Immigration-related issues may depend on various factors, including:
01
Current visa status
02
Details of the incident
03
Criminal disposition
04
Previous legal history in Korea
05
Length of stay
06
Family and living circumstances

Therefore, if a foreign national expects a fine or has already received one, it is important to separately review whether the result may affect their residence status.

In foreign mutual assault cases, resolving the criminal matter through settlement does not necessarily mean that immigration concerns are automatically resolved.

A get a lawyer consultation can help review both the criminal procedure and possible immigration consequences.

04

Foreign Mutual Assault: Problems May Appear During Visa Extension or Status Change

Even if there is no immediate contact from immigration authorities after the criminal case ends, it does not always mean there will be no future issues.

When applying for:

Visa extension Change of status of stay Other immigration procedures

previous criminal records may be reviewed.

Therefore, foreign nationals involved in mutual assault cases should avoid thinking:

“I will finish the criminal case first and think about the visa later.”

Important matters may include:

Whether settlement was reached
How the incident occurred
Whether the person started the violence
The level of injury
Actions taken after the incident

If criminal punishment has already been imposed, it is important to check:

Current visa status
Remaining period of stay
Future extension or change plans
05

Foreign Mutual Assault: Why Criminal and Immigration Responses Should Be Considered Together

The key point in foreign mutual assault cases is that criminal procedures and residence issues may be connected.

Some foreign nationals focus only on reducing criminal punishment during the police investigation and only consider visa issues after the case is over.

However, criminal results may later affect immigration procedures.

Early preparation should include:

Organizing the timeline of events
Checking available evidence
Reviewing CCTV and witness information
Confirming medical documents

At the same time, it is important to review:

Current residence status Period of stay in Korea Previous criminal records Immigration history

For foreign nationals who are not fluent in Korean, accurate communication during police investigations is also important.

A misunderstanding during interpretation may result in statements being recorded differently from the actual situation.

FINAL NOTE

Foreign Mutual Assault: Consider Residence Issues After Criminal Punishment

Foreign mutual assault cases should not be approached with the assumption:

“The other person also hit me, so there will be no problem.”

or:

“If I pay the fine, everything is finished.”

Even when both sides participated in a physical conflict, each person’s actions may be separately evaluated.

For foreign nationals, the case may continue beyond criminal punishment because immigration procedures may also consider:

Visa status
Extension of stay
Change of status
Residence circumstances

Therefore, foreign nationals facing mutual assault investigations or who have already received criminal punishment should review both their criminal case and immigration situation together.

A legal professional or get a lawyer service experienced in foreign cases can help organize the facts and prepare an appropriate response strategy based on the individual circumstances.

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