법률칼럼

Legal Insights

Legal information on immigration, visas, criminal defense, and international divorce for foreign nationals.

법률칼럼Legal InsightForeigner2026. 05. 19

F4 Visa violation review caused by Hit-and-Run? Here's how to prepare

If a foreign national is investigated on suspicion of a hit-and-run, the consequences may extend beyond a simple crimina

If a foreign national is investigated on suspicion of a hit-and-run, the consequences may extend beyond a simple criminal penalty.

As soon as the case is filed, a review for visa violations (F-4 Visa Violation Review) may also begin, which can lead to procedures that significantly impact their residency status. Moreover, due to language barriers or unfamiliarity with the legal system, communicating with investigative authorities or preparing the necessary documents can be a major burden.

i
Early response is essential.
In cases involving foreign nationals, criminal proceedings and immigration issues may progress simultaneously. Delayed responses may make it more difficult to prepare an effective defense strategy.

In cases like this, the longer the foreign national hit-and-run case goes on, the more difficult it becomes to mount a proper defense. That’s why it’s crucial to have a response strategy in place from the early stages of the case—one that addresses both the criminal proceedings and immigration issues. In particular, receiving assistance from a legal representative who is experienced in foreigner-related traffic accidents can help in formulating a practical defense strategy that considers both criminal penalties and residency matters.

Contents

CHECK POINT
01
Foreign national's hit-and-run, consequences may be heavy then expected
02
Traffic accident charge, what should we prepare first?
03
Why do we need an assistance from legal attorney?
04
Final words

① Foreign national's hit-and-run, consequences may be heavy then expected

Ignoring a traffic accident involving a foreign national can have consequences far more serious than one might expect. If a foreigner is prosecuted on suspicion of a hit-and-run, the Road Traffic Act will generally apply, and if the victim is injured or loses their life, the Act on the Aggravated Punishment of Specific Crimes may also be applied, leading to even harsher penalties.

i
Criminal punishment is not the only issue.
A foreign national may also become subject to immigration procedures that could affect continued residence in Korea, depending on the outcome of the criminal case.
CHECK POINT
Criminal liability
The Road Traffic Act generally applies, while cases involving injury or death may additionally fall under the Act on the Aggravated Punishment of Specific Crimes.
Statutory penalties
If a life is lost, punishment may include life imprisonment or imprisonment for at least five years. Leaving the scene after causing injury may result in imprisonment for at least one year or a fine ranging from KRW 5 million to KRW 30 million.
Immigration review
If the imposed fine exceeds KRW 3 million, an F-4 Visa Violation Review may also be initiated.
Possible immigration measures
Depending on the seriousness of the case, visa extension denial, departure orders, or entry restrictions may be considered.

Therefore, it’s important not to focus solely on reducing the criminal sentence in a foreigner-involved traffic accident. A strategic approach that takes into account both criminal penalties and the immigration process that follows is essential. It must not be overlooked that the consequences after a final verdict may go beyond simple imprisonment or fines—they can directly affect the individual’s ability to reside in Korea.

② Traffic accident charge, what should we prepare first?

To set things right, a clear strategy must be in place from the very beginning. When being investigated for suspicion of a hit-and-run as a foreign national, simply explaining the facts is often not enough. Regardless of the level of punishment, the case can lead to an F-4 Visa Violation Review, so it’s crucial to set the right direction from the early stages of the investigation.

RESPONSE
A. Settlement with the victim
Reaching an amicable settlement and obtaining a letter of non-punishment may positively influence sentencing.
B. Explain the reason for leaving
Clarify whether the departure resulted from misunderstanding or unavoidable circumstances, as intent is an important factor in sentencing.
C. Prepare for immigration review
Prepare explanatory materials for both the criminal proceedings and any subsequent F-4 Visa Violation Review at the same time.

Therefore, instead of focusing solely on the investigation or trial, it is essential to simultaneously prepare materials and written statements for the visa review. This dual-track approach increases the chances of achieving a more stable outcome.

③ Why do we need an assistance from legal attorney?

What changes the outcome isn’t the punishment — it’s a well-prepared response. Being involved in a foreign national hit-and-run case doesn't mean that everything is resolved once the criminal trial is over. In reality, regardless of the trial’s outcome, the Immigration Office makes its own independent decisions, which is why a multi-faceted response strategy is essential, not a one-sided approach.

RESPONSE
Investigation stage
Determine appropriate statements and settlement strategies with the victim.
Trial stage
Organize supporting materials that may influence sentencing outcomes.
Immigration stage
Prepare explanatory documents and written opinions for submission to the Immigration Office.

Especially for foreign nationals, visa issues or departure orders can arise regardless of the court’s decision, meaning that simply preparing for the criminal proceedings is not enough. A more stable outcome is possible when working with a legal representative who has practical experience that includes immigration-related responses.

④ Final words

A criminal law specialist certified by the Korean Bar Association will work with you from the initial investigation through to the trial, helping to determine the right course of action and preparing statements and materials appropriate to the flow of the case. A legal representative with practical experience in immigration matters can identify factors that may lead to a deportation order in advance and assist in preparing explanatory documents to be submitted to immigration authorities.

i
Criminal proceedings and immigration procedures should be considered together.
Although criminal trials and F-4 Visa Violation Reviews are separate procedures, they are often closely connected in practice. Responding to both together may contribute to a more favorable outcome depending on the circumstances.

Thank you.

Foreign Specialized Support at Majung Foreigner Center
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!

③ Why do we need an assistance from legal attorney?

What changes the outcome isn’t the punishment—it’s a well-prepared response. Being involved in a foreign national hit-and-run case does not necessarily mean that everything is resolved once the criminal trial is over. In practice, the Immigration Office conducts its own independent review regardless of the court’s decision. For this reason, responding from only one perspective is often insufficient, and a strategy that considers both criminal proceedings and immigration issues is important.

RESPONSE
Investigation Stage
Determine appropriate statements, organize evidence, and consider settlement with the victim from the earliest stage of the investigation.
Criminal Proceedings
Prepare supporting materials and legal arguments that may influence sentencing while responding consistently throughout the proceedings.
Immigration Review
Prepare explanatory statements and supporting documents for the F-4 Visa Violation Review or other immigration procedures that may follow the criminal case.
i
Criminal proceedings alone may not determine the final outcome.
Even if criminal proceedings are completed, separate immigration decisions may still affect a foreign national’s ability to remain in Korea. Preparing for both procedures together may help achieve a more stable outcome depending on the circumstances.

Especially for foreign nationals, visa issues or departure orders may arise independently of the court’s judgment. For this reason, preparing only for the criminal proceedings is often insufficient. A response strategy that also considers immigration procedures may be beneficial depending on the circumstances.

④ Final words

A criminal law specialist certified by the Korean Bar Association may assist from the initial investigation through trial by helping determine an appropriate response strategy and preparing statements and supporting materials suited to the progress of the case. In addition, practical experience with immigration matters may help identify issues that could affect future residency and assist in preparing documents for submission to the Immigration Office.

i
Criminal and immigration procedures should be reviewed together.
Although criminal proceedings and F-4 Visa Violation Reviews are separate legal procedures, they are often closely connected in practice. Considering both processes together from the outset may contribute to a more comprehensive response.

Thank you.

Foreign Specialized Support at Majung Foreigner Center

Multilingual consultation is available in English and Chinese. Professional interpreters assist clients from the initial consultation through the conclusion of the case. Offices are located in Seoul, Daejeon, Busan, Daegu, and Gwangju.

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

상담 신청하기

Online
Phone KakaoTalk Online