When voices rise during a drinking gathering and emotions boil over, even conduct you thought was no more than a light touch can often lead to a police investigation for assault. Even a single act such as tapping or pushing someone’s shoulder can constitute simple assault. And if objects like a glass or a chair are involved, the case may be reclassified as special assault, which carries significantly heavier penalties.
For foreign nationals in particular, assault cases can result not only in criminal punishment and a permanent criminal record, but also in difficulties maintaining visa status depending on the fine or court ruling. In many cases, this ultimately leads to an exit order or deportation.
From the early stages, it is crucial to explore the possibility of reaching an agreement with the victim, and to review visa-related issues alongside the criminal investigation in order to minimize disadvantages.
Simply admitting fault does not resolve the situation. To conclude the matter quickly while protecting both the criminal and immigration aspects, the assistance of a legal representative familiar with both areas is essential.
Contents
1. Simple Assault vs. Special Assault: The Outcomes Are Completely Different
Even if you believe you only pushed someone lightly or made brief physical contact, a police investigation often leads to the case being classified as simple assault.
In such situations, the typical penalty is imprisonment of up to two years or a fine of up to 5 million won. For first-time offenders, cases are often resolved with relatively minor consequences.
However, the assessment can vary greatly depending on the circumstances.
If an object such as a beer bottle, a glass, or even a mobile phone was used, or if two or more people acted together, the case may be elevated to special assault. In these situations, the potential sentence increases significantly—to up to five years of imprisonment or a fine of up to 10 million won.
The real issue is that the consequences don’t end with the criminal process.
In many real cases, even a single fine has led to forced departure from Korea. This is why it is crucial to pursue a settlement with the victim early on and to obtain a statement of non-punishment when possible.
Especially in cases involving special assault charges, even first-time offenders cannot completely rule out the possibility of receiving a prison sentence. Therefore, it is essential to work with a criminal-law specialist as early as possible to establish a clear response strategy.
2. Why You Must Review Visa and Stay Issues After an Assault Case Involving a Foreign National
For foreign nationals who receive a conviction for an assault offense, it is too early to consider the case over.
Once criminal punishment is finalized, the next step may involve an immigration conduct review by the immigration authorities—a process commonly referred to as a “conduct screening” (사범심사).
This review is especially likely if the fine exceeds 3 million won or if a sentence of detention or imprisonment has been imposed. Cases involving serious charges, such as special assault, are frequently subject to this review.
The issue is that this process does not conclude simply by claiming unfairness or asking for leniency.
You must thoroughly prepare documents showing your living ties to Korea and the necessity of staying, and you must be able to present a legally persuasive explanation for why you should retain your visa status. Only then can the review outcome be influenced positively.
Ultimately, resolving the criminal matter alone is not enough.
In assault cases involving foreign nationals, strategic preparation for maintaining visa status is just as important as addressing the criminal charges. To manage all of these steps without missing anything, the assistance of a legal representative is essential.
3. A Step-by-Step Look at How to Respond to Assault Cases Involving Foreigners Through Real Examples
The client, a Vietnamese national, became the subject of an assault investigation after grabbing the arm of a Korean customer during an argument at a bar in Seoul.
Although it was an impulsive act that occurred while drinking—and the client admitted to it—the presence of CCTV footage and witness statements led the authorities to proceed with the investigation, and the case was eventually forwarded to the prosecution.
Because the client was not comfortable communicating in Korean, he struggled not only to explain the circumstances of the incident but also to communicate with and persuade the victim.
