Hello,
This is Majung Law Firm, a team of South Korean lawyers dedicated to helping foreign nationals with criminal and immigration matters.
If you're a foreign national living or working in Korea, you may think that once your criminal case ends, everything is over.
Unfortunately, that's not always true.
One of the most common questions we hear is:
Others ask:
Do I need to get a lawyer?
Will I lose my visa?
Can I continue staying in Korea?
Many people don't realize that a DUI case may involve two completely separate procedures:
Even after your criminal case is completed, Korean Immigration may begin an Immigration Offender Review to determine whether your immigration status should be affected.
If you're looking for a South Korean lawyer or wondering whether you should get a lawyer, understanding this process early can make a significant difference.
1. What Is the Immigration Offender Review?
Many foreign nationals believe that once they pay a fine or receive a court decision, the legal process has ended.
However, a South Korean lawyer will often explain that immigration authorities conduct a completely separate review.
Rather than looking only at the criminal offense itself, Immigration may also consider:
Because every situation is different, two people involved in similar DUI cases may receive completely different immigration outcomes.
If you are unsure whether your case may proceed to immigration review, this is often the stage when many people decide to get a lawyer.
2. What Happens After a Foreign DUI in Korea?
If a foreign national is arrested for DUI, the case generally begins with a police investigation.
Depending on the circumstances, it may then proceed through the prosecutor's office and the court.
Afterward, the case information may also be forwarded to Korean Immigration.
If Immigration determines that further review is necessary, an Immigration Offender Review may begin.
During this review, Immigration may consider factors such as:
Blood alcohol concentration
Whether an accident occurred
Whether anyone was injured
Whether this is a repeat offense
Not every DUI case is treated the same.
First-time offenses, repeat offenses, accidents, and injuries may all lead to different outcomes.
For this reason, many foreign nationals choose to get a lawyer before the immigration process begins rather than waiting until after receiving an official notice.
3. What Does Immigration Review?
An Immigration Offender Review is not limited to reviewing the criminal sentence.
Instead, Immigration may evaluate a variety of factors, including:
Because Immigration reviews each person's overall circumstances, two individuals involved in similar DUI cases may receive different decisions.
Supporting documents that objectively explain your situation may also play an important role during the review.
If you're considering whether to get a lawyer, this is often one of the most important stages of the process.
4. Can a DUI Affect Your Visa?
Many foreign nationals believe that once the criminal proceedings end, their immigration status automatically remains unchanged.
However, that is not always the case.
Depending on the circumstances, Immigration may:
Factors such as:
The seriousness of the accident
The extent of any injuries
Repeated legal violations
may all influence the review.
Because immigration procedures operate separately from criminal proceedings, understanding both processes is essential.
This is another reason why many people decide to consult a South Korean lawyer before responding to Immigration.
5. Why Early Preparation Matters
Preparing for Immigration involves much more than simply explaining what happened.
Objective documents that demonstrate your ties to Korea may also be reviewed.
These may include:
It is equally important to carefully review any documents requested by Immigration and submit them within the required deadlines.
Many foreign nationals wait until Immigration contacts them before trying to get a lawyer, but preparing earlier often allows for a more organized response.
6. Why Many Foreign Nationals Choose Majung Law Firm
Many people searching for a South Korean lawyer or trying to get a lawyer are not only looking for legal advice—they want someone who understands both criminal law and immigration law.
At Majung Law Firm, we provide comprehensive legal support for foreign nationals through:
Because immigration and criminal proceedings often move together, our team carefully reviews both processes before developing a legal strategy.
Understanding the Process Early Can Make a Difference
Many foreign nationals focus only on the criminal sentence after a DUI.
However, Immigration procedures may continue even after the criminal case has ended.
If you're looking for a South Korean lawyer, wondering whether you should get a lawyer, or have questions about how a DUI may affect your visa, obtaining legal advice early may help you better prepare for both the criminal and immigration procedures ahead.




