When a foreign national is investigated or punished in connection with a criminal case, the matter does not necessarily end with the criminal proceedings. In many cases, a separate immigration review follows.
In particular, if a violation of the Immigration Act is confirmed, the individual becomes subject to an Immigration Offender Review, during which their immigration status will be reassessed.
Many people seek legal advice regarding their situation through consultations with an immigration lawyer, only to find that immigration issues begin even after their criminal case has concluded.
During consultations, one of the most common comments we hear is
"I thought everything would be over once I paid the fine."
However, it is important to understand that a violation of the Immigration Act is reviewed separately from the criminal case and, depending on the circumstances, may even result in deportation.
1. How an Immigration Act Violation Leads to an Immigration Offender Review
2. The Immigration Stage Can Be More Important Than the Criminal Case
3. The Outcome Is Influenced by the Police Investigation Stage
4. Departure Order vs. Deportation
1. How an Immigration Act Violation Leads to an Immigration Offender Review
Once a violation of the Immigration Act is identified, the process goes beyond criminal punishment and proceeds to an Immigration Offender Review, which determines whether the individual may continue residing in Korea.
At this stage, immigration authorities do not simply consider the violation itself. They also evaluate
👉 The possibility of continued residence in Korea
👉 The individual's level of settlement and ties to Korea
👉 The likelihood of reoffending
Immigration lawyers often describe this process as "an administrative review that begins after the criminal case has ended." Cses involving DUI, assault, or drug offenses are among the most common issues discussed during legal consultations for foreign nationals, and many of these cases do not simply end with the payment of a fine.
For example, in DUI cases, a blood alcohol concentration of 0.08% or higher may result in license revocation and a substantial fine. For foreign nationals,
however, the same incident may also lead to disadvantages during the Immigration Offender Review for violating the Immigration Act.
2. The Immigration Stage Can Be More Important Than the Criminal Case
In many cases, the period after the criminal trial has concluded is actually the more critical stage. Many foreign nationals delay seeking legal advice after the criminal case ends, only to receive a denial of visa extension or even a deportation notice.
The most important point emphasized by immigration lawyers is the need to respond immediately after the criminal case has concluded.
💡 During the Immigration Offender Review, authorities comprehensively consider
① The amount of the fine
② The circumstances surrounding the offense
③ Whether the victim's damages have been restored or compensated
④ The individual's previous criminal record
In some cases, if the fine exceeds a certain amount, the matter may proceed to deportation review based on the Immigration Act violation.
3. The Outcome Is Influenced by the Police Investigation Stage
Cases involving violations of the Immigration Act are affected from the very beginning of the police investigation.
Statements made during the investigation are often used later during the Immigration Offender Review.
The following issues are commonly identified during legal consultations with foreign nationals
👉 Inconsistent statements
👉 Insufficient explanation of the circumstances
👉 Statements that appear to avoid responsibility
When an immigration lawyer assists from the investigation stage, the client's statements can be organized systematically from the beginning, helping maintain consistency throughout the entire legal process.
💡 Ultimately, this stage is not merely a criminal investigation—it is the starting point that may determine whether the individual can continue residing in Korea.
4. Departure Order vs. Deportation
When a disposition is issued for violating the Immigration Act, it generally results in either a Departure Order or Deportation.
✅ The likelihood of deportation increases when any of the following apply
① A fine of KRW 3 million or more arising from a single criminal case
② Cumulative fines of KRW 5 million or more within the past five years
③ Repeated violations within two years
④ Multiple criminal convictions or sanctions
These standards are frequently discussed during legal consultations with foreign nationals and serve as important considerations when immigration lawyers develop response strategies.
However, even if one of these criteria applies, the outcome may still vary depending on factors such as
👉 The individual's ties and stability of life in Korea
👉 Family relationships
👉 Efforts made to prevent reoffending
If you have received a notice of Immigration Offender Review for violating the Immigration Act, the legal process has already begun.
However, this is not the stage at which the outcome has been determined—it is still a stage where the direction of the case may be changed.
By organizing your case with the assistance of an immigration lawyer and developing an appropriate response strategy through legal consultation, there may still be a meaningful opportunity to maintain your lawful immigration status rather than face deportation.
Ultimately, what matters most is when you begin responding and what materials you prepare.
Accurately understanding your current situation and responding in a systematic manner is often the most practical solution.
We encourage you to work together with the immigration lawyers at Majung Law Firm to resolve this issue.
Thank you.
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!
▶ Book Your Consultation Now! <Click>
▶ We're on KakaoTalk. Talk to us now! <Click>
