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법률칼럼Legal InsightForeigner2026. 05. 19

foreigner facing criminal charges for a sex crime&How to deal with it

Contents 1. Because sex crime by foreigners are increasing 2. About the sentence of sex crime 3. How to respond with sex

Contents

1. Because sex crime by foreigners are increasing
2. About the sentence of sex crime
3. How to respond with sex crime
4. Case study-sex crime case and Majung's defence
5. Final words-How to respond strategically with sex crime case

1. Because sex crime by foreigners are increasing

As the number of foreigners residing in Korea continues to rise, incidents and accidents involving foreign nationals are also occurring more frequently. Recently, there has been a noticeable increase not only in cases related to drugs, phishing, assault, and drunk driving, but also in sex-related crimes such as prostitution and sexual assault. Because sex crimes are serious offenses that can leave lasting psychological and physical trauma on victims, penalties for such crimes have become increasingly severe. Foreign nationals are not exempt from punishment, and in fact, they may face additional consequences such as forced deportation, resulting in what is effectively a double penalty.

At MaJung Law Firm, which specializes in legal services for foreigners, we frequently receive criminal defense requests from clients of various nationalities—including China, the Philippines, Vietnam, and the United States—regarding sex crime charges. In today’s post, we will take a closer look at:

CHECK POINT
Criminal Penalty
The criminal penalties foreign nationals may face if involved in sex crimes
Response
How to respond when accused of such crimes
Case Study
Real case examples handled by Majung Law Firm

2. About the sentence of sex crime

ONE. Punishment for procuring prostitution

Q: "I ended up engaging in prostitution while looking for a high-paying part-time job to cover my living expenses. I’m a Chinese national staying in Korea on a student visa. What kind of punishment could I face?"

If a foreigner is involved in procuring prostitution, they may be punished under the Criminal Act of Korea or receive a criminal fine applicable to foreigners.

RESULT
Arranging or procuring prostitution
Those who arrange or procure prostitution may face up to 3 years of imprisonment or a fine of up to 30 million KRW.
Direct engagement in prostitution
Those who engage in prostitution directly may face up to 1 year of imprisonment, or a fine, detention, or minor penalty of up to 3 million KRW.

3. How to respond with sex crime

Sex crimes committed by foreigners involve not only criminal penalties but also immigration enforcement measures, making it essential to have a strategic approach that differs from ordinary criminal cases.

RESPONSE
Criminal Investigation Response
Provide a detailed explanation of the incident and assert your innocence.
Remorse and Explanation
Acknowledge your wrongdoing and emphasize sincere remorse.
Immigration Response
Prepare humanitarian reasons explaining why you must remain in Korea.

Majung Law Firm, specializing in legal services for foreigners, is composed of attorneys with prior experience working at the Korea Immigration Service. As a result, they have a clear and strategic understanding of how to navigate the Immigration Offender Review process. Because they know exactly which points need to be emphasized, they can respond to the review process efficiently and effectively.

i
Criminal procedures and immigration measures should be considered together.
Because immigration consequences may follow criminal punishment, strategic response from the early stage of the case can be important.

4. Case study-sex crime case and Majung's defence

The client who sought assistance from Majung Law Firm was a Chinese international student attending university in Korea. Living alone and struggling to cover living expenses, the client had taken on multiple part-time jobs. However, lured by the promise of earning a large sum of money quickly, they became involved in a sex crime mediation case.

The client was caught in a police crackdown and had already undergone police investigation. In the first trial, the court sentenced them to six months in prison, suspended for two years. Wishing to reduce the severity of the sentence and avoid forced deportation, the client turned to Majung Law Firm, a firm known for its expertise in defending foreign nationals.

RESPONSE
Majung’s Key Defense Arguments
First-time offender
The client had no prior criminal record—this was their first offense.
Limited involvement
Although involved in the mediation, the client did not pose any direct threat to the victim.
Reasons to remain in Korea
The client had strong personal reasons to remain in Korea, particularly related to their education.

First, Majung highlighted that the client was a first-time offender with no previous criminal history. They argued that the crime resulted from a moment of poor judgment, driven by financial hardship and the temptation of high-paying work, and earnestly appealed for leniency.

Second, while the client was involved in arranging the act, Majung stressed that they did not directly threaten or harm the victim. They further supported this by referencing the complaint filed by the buyer, which did not contain any direct accusations against the client.

Third, as the client was a student pursuing higher education in Korea, Majung argued that being deported would severely disrupt their academic and personal future. They pleaded sincerely for the court to consider the young client’s potential and future prospects.

RESULT
Sentence reduction and avoidance of deportation risk
Thanks to Majung’s strong and heartfelt defense, the original sentence of six months’ imprisonment with a two-year suspension was overturned. Instead, the court reduced the punishment to a fine of 2 million KRW, changing it from a prison sentence to a criminal fine, which is considered a significant success, especially for foreign nationals.

This outcome was made possible by Majung’s deep expertise in handling foreign criminal cases and their well-honed legal strategy. In the end, the client was fortunately able to avoid deportation and continue living in Korea to pursue their academic goals.

5. Final words-How to respond strategically with sex crime case

If a foreign national is sentenced to a criminal fine or punishment for a sex crime in Korea, it is strongly recommended to respond to both the criminal proceedings and the immigration measures at the same time.

This is because foreigners who commit sex crimes in Korea face a high risk of being deported. Therefore, if you wish to continue living in Korea, it is essential to seek help from a lawyer specializing in foreign criminal defense—someone who can defend not only the criminal charges but also any potential deportation orders.

CHECK POINT
Multilingual consultation
Multilingual consultation available in English and Chinese. Professional interpreters assist from the first consultation to the conclusion of the case.
Nationwide support
Offices in Seoul, Daejeon, Busan, Daegu, and Gwangju.

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

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