Foreign nationals living in the Republic of Korea are absolutely not exempt from criminal liability.
Like Korean citizens, foreigners must bear legal responsibility and can be punished for various offenses such as drunk driving, assault, and threats.
In particular, if a foreign national becomes involved in a criminal case and is investigated, the matter often does not end with the criminal trial alone.
A separate administrative process called a “Foreign Offender Review” is highly likely to follow.
Even after the criminal proceedings conclude, this is an important additional immigration review conducted under the Immigration Control Act to determine whether the person may retain their residency status.
In other words, even if a guilty verdict or fine has been finalized in a criminal trial, this does not mean that all legal procedures have concluded.
The immigration authorities will conduct a separate review to decide whether to continue granting the foreign national’s residence status or to issue a deportation order.
Hello. In this article, we will take a detailed look at the procedures and process of the Foreign Offender Review, and clearly explain what consequences may follow when a foreign national is punished for criminal offenses such as drunk driving.
We will also introduce concrete and practical strategies to avoid a deportation order, so please read on to the end.
Contents
1. What is the legal meaning of the Foreign Offender Review?
2. What is the immigration review process that proceeds separately from criminal procedures?
3. What are the key factors considered in a Foreign Offender Review?
4. What is the Foreign Offender Review procedure as seen through real cases?
5. How can deportation of a foreign national be avoided?
6. The Foreign Offender Review must never be taken lightly.
1. What is the legal meaning of the Foreign Offender Review?
A Foreign Offender Review refers to an administrative procedure in which the Korea Immigration Service under the Ministry of Justice re-examines the residency status of a foreign national who has committed a crime in the Republic of Korea, based on the outcome of the criminal trial.
Simply put, even after the criminal proceedings have fully concluded, it is the process of determining whether the individual should be allowed to continue residing in Korea.
If the person has no family or residence in Korea and is considered to pose a high social risk, deportation measures may be applied more strictly.
Moreover, even foreign nationals holding permanent residency (F-5) or a marriage migrant visa (F-6) are not exempt: if repeat offenses or serious crimes occur, they may face cancellation of stay and permanent entry bans.
3. What are the key factors considered in a Foreign Offender Review?
Immigration authorities do not decide whether to allow a foreign national to remain in Korea based solely on the outcome of the criminal punishment.
Instead, they closely review a range of factors, such as the following
Based on this multifaceted review, the decision on whether to maintain the foreign national’s permission to stay is made with great care.
4. What is the Foreign Offender Review procedure as seen through real cases?
Mr. P, a Vietnamese national, was caught driving under the influence after a company dinner.
His blood alcohol concentration was 0.082%, which met the threshold for license cancellation, and he was sentenced to a fine of 7 million KRW in criminal court.
Afterward, he received notice from the Ministry of Justice Immigration Office that a “Foreign Offender Review” procedure had been initiated.
As a result, Mr. P was able to continue working and living normally in Korea.
5. How can deportation of a foreign national be avoided?
It is not possible to prevent the deportation of a foreign national in every case.
However, if the following thorough preparations and efforts are made together, the likelihood of leniency can be significantly increased:
In this way, diverse supporting materials and proactive response efforts can have a decisive positive impact on the final decision made by the Immigration Office.
6. The Foreign Offender Review must never be taken lightly.
A Foreign Offender Review is not merely an administrative procedure; it is a critically important process that directly affects a person’s residency status as well as their livelihood and family relationships.
In particular, in criminal cases such as drunk driving or assault, even after a guilty or not-guilty verdict, there is always a parallel risk of deportation of a foreign national.
Law Firm Majung designs customized residency-maintenance strategies tailored to each case and provides practical support to help foreign nationals maintain a stable life in Korea.
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
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