Response to criminal review for a foreigner fined for a sexual offense / Strict warning disposition

1. Client Situation and Facts

The client was born in South Korea and faithfully completed his mandatory military service. He later went to the United States for graduate studies, during which time he married a Korean spouse residing there. To establish a stable family life, he acquired U.S. citizenship, which consequently led to the loss of his Korean nationality.

Shortly after earning his doctoral degree, the client returned to Korea, where he was fined 3 million KRW for violating prostitution-related laws. As a result, he received a criminal review notice from the immigration authorities regarding his residency status.

At the time, the client was employed in a research position at a major Korean conglomerate and was raising two children born in Korea. His spouse and elderly mother were also residing in Korea, meaning the entire family’s life was based in Korea.

2. Case Issues and ​Resolution Process

To support the client’s need to maintain residency status, Law Firm Majung presented the following three key arguments.

1) The client has shown sincere remorse for his past misconduct.

It was emphasized that the offense in question was a one-time incident that occurred approximately three years ago, and that the client has not been involved in any criminal activity since.

Following the finalization of his sentence, the client deeply regretted his reckless judgment and has since made efforts to prevent recurrence, maintaining a responsible and sincere lifestyle to this day.

This genuine remorse, the firm argued, should be seen as more than just a part of the criminal record—it should be an important factor in determining fairness.

A deportation order in this case would be excessive under the circumstances.

2) Forced deportation would pose a serious threat to the client’s family livelihood and caregiving responsibilities.

The client was the sole breadwinner, supporting two children, a spouse, and an elderly mother.

Particularly concerning was the fact that the second child was born extremely premature and still requires ongoing medical treatment, and the spouse is receiving treatment for postpartum depression.

The client's presence was absolutely essential to his family’s well-being. His deportation would not only endanger their financial stability but also jeopardize:

Law Firm Majung emphasized that such humanitarian concerns must be adequately considered when deciding on administrative measures like deportation.

3) The deportation order is an excessively harsh measure.

The client has been employed as a researcher at a major domestic corporation and has consistently contributed to the industrial sector, while diligently fulfilling social responsibilities such as tax payments.

Given the client’s substantial contributions to Korean society, to deprive him of his entire livelihood and living base due to a single mistake is an excessive punishment.

It was emphasized that the disadvantages and harm to the client and his family far outweigh any public interest the state might gain from enforcing the deportation.

3. Case Outcome​

4. Significance of the Judgement

When a foreigner receives a criminal punishment, even a simple fine can have a significant impact on maintaining their residency status. In particular, if a fine of 3 million KRW or more is finalized, the immigration authorities are likely to conduct a criminal review, which may lead to deportation. This case is an important example showing that despite the imposition of a fine exceeding a certain amount, a compromise outcome of a “strict warning” was possible by sufficiently demonstrating the client’s sincere remorse, the need to protect their family, and the substantial living foundation established in Korea.