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법률칼럼Legal InsightForeigner2026. 07. 15

[South Korean Lawyer] Foreign DUI in Korea: Immigration Review After a DUI

Hello, This is Majung Law Firm , a team of South Korean lawyers dedicated to helping foreign nationals with criminal and

썸네일

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:

i
"I already paid my fine. Why is Immigration contacting me?"

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:

Criminal proceedings Immigration review

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.

CONTENTS
Contents
What Is the Immigration Offender Review?
What Happens After a Foreign DUI in Korea?
What Does Immigration Review?
Can a DUI Affect Your Visa?
Why Early Preparation Matters
Why Many Foreign Nationals Choose Majung Law Firm

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.

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The Immigration Offender Review examines whether a violation of Korean law should affect your ability to continue staying in Korea.

Rather than looking only at the criminal offense itself, Immigration may also consider:

CHECK POINT
The circumstances of the incident
The seriousness of the violation
Your period of stay in Korea
Your family relationships
Your employment and ties to Korea
The possibility of reoffending

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.

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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.

PROCESS
What Happens After a Foreign DUI in Korea?
1
police investigation
2
prosecutor's office and the court
3
Korean Immigration
4
Immigration Offender Review

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:

CHECK POINT
Your length of stay in Korea
Your visa purpose
Family relationships
Employment and economic activity
The circumstances of the offense
Your level of remorse
The likelihood of reoffending
The criminal disposition

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.

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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.

i
A DUI does not automatically result in the same immigration decision for everyone.

Depending on the circumstances, Immigration may:

RESULT
Allow your current visa to remain valid, or
Review possible administrative measures affecting your immigration status.

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:

CHECK POINT
Employment history
Family relationships
Residence in Korea
Evidence of remorse
Efforts to prevent future violations

It is equally important to carefully review any documents requested by Immigration and submit them within the required deadlines.

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Because criminal proceedings and immigration procedures may affect one another, preparing for both at the same time is often beneficial.

Many foreign nationals wait until Immigration contacts them before trying to get a lawyer, but preparing earlier often allows for a more organized response.

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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:

WHY MAJUNG?
Why Many Foreign Nationals Choose Majung Law Firm
✔ Former Immigration Office Investigation Division Attorney
✔ Korean Bar Association Certified Lawyers in Immigration, Visa & Refugee Law
✔ Korean Bar Association Certified Lawyers in Criminal, Family & Workers' Compensation Law
✔ English-speaking legal consultations
✔ Online video consultations available worldwide
✔ Experience handling more than 12,000 foreign national cases

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.

i
Understanding how the Immigration Offender Review works—and preparing appropriate documents early—can help you better understand your legal situation and the next steps available to you.

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.

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