Contents
1. Even it was a mistake, It is still an assault.
2. About the sentence of assault caused by foreigners
3. Assault case caused by foreigners could lead to deportation
4. How to respond against deportation caused by assault
5. How to accelerate your response in assault case
1. Even it was a mistake, It is still an assault.
Recently at Majung, there has been a series of consultations from foreign clients concerning deportation due to assault cases involving foreigners. A common theme among these incidents is the claim: “I was drunk and made a mistake.” These individuals are generally law-abiding citizens, but after consuming alcohol, they lost self-control and committed acts of violence. The severity of the cases varies—from light punches to more serious instances, such as threatening someone with a metal pipe. In situations where the victim is Korean, they sometimes demand excessive settlement amounts, taking advantage of the foreigner’s precarious immigration status. One client who contacted Majung hoped to settle the matter for 2 million won, but the other party demanded double that amount—4 million won—leaving the client in a very difficult situation. Ultimately, the client failed to reach a settlement and was referred to the prosecution. They have since sought advice from Majung regarding how to respond to potential deportation. Today’s post will explore the punishment for assault by foreigners, how foreigners should respond to police investigations, and the steps to deal with forced deportation.
2. About the sentence of assault caused by foreigners
In assault cases involving foreigners, not only are there instances of ordinary assault such as punching, but cases of special assault involving dangerous objects are also frequently observed.
Crime of Special Assault: A criminal offense that is established when a person commits an act of violence against another's body while possessing a dangerous object.
Because a dangerous object that could potentially cause bodily harm was used, the act of assault is subject to aggravated punishment, leading to stricter penalties. Dangerous objects include firearms, blades, bats, hammers, iron pipes, and any type of weapon capable of posing a threat to a person. If a special assault is committed using such objects, the offender may be sentenced to up to 5 years in prison or fined up to 10 million Korean won.
3. Assault case caused by foreigners could lead to deportation
Meanwhile, when a foreigner is punished for assault, it’s not only criminal penalties that must be considered—immigration consequences must also be taken into account. In other words, once the criminal process is completed, the individual will undergo a crime review by the Immigration Office, which requires advance preparation.
However, please be aware that if the assault is significantly severe—such that leniency from the victim cannot be expected—the individual may become subject to deportation regardless of the fine amount.
4. How to respond against deportation caused by assault
When a foreigner is involved in an assault case, the response taken from the early stage can have a significant influence on the later process. In particular, because many foreigners are not fluent in Korean, misunderstandings may occur during police investigations if statements are made without sufficient preparation.
Since police investigations and criminal cases require prompt action, it is important to prepare an appropriate response strategy from the early stage. Foreign suspects also have the right to appoint a lawyer, and exercising the right to remain silent until a legal representative arrives may be considered depending on the circumstances.
If you are not able to accept the deportation order?
When filing an objection or administrative lawsuit, factors such as procedural issues, whether the person is a first-time offender, whether a settlement has been reached with the victim, and whether the victim has expressed a desire not to punish may be considered comprehensively.
5. How to accelerate your response in assault case
When a foreign national residing in Korea becomes involved in a criminal case, language barriers may make it difficult to respond systematically. Since police investigations and criminal procedures require prompt action, seeking assistance from a lawyer familiar with foreigner-related cases may help organize the response more effectively.
In addition, a foreign national’s criminal record can be treated seriously by the Immigration Office, and there is a possibility that a deportation order may be issued. Therefore, it is advisable to obtain support from a lawyer experienced in handling foreign nationals' legal matters in order to prepare for possible forced deportation.
Don’t face the legal system alone. Let Majung fight for you!
