※ The article below includes part of an interview conducted directly by Majung.
※ Law Firm Majung is leading transformative changes in cases involving foreigners, setting precedents that no one else can replicate.
“If the defendant, as a foreigner, is sentenced to a fine above a certain amount, a deportation order may be issued.”
The Criminal Division 1 of the Changwon District Court (Presiding Judge Lee Joo-yeon) made this remark last December while lowering a foreign defendant A’s fine for a drunk driving violation (under the Road Traffic Act) from 9 million KRW to 2.9 million KRW. The decision took into account the so-called “3 million KRW wall,” where foreigners fined 3 million KRW or more face deportation from Korea.
The number of foreigners living in Korea continues to increase each year. According to statistics released by the Ministry of the Interior and Safety last October, as of two years ago the number of foreign residents reached 2.46 million, accounting for 4.8% of the total population. This was an increase of 200,000 from the previous year, with a record growth rate of 8.9%.
As the foreign population grows, the number of foreigners standing trial has also risen. According to the Supreme Court’s 2024 Judicial Yearbook, foreign criminal cases numbered 3,751 in 2014, surpassed 5,000 in 2019, and continued climbing to 5,854 in 2023. The number of cases appealed to the Supreme Court also reached 476 in 2023—roughly double that of a decade earlier.
While foreigners are subject to Korean law in the same way as locals, the severity of the punishment can put their lives in Korea at risk. This is because internal guidelines at the Ministry of Justice’s Immigration Office—the Criteria for Reviewing Foreigners with Confirmed Fines—classify foreigners as deportation candidates if they are fined 3 million KRW or more, or sentenced to probation or heavier punishment.
Attorney Baek Soo-woong of Law Office Earth, which specializes in foreigner cases, explained: “If they have children or a family, humanitarian grounds are considered, but if probation or more is imposed, the likelihood of a deportation order is extremely high. Particularly with drug- or sex-related crimes, even a deferred prosecution can lead to deportation.”
For this reason, the critical factor in foreigner cases is receiving a sentence light enough to avoid deportation. Foreigners wishing to continue their lives in Korea try to mitigate punishment by reaching settlements with victims and obtaining statements of non-punishment, or by submitting letters of reflection expressing their desire to remain in Korea.
Attorney Kim Joo-hyung of Law Firm Majung said: “Because these criteria are internal guidelines of the Ministry of Justice, most criminal court judges are not even aware of them. We inform the court of these circumstances and emphasize that, while the wrongdoing is acknowledged, deportation would infringe on rights such as family unity.”
Some critics argue that because the Immigration Office exercises wide discretion in issuing deportation orders, the standards remain unclear. Attorney Kim noted: “In practice, I’ve seen deportation ordered even when the fine was below 3 million KRW, and on the other hand, cases where probation was imposed but deportation was avoided. Because of this inconsistency, foreigners sometimes appeal even minor fines out of fear of what might happen.”
The Board of Audit and Inspection (BAI) had previously raised similar concerns. In its 2021 Report on the Management of Foreigners’ Immigration and Residence, it stated: “Between 2018 and 2019, of 281 foreigners fined for sexual offenses such as indecent assault, 177 were deported while 30 were permitted to continue residing in Korea.” It added: “Because immigration offices handle similar offenses inconsistently regarding deportation, it is difficult to ensure fairness and consistency in penalties for criminal acts.”
Source: Chosun Ilbo
Majung offers legal consultations for foreign residents in Korea who need legal assistance. Please contact us at the number below for more detailed advice. Majung Law Firm Foreign Center: 02-3143-1158 Online Consultation: https://majungforeign.kr/contact-en Read the Original Article
“Please Make It 2.9 Million Won...” Foreigners Disputing Sentences to Avoid Deportation Orders
– April 23, 2025, Chosun Ilbo, Reporter Kim Na-young
“If the defendant, as a foreigner, is sentenced to a fine above a certain amount, a deportation order may be issued.”
The Criminal Division 1 of the Changwon District Court (Presiding Judge Lee Joo-yeon) made this remark last December while lowering a foreign defendant A’s fine for a drunk driving violation (under the Road Traffic Act) from 9 million KRW to 2.9 million KRW. The decision took into account the so-called “3 million KRW wall,” where foreigners fined 3 million KRW or more face deportation from Korea.
The number of foreigners living in Korea continues to increase each year. According to statistics released by the Ministry of the Interior and Safety last October, as of two years ago the number of foreign residents reached 2.46 million, accounting for 4.8% of the total population. This was an increase of 200,000 from the previous year, with a record growth rate of 8.9%.
As the foreign population grows, the number of foreigners standing trial has also risen. According to the Supreme Court’s 2024 Judicial Yearbook, foreign criminal cases numbered 3,751 in 2014, surpassed 5,000 in 2019, and continued climbing to 5,854 in 2023. The number of cases appealed to the Supreme Court also reached 476 in 2023—roughly double that of a decade earlier.
While foreigners are subject to Korean law in the same way as locals, the severity of the punishment can put their lives in Korea at risk. This is because internal guidelines at the Ministry of Justice’s Immigration Office—the Criteria for Reviewing Foreigners with Confirmed Fines—classify foreigners as deportation candidates if they are fined 3 million KRW or more, or sentenced to probation or heavier punishment.
Attorney Baek Soo-woong of Law Office Earth, which specializes in foreigner cases, explained: “If they have children or a family, humanitarian grounds are considered, but if probation or more is imposed, the likelihood of a deportation order is extremely high. Particularly with drug- or sex-related crimes, even a deferred prosecution can lead to deportation.”
For this reason, the critical factor in foreigner cases is receiving a sentence light enough to avoid deportation. Foreigners wishing to continue their lives in Korea try to mitigate punishment by reaching settlements with victims and obtaining statements of non-punishment, or by submitting letters of reflection expressing their desire to remain in Korea.
Attorney Kim Joo-hyung of Law Firm Majung said: “Because these criteria are internal guidelines of the Ministry of Justice, most criminal court judges are not even aware of them. We inform the court of these circumstances and emphasize that, while the wrongdoing is acknowledged, deportation would infringe on rights such as family unity.”
Some critics argue that because the Immigration Office exercises wide discretion in issuing deportation orders, the standards remain unclear. Attorney Kim noted: “In practice, I’ve seen deportation ordered even when the fine was below 3 million KRW, and on the other hand, cases where probation was imposed but deportation was avoided. Because of this inconsistency, foreigners sometimes appeal even minor fines out of fear of what might happen.”
The Board of Audit and Inspection (BAI) had previously raised similar concerns. In its 2021 Report on the Management of Foreigners’ Immigration and Residence, it stated: “Between 2018 and 2019, of 281 foreigners fined for sexual offenses such as indecent assault, 177 were deported while 30 were permitted to continue residing in Korea.” It added: “Because immigration offices handle similar offenses inconsistently regarding deportation, it is difficult to ensure fairness and consistency in penalties for criminal acts.”
Source: Chosun Ilbo
Majung offers legal consultations for foreign residents in Korea who need legal assistance. Please contact us at the number below for more detailed advice. Majung Law Firm Foreign Center: 02-3143-1158 Online Consultation: https://majungforeign.kr/contact-en Read the Original Article
