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법률칼럼Legal InsightForeigner2026. 09. 23

[Attorneys] Foreign Assault Cases in Korea: Criminal and Immigration Response

CONTENTS Contents 01 What happens after an assault case is reported? 02 Immigration review may continue after criminal p

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CONTENTS
Contents
01
What happens after an assault case is reported?
02
Immigration review may continue after criminal procedures
03
Why are the incident details and settlement important?
04
Why should criminal and immigration procedures be reviewed together?
05
Foreign assault cases require preparation beyond the police investigation

Hello, we are Majung Law Firm, a law firm specializing in foreign nationals.

For foreign nationals living in Korea, an assault case is not always limited to a simple criminal matter.

This is because, in addition to police investigations, prosecution procedures, and court decisions, immigration issues such as maintaining residence status, departure orders, or forced removal may also need to be considered.

In particular, the outcome of an assault case may vary depending on the circumstances of the incident, the extent of the damage, and whether an agreement has been reached with the victim.

i
Therefore, foreign assault cases require an understanding of both criminal procedures and immigration procedures.

Today, we will explain the important points that should be reviewed during the response process after a foreign national becomes involved in an assault case.

01

What happens after an assault case is reported?

When an assault case is reported, the first step is usually a police investigation.

If a foreign national is investigated as the suspect, they will be asked to explain what happened at the time of the incident and may submit supporting materials.

After the investigation, the case may be forwarded to the prosecution depending on the circumstances. If prosecution occurs, the case may proceed to criminal trial.

Not all assault cases result in the same outcome. The following factors may affect how the case is handled:

CHECK POINT
01
Whether it is simple assault or injury
02
Whether multiple people were involved
03
Whether a weapon was used
04
Whether there is previous criminal history
05
The level of damage caused

Therefore, in foreign assault cases, the first step is to accurately understand the facts and the current stage of the procedure.

02

Immigration review may continue after criminal procedures

For foreign nationals, the end of criminal procedures does not always mean that every issue has been resolved.

Immigration authorities may separately review the case based on the criminal outcome.

During this process, various factors may be considered, including:

Current residence status
Recovery of damages and agreement with the victim
Length of stay in Korea
Possibility of repeated violations
Details and seriousness of the incident
Family relationships and living foundation in Korea

Based on these circumstances, immigration authorities may review whether the foreign national can continue staying in Korea.

i
Therefore, foreign assault cases should not be approached only from a criminal perspective. Possible immigration consequences should also be considered from the beginning.
03

Why are the incident details and settlement important?

In assault cases, efforts to recover damages and reach an agreement with the victim may become important factors.

However, simply reaching an agreement does not automatically resolve every issue.

The following matters may also be reviewed:

How the incident occurred
The degree of physical force used
Whether injuries occurred
The attitude shown after the incident

For foreign nationals, consistency during the investigation process is especially important because criminal results may later become connected with immigration procedures.

i
If statements change repeatedly or submitted documents contain contradictions, it may affect how the case is evaluated.
Therefore, foreign assault response requires careful preparation from the early stages while considering the entire process.
04

Why should criminal and immigration procedures be reviewed together?

Foreign assault cases do not always end with criminal punishment.

Depending on the result, additional immigration procedures may follow, including:

Extension of stay review
Change of visa status
Departure order
Forced removal review

The matters considered may also differ depending on the type of residence status, such as:

Work visa Marriage visa (F-6) Overseas Korean visa (F-4) Permanent residence (F-5)

Therefore, it is important to review the appropriate response based on each person’s individual situation.

WHY MAJUNG?
Majung Law Firm reviews foreign criminal cases and immigration matters together.
We provide English and Chinese interpretation support and work with a Chinese-speaking attorney who graduated from Peking University.
We review not only the current progress of the case but also possible immigration procedures that may follow.
05

Foreign assault cases require preparation beyond the police investigation

Foreign assault cases are not resolved simply by attending a police investigation.

Criminal procedures may be followed by immigration reviews, and factors such as:

The circumstances of the incident
The extent of damage
Agreement with the victim
Residence status in Korea

may all become relevant.

i
Since early responses can affect later procedures, it is important to accurately understand what stage the case is currently in.

By reviewing both criminal and immigration issues together and preparing systematically, foreign nationals can better understand their options and proceed with the next steps.

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

Don’t face the legal system alone. Let Majung fight for you!

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