When you should get advice
- I was caught drunk driving and am worried about my visa extension
- A fight broke out while drinking, and I was reported for assault
- I lent my bank account and debit card for what I was told was a part-time job, and now I am told it was used for voice phishing
- I am being investigated in a drug case because of something a friend gave me
- I received a fine through a summary order (약식명령) and am considering whether to request a formal trial
- I want to know whether I will be deported if I receive a suspended sentence
Relevant laws
Immigration Act Article 46(1)(13) (Persons Subject to Deportation)
A person released after being sentenced to imprisonment without labor or a heavier sentence can be subject to deportation. For permanent residents, the scope is narrower, such as people released after being sentenced to 5 years or more of imprisonment with or without labor who fall under Ministry of Justice ordinance.
Immigration Act Article 89(1)(5) (Cancellation or Change of Permits)
If a violation of this Act or other laws is serious, a stay permit or other permit can be cancelled or changed.
Road Traffic Act Article 148-2(3) (Drunk Driving)
A blood alcohol concentration of 0.03 percent or more but less than 0.08 percent is punishable by imprisonment of up to 1 year or a fine of up to KRW 5 million; 0.08 percent or more but less than 0.2 percent by imprisonment of 1 to 2 years or a fine of KRW 5 million to 10 million; and 0.2 percent or more by imprisonment of 2 to 5 years or a fine of KRW 10 million to 20 million.
Electronic Financial Transactions Act Article 6(3) and Article 49(4) (Transferring or Lending Access Media)
Transferring access media such as bank accounts, debit cards or certificates, lending them in exchange for payment, or lending them knowing they will be used for a crime is punishable by imprisonment of up to 5 years or a fine of up to KRW 30 million.
Statutes are summarized. The official Korean text is available at the Korea Law Information Center (law.go.kr).
Statutory Penalties for Cases Often Involving Foreigners
Drunk driving (0.03 percent or more but less than 0.08 percent)
- Legal basis
- Road Traffic Act Article 148-2(3)(3)
- Statutory penalty
- Imprisonment of up to 1 year or a fine of up to KRW 5 million
Refusing a breathalyzer test
- Legal basis
- Road Traffic Act Article 148-2(2)
- Statutory penalty
- Imprisonment of 1 to 5 years or a fine of KRW 5 million to 20 million
Assault
- Legal basis
- Criminal Act Article 260
- Statutory penalty
- Imprisonment of up to 2 years, a fine of up to KRW 5 million, short-term detention or a petty fine (cannot be prosecuted if the victim does not want punishment)
Bodily injury
- Legal basis
- Criminal Act Article 257
- Statutory penalty
- Imprisonment of up to 7 years, suspension of qualifications for up to 10 years or a fine of up to KRW 10 million
| Offense | Legal basis | Statutory penalty |
|---|---|---|
| Drunk driving (0.03 percent or more but less than 0.08 percent) | Road Traffic Act Article 148-2(3)(3) | Imprisonment of up to 1 year or a fine of up to KRW 5 million |
| Refusing a breathalyzer test | Road Traffic Act Article 148-2(2) | Imprisonment of 1 to 5 years or a fine of KRW 5 million to 20 million |
| Assault | Criminal Act Article 260 | Imprisonment of up to 2 years, a fine of up to KRW 5 million, short-term detention or a petty fine (cannot be prosecuted if the victim does not want punishment) |
| Bodily injury | Criminal Act Article 257 | Imprisonment of up to 7 years, suspension of qualifications for up to 10 years or a fine of up to KRW 10 million |
| Lending or transferring bank accounts or debit cards | Electronic Financial Transactions Act Article 49(4) | Imprisonment of up to 5 years or a fine of up to KRW 30 million |
| Telecommunications financial fraud (voice phishing) | Special Act on the Prevention of Loss Caused by Telecommunications-Based Financial Fraud and Refund for Loss Article 15-2 | Imprisonment for a limited term of 1 year or more, or a fine of 3 to 5 times the criminal proceeds (both may be imposed) |
| Fraud | Criminal Act Article 347 | Imprisonment of up to 20 years or a fine of up to KRW 50 million |
Based on laws in force as of October 2026. The statutory penalty is the range of punishment set by law, and the actual outcome depends on prior convictions, compensation to the victim, whether a settlement was reached and so on. In drug cases, the statutory penalty varies greatly depending on the type of drug and the act, so it must be checked separately.
Each outcome affects your stay differently
A person released after being sentenced to imprisonment without labor or a heavier sentence can become subject to deportation. A typical case is being released after serving a prison sentence. Prison wardens must notify the immigration office when the release of a foreign inmate is decided (Immigration Act Article 84(2)). That is why some people are handed over to immigration on the day they finish their sentence.
A fine is not included in 'imprisonment without labor or a heavier sentence', which is a ground for deportation. However, if the violation is serious, your stay permit can be cancelled, and the fine is counted against you in extension, change of status, permanent residency and naturalization reviews. Obtaining an outcome that avoids or defers punishment, such as a suspended indictment (기소유예) or a suspended sentencing (선고유예), makes a big difference for your stay.
Drunk driving and assault
Drunk driving is the most common type of case involving foreigners. If it is your first offense and the level is low, it often ends with a fine, but the fine record remains for immigration reviews. Refusing the breathalyzer test makes the punishment heavier, so do not refuse.
Assault is a crime that cannot be prosecuted if the victim does not want the offender punished. Settling with the victim can end the case, so it is important to try to apologize and settle early. However, if an injury results and the case becomes bodily injury, you can be punished even after settling.
If you lent your bank account and became involved in voice phishing
Many foreigners are investigated after handing over their bank account, debit card or certificate because someone promised them a part-time job or a loan. Lending them in exchange for payment, or knowing they will be used for a crime, is in itself punishable by imprisonment of up to 5 years or a fine of up to KRW 30 million. If you also withdrew and delivered money, you may be treated more harshly as an accomplice or aider in fraud or telecommunications financial fraud.
In these cases, the key question is what you knew at the beginning. Preserve the job advertisement, chat messages, and the amount and timing of any money you received exactly as they are. Resetting your phone or deleting messages will only work against you.
Drug cases and summary orders
Drug cases carry heavy penalties, and even use or possession alone can greatly affect your stay. Hair or urine tests and phone analysis are often carried out together, so it is important to decide on how you will give your statement before questioning.
Cases punishable by fines often end with a summary order (약식명령) without a trial. If you believe the amount of the summary order or the finding of guilt itself will cause problems for your stay, you can request a formal trial within 7 days of being notified (Criminal Procedure Act Article 453). The deadline is short, so check your mail as soon as you receive it.
Circumstances that affect the outcome and the immigration decision
Factors that work against you
- · Prior convictions of the same kind or previous immigration violations
- · Refusing a breathalyzer test, fleeing or deleting evidence
- · No compensation made to the victim at all
- · Signs of continued involvement in organized crime
Factors that work in your favor
- · First offense, with circumstances worth considering in how it happened
- · Settlement with the victim and compensation for the harm
- · A record of steady work and tax payments in Korea
- · Korean family members and raising children
- · Cooperating with the investigation and giving truthful statements
How the Jisan Law Foreigner Center responds
- 1
Calculating the effect on your stay
For each possible outcome, we consider the chances of extension of stay, cancellation of your stay permit and deportation, and set our goal.
- 2
Preparing for and sitting in on questioning
Through practice and sitting in on questioning, we help keep your statements consistent, and we check the interpreted statement record together.
- 3
Settlement and sentencing materials
We work on a settlement with the victim's side, gather evidence of your work, family and life, and submit it with a written opinion.
- 4
Responding to summary orders and judgments
If a summary order is issued, we decide whether to request a formal trial, and at trial we explain the effect on your stay as a sentencing factor.
- 5
Connecting to immigration procedures
If the immigration office starts an investigation or issues a decision after the outcome, we continue on to statements of opinion, objections and administrative lawsuits.
Lawyers handling these cases
Hansol Kim Managing Partner
Former prosecutor (Incheon, Ansan, Hongseong) · University of Toronto
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Miso Kim Partner
Studied English interpretation and translation (Hankuk University of Foreign Studies) · Former in-house counsel, Wemade
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Frequently asked questions
Will I be deported if I receive a suspended sentence?
The ground for deportation is 'a person released after being sentenced to imprisonment without labor or a heavier sentence'. A suspended sentence is still a sentence of imprisonment, so this ground can become an issue, but the actual decision is made by the immigration office after looking at the case and your circumstances in Korea. If a suspended sentence is expected, your circumstances in Korea should be explained from the trial stage.
Once I pay the fine, is the immigration issue over?
Paying the fine and the immigration review are separate matters. Your criminal record will be reviewed at your next extension or change of status application, so prepare the judgment or summary order together with materials explaining how it happened and how you have lived since.
I only lent my bank account and did not receive any money. Can I still be punished?
Even if you did not receive payment, you can be punished if there are signs that you knew or could have known it would be used for a crime. How you were asked and what you were told become the issues, so do not delete your chat records, and get advice.
If I receive a suspended indictment, is there no problem with my stay?
A suspended indictment is not a criminal penalty, so it does not count as 'imprisonment without labor or a heavier sentence', which is a ground for deportation. However, a decision not to indict remains in investigation history records, and these can be checked when needed for a foreigner's stay or naturalization permit (Act on the Lapse of Criminal Sentences Article 2(6) and Article 6(1)(6)). Keep the decision and the settlement agreement so you can explain what happened at your next extension application.