Criminal Complaints by Foreign Victims

The right to file a criminal complaint does not depend on nationality or status of stay. Still, foreigners whose period of stay has expired hesitate to report because they fear being handed over to the immigration office if they go to the police station. The Immigration Act requires public officials to report violators they discover, but it makes an exception allowing them not to notify when helping the victim must come first, such as in a criminal investigation.

This exception applies to investigations of crimes such as assault, bodily injury, intimidation, confinement, sexual crimes, theft, robbery and fraud, and to a labor inspector's investigation of unpaid wages, among others. However, the official in charge decides whether to notify, so the outcome cannot be guaranteed. Get advice before reporting and decide on the order and method.

A complaint can be made orally, but if the case is complicated or your Korean is limited, it is more accurate to write the complaint in advance. Write down when, where, who and what happened in chronological order, and attach a list of evidence. You can also submit a written statement in a foreign language.

You can also ask for an interpreter when you are questioned as a victim. If you feel very anxious or tense about the questioning, you can ask for a person you trust to be present with you (Criminal Procedure Act Article 221(3) and Article 163-2). After giving your statement, listen to the record again through the interpreter before signing.

If an investigation or trial is in progress because you were a victim of domestic violence, sexual violence or human trafficking, there is a special rule that allows you to receive extensions of stay until the procedure ends. If needed for recovery from the harm, the stay can be extended even after that.

To use this special rule, you need documents showing that the case is actually in progress. Keep your complaint receipt, case number and court documents safe.

If the offender is indicted, in some cases you can apply for a compensation order in the criminal trial and receive damages without a separate civil lawsuit. If you lost money, as in fraud cases, we also consider a provisional attachment (가압류) to freeze the offender's assets in advance.

If a crime victim dies or suffers a disability or serious injury and cannot receive compensation, there is a system under which the state pays crime victim relief money. Foreigners can receive it if they are nationals of a country with a reciprocal guarantee, or if they are, for example, the spouse of a Korean national and hold a specified status of stay such as permanent residency (Crime Victim Protection Act Article 23).

When a foreigner who is not fluent in Korean wants to file a complaint orally, the police must hear the statement through an interpreter and prepare a complainant statement record (Rules on Criminal Investigation Article 217(2)). If needed, you can also submit a written statement in a foreign language.

However, going through an interpreter takes a long time, and details are easily left out. Write down on paper in advance the details that must be accurate, such as dates, amounts and the other person's name, and bring it with you.