How a fine or suspended sentence affects your stay

The following is based mainly on the standards set by law. The actual immigration decision is made by the immigration office after looking at how the case happened and your circumstances in Korea.

• Suspended indictment (기소유예): this 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, it remains in investigation history records, which can be checked when needed for a stay or naturalization permit (Act on the Lapse of Criminal Sentences Article 6(1)(6)).
• Fine: it is not included in 'imprisonment without labor or a heavier sentence', which is a ground for deportation, but it counts against you in extension, change of status, permanent residency and naturalization reviews, and if the violation is serious, it can be a ground for cancelling your stay permit.
• Suspended sentence (집행유예): this is still a sentence of imprisonment with or without labor, so the ground for deportation can become an issue.
• Prison sentence (실형): you can become subject to deportation when released after serving your sentence, and prison wardens must notify the immigration office of foreigners whose release has been decided.
• Permanent residents: permanent residency can be cancelled only in specified cases, such as a final sentence of imprisonment with or without labor of 2 years or more.

For Korean nationals, the difference between a fine and a suspended indictment may not seem large, but for foreigners it makes a big difference at the next immigration review. So even if you admit the allegations, it is important to fully submit evidence of compensation to the victim, settlement, remorse and your life in Korea at the investigation stage.

When the prosecutor decides on the outcome, the effect on your stay can be considered as one of the circumstances. Describe your family, job and long life in Korea specifically in a written opinion.

Cases punishable by fines often end with a summary order (약식명령) without a trial. You can request a formal trial within 7 days of receiving the summary order (Criminal Procedure Act Article 453). In a formal trial, you can dispute the amount of the fine or seek a suspended sentencing (선고유예).

A suspended sentencing is a system under which, when imposing imprisonment with or without labor of 1 year or less, suspension of qualifications or a fine, the court defers pronouncing the sentence if the defendant shows clear remorse (Criminal Act Article 59). It is not available to people with a prior conviction of suspension of qualifications or heavier. It is an option worth considering in cases where your stay is at stake.

When deciding a sentence, the court considers the defendant's circumstances and what happened after the offense. For a foreign defendant, we explain with evidence that the sentence may lead to deportation or refusal of stay, and how family members in Korea would be affected. However, immigration circumstances alone do not make the sentence lighter, so compensating the victim and showing remorse come first.

Jisan Law looks at the criminal case and your stay together. At the investigation stage, we work to reduce the outcome through practice for questioning, sitting in on questioning and written opinions, and at trial we organize your immigration circumstances as sentencing materials. 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. If you have received a summary order, contact us through the chat on this page before the 7 days pass.