Criminal Defense for Foreign Nationals in Korea
Comprehensive support for foreign clients — from complaint filing and investigations to trial advocacy and immigration reviews.
Criminal Cases Involving Foreigners in Korea: Key Facts
- How long can the police hold someone after an arrest?
- Up to 48 hours. To keep the suspect in custody, a detention warrant must be requested within 48 hours of the arrest; otherwise the suspect must be released (Criminal Procedure Act, Article 200-2(5)).
- How long can detention last during the investigation?
- Up to 10 days with the police, then up to 10 days with the prosecutor, which a judge can extend once by up to 10 days (Criminal Procedure Act, Articles 202, 203 and 205).
- Can a lawyer attend police questioning?
- Yes. On request, the police must let a lawyer meet the suspect and attend the interview unless there is a justified reason not to (Criminal Procedure Act, Article 243-2).
- What can the prosecutor decide?
- Not to prosecute — including deferred prosecution — to seek a fine through a summary order, or to indict the case for a formal trial.
- Can a criminal case affect my visa?
- Yes. A foreign national sentenced to imprisonment or a heavier penalty and then released can be deported (Immigration Control Act, Article 46(1)(13)). Lighter outcomes, including fines, are also reviewed by immigration.
Where are you now?
Special Characteristics of Criminal Cases Involving Foreign Nationals
Unlike cases involving Korean nationals, even minor violations in cases involving foreigners can lead to visa cancellations, deportation risks, and a relatively higher likelihood of detention.
Furthermore, unfamiliarity with the Korean language, legal system, and culture makes it difficult for foreign clients to determine whether their actions constitute a crime or how to effectively defend themselves when they feel unjustly accused. Although interpretation services are provided by investigative agencies and courts, these interpreters are not legal advisors — they are appointed and compensated by the authorities — making it challenging for clients to have their grievances fully represented.
KakaoTalk consultation →How a Criminal Case Proceeds in Korea
- Day 0ArrestQuestioning by the police, possibly in custody
- Within 48 hoursDetention warrantRequested and reviewed, or the suspect is released (Art. 200-2)
- Up to 10 daysPolice detentionInvestigation in custody (Art. 202)
- Up to 10 + 10 daysProsecutor's decisionNo prosecution, summary fine or trial (Arts. 203, 205)
- After the outcomeImmigration reviewStay, departure order or deportation
Article numbers refer to the Criminal Procedure Act. The first two stages are when a lawyer can most often prevent detention.
- Key Considerations in the Investigation Phase
During the investigation phase, it is crucial to carefully decide whether to admit or deny the charges and to develop an appropriate response strategy.
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To that end, a comprehensive review of the case details, applicable charges, expected sentencing, presence of any victims, and the evidence is essential. If the evidence is clear, opting to deny the charges may increase the risk of detention, so caution is advised. Additionally, even minor cases involving foreign nationals may later lead to criminal reviews by immigration authorities, making it imperative to carefully determine the content of any statements made.
- Decision-Making in the Prosecution Phase
After the police complete their investigation, the case is forwarded to the prosecutor along with their recommended course of action.
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At this stage, the prosecutor reviews the records and evidence to determine whether to refrain from prosecution (for example, deferred prosecution or non-prosecution), to proceed with a summary prosecution involving a fine, or to request a formal trial aiming for a custodial sentence. This phase is particularly critical when the prosecutor is weighing options — such as choosing between deferred prosecution and a summary fine, or between a summary fine and a formal trial — as well as when deciding on the fine amount. The support of a lawyer is essential during these deliberations, especially since, for foreign nationals, even a fine can lead to deportation.
- Court Trial Phase: Strategies and Options
At the court trial stage, you may first face a detention review hearing aimed at determining whether you should remain in custody or be released pending trial.
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Successfully responding to this hearing — and securing a non-custodial status during the investigation and trial — is highly advantageous. Even if you are detained, there may be opportunities for release later through additional detention reviews or bail applications. Court trials in Korea typically take one of two forms: a jury trial (referred to as a “people participation trial”) or a bench trial conducted solely by a judge. Depending on the specifics of your case, choosing the most favorable trial format is crucial. During the trial, disputes will focus on the prosecutor's evidence, legal arguments, factual findings, and sentencing considerations. Our firm has a strong track record, including successful acquittals.
- Immigration Review Phase: Navigating Deportation Risks
For foreign nationals, a court trial does not mark the end of the process.
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Following a prosecutor's decision or a court judgment, the Immigration Office conducts an internal review (사범심사) to determine whether deportation is warranted. Our firm draws on an in-depth understanding of the Immigration Office's procedures to provide strategic advice and effective representation during this critical phase, and we have achieved many successful outcomes in immigration reviews.
Criminal Cases We Handle for Foreign Nationals
Voice Phishing Cases Involving Foreign Nationals
Field collector, courier and SIM box operator charges, and visa protection.
Learn more →DUI and Traffic Accidents
Drunk driving, unlicensed driving, injury accidents and departure bans.
Learn more →Sexual Offences
Rape, indecent assault and unlawful filming — defense and victim representation.
Learn more →Our Firm's Competitive Advantages
Experience With Foreign Cases
We have a team of attorneys with over 10 years of experience handling foreign cases, providing guidance from investigations to visa issues in a comprehensive, efficient and cost-effective manner.
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Our firm staffs interpreters who are fluent in various languages and deeply familiar with the corresponding cultures and the unique aspects of these cases. As a result, embassies from various countries frequently contact us for consular assistance.
Professional Interpreters
Global support available in English, Russian, Vietnamese, Chinese, Japanese and Thai. Receive a consultation from our professional advisors in your native language.
Nationwide Legal Support
We handle cases at police departments, prosecutors' offices, courts and immigration offices across the country, with litigation experience in nearly 30 courts nationwide. Online consultations are available — no in-person visit required.
Excellent Lawyer Award
Yeohae Law Firm (Representative Attorney Pyoung-ho Kim) received the Excellent Lawyer Award from the Korean Bar Association for exemplary advocacy, among other merits.
Selected outcomes in criminal cases
Personal information redacted. Each result depends on the facts of the case.
Criminal Defense Guides
- Assault Charges in Korea: What Foreign Nationals Need to KnowCharges, settlement and visa consequences after an assault allegation
- Arrested for Voice Phishing in Korea: What Foreign Suspects Need to KnowCouriers, collectors and the first days after arrest
- Drug Possession in Korea: What Happens to Foreign Nationals After ArrestTesting, detention, penalties and deportation
- Sexual Assault Allegations in Korea: What Foreign Nationals Should KnowInvestigation, evidence and immigration consequences
- Illegal Filming in Korea: Charges, Penalties, and Visa ConsequencesPhone searches, penalties and the immigration review
- Exit Ban for DUI in Korea: When Foreign Nationals Cannot LeaveHow a departure ban works and how it is lifted
- Accused of School Violence in Korea: A Three-Stage Defense GuideSchool committee, police and juvenile proceedings
Related pages
- Voice Phishing Cases Involving Foreign NationalsField collectors, couriers and SIM box operators — defense and visa protection
- DUI Exit Ban in Korea for ForeignersDrunk driving, traffic accidents and departure bans
- Drug Crimes Involving Foreign NationalsPossession, distribution and smuggling — defense and visa protection
- Rape Cases in KoreaDefense and victim representation in sexual offence cases
- Stalking Charges in KoreaRestraining measures, investigation and defense
Frequently Asked Questions
I received a notice from the embassy that a family member has been arrested by the Korean police. What steps should I take?
If a family member has been arrested, there is a possibility that they could be detained within a day or two, so prompt action is necessary. First, verify the reason for the arrest to determine whether it was unjust, and then prepare appropriate measures before detention occurs.
I received a notice from the police to appear. What should I do?
First, it is important to clearly determine why the police have requested your appearance. If you are being summoned as a witness in someone else's case, you need to clearly understand the case's context and your role in it. If you are under suspicion of a crime or could become a suspect, it is advisable to consult a lawyer before appearing, so that the nature of the case, the specifics of the allegations and the best strategy for your defense can be reviewed in advance.
I have already been interviewed by the police, but they do not believe my statement. What should I do?
There may be several reasons why the police do not trust your account — for example, evidence submitted by the victim or collected at the scene may contradict your version of events. First, carefully review whether that evidence is conclusive or ambiguous. Depending on the findings, options include securing further evidence or witness statements that support your account, exploring a settlement with the victim, or asking for leniency.
I am a victim. Do you provide legal representation for victims?
Yes. We help prepare a complaint so that the perpetrator is appropriately punished, accompany you during the police investigation so that your position is clearly communicated, and respond to inquiries from the police, prosecution and courts while gathering and submitting additional evidence.
The police have forwarded my case to the prosecution, and they say it's "not a big deal." Is it really okay?
When the police forward a case to the prosecution, it indicates that, based on their investigation, they found grounds to punish you, and the prosecution is likely to build on that assessment, so the situation should not be taken lightly. Depending on the evidence, outcomes range from no charges or deferred prosecution to a summary fine or a trial without detention. It is crucial to communicate the case's details and any mitigating factors to the prosecutor effectively.
Do Korean investigative agencies collect evidence that favors the suspect?
In theory, investigative agencies are expected to gather evidence favorable to the suspect. In practice, the police are unlikely to actively collect evidence on the suspect's behalf, and evidence with a limited retention period — such as CCTV footage or call records — may disappear in the meantime. It is therefore important that you collect and secure favorable evidence yourself.
Someone who claims to be a legal expert in Korea said they cannot accompany me during police investigations, prosecutions or trials. Is this person not a lawyer?
In Korea, a lawyer can accompany you during police investigations, visit detention centers or prisons, and represent you in court. Professionals such as judicial scriveners or administrative agents perform limited tasks such as document preparation. If the person cannot accompany you during a police investigation or represent you in court, it is likely that they are not a lawyer.
Can I send money, letters, or books to a family member in a Korean prison if I am overseas?
Yes, you can.
I am concerned that my visa will expire while I am in prison. What should I do?
Even if you are incarcerated, your visa period will not be automatically extended. If you require an extension, you must apply separately with documents that substantiate your circumstances.
Do you offer consultations in foreign languages?
Yes. Our consultation staff can provide services in English, Vietnamese, Russian, Thai, and Chinese.
How long does the litigation process typically take?
A first-instance trial generally takes about 3 to 6 months.
Representative Attorney Pyoungho Kim
- 2011
- Passed the Judicial Examination
- 2011
- 1st Bar Exam Reviewer (Ministry of Justice)
- 2012
- 54th Judicial Examination Reviewer (Ministry of Justice)
- 2013
- Seoul Central District Court Civil Conciliation Committee
- 2013
- Deputy Prosecutor at Jeonju District Prosecutors' Office
- 2013
- Professional Institutional Training in the Office of a National Assembly Member
Full career (12 more)
- 2013
- KOTRA Washington Trade Center — Study on U.S. Government Procurement Laws
- 2015
- Member, International Committee of the Korean Bar Association
- 2015
- Member, Autonomous Committee for Countermeasures against School Violence, Seoi Elementary School, Seoul
- 2017
- Director and Legal Advisor, Korea Paragliding Association
- 2017
- Member, Review Committee, Seoul Bar Association
- 2017
- Seoul Family Court Adult Guardian
- 2020
- Delegate, The Law Times
- 2020
- Regulation Reviewer, Seoul Entrepreneurs Association
- 2020
- Member, Committee for the Protection of School Rights, Seoi Elementary School, Seoul
- 2021
- Korean Bar Association Young Lawyer Award
- 2021
- Excellent Lawyer selected by the Korean Bar Association
- 2023
- Member, Administrative Action Deliberation Committee, Ministry of Land, Infrastructure and Transport (current)
Education: Yonsei University, Department of Physics · Languages: Korean, English · Press coverage (Naver News, Korean)
Certifications and awards
Reviewed by Pyoung-ho Kim, Attorney at Law · Last updated 8 November 2026
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Tell us briefly what happened, whether anyone is in custody, and any notices you have received. Our team replies to initial inquiries in English and, where the matter calls for it, arranges a consultation with a Korean lawyer. You do not need to have everything organised before you write.
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