Criminal Case

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.

Our Firm’s Competitive Advantages

We have a team of specialized attorneys with over 10 years of experience handling foreign cases, enabling us to provide expert guidance—from investigations to visa issues—in a comprehensive, efficient, and cost-effective manner.

In addition, 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 of these strengths, embassies from various countries frequently contact us for consular assistance.

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.

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.

At this stage, the prosecutor reviews the records and evidence to determine whether to refrain from prosecution (e.g., opting for 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.

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 boasts a strong track record, including numerous successful acquittals, which underscores our expertise in effectively defending our clients throughout the trial process.

Immigration Review Phase: Navigating Deportation Risks

For foreign nationals, a court trial does not mark the end of the process.

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 leverages an in-depth understanding of the Immigration Office’s internal regulations to provide strategic advice and effective representation during this critical phase.

As a result, we have achieved many successful outcomes in immigration reviews, ensuring our clients receive the best possible chance to avoid deportation. 

Foreign Criminal Case Success Stories

Discover over 10 years of proven success across a wide range of cases.

Frequently Asked Questions (FAQ)

Q. I received a notice from the embassy that a family member has been arrested by the Korean police. What steps should I take?

A. 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.

Q. I received a notice from the police to appear. What should I do?

A. First, it is important to clearly determine why the police have requested your appearance. Depending on your situation, you may respond as follows:
• If you are being summoned as a witness: If you have been called 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 a suspect or might become one: If you are under suspicion of a crime or could potentially become a suspect, it is advisable to consult a lawyer before appearing.

This allows you to thoroughly review the nature of the case, the specifics of the allegations, and the best strategy for your defense.

Our office is here to help you determine the optimal course of action tailored to your situation. If you have any questions or concerns prior to your appearance, please feel free to contact us.

Q. I have already been interviewed by the police, but they do not believe my statement. What should I do?

A. There may be several reasons why the police do not trust your account. For example, the evidence submitted by the victim or collected at the scene might contradict your version of events.

First, it is important to carefully review whether the submitted or collected evidence is conclusive or if there are ambiguities. Based on your findings, you might consider the following strategies:
• Collecting additional evidence: Secure further evidence or obtain witness statements that support your account.
• Reaching a settlement with the victim: Explore the possibility of resolving the matter amicably through an agreement with the victim.
• Requesting leniency: Depending on the circumstances of the case, you may consider asking for leniency.

Our office is prepared to analyze your situation in detail and offer you the most effective response strategy. Please feel free to contact us if you require further consultation or assistance.

Q. I am a victim. Do you provide legal representation for victims?

A. Yes, absolutely. To protect your rights and help achieve an amicable resolution, we offer the following support:
• Assistance with filing a complaint: We help prepare a comprehensive complaint to ensure that the perpetrator is appropriately punished.
• Accompaniment and support during police investigations: We assist you in clearly communicating your position during the police investigation and, if necessary, accompany you throughout the process.
• Representation before investigative agencies and courts: We provide detailed explanations in response to any inquiries from the police, prosecution, or courts, and we help support your claims by submitting and gathering additional evidence.

We are committed to resolving the difficulties you face swiftly and effectively. Please do not hesitate to contact us.

Q. The police have forwarded my case to the prosecution, and they say it’s “not a big deal.” Is it really okay?

A. When the police forward a case to the prosecution, it indicates that, based on their investigation, they have determined there are grounds to punish you. The prosecution is likely to base its decision on this assessment, so the situation should not be taken lightly.

However, depending on the specific circumstances and evidence available, various outcomes are possible:
• No charges (Dismissal): In cases where the evidence is insufficient, an indictment may not be filed.
• Deferred prosecution: The indictment may be postponed under certain conditions.
• Indictment with a fine: For relatively minor offenses, a fine may be imposed instead of more severe penalties.
• Trial without detention: The case may proceed without pre-trial detention.

After carefully reviewing all possibilities, it is crucial to effectively communicate the case’s details and any mitigating factors to the prosecutor in order to secure a favorable outcome for you.

Our office will meticulously analyze your case and, if necessary, negotiate with the prosecutor to formulate the best possible strategy. Please feel free to contact us if you have any further questions or need additional consultation.

Q. Do Korean investigative agencies collect evidence that favors the suspect?

A. In theory, investigative agencies are expected to gather evidence favorable to the suspect to ensure a fair investigation. However, in practice, the police are unlikely to actively collect evidence on the suspect’s behalf. In particular, evidence with a limited retention period—such as CCTV footage or call records—may disappear while waiting for the police to investigate. Therefore, it is important that you collect and secure any evidence favorable to you on your own.

Q. I thought that someone who claims to be a legal expert in Korea would be a lawyer, but this person said they cannot accompany or assist me during police investigations, prosecutions, or trials. Is this person not a lawyer?

A. In Korea, there are several types of legal professionals. A lawyer has the authority to accompany you during police investigations, visit detention centers or prisons, and represent you in court. On the other hand, professionals such as judicial scriveners or administrative agents typically perform limited tasks such as document preparation or legal consultation.

If the person in question is unable to accompany you during a police investigation or represent you in court, it is likely that they are not a lawyer.

At Yeohae Law Firm, we actively represent our clients in all legal procedures—from police investigations to handling prosecutions and court trials.

Q. Can I send money, letters, or books to a family member in a Korean prison if I am overseas?

A. Yes, you can.

Q. I am concerned that my visa will expire while I am in prison. What should I do?

A. Even if you are incarcerated, your visa period will not be automatically extended. If you require a visa extension, you must apply for an extension separately by submitting the necessary documents that substantiate your circumstances. If you have any questions regarding the required documents or procedures, please feel free to contact us.

Q. Do you offer consultations in foreign languages?

A. Yes. Our consultation staff can provide services in English, Vietnamese, Russian, Thai, and Chinese.

Q. How long does the litigation process typically take?

A. A first-instance trial generally takes about 3 to 6 months.

Nationwide Legal Support

We are equipped to handle cases at police departments, prosecutors’ offices, courts, and immigration offices across the country. With litigation expertise in nearly 29 courts nationwide, we also offer convenient online consultations—no in-person visits required.

Outstanding Attorney Award by the Korean Bar Association

Yeohae Law Firm (led by Representative Attorney Kim Pyoungho) has been honored with the Outstanding Attorney Award by the Korean Bar Association for exemplary advocacy, among other merits.

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Sexual photo and video shooting

A crime of photographing or distributing the body of another person that may cause shame by using a mobile phone camera or micro-camera

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