Rape Cases in Korea for Foreign Nationals
Defense for foreigners accused of rape, and representation for victims — from the first police interview to the immigration review.
Rape Cases in Korea: Key Facts
- What counts as rape under Korean law?
- Sexual intercourse by means of violence or intimidation, punishable by at least three years' imprisonment (Criminal Act, Article 297). Other penetration by violence or intimidation is punished as imitative rape with at least two years (Article 297-2).
- Is lack of consent alone enough?
- Korean law has no separate offence of rape based on lack of consent alone. However, exploiting a person's unconsciousness or inability to resist — for example through alcohol or drugs — is punished in the same way as rape (quasi-rape, Article 299).
- Does the case end if the victim withdraws the complaint?
- No. Rape is prosecuted even if the victim does not file a complaint or withdraws it.
- How long can a case be brought?
- Generally within 10 years (Criminal Procedure Act, Article 249(1)(iii)), with special rules that can extend or exclude the period in certain cases.
- What happens to the visa of a foreigner who is convicted?
- A foreign national sentenced to imprisonment and released becomes subject to deportation (Immigration Control Act, Article 46(1)(13)). Even with a suspended sentence, immigration is likely to order departure.
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Rape Under the Korean Criminal Act
“A person who, by means of violence or intimidation, has sexual intercourse with another shall be punished by imprisonment with labor for a limited term of at least three years.”
Criminal Act, Article 297 (Rape)
This is the basic provision. Depending on the type of act, the age of the victim and the relationship with the victim, aggravated forms can carry penalties up to life imprisonment or the death penalty. Related offences include quasi-rape, which exploits a person's unconsciousness or inability to resist because of alcohol, drugs or other causes (Article 299), and imitative rape — penetration of the mouth, anus or other body parts, or with fingers or objects, by violence or intimidation (Article 297-2).
Criminal Defense for Foreigners in Korea
If you are involved in any crime in the Republic of Korea as a foreigner, get proper legal advice as soon as possible.
Foreigners are more likely to be detained because many do not have fixed housing in Korea and are seen as able to leave the country. They are often unfamiliar with Korean legal procedures and find it difficult to ask for help. Because statements during the investigation are made through an interpreter, it is often hard to convey the intended meaning, and a single mistranslated word can determine guilt or innocence. Foreigners must also undergo a review by the Immigration Office on whether their residence status should be cancelled after the criminal proceedings. It is therefore important to get help from a lawyer with expertise in both criminal and immigration law.
Speak to us confidentially on KakaoTalk →Rape Cases We Have Handled
Reconstructed from actual cases to protect personal information.
- The American defendant, while staying at a hotel in Dongducheon, raped the victim when a hotel employee entered the room with food he had ordered and they were alone.
- The Japanese defendant found the victim sitting alone on a park bench, blocked her way, gestured to her to help find a dog, held her so that she could not escape, took her to his house and raped her.
- The Chinese defendant invited a Japanese victim he had met at an exchange students' gathering to his house to drink with friends, stopped her from going home when the others left, and attempted to rape her.
- The foreign defendant met an American victim at a club and exchanged Instagram IDs. He later contacted her to meet in Yeonnam-dong (Hongdae), drank with her, and dragged her, drunk, to a parking lot where he attempted to rape her.
- The Chinese defendant came to know a naturalized Korean victim through an interpreter, invited her to his house on Jeju Island for a meal, took her phone and car key, and raped her.
- The Vietnamese defendant offered to find work for a Vietnamese victim who had come to Korea to help her younger sister raise her children, drove her into the mountains and raped her.
Show 2 more cases ↓
- The Kazakh defendant gained the trust of a victim of the same nationality through the chat app Badoo, told her to come to the motel where he was staying, and raped her.
- The Hong Kong defendant approached the victim on the street in Seoul, claimed to run an American company and exchanged contact details. He invited her to a wine bar and, when she was drunk, took her to his residence upstairs in the same building and attempted to rape her.
Defense and Victim Representation
Excellent Lawyer Award
Representative Attorney Pyoung-ho Kim received the Excellent Lawyer Award from the Korean Bar Association in recognition of his dedication to his cases and clients.
Criminal and Immigration Together
We handle the criminal case and the immigration review that follows, so the defense strategy takes the effect on your stay in Korea into account from the start.
Representation for Victims
We prepare complaints, take part in the investigation and submit written opinions so that perpetrators take proper legal responsibility.
Consultation in Your Language
Consultations in English, Vietnamese and Thai; other languages by advance booking.
Sexual Offence Guides
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Related pages
- Indecent AssaultViolence, intimidation or sudden touching that causes sexual humiliation
- Unlawful FilmingPhotographing or distributing another person's body without consent
- Criminal Defense for Foreign NationalsArrest, detention, trial and the immigration review
- Stalking Charges in KoreaRestraining measures, investigation and defense
Frequently Asked Questions
In Korea, will the perpetrator be punished even if the victim does not file or withdraws a complaint?
Yes. Rape is prosecuted even if the victim does not file a complaint or later withdraws it.
Can the perpetrator be punished if there is no evidence other than the victim's statement?
Yes. Even without other evidence, a conviction is possible if the victim's statement is found credible.
Is sex without consent treated as rape in Korea?
Korean law has no separate offence of rape based on lack of consent alone; rape under Article 297 of the Criminal Act requires violence or intimidation. However, exploiting a person's unconsciousness or inability to resist — for example because of alcohol or drugs — is punished in the same way as rape (quasi-rape, Article 299).
What is the statute of limitations for rape?
Generally 10 years (Criminal Procedure Act, Article 249(1)(iii)). Special rules can extend or exclude the limitation period in certain cases, for example where the victim was a minor.
Could I be arrested during the police investigation of a rape allegation?
Yes. If the suspicion appears well founded or the case is serious, there is a possibility of arrest during the police investigation.
What is the punishment for rape in Korea?
Rape carries imprisonment for at least three years (Criminal Act, Article 297). Aggravated forms, depending on the act, the victim's age and the relationship with the victim, carry heavier penalties.
Does a rape conviction affect my visa?
Yes. A foreign national sentenced to imprisonment and released becomes subject to deportation (Immigration Control Act, Article 46(1)(13)). Even with a suspended sentence, immigration is likely to order you to leave Korea.
Can I get a consultation in a foreign language?
Yes. We currently provide consultations in English, Vietnamese and Thai. For other languages, please book in advance.
When should I appoint a lawyer?
The most important thing is the statement you give to the police during the investigation, so we recommend appointing a lawyer to represent you from the police investigation stage.
Is there any disadvantage if I refuse to give a statement to the police?
You have the right to refuse to make a statement. Where there is clear evidence, however, refusing to give any statement can work against you, so decide with your lawyer.
Can I tell the police that I will give a statement after my lawyer arrives?
Yes. You have the right to have a lawyer present during police questioning (Criminal Procedure Act, Article 243-2). It is better to be questioned after your lawyer arrives, because what you say without a lawyer can work against you.
Can a rape victim be represented by a lawyer?
Yes. Yeohae Law Firm currently represents rape victims: we prepare complaints, take part in the investigation process and submit written opinions so that perpetrators take proper legal responsibility.
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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