Criminal Defense for Foreign Nationals in Korea
Integrated Expertise in Investigation, Trial, and Immigration Consequences
1. Unique Challenges in Criminal Cases Involving Foreign Nationals
When a foreign national becomes involved in a criminal case in Korea, the difficulty extends far beyond legal issues. Language barriers, limited cultural understanding, and unfamiliar procedures make the process significantly more complex. The Constitutional Court of Korea has affirmed that foreign nationals have the same constitutional right to a fair trial and to personal liberty.
Key issues commonly arise in the following areas:
Jurisdiction
Korean courts may have jurisdiction even if the alleged offense occurred outside Korea (Criminal Act Articles 5–6).
Interpretation Accuracy
Under Article 180 of the Criminal Procedure Act, inadequate interpretation can restrict a defendant’s right to defense.
Immigration Consequences
A conviction can immediately affect visa extension, status of stay, or even lead to deportation (Immigration Control Act Article 85).
2. Protection of Rights During Investigation and Trial
Foreign nationals are entitled to the same right to counsel as Korean citizens. However, due to language barriers, the lawyer’s role becomes even more critical.
Right to Counsel
Constitutionally protected from the earliest stage of investigation.
Accurate Interpretation
Precise interpretation is indispensable for a fair trial.
Consular Assistance
Foreign defendants may request assistance from their home country’s consulate.
During trial, misinterpretation and cultural misunderstandings can affect credibility judgments. Courts must consider the unique nature of foreign national cases when evaluating evidence.
3. Criminal Proceedings and Immigration Measures
Foreign nationals face interconnected criminal and immigration consequences:
Deportation
Deportation may proceed immediately after a sentence is served (Immigration Control Act Article 85).
Exit Ban
The Minister of Justice may impose an exit ban during investigation or trial (Article 29).
Protection of Foreign Victims
Victims of human trafficking or similar crimes may receive special protections such as stay extensions or deferred deportation.
Our Approach: Decent Law Firm’s Strategy for Foreign National Cases
Decent Law Firm prioritizes understanding the client’s language, cultural background, and communication style. Effective communication is essential to identifying the facts accurately and preventing unnecessary misunderstandings in court.
We analyze each case from both a criminal law perspective and an immigration perspective, recognizing that foreign national matters involve both domains simultaneously. Supported by the Constitutional Court’s interpretation of treaty obligations (Korean Constitution Article 6(2)), we ensure that international rights and treaty protections are fully considered.
When necessary, we engage in international judicial cooperation, including obtaining evidence abroad and seeking recognition of foreign court decisions—tasks that require specialized cross-border experience.
4. Our Team’s Strength in International Matters
Our attorneys include graduates of New York University (NYU) and the University of Michigan, with extensive experience navigating global criminal and immigration issues.
We provide full-scope support from:
- Early-stage investigation
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Court representation
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Post-conviction immigration measures (deportation, visa revocation, overstay issues)
Decent Law Firm is committed to standing by foreign nationals who face legal difficulties in an unfamiliar country—protecting their rights from the beginning to the very end.
