CONTENTS
- 1. Foreign Criminal Cases | Operating a Center to Protect the Rights of Wronged Foreigners
- 2. Foreign Criminal Cases | What Are the Differences From Domestic Criminal Cases?
- - The Combination of Criminal Punishment and Immigration Disadvantages
- 3. Foreign Criminal Cases | If You Are Involved in a Criminal Case, Turn to the Foreign Litigation Center
- - Major Fields of Foreign Criminal Cases
- 4. Foreign Criminal Cases | Facing Criminal Punishment and Forced Deportation—Consultation Available Right Now
1. Foreign Criminal Cases | Operating a Center to Protect the Rights of Wronged Foreigners
Have you become embroiled in a foreign criminal case and found yourself in the position of an accused party?
Becoming a party to a criminal case and being contacted by the police or the prosecution is frightening for anyone.
Moreover, clearly explaining your position to Korean investigators who question you using an unfamiliar Korean legal system and terminology is even harder.
An even bigger problem is that a foreign criminal case does not simply end with a criminal punishment such as paying a fine.
In Korea, depending on the outcome of the criminal punishment in a foreign criminal case, fatal immigration disadvantages such as visa cancellation, an order to depart, forced deportation (compulsory expulsion), and an entry ban follow in a chain reaction for the foreigner.
Daeryun's Foreign Litigation Center defends foreign clients who are unfamiliar with Korean law so that they do not receive unjust punishment, and protects foreigners' rights through a one-stop legal system that spans from responding to the criminal case to defending the immigration violation review.
2. Foreign Criminal Cases | What Are the Differences From Domestic Criminal Cases?
When handling a foreign criminal case, you must approach it with a completely different perspective and method from an ordinary domestic (Korean) criminal case.
In particular, cases often arise in which the interpretation provided during an investigation by an investigative agency fails to convey the client's intent with 100% accuracy.
At such times, a single word misstated unintentionally may be mistaken for a confession, leading to unfavorable criminal punishment.
In addition, a foreigner who has few acquaintances or no guardian in Korea also faces a high risk of the case leading to detention-based investigation.
Once a detention-based investigation begins, gathering evidence favorable to yourself becomes extremely difficult.
The Combination of Criminal Punishment and Immigration Disadvantages
The Immigration Control Act of the Republic of Korea provides that entry may be denied to a ‘person for whom there are substantial grounds to believe they are likely to engage in conduct that harms the interests of the Republic of Korea or public safety.’
In particular, if you receive a criminal punishment of a fine of 3 million KRW or more in a foreign criminal case, there is a high likelihood that you will undergo a violation review and that a forced deportation measure will be imposed.
In addition, if you are sentenced to imprisonment or a heavier penalty and then released, you become subject to forced deportation.
In Korea, even a foreigner who holds permanent residency, if they commit a violent crime such as murder, rape or forcible molestation, robbery, or drug offenses and are given a final sentence of 2 years or more of imprisonment or confinement, will be issued a forced deportation order, and the life they have built in Korea will collapse in an instant.
Therefore, a foreign criminal case absolutely requires the assistance of an attorney specializing in foreign litigation who understands both criminal law and the Immigration Control Act at the same time.
3. Foreign Criminal Cases | If You Are Involved in a Criminal Case, Turn to the Foreign Litigation Center
We will tell you why, when you are in crisis due to a foreign criminal case, you should choose Daeryun's Foreign Litigation Center among the countless law firms.
We accurately grasp your current situation and the charges in your native language (or a language you are comfortable with). Because our firm has staff specializing in foreign litigation in English, Japanese, Chinese, Vietnamese, and more, multilingual legal consultation is possible. In addition, an attorney specializing in foreign litigation provides an initial assessment of the expected severity of the criminal punishment in the foreign criminal case and its impact on immigration and the visa, and devises a strategy for you.
During police and prosecution questioning, an attorney specializing in foreign litigation attends with you and protects you on-site at the investigative agency so that a confession is not coerced and your statements do not give rise to misunderstanding.
We systematically collect materials favorable to the client (a solid foundation in Korea, bonds with acquaintances and family, circumstances showing that the client is working diligently, a record of volunteer activities, and so on).
If it is certain that the client committed the crime, we bring about an amicable settlement with the victim.
We draft the pleadings to be submitted to the court and defend you fiercely.
After the foreign criminal case has concluded, we accompany you to the immigration/foreigner authority's violation review and assist you to the very end so that you can maintain your Korean residency status (visa).
Major Fields of Foreign Criminal Cases
At the Foreign Litigation Center, we assist with the major crimes in foreign criminal cases in the following ways.
1. Drunk driving and traffic accidents
Even a simple case of drunk driving may make you subject to an order to depart, depending on whether it is a repeat offense or on the amount of the fine. An attorney specializing in foreign litigation accompanies you in the questioning from the police investigation stage and defends you with the goal of a suspension of indictment or a reduction of the fine.
2. Assault, bodily injury, and altercation cases
If you are charged with assault for striking someone during an altercation arising from cultural differences or miscommunication, we find a way to quickly conclude the case by asserting mutual assault and self-defense or by bringing about a swift settlement with the victim.
3. Violation of the Act on the Control of Narcotics, etc.
If you were caught bringing into Korea or using narcotics that are not illegal in your home country, we prove with objective evidence that you had no intent to commit a narcotics crime.
4. Voice phishing (voice phishing withdrawal / delivery agents) and transfer of bank accounts
We reveal the innocence of foreign clients who were deceived by talk of a ‘high-paying part-time job’ and exploited as mere delivery or withdrawal agents, and we actively assert innocence or a suspension of indictment on charges of fraud and aiding and abetting fraud.
5. Sex crimes and digital sex crimes
For unjust charges of sexual molestation or sex crimes arising from cultural differences in the understanding of physical contact, we can prove your innocence by conducting precise CCTV analysis and restoring conversation records.
6. Violation of the Immigration Control Act and crimes related to illegal stay
For immigration crimes such as illegal employment, lending a bank account, and submitting false documents, we assist with the voluntary surrender procedure or help through an objection or administrative litigation so that your residency status is not changed.
4. Foreign Criminal Cases | Facing Criminal Punishment and Forced Deportation—Consultation Available Right Now
Within the Korean legal system, a foreigner embroiled in a foreign criminal case is inevitably in a vulnerable position.
However, no one should suffer a disadvantage merely because they do not speak the language or because they are not well versed in Korean law.
A foreign criminal case is divided into two extreme outcomes depending on how it is handled at the outset—whether you can continue to live in Korea, or whether you are forcibly expelled to your home country.
Even in the moments you spend hesitating, the golden time of the criminal case is passing.
Do not agonize over the difficult legal procedures alone; please turn to Daeryun's Foreign Litigation Center, which truly understands the hearts of foreigners and presents practical solutions.
The strengths of Daeryun's Foreign Litigation Center
