9/30/2015

Deportation after Criminal Conviction in Korea: Korea Immigration Law Basics

Korea's Immigration Services has increased enforcement/deportation actions against foreigners convicted of crimes.  Upon exit from Korea, the Immigration Service has been instructing individuals to report to Immigration with the written judgment and confirmation that the fine (if any) was paid in full.  These records may be obtained from the Prosecutor's Office.

We advise reporting to Immigration, only, after an attorney reviews the matter and, potentially, writes a legal opinion to the Immigration Services of Korea.  If you live in the majority of the areas of Seoul, you should report to the Enforcement Unit on the 6th Floor of the Mokdong Immigration Office.

When choosing to plead guilty to a crime, please be aware that the choice may subject you to deportation.  Immigration has, frequently, deported for fines over KRW 2million and crimes that lead to suspended jail sentences or a greater sentence.  If you attorney advises you to plead guilty please make him aware, or better yet, obtain an attorney that is, already, aware of the full ramifications for pleading guilty.

Additionally, please be aware that "Permanent Residency" (F-5) can be taken from you and you may, still, be deported.
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Sean Hayes may be contacted at: SeanHayes@ipglegal.com.

Sean Hayes is co-chair of the Korea Practice Team at IPG Legal. He is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty. Sean is ranked, for Korea, as one of only two non-Korean lawyers as a Top Attorney by AsiaLaw.

Sean's profile may be found at: Sean C. Hayes