Can a criminal conviction in Korea get me deported?

It can, but not every conviction does. The clearest deportation ground under the Immigration Act (출입국관리법) is a sentence of imprisonment, meaning 징역 or 금고, followed by release. A fine on its own usually does not open deportation proceedings, with one important exception: for a short list of serious crimes, such as sexual offences, drug offences, robbery and murder, immigration may remove a person whatever the sentence was. Even where removal is not possible, the conviction follows you into every later application: an extension, a change of status, permanent residence. That is why the kind of sentence your case ends with matters for your stay almost as much as the verdict.

Which outcome of the criminal case affects what?

How the criminal case ends	Deportation ground?	Other immigration effects
No indictment (불기소), including a suspended indictment (기소유예)	No	Usually none, though immigration may already know an investigation took place
Fine (벌금), often through a written summary order (약식명령)	Not by itself, except for the listed serious crimes	Weighed at extension and status change; permanent residence closed for 3 years after the fine is paid
Suspended prison sentence (집행유예)	Treat it as a real risk; see below	No permanent residence application until 5 years have passed from the final judgment
Prison sentence actually served (실형)	Yes, once released	Immigration can start the procedure while you are still in prison

About the suspended sentence: the law speaks of a person "sentenced to imprisonment or heavier and released". Immigration offices tend to read that broadly, and a suspended prison sentence is still a prison sentence on paper. Plan as if it counts, and ask a lawyer how your local office handles it.

Which crimes can lead to removal even with only a fine?

The Act lets the Ministry of Justice add deportation grounds by rule, and the rule names specific offences. They include murder, rape and indecent acts, and robbery under the Criminal Act (형법); any crime under the sexual violence special act (성폭력범죄의 처벌 등에 관한 특례법); drug crimes; and some offences under other special laws. A person who committed one of these may be deported when the immigration office finds it appropriate. The word is "may": the office decides, and family, length of stay and the facts of the case can be put in front of it.

I have permanent residence (F-5). Am I safe?

Much safer, but not fully. A permanent resident can be deported only in narrow cases, the main one being a sentence of five years or more for one of the serious crimes above. However, the permanent status itself can be cancelled. Grounds include a final sentence of two years or more for crimes under laws the ministry designates, which include the Criminal Act and the sexual violence act, or prison sentences adding up to three years or more within the last five years. After cancellation the person can receive a departure order, unless immigration grants an ordinary long-term status on application.

How does immigration find out?

You should assume it will. Any state or local official who comes across a deportation ground while doing their job has to pass it on, and police officers and court staff are officials like any other. Prisons and detention centres, for their part, send immigration a notice as soon as a foreign prisoner's release date is fixed. If a deportation order has been issued by then, the prison hands the person directly to immigration officers on the day of release. A detained suspect who already has a deportation order and is not indicted is also handed over on release. In practice, "release" can mean a transfer to an immigration detention facility (외국인보호소) until travel is arranged.

Deportation order or departure order: what is the difference?

• Deportation order (강제퇴거명령). Removal by the state. For five years after leaving, you fall under a legal ground for refusing entry. In practice the ban actually applied can be longer; this is set by internal guidelines.
• Departure order (출국명령). Available to someone who falls under a deportation ground but will leave voluntarily at their own cost. The office sets a deadline, may add conditions and may require a deposit of up to 20 million won. Missing the deadline or breaking a condition leads straight to a deportation order, and the deposit can be kept.

A departure order is generally less damaging for a future return. For permanent residence, for example, the waiting period is five years after a departure order and seven years after a deportation order. Nobody is entitled to one; you or your lawyer ask for it, and the office decides.

Can I challenge a deportation order?

Yes, and the clock is short. When the order is issued, you must be told that you may object. The objection goes to the Minister of Justice, filed through the immigration office, within 7 days of receiving the order. Even if the objection is rejected, the Minister may still allow you to stay if you once held Korean nationality or there is another special reason to remain in Korea. Children in Korean schools, a Korean spouse or long lawful residence are the kind of facts to raise, though none of them guarantees anything. A court challenge through an administrative lawsuit (행정소송) is a separate route. Get the order translated the same day so the 7 days are not lost.

What can still be done while the criminal case is open?

• Tell your lawyer your visa type at the first meeting, along with how long you have lived here and who depends on you. Korean courts must consider the offender's circumstances when choosing a sentence. Whether a judge gives weight to immigration consequences varies, but the difference between a fine and a suspended sentence can decide whether you stay, so it should be argued.
• Ask whether a deferred sentence (선고유예) is realistic. For a sentence of one year or less or a fine, with clear remorse and no serious prior record, the court can defer the sentence; after two years without incident it is treated as if no sentence was given. How immigration weighs a deferred sentence is not fixed by law.
• Answer immigration forms truthfully. Submitting false documents or statements is a deportation ground of its own, separate from the crime.
• Do not plan travel without advice. A foreigner under investigation or on trial can be stopped at departure.

Next step

Write down three things before you call: the charge, the stage of the case (police, indictment, trial, judgment) and your exact visa type and expiry date. If you already hold a deportation or departure order, count the 7 days from the date you received it and contact a lawyer at once. Consultations are paid; when you contact us, a staff member will call you back and explain the fee.

법무법인 대한중앙
1533-7377

Rules applied

Immigration Act (출입국관리법) Article 4(1) and (2) with Article 29(1) (departure can be stopped for a foreigner on trial or under investigation), Article 11(1) no. 6 (entry may be refused for 5 years after departure under a deportation order), Article 26 and Article 46(1) no. 10-2 (false documents), Article 46(1) no. 13 (released after a sentence of imprisonment or heavier) and no. 15, Article 46(2) (permanent residents), Article 59(2) to (4) (deportation order and notice of the right to object), Article 60(1) (objection within 7 days), Article 61(1) (special permission to stay), Article 68(1) no. 1, (3) and (4) (departure order, deposit up to 20 million won), Article 84(1) and (2) no. 1 (duty to report; notification on release), Article 85 (procedure during a sentence), Article 86 (handover on release), Article 89-2 (cancellation of permanent residence). Enforcement Rules (출입국관리법 시행규칙) Article 18-4(1) no. 1 (permanent residence waiting periods), Article 54 and Article 54-2 no. 1 (listed crimes). Criminal Act (형법) Article 51 (sentencing factors), Articles 59 and 60 (deferred sentence).

This is general information, not legal advice. Every case is different.