Charged after a bar fight in Korea: does a settlement end the case?

It depends on whether the other person was injured. Simple assault (폭행) without injury is a crime the prosecutor cannot pursue against the victim's clearly stated wishes, so a genuine settlement in which the victim says they do not want you punished usually ends it. Once there is an injury (상해), or a bottle, glass or group was involved, the case continues even after a settlement, and the agreement becomes a reason for a lighter outcome rather than a way out. For a foreigner, the gap between those two results matters twice: once for the criminal record and once for the next visa application.

Assault or injury: which one is my case?

Police decide the charge from the facts and, in practice, from the medical certificate (상해진단서) the other side submits. Maximum penalties in the Criminal Act (형법) for each version of a fight:

Charge	Typical facts	Maximum penalty	Can the victim's wish stop it?
Assault (폭행)	A push, slap or punch with no injury	2 years' imprisonment, a 5 million won fine, short detention or a minor fine	Yes
Injury (상해)	A cut, broken tooth or fracture	7 years' imprisonment, 10 years' suspension of qualifications, or a 10 million won fine	No
Assault causing injury (폭행치상)	A push that made someone fall and get hurt	Punished as injury	No
Special assault (특수폭행)	Hitting while holding a dangerous object, or with the force of a group	5 years' imprisonment or a 10 million won fine	No
Special injury (특수상해)	An injury caused that way	1 to 10 years' imprisonment, no fine option	No

A glass, bottle or chair can count as a dangerous object even though nobody brought it as a weapon. Several people acting together may also fall under a separate special act on violent crimes (폭력행위 등 처벌에 관한 법률), whose details your lawyer will check.

How exactly does a settlement end an assault case?

For simple assault, the victim's statement that they do not wish you to be punished (처벌불원서) has legal force. Before indictment, the prosecutor can no longer bring the charge. If an indictment has already been filed, the court must dismiss the case. The victim can give or withdraw this statement up to the first-instance judgment, and once they withdraw a wish for punishment, they cannot bring it back for the same case.

For injury and the special crimes, no such rule exists, and the agreement works on the sentence instead. Judges are required to weigh how an offender behaved once the fight was over, and full compensation to the injured person weighs heavily. It can be the difference between a suspended indictment and a fine, or between a fine and a prison term.

How should a settlement be approached?

Through a lawyer, never by yourself or through friends. Turning up at the other person's home or workplace, or asking coworkers to pass on messages, can be treated as pressure on a witness and may count against you when a court decides on detention. Police generally do not hand out a victim's phone number; a lawyer can ask the investigator whether the victim agrees to be contacted by counsel.

Before anything is signed:

• Have the Korean text translated into your language and read it in full.
• Look for a line in which the injured person declares no wish for you to be punished; an amount alone is not enough.
• Check whether it also settles medical costs and any later civil claim, or leaves them open.
• Pay by bank transfer to the account named in the document and keep the receipt.

If the victim refuses any agreement, ask your lawyer about a criminal deposit (형사공탁), which lets money be lodged with a court for the victim. A deposit is not the same as a settlement, and its weight is for the judge.

The other person hit me first. Does that help?

It may, but less than many people expect. Self-defence (정당방위) in Korean law covers acting against an unlawful attack that is happening right now, where the response was reasonable. If the response went too far, the court can reduce or waive the penalty, and an excessive reaction made at night or in fear, shock or panic is not punished at all. When both people traded blows, courts have held that it is usually a mutual fight rather than defence, and both sides become suspects. If you were hurt too, get your own medical certificate the same day.

Evidence disappears quickly after a night out. Bars and streets often overwrite camera footage within days, so ask your lawyer to request that police secure it. Save the names and numbers of friends who saw what happened, and your taxi or card receipts showing times.

I was very drunk. Is that a defence?

Rarely. The law reduces punishment for a person whose capacity was weakened by a mental condition, but it removes that benefit where someone foresaw the danger and brought the condition on themselves. Courts are reluctant to treat voluntary drinking as a reason for leniency. Saying "I do not remember" in an interview is also not a safe strategy; your right to stay silent is the better tool.

Did anything else happen that night?

Fights in bars often bring extra charges that a settlement with the other customer does not touch:

• Breaking a glass, table or phone is property damage (재물손괴), punishable by up to 3 years or a fine of up to 7 million won. Paying the owner helps, but the charge does not need the owner's wish to proceed.
• Pushing or threatening a police officer who arrived is obstruction of official duties (공무집행방해), with up to 5 years or a fine of up to 10 million won. No private person can withdraw that charge.

What does this mean for my visa?

An ordinary assault or injury is not on the list of crimes for which immigration can remove a person regardless of sentence. A fine alone is therefore not a deportation ground, but it will be weighed when you apply for an extension, a change of status or permanent residence. A prison sentence, even a suspended one, is a much larger risk; see our article on convictions and deportation. While the case is open, you may also be stopped at departure, so check before booking a flight.

Next step

Write down the date, the place, who was there and any injuries on either side, and keep every message and receipt. Do not contact the other person. Send us the police notice and your visa details, and we can explain the likely charge and how a settlement could be handled. Consultations are paid; when you contact us, a staff member will call you back and explain the fee.

법무법인 대한중앙
1533-7377

Rules applied

Criminal Act (형법) Article 10(2) and (3) (diminished capacity; no benefit where the condition was self-induced with foresight), Article 21 (self-defence; excess; night, fear or panic), Article 51 no. 4 (conduct after the offence in sentencing), Article 136(1) (obstruction of official duties), Article 257(1) (injury), Article 258-2(1) (special injury), Article 260(1) and (3) (assault; no prosecution against the victim's stated wishes), Article 261 (special assault), Article 262 (assault causing injury punished as injury), Article 366 (property damage). Criminal Procedure Act (형사소송법), as amended with effect from October 2, 2026: Article 70(2) (risk to victims and witnesses in detention decisions), Article 232(1) and (3) (withdrawal until first-instance judgment; no renewal), Article 327 no. 7 (dismissal where the victim does not want punishment). Immigration Act (출입국관리법) Article 29(1) (stopping departure), Article 46(1) no. 13 (release after imprisonment); Enforcement Rules Article 54 and Article 54-2 (crimes named for removal). Act on the Punishment of Violent Acts (폭력행위 등 처벌에 관한 법률) and the criminal deposit system (형사공탁) by name only.

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