When foreign nationals become involved in criminal cases in Korea, they often face greater difficulties due to language barriers and a lack of familiarity with local legal procedures and culture, in addition to the complexity of the law itself. The Constitutional Court of Korea has also affirmed that foreign nationals are subjects of the right to trial, emphasizing that fundamental rights such as personal liberty must be protected.
In practice, the following issues are particularly critical:
✔️Jurisdiction
Whether Korean courts may exercise jurisdiction even when a foreign national commits a crime outside Korea (Articles 5 and 6 of the Criminal Act).
✔️Interpretation and Translation
Under Article 180 of the Criminal Procedure Act, the absence of accurate interpretation may result in a serious infringement of the right to defense.
✔️Immigration Consequences
A guilty verdict may immediately lead to the denial of visa extension, revocation of status of stay, or deportation (Article 85 of the Immigration Control Act).
Foreign suspects enjoy the same right to legal counsel as Korean nationals. However, given the language barrier, the role of defense counsel is even more crucial.
✔️Right to Counsel
A constitutionally guaranteed right, requiring the involvement of counsel from the earliest stage of investigation.
✔️Interpretation Support
Accuracy in court interpretation is a fundamental prerequisite for a fair trial.
✔️Consular Assistance
Foreign suspects may seek assistance through their home country’s consulate.
During trial proceedings, the accuracy of interpretation and the admissibility and credibility of evidence often become central issues. Because misunderstandings arising from language differences can affect the reliability of evidence, courts must take into account the particular circumstances of cases involving foreign nationals.
At the sentence execution stage, foreign nationals may be placed in designated correctional facilities or assigned specialized correctional officers. Special consideration is also required, including the provision of necessary legal information and assistance with communication with diplomatic missions.
Criminal judgments are also directly connected to immigration procedures:
✔️Deportation
Upon completion of the sentence, deportation procedures may commence immediately (Article 85 of the Immigration Control Act).
✔️Exit Ban
During the investigation or trial, the Minister of Justice may impose an exit ban (Article 29 of the Immigration Control Act).
✔️Protection of Foreign Victims
In cases such as human trafficking, special provisions may apply, including suspension of deportation and extension of the period of stay.
Decent Law Firm places paramount importance on understanding each client’s language and cultural background. Effective communication is the starting point for accurately establishing the facts and preventing unnecessary misunderstandings that may arise in court.
In addition, based on Article 6(2) of the Constitution, which recognizes the legal effect of international treaties, we thoroughly examine how the rights of foreign nationals may also be protected under international law. Given that criminal procedures and immigration matters are often intertwined in cases involving foreign nationals, we provide integrated legal services that go beyond criminal defense, encompassing immigration status, visa issues, and potential deportation.
Where necessary, we actively utilize international judicial cooperation. In situations requiring cross-border responses—such as the collection of evidence abroad or the recognition of foreign court judgments—we offer optimal solutions grounded in our international experience and professional expertise.
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