English-speaking criminal defense · Foreign nationals · Seoul
Accused of a sex offense in Korea?
The police may call within days. What you say in the first interview shapes the whole case. Talk to a lawyer before you go.
First
Four things before you do anything
Do not contact the other person
No apology, no explanation. A message can be read as pressure or an admission, and can become a ground for detention.
No statement without a lawyer
You can stay silent and have counsel present. Signing a Korean-language statement you cannot read is very hard to undo.
Keep everything
Messages, receipts, who was there, where the cameras were. Deleting data counts against you and is usually recovered anyway.
Ask before you travel
An exit ban can be imposed during an investigation. Leaving mid-case can lead to a warrant.
Process
How the case moves
Police investigation
A request to appear, an interview, possibly your phone and CCTV. Foreign nationals are often treated as a flight risk, which can mean a detention request.
Prosecutor's decision
No charge, suspended prosecution, a summary fine without trial, or indictment.
Court
A fine, a suspended sentence or prison, depending on the offense and the facts.
Since 2013, sex offenses in Korea do not require the complainant's consent to prosecute. A withdrawn complaint does not end the case by itself. A settlement is still one of the biggest factors in the outcome, and it is handled through counsel, never by you.
What is at stake
The sentence is only part of it
Registration
Most sex offense convictions, including many that end in a fine, require registration of your personal information, and may bring disclosure and employment restrictions.
Your visa
A sentence can lead to a departure order, deportation and an entry ban. Even a fine can be a reason to refuse an extension or a change of status.
Your record abroad
The result can appear in background checks and visa applications in other countries.
Situations we see
Where the case is usually decided
CCTV and timing. Venues keep footage for only a few weeks.
What is on the device, and how it is handed over.
Sending sexual content can be an offense on its own.
Some first-time cases go to an education program, with immigration consequences even then.
A consistent timeline, evidence and witnesses. A counter-complaint only once the facts are secured.
How we work
From the first interview, in English
We review the summons and the facts, go with you to the police interview, handle communication with the investigators, and, where appropriate, deal with the other side through counsel so that you never contact them yourself. If immigration is affected, we handle that part as well.
Fees are quoted in writing after a first consultation.
Contact
Message us before the interview
A few lines on what happened and when. We reply by email, usually within one business day.
FAQ
Questions people ask first
Will the case end if the other person withdraws the complaint?
No. Since 2013 the prosecution does not depend on the complainant. A withdrawal or settlement is a significant factor in the outcome, but it does not close the case by itself.
Can I be deported for a fine?
A fine alone does not automatically lead to deportation, but it can be a reason to refuse a visa extension or a change of status. Most sex offense convictions, even by fine, also carry registration; a fine for sexual messages sent online is one of the few exceptions. Each case is assessed individually.
Do I have to go to the police station if I am summoned?
Ignoring a summons can lead to a warrant. The answer is not to avoid the interview but to go prepared, with a lawyer.
Can the police take my phone?
They can request it, and they can obtain a warrant for it. What you do before and when that happens matters, so get advice first.
Can I settle?
A settlement is often possible and is handled by your lawyer. Contacting the other person yourself can make things worse.