Sexual assault, rape, illegal filming and online offences fall under different provisions, and what you must do changes at every stage from the first police call to trial. For foreign nationals, visa and deportation risks come on top.
01FOREIGN NATIONALS
Korean criminal law applies to everyone in Korea. Being a foreigner adds rights you should use and risks you should plan for.
If you do not understand Korean well, you can ask for an interpreter during police and prosecution questioning and at trial. Do not sign a statement you have not fully understood.
If you are arrested, you can ask the police to notify your embassy or consulate. Consular staff can help contact family, but they cannot act as your lawyer.
Contacting the complainant yourself to apologise or settle can be treated as pressure or intimidation. Any settlement should go only through a lawyer, or by a criminal deposit with the court.
A sexual offence case can affect your stay. Depending on the outcome, deportation, an entry ban or refusal to extend a visa may follow, so the criminal defense and your immigration status should be planned together.
Investigators may stop you from leaving Korea while the case is open. Tell your lawyer early about travel plans, work contracts or visa expiry dates.
A conviction can bring sex offender registration, disclosure orders, mandatory treatment programmes and employment restrictions. These apply to foreign nationals too.
02CHARGES
Each charge has a different statutory penalty and different key issues.
Unwanted touching is charged as an indecent act by force. Whether force or a sudden act was involved, and what the complainant said and did, are central.
Up to 10 years or a fine up to KRW 15 millionRape requires violence or threats; quasi-rape covers sex with a person who could not resist because of intoxication or sleep. Consent and the complainant's condition are the main issues.
At least 3 years' imprisonment; heavier with weapons, two or more offenders or injuryFilming a person's body without consent in a way that may cause sexual shame is a crime, and so is distributing such footage even if the filming itself was consented to.
Filming or distribution: up to 7 years or a fine up to KRW 50 millionEditing or distributing deepfake sexual material is punished, and since 2024 possessing, buying, storing or viewing it is also a crime.
Editing / distribution: up to 7 years or a fine up to KRW 50 million; possession / viewing: up to 3 years or a fine up to KRW 30 millionSending sexual words, images or videos by phone, text, messenger or social media that cause sexual shame or disgust is a crime.
Up to 2 years or a fine up to KRW 20 millionTouching someone on the subway, a bus or at a concert or festival is punished even if it lasted only a moment. Many cases start with an arrest on the spot.
Up to 3 years or a fine up to KRW 30 million03PROCESS
What you should do after a report, before questioning and after a warrant request are all different.
A case starts when the complainant reports to the police or when you are arrested at the scene. The police then call or text you to come in.
Read more 02You are questioned as a suspect. Your phone may be seized and analysed, and the complainant's statement has usually already been taken.
Read more 03A warrant must be requested within 48 hours of arrest, and a judge decides on detention shortly after a hearing.
Read more 04The prosecutor decides between no charge, a suspended indictment, a summary fine or indictment.
Read more 05The court decides the sentence and may add sex offender registration, treatment programmes, employment restrictions or disclosure orders.
Read more04WHY US
Managing Partner Yu Ji-yeon handled sexual violence cases as a prosecutor and deputy division head at several district prosecutors' offices.
Managing Partner Yoon Sung-il and Attorney Na Hyung-jun are certified by the Korean Bar Association as criminal law specialists.
We start with where your case is now: report, questioning, warrant hearing, prosecution decision or trial.
05FAQ
Yes. Sexual offences committed in Korea are punished under Korean law regardless of nationality. You also have the same procedural rights, including the right to remain silent and to have a lawyer present.
It depends on your visa type, the charge and the outcome. A conviction can lead to deportation or an entry ban. Planning the criminal defense with your immigration status in mind is important.
No. Direct contact can be seen as pressure on the complainant and may make detention more likely. Apologies and settlement should go through a lawyer.
You can contact us in English. For questioning and court, interpreters are provided by the authorities, and we arrange interpretation for meetings when needed.
Yes. Lawyers have a legal duty of confidentiality. You may use an alias for the first consultation.
06CONTACT
If you cannot talk, leave a message by KakaoTalk, Telegram or the form. Family members can contact us on your behalf.
SEXUAL CRIME DEFENSE · KOREA