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sex crime defense legal informationOctober 14, 20262 views

Sexual violence in Korea: can I get help whatever my visa is?

Yes. Medical care, counselling, a police report and a lawyer for the victim are open to anyone harmed in Korea, whether you hold a work visa, a student visa, a marriage visa or no valid status at all. The law also lets immigration extend your stay while the criminal case or another remedy is running, and officials investigating a sexual offence are not obliged to report an undocumented victim to immigration when they judge that your protection comes first. None of this depends on speaking Korean. What happened is not your fault, and you decide each step at your own pace.

Where can I go first?

You do not have to start with the police. Three common first stops, in practice:

  • A sunflower centre (해바라기센터). Hospital based centres that combine medical care, counselling and help with a police report in one place. Many keep evidence even if you have not decided whether to report.
  • The women's emergency line, 1366 (여성긴급전화). It connects callers to shelters and counselling. Interpreters for several languages are usually arranged on request; the line is open to men as well.
  • The Danuri helpline (다누리콜센터, 1577-1366) for migrants and multicultural families, with staff in many languages.

These numbers are run by public bodies and have changed before, so check the current details when you call. In an emergency, call 112.

If you can, see a doctor soon. A medical record made in the first days is useful evidence, and treatment matters on its own. Keep messages, call logs and photos of injuries; do not delete a chat because it is painful to see. A friend can hold copies for you.

Will reporting put my visa at risk?

Being the victim of a crime is not a ground for losing your status, and a report can actually support your stay. The Immigration Act has a special rule for foreigners whose case about a sexual offence is under investigation, on trial, or in another legal remedy: immigration may extend their stay until that procedure ends, and may extend it again afterwards if you still need time to recover. This is a power, not an automatic right, so apply before your current period ends and bring proof that the case exists, such as a report receipt (사건 접수증) or a letter from your lawyer.

If you have no valid status, the honest picture is this. Public officials normally must tell immigration when they find someone staying unlawfully. A ministry rule lists the investigation of rape, sexual assault and other sexual offences among the duties where an official may skip that report when the victim's relief must come first. It is a judgement made by the official, not a blanket promise, which is why speaking to a lawyer before you go to the station is worth it.

Can I have a lawyer for myself, not only for the accused?

Yes. A victim of a sexual offence may appoint a lawyer who can sit in on your police interview, speak at the arrest warrant hearing and at trial, read the case file and act for you in almost every step of the criminal procedure. If you have no lawyer, the state may appoint one for you (국선변호사); for victims under 19 it must. In practice, the state pays the appointed lawyer. Ask the investigator about it at your first contact.

What protections apply when I give a statement?

ProtectionWhat it means for you
Specialist investigatorEach police station names officers trained for sexual violence cases, and they should normally be the ones who interview you
Fewer interviewsInvestigators and courts must keep the number of sessions to what is necessary
A person you trustYou can ask that a family member, friend or counsellor sits with you during police and court questioning
InterpreterPolice may commission an interpreter, and a court must use one for anyone who does not speak Korean
Identity kept privateOfficials may not reveal your name, address or photo, and nobody may publish them without your consent
Closed hearingYou and your family can ask the court to hear your testimony without the public present
Witness support roomCourts keep a separate space so you need not meet the accused or their family before and after testifying

If the interpreter is not working for you, say so and ask for another. Before you sign any record of your statement, have it read back in your language.

Can I stop the case later?

Most sexual offences in Korea no longer depend on the victim's formal complaint, so the police can continue even if you later wish to withdraw. You can still tell the court how the crime affected you and what punishment you think is right. If someone pressures you to withdraw, keep the messages and tell your lawyer or the investigator; protective measures for victims and witnesses exist for exactly this.

What if my images are being shared?

When police confirm that intimate images of you are being posted online, they must ask the platform and the national review body to remove or block them, and explain the removal process to you. Write down the links and take screenshots before reporting, but do not forward the images to anyone.

What if I need to go home before the trial?

Tell your lawyer early. The lawyer keeps broad authority to act for you after you leave, though the court may still need your testimony, sometimes by video link. A planned departure is easier to handle than a sudden one.

Next step

Write down what you remember, with dates, and keep any evidence in a safe place. If you want to understand your options before deciding whether to report, or you are worried about your stay, bring your residence card and any police papers to a consultation; we can also help you apply for an extension while the case runs. Consultations are paid; when you contact us, a staff member will call you back and explain the fee.

법무법인 대한중앙
1533-7377

Rules applied

Act on Special Cases Concerning the Punishment of Sexual Crimes (성폭력범죄의 처벌 등에 관한 특례법) Article 23-2 (removal of images shared online), Article 24 (victim identity kept private), Article 26 (specialist investigators), Article 27 (victim's lawyer and state-appointed lawyer, mandatory for victims under 19), Article 29 (care and fewer interviews), Article 31 (closed hearing), Article 32 (witness support facilities), Article 34 (trusted person present). Criminal Act (형법) Article 306 (deleted; complaint requirement abolished). Criminal Procedure Act (형사소송법) Article 163-2 and Article 221 (trusted person; interpreter commissioned by police), Article 180 (court interpreter), Article 294-2 (victim's statement in court). Immigration Act (출입국관리법) Article 25-2(1) no. 2 and (2) (extension for victims of sexual offences), Article 84(1) (reporting duty); Enforcement Decree Article 92-2 no. 5 and Enforcement Rule Article 70-2 nos. 1 and 2 (exemption for investigations of sexual offences). Sexual Violence Prevention Act (성폭력방지 및 피해자보호 등에 관한 법률) named for the support system.

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

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