Reported for a sex crime in Korea: a foreigner's rights and risks

If the police have called you about a sexual offence, a few rules matter before anything else. Nobody can force you to answer questions, a lawyer can sit next to you throughout, and an interpreter can be arranged if your Korean is not enough. You must not contact the person who made the report, directly or through anyone else. For a foreigner the case carries two risks that a Korean citizen does not face: you can be stopped from leaving Korea while it is open, and even a fine for a sexual offence can put your visa under review. A report is an accusation, not a finding, and the procedure exists to test it fairly.

What should I do before the first interview?

A police summons (출석요구) usually comes by phone or text and names the offence (죄명) and a date. Asking for a later date so your lawyer can come is routine and says nothing about guilt. Repeatedly ignoring summonses without good reason is different: it is one of the legal bases for an arrest warrant.

Before that date:

1. Write down, for your lawyer only, what happened in order, with times and places. 2. Keep your phone, chats and photos exactly as they are. Deleting messages after a report can be read as destroying evidence, which is a reason courts give for detention. 3. Do not post about the case or the other person on social media. Revealing a victim's name, photo or other identifying details online without consent is itself prohibited. 4. Bring your residence card (외국인등록증) and passport on the day.

What are my rights in the interview room?

Right	How to use it
Silence	Refusing to answer some questions, or every question, may not be used to your disadvantage. You must be informed of this right before questioning starts
A lawyer present	Your lawyer can sit in, object to improper questions and give an opinion afterwards
An interpreter	Police can bring in an interpreter, and at trial the court is required to provide one. Speak up immediately if you cannot follow the interpretation
Reading the record	The written record (피의자신문조서) must be shown or read to you, and you can ask for corrections before signing

Never put your signature on a record you have not understood. A statement you sign in the station can later be used against you in court, and rewriting it afterwards is much harder than refusing to sign today.

Can I contact the person who reported me?

No. Do not call, message, visit or send gifts, and do not ask friends, coworkers, relatives or your employer to speak to them for you. Even a polite message asking to "talk things over" can frighten a complainant and be treated as pressure on a witness. Threats or attempts to force someone to drop a case are separate crimes.

Contact also harms your own case. When a court decides whether to detain someone, it must consider the risk of harm to the victim and witnesses. Release on bail can carry a condition to stay away from the victim's home and workplace, and at a detention review a court can refuse release on bail when there is reason to believe the victim or a witness may be harmed. Any question about whether communication is appropriate at all belongs to your lawyer, and the complainant's wishes come first.

Will I be allowed to fly out during the investigation?

Possibly not. Immigration can stop a foreign suspect from departing (출국정지), usually for up to one month, and for longer where the person cannot be located or a warrant has been issued. You may find out only at the airport. A sudden departure after a report can also be taken as a risk of flight, which supports detention. If you have a planned trip, contract end or visa expiry coming, tell your lawyer before the interview rather than after.

How can the outcome affect my visa?

The Immigration Act lets immigration deport anyone released after a sentence of imprisonment. For sexual offences the reach is wider: a ministry rule adds people who committed offences in the Criminal Act chapter covering rape and sexual molestation, or under the Sexual Crimes Act, where the immigration office considers removal appropriate. In practice that means a fine or suspended prison term for a sexual offence can still lead to a deportation hearing. Immigration can also cancel or refuse to extend a stay permit, and a person who leaves under a deportation order is generally barred from re-entering for at least five years.

Permanent residents (F-5) have more protection but not complete protection. Their status can be cancelled once a prison sentence of two years or more becomes final for an offence under listed laws, which include the Sexual Crimes Act.

What is sex offender registration?

A final conviction or summary order (약식명령) for most sexual offences makes the person a registered offender (신상정보 등록대상자). The duties follow you, including when you travel:

• Submit personal details to the police within 30 days of the conviction becoming final, and report changes within 20 days.
• Attend the police station once a year for a new photograph.
• Before leaving Korea for six months or more, report the country and the length of stay; after returning, report within 14 days.

Sentence for the offence	Registration period
A fine	10 years
Imprisonment of 3 years or less	15 years
Over 3 and up to 10 years	20 years
Over 10 years, or life	30 years

Two exceptions are worth knowing. A fine for entering a toilet or changing room for a sexual purpose, or for sending sexual messages, does not lead to registration, and a person whose sentencing was deferred (선고유예) is released from registration once two years pass without the deferral being cancelled. A court that convicts also orders up to 500 hours of education or a treatment programme in most cases.

Next step

If a summons has arrived, send us the text or letter, your visa type and its expiry date, and do not go to the interview alone. Early advice matters most before the first statement is signed. 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 Procedure Act (형사소송법) Article 70(1) and (2) (grounds for detention; risk to victims and witnesses), Article 98 no. 4 and no. 6 (bail conditions: no approach to the victim, no departure), Article 180 and Article 221(2) (interpreter), Article 200-2(1) (arrest warrant after refusing a summons), Article 214-2(5) (release on review refused where victims may be harmed), Article 243-2 (lawyer in the interview), Article 244 (reading and correcting the record), Article 244-3 (right to silence). Criminal Act (형법) Article 283 (threats), Article 324 (coercion). Act on Special Cases Concerning the Punishment of Sexual Crimes (성폭력범죄의 처벌 등에 관한 특례법) Article 16(2) (education or treatment order up to 500 hours), Article 24(2) (no publication of a victim's identity), Article 42(1) (registration; exception for fines under Articles 12 and 13), Article 43(1), (3), (4) (30 days, 20 days, annual photograph), Article 43-2 (travel of six months or more; 14 days after return), Article 45(1) (10, 15, 20 and 30 years), Article 45-2(1) (deferred sentence). Immigration Act (출입국관리법) Article 4(2) and Article 29 (stopping departure), Article 11(1) no. 6 (five-year entry bar), Article 46(1) nos. 13 and 15 (deportation), Article 89 (cancellation of permits), Article 89-2(1) no. 2 (permanent residence); Enforcement Decree Article 36 (periods for stopping departure); Enforcement Rule Articles 54 and 54-2 (sexual offences as deportation grounds).

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