A Foreigner’s Guide to Forgery Charges in Korea and Protecting Your Visa in Korea

An increasing number of foreigners living in Korea are finding themselves entangled in criminal cases. If you are under investigation for the forgery of a public document, it is crucial to understand the severity of the charge in Korea. When facing an investigation, the language barrier can turn a stressful situation into a crisis. Underestimating the consequences can lead to irreversible outcomes, including the loss of your visa and your life in Korea.

 

 

Why This Charge Threatens Your Future in Korea

Under the Criminal Act of the Republic of Korea, forging a public document is a serious offense with penalties that are especially dangerous for non-citizens. The most critical fact is this: Korean law does not allow for a simple fine as a penalty for this crime. If you are convicted, the minimum sentence you can get is a suspended prison sentence.

Criminal Act Article 225 stipulates:

“A person who, for the purpose of uttering, counterfeits or alters a document or drawing, of a public official or a public office, shall be punished by imprisonment with labor for not more than ten years.”

For any foreigner in Korea, this is a critical turning point. Because the law prescribes imprisonment rather than a fine, any guilty verdict triggers close review by immigration authorities. Even if a sentence is suspended, deportation will be considered by the immigration office. This is why the way you respond from the very first police investigation can have a decisive impact on your future in Korea.

 

The Critical Goal: Securing a Suspension of Prosecution (기소유예)

In a high-stakes case like this, if the allegations are true, the most effective way to protect your future in Korea is to obtain a suspension of prosecution (기소유예, giso yue) from the prosecutor’s office. This is a discretionary decision not to indict, where the prosecutor closes the case based on mitigating factors. Because it is not a guilty verdict, a deferred prosecution:

• No Criminal Record: You avoid a formal conviction on your record.|
• Reduced Deportation Risk: The likelihood of a departure order is significantly minimized.
• Stronger Position for Future Visa Reviews: Future visa extensions and renewals are much less likely to be negatively affected.

 

Case Result: Non-Indictment Secured for a Foreign Client

A foreign client in Seoul faced a serious investigation for public document forgery and the risk of detention. The client immediately sought representation from Kang & Shin, a firm recognized for its expertise as lawyers for foreign clients. Our defense team moved immediately to protect the client’s rights and future.

Our legal strategy involved:

1. Defense from Day One: From the initial police questioning, we built a defense strategy that highlighted all favorable circumstances and legal arguments for the client.

2. Active Participation in Investigations: Our attorney accompanied the client to every investigation, ensuring their statements were consistent and framed to emphasize mitigating factors, preventing miscommunication and disadvantages. A formal attorney’s brief was submitted to persuade the authorities.

3. Demonstrating Good Character: We submitted objective evidence proving the client was a diligent and valuable member of Korean society, making a strong case for why they should be allowed to remain in the country.

Thanks to this proactive and strategic defense, the prosecution accepted the arguments presented by our team and issued the best possible result: a final decision of ‘suspension of prosecution’.

 

This successful outcome had a life changing impact, providing our client total peace of mind:

• No Criminal Record: Client avoided criminal punishment and a permanent record.
• No Deportation: The threat of a departure order was eliminated through the immigration review.
• Secure Visa Status: The outcome minimized any negative impact on future immigration reviews.

Without expert legal help, the client could have faced arrest, conviction, and been forced to leave Korea. This case proves that for foreigners facing serious criminal charges, a criminal defense attorney specializing in cases involving non-citizens is not a luxury, it is a necessity.

 

Are You a Foreign Resident Facing a Criminal Investigation?

Are you a foreign resident being investigated for forgery or another criminal offense in Korea? Do not face the complexities of the Korean legal system, language barriers, and the fear of deportation alone.

Kang & Shin has a proven track record of achieving the best possible outcomes for foreign clients, from having detention warrants dismissed to securing suspension of prosecution. We are ready to be your dedicated legal partner from the very first step. Let us help you overcome this crisis and continue your valuable life in South Korea.