👂📍<Attention>: If you want legal assistance with the police investigation of sexual offenses⚖️
👋Hello from Majung Law Firm Foreigner Center,
🌐 Every day, there are incidents involving foreigners in Korea, where there are around 2.5 million foreign residents. Sexual offenses against foreign nationals, including sexual assault, harassment, and rape, have increased in number recently. If a foreign national is found to have committed a sexual offense in Korea, they could be facing not just criminal charges under the country's criminal code but also an order from the Immigration Office to leave the country. On the other hand, if you have been unfairly convicted of a crime, you might ask for mercy by claiming that the penalty is unjust. However, we now advise that you take a legal approach to the situation with the assistance of a "foreigner case specialist defense team" that has experience with several criminal cases involving foreign nationals.
🏦Foreigner Specialized MAJUNG Center
> Experts in criminal law and experience from the Immigration Office
> Certified Foreign Lawyers for Immigration, Refugee, and Visas by the Korean Bar Association
> Qualified specialist in many areas, including labor, administration, and criminal law from the Korean Bar Association
> There are several languages accessible for simultaneous interpretation consultation, including Bengali, Chinese, and English.
> Know-how for handling approximately 5,800 cases
(1) The punishment for foreign sex crimes
➡Depending on the particulars of the case, different punishments apply for sexual offenses against foreign nationals. This brings us to the punishment for forced harassment and prostitution brokerage, which are the most common crimes committed by foreigners.
01. Punishment for prostitution brokerage
➡The following is the penalty for prostitution, which mostly affects foreign women in Southeast Asian countries including Thailand, Vietnam, and the Philippines.
1. The maximum penalty for anybody operating as a prostitute broker is a fine of 30 million won or a maximum sentence of three years in jail.
2. A prostitution-related offense carries a "fine/imprisonment of up to 3 million won or imprisonment of up to 1 year," according to the law.
02. Punishment for forced molestation and rape
Criminal punishment for forced harassment or rape is a common occurrence among foreign residents of Korea. The following are the penalties for rape and forced sexual assault according to the Republic of Korea's Criminal Code.
Article 297/298 of the Criminal Code,
1. The maximum penalty for forced molestation is a fine of 15 million won or a maximum sentence of 10 years in jail.
2. A jail sentence of at least three years is imposed upon anyone found guilty of raping another person.
➕In addition to the criminal penalties listed above, there is a high probability that a foreign national implicated in a criminal case—such as one involving the solicitation of prostitution—will face a forced deportation order once the Immigration Office has conducted a criminal assessment.
✅Standards for the forced departure of foreigners
1. A one-time fine of at least three million won
2. The total penalty over five million won in five years
✅It is crucial to thoroughly prepare for the criminal inspection since it will determine whether or not you are allowed to remain in Korea in the end, depending on "how you claim" throughout the process. It is advisable that you react rationally by asserting that the occurrence has caused you harm and establishing particular justifications for your need to remain in Korea.
(2) Sexual crimes against foreigners <Cases of MAJUNG>
📝Case Detail
👉 A Chinese individual who was an overseas student studying in Korea made the request for assistance from MAJUNG. Working part-time to help pay living expenses, "I got engaged in soliciting sex offenses because I was dazzled by the 'very profitable part-time employment'." The police conducted a surprise raid and caught her, and the investigation was already over. In the first trial, she received a sentence of "two years probation and six months in prison." In order to lessen the penalty and address the issue of forced departure in the future, the client asked Majung Foreigner Center, a law practice that specializes in criminal matters for foreigners, for legal aid.
🟰Solution methods
In order to support its client's forced departure order, Majung made the following arguments:
(1) Being a "first-time offender" who has never committed a crime before
(2) The victim was not under any "direct threat."
(3) The client needs to remain in Korea for "personal reasons"
🏦Majung claimed that since the client was a first-time offender with no prior criminal history, there was very little chance that she would commit another crime. The client also asked for forgiveness because it was an inadvertent error brought on by a lucrative part-time job. Additionally, MAJUNG made a strong claim that even though she helped plan sex offenses, the victim was not in danger from her directly. Finally, the client stated that her study plan would be severely disturbed if she is deported to her home country because she is a student studying abroad in Korea.
✔️The case's outcome
Majung argued strongly, and as a result, the court vacated her first sentence of "6 months in prison and 2 years of probation" and instead fined her $2 million. The client was able to avoid the crisis of a forced departure order and carry on living and studying in Korea because of Majung's defense.
(3) If you need legal help with the police investigation of foreign sex crimes
👉 In addition to criminal penalties, avoiding forced departure orders is also necessary for foreign sex offenses, necessitating a "strategic approach" distinct from ordinary criminal cases.
👉 A team of criminal defense attorneys certified by the Korean Bar Association and a team of criminal experts and seasoned attorneys from the Immigration and Foreigners Service handles criminal punishment and immigration disposition simultaneously at the Majung Foreigner Center, which is dedicated to serving foreign nationals. From the start of the police investigation, criminal cases involving foreign nationals need to be handled carefully. With personnel that can translate into English, Chinese, and Bengali, Majung Foreigner Center is a "real law firm specializing in foreigners." One can have direct consultations "without worrying about communication."
Majung is a law firm that specializes in disputes involving foreigners. Take care of pressing issues like being forced to leave the country.
🤝 Visit MAJUNG and tell us simply your issue. We extend a warm welcome to you from our team of knowledgeable international attorneys.
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MAJUNG Law Firm is a professional law firm located in South Korea, providing legal services to foreign residents in various types of legal cases — ranging from immigration issues, criminal defense, labor disputes, international divorce, damage compensation, and many more.
📣 English, Chinese, Thai, and Bengali interpreters are ready to assist you throughout every process.
< Contact us >
📞 Call us at 070-5067-2322 / Whatsapp: 010-2663-1158
📲 Kakaotalk : http://pf.kakao.com/_xfxlWxib/chat
📩 Email. foreigner@majunglaw.kr
The consultation is available at the MAJUNG Foreigner Center's headquarters in Gwanghwamun, Seoul, as well as at the branch offices in Daegu, Daejeon, Busan, and Gwangju.
