The Criminal Code in South Korea applies to both foreigners and citizens of this country. In addition, it also applies to Korean citizens who commit crimes outside their home state. When dealing with accusations under this law, it is recommended to use specialized help provided by our criminal lawyers in Korea.
Below, we invite you to read about the main offenses and how our Korean law firm can assist in criminal matters.
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Services provided by our Korean criminal lawyers
Our attorneys in Korea are at the disposal of natural persons and companies in need of representation in criminal offenses. Here are some of the crimes our services cover:
- crimes of violence;
- white collar offenses;
- corporate criminal charges;
- international crimes.
Such crimes can refer to:
- domestic or other types of violence;
- financial offenses;
- drug use or distribution;
- intellectual property-related offenses;
- employment-related charges;
- construction and real estate offenses;
- fair trade;
- drunk driving;
- fraud.
Our criminal law services in South Korea imply:
- filing complaints with the police or other authorities who can handle such offenses;
- arrest and bail defense;
- investigations;
- legal representation before the court.
To help clients, we often work with other specialists, such as Korean accountants and other forensic experts to ensure correct representation.
What are the most common criminal offenses in Korea?
Here are some of the most often met crimes in South Korea:
- theft, which has increased in the past few years;
- assault, with harassment as the main sub-category of this type of criminal activity;
- organized crime, with drug and human trafficking as the most common ones;
- financial crimes.
Also, cybercrime is one of the emerging offenses. Our criminal lawyers in Korea can offer representation for charges for any of them.
Types of offenses covered by the South Korean Criminal Code
One of the most important aspects of the 1998 Criminal Law is that it separates the offenses punishable in South Korea by:
- nationality of the offender;
- territory where the crime was committed.
Specifically, Korean and foreign citizens can be held accountable for different types of crimes, depending on where these took place. As such, if you are interested in immigration to South Korea, you can discuss with our criminal lawyers about potential liabilities when moving here. For example, illegal relocation (without a Korean residence permit) is an offense.
Applicability of the Criminal Code in Korea
The first chapters of the Korean Criminal Code clarify that the act covers both Korean nationals and foreigners who commit various offenses on the territory of this country. Moreover, Korean citizens can also be prosecuted for the crimes they commit in other states. With respect to foreigners:
- they can also be held accountable if they commit any crime on board a vessel or aircraft registered in Korea, including when these are in other countries’ waters, respectively airspace;
- they can be prosecuted for crimes that take place outside South Korea if they are related to insurrection, aggression, or actions involving the Korean flag, currency, securities, stamps, and other relevant documents.
It is important to understand that even if you are a foreigner and are accused of crimes mentioned above, you need legal representation offered by a local lawyer. Our English-speaking criminal lawyers in Korea can represent you, should you need assistance.
Categorization of crimes according to the Korean legislation
When seeking specialized support, it is important to know that the Criminal Code categorizes offenses. This aspect matters as it will influence the severity of the punishments. Here is what you should know from this point of view:
- The law recognizes criminal attempts, which can be mitigated or punished less severely;
- The Criminal Code also provides for complicity, and states that each party will be punished separately;
- Repeated crimes are also provided for in the law, and the punishment can be twice the maximum term of the first offense;
- There are also the terms of concurrent and compound crimes for multiple offenses committed by the same person, case in which the defendant will receive the punishment for the most severe crime.
The Criminal Code also provides for certain crimes that are not punishable by law. These cover:
- crimes of people under the age of 14;
- offenses committed by people with mental disorders;
- criminal intent;
- self-defense and justifiable acts.
For such offenses, other measures can be imposed. Our criminal lawyers in Korea can offer more information on these matters.
Stages of a criminal trial in Korea
South Korea is a signatory of various international treaties, such as the Vienna Convention on Consular Relations. So, if you are a foreign citizen tried in a case in this country, you have the right to consular advice.
Criminal trials in South Korea follow specific stages, namely:
- investigation, which often does not imply arrest or detention;
- hearings;
- ruling.
During each stage of the trial, the presumed offender has the right to counsel. Our criminal lawyers in Korea can represent defendants during each step of the trial.
Types of punishments in South Korea
Here is a good reason to use the services of a specialized law firm in Korea: because some offenses are punishable by death in this country. Even if in the past 7 years no such sentence was issued, it remains a possibility.
Here are the main punishments, according to the Korean Criminal Code:
- fines and penalties;
- probation;
- prison.
You can rely on our South Korean lawyers if criminal charges have been brought against you and you need legal counsel.
Recent statistics on crimes in South Korea
According to recent news that cites the Korean National Police Agency, the average number of foreign criminal suspects per year is about 36,000. In 2024, between January and August:
- 21,908 foreign criminal suspects were caught by the police;
- Assault represented 22.2% of the total number of crimes committed;
- The second highest-ranking type of offense was traffic crime (20.9%);
- 49.5% of the offenders were Chinese citizens, as they represent one of the largest immigrant groups in South Korea.
If you need legal assistance in criminal offenses, feel free to contact our criminal lawyers in Korea.