Refused to Serve Alcohol, Got Choked and Assaulted - What Happens When a Foreign National Commits Assault in Korea? | Visa · Deportation · Re-Entry Ban
When a foreign national commits assault in Korea, Korean criminal law applies in full -exactly the same as it would for a Korean citizen. Beyond criminal penalties, a conviction can trigger deportation and a re-entry ban under Korea's Immigration Act. Whether you're a victim or an accused foreign national, this guide covers everything you need to know.
May 08, 2026
Contents
1. Recent Incident: Foreign National Assaults Bar Owner in Hongdae2. Korean Criminal Law Applies Equally to Foreign Nationals3. Beyond Criminal Penalties - Deportation and Re-Entry Ban4. Victim Response Guide - If You Were Assaulted5. For the Accused Foreign National - What You Need to Know☑️ SugarSquare Check Point1. Recent Incident: Foreign National Assaults Bar Owner in Hongdae
On the night of April 27, 2026, an incident occurred at a bar in Hongdae, Mapo-gu, Seoul.
- A male Australian national in his 30s, heavily intoxicated, assaulted the bar owner and his spouse
- Filmed the owners' faces without consent and posted the video on social media
- When asked to delete the footage, he shoved them repeatedly for over 10 minutes
- Police responded, ordered the video deleted, and booked him on assault charges
Around the same time, two U.S. military personnel in their 20s were booked on joint assault charges (공동상해) after choking and punching a Korean man at a Hongdae club.
2. Korean Criminal Law Applies Equally to Foreign Nationals
Korea follows the principle of territoriality (속지주의).
Article 2 of the Criminal Act (형법 제2조, Domestic Crimes)
"This Act shall apply to both Korean nationals and foreign nationals who commit crimes within the territory of the Republic of Korea."
In short, regardless of nationality, any crime committed on Korean soil is subject to the full scope of Korean criminal law.
Criminal Provisions Applicable to Assault Cases
Depending on the type and severity of the conduct, different provisions of the Criminal Act (형법) apply:
Example Conduct | Applicable Provision | Penalty |
Roughly shoving the bar owner during an argument | Assault (Criminal Act, Art. 260 / 형법 제260조) | Up to 2 years imprisonment, or up to KRW 5 million fine |
Punching the owner in the face and breaking their nose | Bodily Injury (Criminal Act, Art. 257 / 형법 제257조) | Up to 7 years imprisonment, or up to KRW 10 million fine |
Multiple people surrounding and beating the owner, or swinging a bottle at them | Aggravated Assault (Criminal Act, Art. 261 / 형법 제261조) | Up to 5 years imprisonment, or up to KRW 10 million fine |
Showing a knife to the owner to instill fear | Intimidation (Criminal Act, Art. 283 / 형법 제283조) | Up to 3 years imprisonment, or up to KRW 5 million fine |
Throwing and breaking the owner's phone in anger | Destruction of Property (Criminal Act, Art. 366 / 형법 제366조) | Up to 3 years imprisonment, or up to KRW 7 million fine |
‼️ Aggravated Assault and Joint Assault are not crimes subject to the victim's wish not to prosecute (반의사불벌죄).
‼️ In the Hongdae club case, choking the victim could be classified as Bodily Injury (상해죄) rather than simple Assault, if it resulted in any impairment of the victim's health -significantly increasing the severity of punishment.
3. Beyond Criminal Penalties - Deportation and Re-Entry Ban
For foreign nationals, the immigration consequences of a criminal conviction can be just as serious as the criminal penalty itself.
- Article 46(1)(xiii) of the Immigration Act (출입국관리법 제46조 제1항 제13호, Persons Subject to Deportation)
A person who has been sentenced to imprisonment without labor or a heavier punishment and released shall be subject to deportation.
- Article 46(1)(iii) of the Immigration Act (출입국관리법 제46조 제1항 제3호)
A person for whom grounds for entry prohibition are discovered or arise after entry is also subject to deportation.
- Article 11(1)(iv) of the Immigration Act (출입국관리법 제11조 제1항 제4호, Prohibition of Entry)
A person for whom there is substantial reason to believe they may engage in conduct that harms public order or good morals shall be prohibited from entry.
In other words, if a foreign national is sentenced to imprisonment without labor (금고) or higher for assault in Korea:
- Deportation (강제퇴거) - Immigration Act, Art. 46(1)(xiii)
- Re-entry ban (입국금지) - Immigration Act, Art. 11(1)
- Travel ban (출국금지) during ongoing criminal proceedings
‼️ Even if only a fine is imposed, the foreign national may still face deportation if immigration authorities determine there is reason to believe they "may engage in conduct that harms public order" (Art. 46(1)(iii), Art. 11(1)(iv)).
Deportation is a discretionary decision by the head of the local immigration office.
👉 For a detailed breakdown of immigration screening outcomes and defense strategies, see: Complete Guide to Immigration Screening Outcomes
4. Victim Response Guide - If You Were Assaulted
What to Do Immediately
- Call 112: The police report record itself becomes foundational evidence for criminal complaints and civil lawsuits
- Get a medical certificate: Visit a hospital within 48 hours of the assault for the strongest evidentiary value
- Secure CCTV footage: Request preservation of in-store and nearby CCTV (typical retention: 30 days)
- Identify witnesses: Obtain written statements from customers or neighboring business owners who were present
- Confirm the assailant's identity: Passport number, visa status, and contact details (confirmed during police investigation)
Legal Response
- Criminal complaint (형사고소): File an assault or bodily injury complaint at the police station
- Civil damages (민사 손해배상): Claim medical expenses + lost income + emotional distress (위자료) under Article 750 of the Civil Act (민법 제750조, Tort Liability)
- Property damage: File a separate Destruction of Property complaint (Criminal Act, Art. 366 / 형법 제366조) + claim repair costs
‼️ Simple Assault (폭행죄) is a crime not prosecutable against the victim's will (반의사불벌죄) under Criminal Act, Art. 260(3) (형법 제260조 제3항). If the victim expresses a wish not to prosecute, the case cannot proceed. However, Bodily Injury (상해죄) is NOT subject to this rule - prosecution proceeds regardless of the victim's wishes.
5. For the Accused Foreign National - What You Need to Know
If you are a foreign national who has been accused of assault, keep the following in mind:
- Right to counsel: Your constitutional right to legal representation is fully guaranteed
- Right to interpretation: You may request an interpreter during investigation and trial
- Criminal process and immigration are separate but connected: A travel ban (출국금지) may be imposed during proceedings. Upon conviction, immigration screening (사범심사) determines whether deportation follows
☑️ SugarSquare Check Point
- Korean criminal law applies equally to foreign nationals.
Under the Criminal Act, Art. 2 (형법 제2조, Territoriality), any crime committed on Korean soil is subject to Korean law regardless of nationality.
- Criminal penalties + deportation + re-entry ban - a triple impact is possible.
A sentence of imprisonment without labor or higher triggers deportation. Even a fine can lead to deportation at immigration's discretion.
- Victims: secure evidence fast.
Medical certificate, CCTV, witness statements - the first 48 hours are critical.
- Simple assault is a victim-consent crime; bodily injury is not.
Simple assault cannot be prosecuted if the victim doesn't want it. Bodily injury proceeds regardless. Factor this into any settlement discussions.
- For accused foreign nationals: early response determines your stay.
Retain counsel immediately. Criminal defense and visa protection must be pursued in parallel.
👀 More from Sugar Square's K-Foreigner Center
SugarSquare provides comprehensive legal solutions for foreign nationals involved in assault cases in Korea - both for victims (criminal complaints + civil damages) and accused foreign nationals (criminal defense + visa protection).
[Contact Us]
- Tel: 02-563-5877
- KakaoTalk: Search 'SugarSquare Law' or KakaoTalk Consultation Link
- e-mail: sugar@sugar.legal
- 7, Teheran-ro 113-gil, Gangnam-gu, Seoul (Baekam Art Center Annex, 2F)
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