Korea Police Guide: Avoiding the Trap & 3 Million Won Fine (2026 Guide)[English Speaking Lawyer. LIBRO]
Introduction: The “3 Million KRW” Risk (Korea Police)
IAre you worried about charges of Mutual Assault in Korea? It takes less than 10 seconds for a night out in Seoul to turn into a legal nightmare. Someone bumps into you, you push back, and suddenly you are at the police station.
Here is the cold, hard reality for expats in Korea in 2026:
A criminal fine of 3,000,000 KRW (approx. $2,100) is generally treated as the key threshold for a Deportation Review.
Unlike in many Western countries where self-defense is broadly recognized, Korean law very often classifies street fights and bar altercations as “Mutual Assault” (Ssangbang-pokhaeng), even when one person clearly threw the first punch.
If you don’t want to lose your visa over a small fight, you must follow these 3 Critical Steps immediately.
[Table 1] Self-Defense: Expectation vs. Reality in Korea
| Situation | Western Common Perception | Korean Legal Reality |
| Action | You push someone back to create distance after being hit. | You used physical force against another person. |
| Classification | Self-Defense (You are the victim). | Mutual Assault (Both are perpetrators). |
| Outcome | Case dismissed for you. | Both parties are fined (e.g., 1~2 Million KRW). |
Step 1. The Golden Time: First 48 Hours & The Protocol
The most dangerous document in your case is the “Suspect Interrogation Protocol” (Pee-eui-ja Shin-mun Jo-seo). Once you sign this during the 1st investigation, it becomes permanent evidence.
Action Plan by the Numbers:
- 0 Admissions: Do not admit to “hitting” (tta-ryeot-da). Use words like “blocked” (mak-at-da) or “pushed to create distance.”
- 1 Lawyer: Hiring a lawyer before the 1st session reduces the chance of indictment significantly.
- 2 Rights: You have the right to refuse night-time interrogation (after 9 PM) and the right to a translator.
[Table 2] Police Investigation Strategy
| Don’t Say (❌) | Do Say (✅) | Why? |
| “I hit him back because he hit me.” | “I pushed him gently to stop his attack.” | “Hitting back” = Mutual Assault (Guilty). |
| “I was drunk and don’t remember.” | “I will testify after checking CCTV.” | “Don’t remember” = Loss of credibility. |
| (Signing Korean documents blindly) | “I need a translator to read this to me.” | Once signed, you cannot change your statement. |
Step 2. Proving Self-Defense: The “7-Day” CCTV Rule
In mutual assault cases, video evidence is your only lifeline. But time is your enemy.
- 7 Days: Most Korean restaurants and bars overwrite their CCTV footage every 3 to 7 days.
- 2 Weeks: If you wait for the police to secure it formally, the video might be gone.
Action Plan:
- Immediate Request: Ask the shop owner to preserve (not show) the footage within 24 hours.
- Evidence Preservation Application: If the owner refuses, your lawyer can file this court application. It forces the preservation of evidence legally.
Step 3. How to Resolve Mutual Assault Charges (Article 260)
Under Article 260 (3) of the Criminal Act, Simple Assault is a “crime punishable only upon complaint.” This is your magic exit.
- 0 Criminal Convictions: If you settle before prosecution, the case is closed.
- 3 Million KRW Saved: You avoid the fine that threatens your visa.
To achieve this, you must secure 2 Mandatory Documents from the victim:
- Settlement Agreement (Hap-ui-seo): Proof of compensation payment.
- Letter of Non-Punishment (Cheobeol-bulwonseo): A formal request to the police stating, “I do not want the suspect to be punished.”
[Table 3] The Cost of Fighting vs. Settling
| Scenario | Option A: Fight to the End | Option B: Settlement (Hap-ui) |
| Legal Outcome | Guilty (Mutual Assault) | Case Dismissed (Non-prosecution) |
| Financial Cost | Fine: 1M ~ 3M KRW | Settlement Money: Varies (Negotiable) |
| Criminal Record | Yes (Permanent Record) | No (No conviction for this incident)* |
| Visa Risk | High (If fine ≥ 3M KRW) | Minimal (Immigration risk minimized)* |
| *Note: Applies to Simple Assault cases that are closed without prosecution. |
🚨 CRITICAL WARNING: Do NOT Contact the Victim Directly!
You might want to text the victim: “I’m sorry, please meet me to apologize.”
STOP. If the victim refuses contact but you keep sending messages or calling, you can be charged with Stalking Crimes (Stalking Punishment Act).
In Korea, Stalking is a much more serious crime than Simple Assault and can lead to immediate detention. ALWAYS use a lawyer to negotiate the settlement. Let us be the buffer.
💡 Lawyer’s Pro Tip: What if They Ask for Too Much Money?
“The victim wants 10 Million KRW for a scratch. I can’t afford that.”
Don’t worry. Since December 2022, Korea has introduced the “Special Criminal Deposit System” (Hyeong-sa Gong-tak).
Even if the victim refuses to settle or refuses to give their ID number, you can deposit a “fair amount” (e.g., 1~2 million KRW) directly to the Court. While this is not a guaranteed ‘Case Closed’ like a settlement, judges consider this as a significant effort to compensate, often resulting in a Suspended Sentence or a Reduced Fine (keeping you below the 3M KRW deportation threshold).
[Real Case Study] English Teacher Saved from Deportation
- Client: Mr. A (E-2 Visa Holder).
- Incident: Pushed a drunk man who grabbed his collar in Hongdae.
- Police Charge: Mutual Assault (Fine expected: 2 Million KRW + Criminal Record).
- Our Solution: We secured CCTV proving Mr. A backed away 3 times before pushing. We negotiated a settlement of 1.5 Million KRW with the other party through legal counsel.
- Result: “No Right of Arraignment” (Gong-so-gwon Eop-eum). Case Closed. Mr. A successfully renewed his visa the next month.
Lawyer’s Insight: The “5 Million KRW” Cumulative Rule
“Many foreigners know about the 3 Million KRW rule (one-time fine). But few know the 5 Million KRW rule.
Under the Immigration Control Act, you also become a strong candidate for a Deportation Review if your cumulative fines exceed 5,000,000 KRW in recent years. Even a small fine of 1 million KRW for assault can add up with other penalties (e.g., DUI, traffic tickets) to jeopardize your stay. Settling to get a ‘0 KRW’ criminal record is the safest investment for your future.”
FAQ: Is it Assault if I didn’t throw a punch? (Pushing & Shoving)
Q1: Is the “3 Million KRW” rule automatic deportation?
A: It is not automatic, but a fine of 3.0 million KRW or more is generally treated as the key threshold for a “Deportation Review” (Sa-beom-shim-sa), and it significantly increases the risk of an Exit Order.
[In the context of Suwon District Court Case No. 2021Gudan2159, this above document serves as the regulatory basis for the immigration authorities’ discretionary power. It demonstrates that a single fine exceeding 3 million KRW (as highlighted in the red box) is a primary trigger for the authorities to initiate a departure order process, regardless of the nature of the crime, unless exceptional mitigating factors are present.]
Q2: What if I injured the other person? (Injury vs. Assault)
A: If the diagnosis reaches around 2 weeks of treatment (Jeon-chi 2-ju) or more, the case often gets treated as “Injury” (Article 257) rather than simple assault.
- Assault: Settlement = Case Closed (Safe).
- Injury: Settlement = Lighter Sentence (Suspended Indictment), but the case does not close automatically.
Q3: How much should I pay for settlement?
A: There is no fixed price law, but typical settlement amounts for simple assault range between 1,000,000 to 3,000,000 KRW per week of injury diagnosis. If they demand unreasonable amounts, use the Criminal Deposit System.
Attorney Paul
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