"Will I be deported from Korea for a DUI fine?" A criminal fine does not lead directly to removal, but depending on the amount of the fine, any prior offences and whether an accident occurred, it can result in a departure order or deportation. Even if the criminal case ends with a fine, the immigration violation review proceeds separately, and the statements and materials from the investigation stage carry over into that review. A response therefore needs to be prepared with both procedures in view.
The dual structure: criminal case and immigration review
A Korean national who drives under the influence faces criminal punishment and an administrative measure on their driver's licence. For a foreign national, an immigration violation review is added, so a single DUI proceeds along three tracks at once: the criminal case, the licence measure, and the review of stay.
The criminal case determines the punishment for the offence; the immigration review determines whether continued stay in Korea will be permitted. Once the criminal outcome is notified to the immigration authority, the review begins on that basis, so the closure of the criminal case with a fine does not mean the stay issue is closed.
It should also be noted that statements made and materials submitted in the criminal case become the basis of the immigration review. Responding to the two procedures separately can leave inconsistencies in the record.
Criminal penalties by blood alcohol level and the fine thresholds
Criminal penalties for drunk driving apply regardless of nationality, and the statutory range depends on blood alcohol concentration.
| Blood alcohol level | Criminal penalty |
|---|---|
| 0.03% to below 0.08% | Up to 1 year imprisonment or a fine up to KRW 5M |
| 0.08% to below 0.2% | 1–2 years imprisonment or a fine of KRW 5M–10M |
| 0.2% or higher | 2–5 years imprisonment or a fine of KRW 10M–20M |
Refusing a breath test without due cause, or injuring or killing a person while driving under the influence, is punished more severely than simple DUI, and repeat offences within a set period are subject to aggravated punishment that can lead to formal trial or imprisonment.
For a foreign national, the amount of the fine matters beyond the punishment itself. A first offender fined KRW 3M or more is in principle subject to a departure order, and deportation may be considered where cumulative fines within the last five years reach KRW 5M or more, or where traffic-related fines reach KRW 5M or more (as of 2026). The fine set in the criminal case becomes the threshold applied in the subsequent review of stay.
Factors weighed in the immigration review
Crossing a threshold does not fix the outcome automatically. The review weighs 1) the substance of the violation and any repetition, 2) family relationships and dependants in Korea, 3) length of stay and the basis of life established here, and 4) the current status of stay. The severity of the disposition is a matter of discretion.
The effect also differs by status. For a narrowly purposed status such as study (D-2), a criminal record can weigh against the next extension review; for statuses with an established basis of life such as spouse of a national (F-6-1) or permanent residence (F-5), humanitarian circumstances such as family ties may be taken into account. These circumstances are considered when substantiated with materials, not merely because they exist.
What the review reflects is not a general expression of remorse but objective materials showing that a heavier disposition would be excessive. Since statements at the investigation stage are recorded and used in both sentencing and the immigration review, it is appropriate to begin the response at the investigation stage.
When the fine falls near the threshold
Suppose, for example, a first offender with a low blood alcohol level and no accident, whose fine is expected to be set at around KRW 3M. General criteria alone cannot determine the outcome in such a case: whether the fine crosses the threshold depends on how the criminal case proceeds, and even above the threshold, the severity of the disposition remains a matter of discretion.
In such matters, the review considers together 1) the expected range of the fine in the criminal case, 2) any history of criminal punishment or penalty notices, 3) family relationships and the basis of life in Korea, and 4) the current status and its expiry. The same fine amount can lead to different conclusions depending on the combination of these factors, so case-by-case review is required.
The order of response
Taking the above together, at the investigation stage it is advisable first to assess the expected criminal outcome together with its effect on your stay; before the fine is finalized, to prepare supporting materials with the immigration review in view; and if a disposition notice is issued, to decide within the stated periods whether to file an objection (within 7 days of receiving the notice) or a revocation suit (within 90 days of learning of the disposition).
Frequently asked questions
Law Firm Lawyeon Immigration Center provides legal services specialized in the integrated handling of Korean immigration and visa matters together with criminal cases and immigration-violation reviews, built on extensive case experience, professional networks, and practical knowledge.
The Center was founded through the organic collaboration of attorneys Junwoo Min, Dohyun Nam, and Seungchul Kim — criminal-law specialists who have advised across a wide range of immigration matters — with Senior Advisor Taemin Ahn, who has served at the Seoul Global Center, as a center head at the Ministry of Justice's Global Start-up Immigration Center, and as a member of the Foreign Workers' Rights Protection Council of the Seoul Regional Employment and Labor Administration. It is Law Firm Lawyeon's dedicated center for immigration practice.
In particular, for departure orders and entry-ban dispositions that follow a final criminal conviction, the Center presents effective solutions through an integrated strategy spanning criminal defense, objections to the disposition, and applications to lift the entry ban, and it supports stable business activity in Korea by managing many clients' immigration risk.
This article is intended as general information about the relevant legal framework and is not legal advice on any individual matter. Determinations concerning immigration status may differ depending on specific facts such as residence history, income and contractual relationships. If your situation requires individual review, you may request a consultation with the Immigration Support Center of Law Firm Lawyeon (lawyeon-immigration.com).