주한외국인법률정보

[Q&A] What is the minimum fine amount for a DUI that causes deportation from Korea?

Understanding the critical fine thresholds that trigger visa revocation for foreigners.

[Q&A] What is the minimum fine amount for a DUI that causes deportation from Korea?
Table of Contents

The Question

"What is the minimum fine amount for a DUI that causes visa revocation or deportation?"

The Legal Reality: The '5 Million KRW' Red Line

For a Korean citizen, a DUI fine is a financial burden. For a foreign national, it is a binary switch that decides whether you stay in the country or are forcibly removed. While there is no single 'magic number' in the law, the 5 million KRW threshold is the most critical benchmark in South Korean immigration practice.

1. The 3 Million KRW Warning Zone

Under the current internal guidelines of the Korea Immigration Service:

  • If you receive a fine of 3 million KRW or more, you are highly likely to be summoned for an Immigration Violation Review (Sabeom Simsa).
  • While 3 million KRW might not lead to an immediate 'Departure Order' for a first-time offender with a clean record, it will remain as a permanent negative mark that can block future residency (F-2, F-5) or citizenship applications.

2. The 5 Million KRW Deportation Trigger

This is the most dangerous zone for expats.

  • Automatic Review: A single fine of 5 million KRW or more for a DUI almost always triggers a 'Departure Order' (Chul-guk Myeong-ryeong) or a 'Deportation Order' (Gang-je Toego).
  • Zero Tolerance for DUIs: Because drunk driving is considered a threat to public safety, immigration officers have broad discretionary power to cancel your visa even for a first offense if the fine reaches this level.

3. The Cumulative Fine Rule (7 Million KRW)

Immigration also looks at your Total Violation History. If you have multiple fines (e.g., a previous assault fine + a new DUI fine) that total 7 million KRW or more within a 5-year period, deportation is virtually guaranteed.

4. Why 'First-Time Offender' Doesn't Always Protect You

Many foreigners assume their first mistake will be forgiven. However, in Korea, DUI fines have increased significantly due to the 'Yoon Chang-ho Law.' Even a first-time DUI with a BAC over 0.08% now frequently results in fines of 5 million to 8 million KRW. This means a first offense can result in immediate deportation simply because the fine is so high.

5. Why Hoam Law Firm?

The most critical stage of your defense is before the fine is finalized. Hoam Law Firm works to reduce your fine to under 5 million KRW during the prosecution phase. We highlight mitigating factors—such as a lack of previous record, contribution to the community, and family ties—to convince the prosecutor to set a fine that allows you to remain in Korea. Once the fine is finalized at 5 million KRW, the legal battle becomes 10 times harder.

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