False Sexual Assault Allegation Overcome: Foreign Student Avoids Prosecution and Deportation in Korea

Law Firm Dongju 법무법인 동주

A 24-year-old male graduate student from Kazakhstan studying in Korea on a D-2 visa was falsely accused of sexual assault by another international student following a dormitory party. Despite a lack of criminal history and stable academic life, the allegation placed him at risk of both criminal charges and deportation under Article 46-1 of Korea’s Immigration Control Act.

He turned to Dongju Law Firm’s criminal defense team for urgent help.

The stakes were high — in Korea, foreign nationals accused of sexual offenses are automatically referred to immigration authorities, regardless of whether formal charges are filed. Without a strong defense, the risk of forced deportation is significant even in cases lacking clear evidence.

Dongju’s legal team immediately intervened, focusing on three key areas:

• Correcting mistranslations in police statements caused by inadequate interpretation during questioning

• Submitting exculpatory evidence, including CCTV footage, message records, and witness statements that indicated mutual consent

• Providing a written defense for immigration review, highlighting the client’s academic commitment and community ties, supported by recommendation letters and petitions from the university and student group

✅ The result? Prosecutors granted a “suspension of indictment” (기소유예), and the Ministry of Justice approved continued stay in Korea. The client avoided both criminal prosecution and deportation.

Facing criminal allegations as a foreigner in Korea can feel overwhelming — especially in sensitive cases like sexual assault, where misunderstandings and procedural disadvantages are common. Dongju Law Firm’s experienced legal team understands these challenges and provides comprehensive defense from the first investigation through immigration review.

If you or someone you know is facing a similar situation, contact Dongju Law Firm immediately. Early intervention makes all the difference.

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