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Law Firm Yein

For Foreign Clients

If something has happened to you in Korea

Written for people working, studying, or living in Busan. Your procedural rights are the same whether or not you speak Korean.

About language

Consultations and court filings are conducted in Korean. If you need an interpreter, tell us in advance and we will arrange one for your consultation. In police and court proceedings, Korean law requires that an interpreter be provided.

Common situations

If you are arrested or taken in for questioning

Say you want a lawyer before you make any statement. Do not sign a written record you do not fully understand.

The Criminal Procedure Act requires an interpreter for anyone who is not fluent in Korean. You may also demand that your consulate be notified (Vienna Convention on Consular Relations, Article 36). What you say in the first interview sets the frame for everything that follows, so signing a record you have not understood is the single most damaging thing you can do.

If you are injured at work

Get treatment first and keep the medical certificate. You can file the claim yourself even if your employer refuses.

The Industrial Accident Compensation Insurance Act does not distinguish by nationality. Work-related injuries are covered even for workers without valid residence status. You can apply to the Korea Workers' Compensation and Welfare Service directly, and if the claim is denied you can contest it through review, reexamination, and administrative litigation. The claim expires after three years.

If your wages have not been paid

Gather your employment contract, attendance records, and bank transfers. You can still file a complaint without them.

Article 6 of the Labor Standards Act prohibits discrimination on grounds of nationality. You can file a complaint with the regional labor office. Wage claims expire after three years, and interest accrues once 14 days have passed since you left the job. If the employer has shut down, a state substitute payment scheme may cover part of what you are owed.

If you are divorcing a Korean spouse

If your residence status is based on the marriage, the divorce and your visa must be handled together.

Korean courts have jurisdiction where Article 56(1) of the Act on Private International Law is satisfied, and Korean law applies where one spouse is a Korean national habitually resident in Korea (Article 66). If you can show that the marriage broke down through your spouse's fault, there is room to retain F-6 marriage-migrant status — which is why the two matters should not be handled separately.

If you receive an immigration order

Note the date you received the notice. The window to challenge it is fixed.

Departure orders, deportation orders, and refusals to extend your stay are administrative dispositions, so they can be contested through objection, administrative appeal, or administrative litigation. The deadline is 90 days from the day you learned of the disposition. Unless you also apply to suspend execution, the order remains in force while you contest it.

What the law guarantees you

  • The right to an interpreter in investigation and trial (Criminal Procedure Act, Articles 180 and 244-5)
  • The right to have your consulate notified of your arrest or detention
  • The right to counsel — and to request court-appointed counsel if you cannot afford one
  • The right to industrial accident compensation regardless of residence status
  • The right not to be discriminated against in wages or working conditions on grounds of nationality (Labor Standards Act, Article 6)

Getting in touch

Our office is in the legal district facing Busan District Court. If you need an interpreter, please tell us which language you use when you contact us.

부산 연제구 법원남로15번길 6, 701호 · 평일 09:00 – 18:00

This page is general legal information and does not guarantee the outcome of any case. Results differ with the facts and the evidence, so please consult a lawyer about your own matter.