Abusive Korean husband, two kids, F-6 visa — how do I get a protection order and a divorce in Korea?

What you are describing is a crime in Korea, not a family matter, and you have more options than he has told you. A family court can order him to stay away from you and the children, can restrict his contact by phone and messaging, and can limit his exercise of parental authority — all while the divorce is pending, and in some cases before a divorce is even filed. Separating from an abusive Korean spouse does not automatically cost you your visa or your children; the opposite is more often true, because the abuse is exactly what the court and the immigration review will look at. And you do not have to go to a police station alone: a lawyer can file the complaint and handle all communication with the police for you.

Can you divorce in Korea, and under which law

Korean courts have jurisdiction under Article 56 of the Act on Private International Law (국제사법): you habitually reside in Korea and your spouse is Korean. Korean law applies under Article 66. Extreme mistreatment by a spouse (배우자로부터 심히 부당한 대우, simhi budanghan daeu) is a listed ground for judicial divorce under Article 840 of the Civil Act. Physical violence, and sustained verbal abuse in front of children, fall squarely within it.

Protection first: what a court can order

Domestic violence is handled under the Act on Special Cases Concerning the Punishment of Crimes of Domestic Violence (가정폭력처벌법). Two tools matter for you.

A victim protection order (피해자보호명령, pihaeja boho myeongnyeong) is something you can apply for directly at the family court, without waiting for a criminal case. It can order him to leave the shared home, stay a set distance from you and the children, stop contacting you by phone or electronic means, and — importantly — restrict his exercise of parental authority for the period of the order. Violating a protection order is itself a separate offense.

Separately, once police are involved, they can take emergency measures on the spot, and the court can impose temporary measures (임시조치, imsi jochi) with similar content during the case. Your fear that "he gets released the same night" is a real one in many countries, which is why the protection order — issued by a court, enforceable, and independent of whether he is detained — is usually the more reliable route for someone in your position.

You do not have to move out first. The order can require him to leave.

Children, property and support

Custody (양육권, yangyukgwon) and parental authority are decided on the child's welfare. Documented violence weighs heavily. Courts look at who has actually been caring for the children, and a parent who has been the primary caregiver is not displaced because the other parent is Korean. Child support and visitation (면접교섭, myeonjeop gyoseop) follow; visitation can be limited or supervised where there is a history of violence.

Property division (재산분할, jaesan bunhal) covers assets built during the marriage regardless of whose name they are in, and his control of the bank account does not change that. Consolation money (위자료, wijaryo) for the abuse is a separate claim.

One thing to avoid: leaving Korea with the children before any court order. Korea is a party to the Hague Child Abduction Convention, and removing children from their habitual residence without the other parent's consent can be treated as wrongful removal even when the removing parent is fleeing abuse. The court, not the airport, is where this has to be resolved.

Your spouse is in Korea: service and timing

Service is domestic. Protection order proceedings move faster than a divorce; the divorce itself, with mediation (조정, jojeong) and trial, commonly takes around a year in contested cases. The two run in parallel.

What this means for your stay in Korea

Immigration rules provide separate treatment for a foreign spouse whose marriage ended through the Korean spouse's fault (귀책사유, gwichaek sayu), and for a parent raising Korean children. A protection order, a domestic violence finding, or a divorce judgment on the ground of mistreatment are the kinds of documents that review considers. Those decisions are made by the Immigration Office, not the court. We do not predict them, but the claim that "immigration sends you home the moment you separate" is a threat, not a rule. MEGA X handles the protection order and the divorce; where the result affects your stay, we coordinate with an immigration specialist as part of the case.

Practical insight

The point where these cases turn is evidence created early: photographs, medical visits, dated messages, and a written record of incidents. Threats about the children and the visa are themselves evidence of coercion. The other turning point is language — you will be asked to give statements, and you are entitled to an interpreter. Do not sign anything in Korean you have not had translated.

If he is physically in front of you and you are in danger right now, call 112. Otherwise, the first move is a confidential conversation with a lawyer who can file for the protection order and speak to the police on your behalf. That conversation can happen by text consultation or at +82-2-522-3959, in English.

— Hyeonghwan Chon, Managing Partner, MEGA X Law Firm Korea