Q
I'm British, on an E-7, three years in Seoul. Six months ago I was investigated over an incident at a bar — I'm accused of breaking a glass door during an argument; I say I was pushed into it. I gave a statement, heard nothing, and assumed it had gone away. Yesterday a registered letter arrived from a court: a "summary order" (약식명령) with a fine of 1.5 million won for "property damage." No hearing, no trial, no chance to say anything.
I'm confused and a little angry. Is this a criminal conviction that follows me around? Do I just pay it, or can I contest it — and if I contest, could it get worse? I've read it "affects your visa" and I'm due to renew in seven months. My employer knows nothing about any of this.
What I need to know: (1) What exactly is a summary order and how did I get convicted without a trial? (2) What are my options and what is the deadline? (3) What does a 1.5 million won fine actually mean for my E-7 renewal and my record?
A Answer
A summary order is a criminal conviction imposed on paper: the prosecutor asked a judge to fine you without a trial, the judge agreed on the file, and the order becomes final if you do nothing within seven days of receiving it. You can contest it by requesting a formal trial, in which case the case is heard fresh; a contested case can end with acquittal, a lower fine, or — in principle — a higher sentence, though the last is uncommon where the facts are as you describe. The fine, paid, is a recorded conviction that the Immigration Office can see. Whether that matters for a renewal in seven months depends on rules that treat the offense and the amount as factors; it is not automatically disqualifying, and it is not nothing.
What a summary order is
Under Articles 448 and following of the Criminal Procedure Act (형사소송법, hyeongsa sosong-beop), a prosecutor may ask the court to impose a fine by summary order (약식명령, yaksik myeongnyeong) for an offense that can be punished by a fine, on the basis of the investigation record alone. The judge reviews the file and issues the order; there is no hearing and the defendant is not heard. It is how the large majority of minor criminal cases in Korea are disposed of — the six months of silence were the case moving through the police, the prosecutor and the judge's desk.
The order is served on you. Within seven days of service, you may file a request for formal trial (정식재판 청구, jeongsik jaepan cheonggu). If you do not, the order becomes final and has the effect of a judgment: it is a conviction, it is recorded in your criminal history, and the fine is collected — by payment, or, if unpaid, by conversion into days of detention at a labor facility.
Your options
Pay: the conviction is final, the matter is closed, and the record exists.
Request a formal trial: the case is heard by a judge at a hearing, with evidence and your statement, through an interpreter. The court is not bound by the summary order's amount and may impose a heavier sentence — but since a 2017 amendment, it may not impose a heavier kind of punishment than a fine on a defendant who requested trial, and in practice, courts rarely increase a fine for a defendant who contests in good faith on a genuine factual dispute. "I was pushed into the door" is a genuine factual dispute about intent: property damage (재물손괴, jaemul songoe) under Article 366 of the Criminal Act requires intentional damage; accidental damage from being pushed is not the offense. Whether that argument is supported by CCTV or witnesses is the question your lawyer answers before the seven days run.
A middle route: request trial, and use the hearing to present the mitigation and the settlement — the bar's owner is the victim, and a settlement (합의, hapui) with a statement of no wish for punishment weighs heavily in a property damage case — which can produce a reduced fine or, where the court finds the intent unproven, an acquittal.
The seven days run from the day you signed for the letter. That is the whole timetable.
What the fine means for your visa
A criminal fine is a conviction recorded in your criminal history (범죄경력, beomjoe gyeongnyeok). The Immigration Office checks criminal history at extension and in status reviews, and immigration guidelines treat fines above certain thresholds, and certain offense types, as grounds to examine whether an extension should be granted or a departure order considered. Those thresholds are internal and change; a 1.5 million won fine for a single property-damage incident is, on the range of what those rules address, at the lower end — but it is examined, and it is examined against your three years, your employer and your record. The Immigration Office decides, not the court, and we do not predict. What the amount and the offense are is, as of today, still open: a formal trial that reduces the fine, or ends in acquittal, changes what the renewal file contains. MEGA X handles the criminal side; where it affects your status, we coordinate with an immigration specialist as part of your defense.
Your employer is not notified by the court. A status problem at renewal would involve them; a paid fine that raises no issue would not.
What to do now, and what not to do
Today: note the service date and the seventh day. Send the order to a lawyer. Do not pay before deciding — payment is final. Do not contact the bar. Do gather anyone who saw the push, and ask counsel to request the bar's CCTV, which may already be in the police file. Decide before day five, not day seven.
From a former police investigator's perspective
Summary orders are issued on the police file, and the police file in a bar incident is the complainant's statement, the damage estimate and whatever the suspect said on the night. A suspect who said "I was pushed" in his first statement has a contest; one who said "I don't remember" does not. The prosecutor sought a fine because the file supported one; the formal trial request is the first time anyone reads the file against the suspect's actual account. In cases with a real dispute about intent and a cooperative victim, that reading changes outcomes more often than defendants expect.
Seven days is short. Send us the order today — text consultation or +82-2-522-3959.
— MEGA X Law Firm Korea, Criminal Defense Team
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