When a foreign national with a job and family abroad becomes the subject of a criminal investigation and is placed under an exit ban in Korea, every day brings more anxiety. This post introduces a case in which an exit ban was lifted about two weeks after it was imposed. The client’s identity has been disguised.
Case overview
Our client, Mr. A, works for an overseas company. He became a suspect in a criminal case in Korea and was placed under an exit ban. He had only recently joined his company, and because remote work was not allowed, he faced a real risk of being dismissed if he could not return to his job. He also has a young child abroad.
The key was showing that the need for the ban had disappeared
An exit ban is not a punishment. It is a measure meant to ensure that a person takes part in the investigation and trial. That is why it can be lifted once the need for it is found to be gone. We focused on three points.
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The investigative need had decreased
The client reached a settlement with the victim and obtained a written statement that the victim did not wish to pursue punishment. The victim also expressed, in writing and on video, that they wanted the ban lifted. After the case was referred to the prosecution, we confirmed with the prosecutor in charge whether any supplementary investigation was needed, and we organized that information as supporting material. -
He would return without fail
The client booked a return flight to Korea in advance and submitted a written pledge to return immediately whenever summoned. He also deposited funds with our law office in preparation for any future disposition, and stated that he would cooperate with additional questioning in writing or by video if needed. -
The harm caused by keeping the ban in place
We documented his employment, the fact that remote work was not possible, his extended leave, and his child abroad. Saying “this is urgent” is not enough. Objective documents are what make the point.
How we proceeded
- We first confirmed which agency had requested the exit ban.
- We submitted a written request for release together with supporting materials, rather than relying on verbal requests.
- When the ban was not lifted, we asked in writing for the reasons and the legal basis. We then proceeded in stages, including an objection to the agency’s internal audit and complaints office, a request for a meeting, and a written opinion submitted to the prosecution.
- [Please add one paragraph here describing what actually led to the release.]
What this case shows
- A settlement agreement alone is not enough. It is more persuasive when combined with materials that guarantee attendance.
- Time is the real cost. If a job or family is at stake, prepare in writing from day one.
- When told “no,” it was more effective to ask calmly, in writing, for the reasons and legal basis, and to respond with documents, than to argue emotionally.
Closing
The requirements and circumstances of an exit ban differ from case to case, and the outcome here does not apply equally to every case. If an exit ban is putting your job or family at risk, we recommend seeking legal advice as early as possible.