My spouse in Korea is violent. How can a foreign spouse get protection?
Call the police on 112 while it is happening or as soon as you are safe. Officers who receive a report of ongoing family violence must come at once, stop it, separate you from the abuser, and tell you about court orders that can keep your spouse out of the home and away from you. A separate route lets you ask the family court directly for a protection order; no lawyer is required, and no divorce case has to come first. Being a foreigner does not take these protections away, and an open violence case is itself a reason immigration may keep extending your stay.
What will the police do when I call 112?
Under the Act on Special Cases Concerning the Punishment of Domestic Violence Crimes (가정폭력범죄의 처벌 등에 관한 특례법), officers who arrive must take the steps that fit the situation:
- stop the violence and separate the two of you
- arrest your spouse on the spot if the crime is happening in front of them
- take you to a counseling center or a shelter (보호시설), but only if you agree
- take you to a hospital if you need urgent treatment
- tell you that you can ask for a temporary measure if it happens again, and that you can apply for a victim protection order
Say the word "interpreter" and the name of your language as early as you can. If no interpreter is available on the spot, ask the officer to write down the case details and the station name so you can follow up with language help.
Which orders can keep my spouse away from me?
| Order | Who starts it | What it can do | How long |
|---|---|---|---|
| Emergency temporary measure (긴급임시조치) | The police, when there is no time to wait for a judge | Remove your spouse from the home, ban approach within 100 metres, ban calls and messages | Short: the prosecutor must ask a court to confirm it within 48 hours |
| Temporary measure (임시조치) | The prosecutor asks the court; you may request it through the police or prosecutor | The same three bans, and detention if your spouse breaks an earlier measure | Up to 2 months, extendable twice |
| Victim protection order (피해자보호명령) | You apply to the family court directly | The same bans, plus limits on your spouse's parental authority and visits with the child | Up to 1 year, extendable in 2-month steps, 3 years in total |
| Interim protection order (임시보호명령) | The judge, while your application is pending | Any of the protection order measures | Until the court decides |
Ignoring a protection order is a crime with a prison term of up to 2 years or a fine of up to 20 million won. Ignoring one of the three main temporary measures without good reason can bring up to 1 year or 10 million won. Report every breach to the police the same day.
Can I apply for a protection order on my own?
Yes. You, your legal representative or the prosecutor can file. The case goes to the family court for the place where you live or are staying now, or where your spouse lives or acted, so moving to a shelter in another city does not stop you from applying there. You do not need to file a criminal complaint or a divorce first.
Write the application in Korean, or ask the counseling center to help you prepare it. The court can arrange interpretation and translation, so tell the clerk in writing which language you need. If you are afraid to come to court because your spouse will be there, the court can ask the police for safety measures while you attend.
Does it count if the violence comes from his family, not him?
It can. The law covers a spouse or former spouse, including an unmarried partner, as well as your spouse's parents and relatives who live with you. You may file a criminal complaint against your spouse's parents too, even though the general rule in criminal procedure bars a complaint against your own or your spouse's parents.
Violence also means more than hitting. Threats, locking you in the house, forcing you to do things, destroying your belongings, insults, and secretly filming you are among the crimes the law lists.
Will reporting my spouse hurt my visa?
Reporting is not a violation of anything. The Immigration Act (출입국관리법) gives the foreign spouse of a Korean citizen a specific shield here: as long as police, prosecutors or a judge are still dealing with the abuse, the ministry may keep granting extensions, and it may grant more once the case closes if you are still recovering. The detailed visa route after a divorce is a separate topic; the point here is that the police report creates the record you will rely on.
If your stay has already expired, you may still report. Public officials normally must notify immigration about a person without status, but the law allows an exemption when they are investigating crimes such as assault, threats or confinement and the victim's relief comes first. It is an exemption officials apply, not a promise, so ask a lawyer or a migrant support center to go with you.
Where can I go tonight?
Nobody can make you sleep under the same roof as the abuser. Ask the police to take you to a shelter for migrant women or a family violence counseling center (가정폭력상담소). Many centers have staff who speak common migrant languages.
If you have time to prepare, keep a small bag ready:
- passport and alien registration card, or photos of both saved where your spouse cannot reach them
- your phone, charger and a list of important numbers on paper
- medicine, and your child's health and school papers
- bank card and any cash of your own
What records will help later?
Keep the station name and the case number the police give you. Ask the hospital for a diagnosis that states how the injury happened. Write a short dated diary in your own language after each incident, and back up photos and messages to an account your spouse does not know. These records support a protection order, a criminal case, a divorce claim and an immigration extension at the same time.
Next step
If you are in danger now, call 112 first. When you are safe, we can help you apply for a protection order, prepare for the police interview and plan around your visa. Consultations are paid; when you contact us, a staff member will call you back and explain the fee.
법무법인 대한중앙
1533-7377
Rules applied
Act on Special Cases Concerning the Punishment of Domestic Violence Crimes (가정폭력범죄의 처벌 등에 관한 특례법) Article 2 nos. 1 to 3 (definitions, family members including in-laws and partners, listed crimes), Article 4(1) (anyone may report), Article 5 (police emergency steps), Article 6(1) and (2) (complaint allowed against a spouse's ascendants), Article 8(1) and (3) (temporary measure requested by the prosecutor; victim may ask), Article 8-2(1) and Article 8-3(1) (police emergency measure; court request within 48 hours), Article 29(1) and (5) (types and length of temporary measures), Article 34(1) (interpretation and translation), Article 55(1) (court for a protection order), Article 55-2(1) and (5) (protection order measures; safety measures), Article 55-3 (1 year, 2-month extensions, 3 years in total), Article 55-4 (interim protection order), Article 63(1) and (2) (penalties for breach). Criminal Procedure Act (형사소송법) Article 224 (general bar on complaints against ascendants). Immigration Act (출입국관리법) Article 25-2 (extension during a family violence remedy), Article 84(1) (duty to notify and its exception). Immigration Act Enforcement Decree Article 92-2 no. 5, Enforcement Rules Article 70-2 no. 1 (exemption during criminal investigations).
This is general information, not legal advice. Every case is different.
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