Domestic violence (가정폭력) cases involving foreign spouses carry two layers most people don't expect: a criminal and protective process that can move within hours of a police report, and a separate immigration question about what happens to your visa if the marriage ends. Both matter, and neither one requires you to simply endure the situation until you find a way out on your own.
→What Counts as Domestic Violence (가정폭력) Under Korean Law
The Act on the Punishment of Domestic Violence Crimes (가정폭력범죄의 처벌 등에 관한 특례법) defines domestic violence (가정폭력) broadly — physical assault is the clearest example, but the law also covers threats, confinement, sexual violence between spouses, and repeated psychological abuse and control within a household. It applies to spouses, former spouses, and other cohabiting family relationships, and it does not require a police report to have already been made once for the pattern to count.
1Calling the Police: Emergency Measures (응급조치)
When police respond to a domestic violence (가정폭력) call, they have authority to issue on-the-spot emergency measures (응급조치, eunggeup jochi) — separating the parties, ordering the abuser to leave the shared residence, and referring the victim to medical care or a shelter. These measures can be issued immediately, without waiting for a prosecutor or a judge, precisely because domestic violence situations often can't wait for the ordinary court calendar.
2Protective Orders (보호처분): Keeping an Abuser Away
Beyond the immediate emergency measures (응급조치), a court can issue a protective order (보호처분, bohocheobun) — barring the abuser from approaching the victim's home or workplace, prohibiting contact by phone or messaging app, or requiring counseling or treatment. In urgent cases, a victim can also request an emergency protective order (긴급임시조치) that takes effect faster than the standard process. Violating a protective order (보호처분) is itself a separate criminal offense, which gives it real teeth beyond a piece of paper.
A protective order (보호처분) doesn't require you to already have a divorce, a lawyer, or a finished police report in hand — it exists specifically because victims need protection before all of that is sorted out.
3If You're on an F-6 Marriage Visa: Your Status Doesn't Depend on Staying Married
This is the concern I hear most often from foreign spouses, and it's the one worth correcting first: Korean immigration policy allows a foreign spouse to maintain marriage-based status even after the marriage ends, if the breakdown was caused by the Korean spouse's fault (혼인파탄 귀책사유) — and domestic violence (가정폭력) is a recognized basis for that. In practice, this means:
- A documented history of domestic violence (가정폭력) — police reports, medical records, a protective order (보호처분), or shelter intake records — supports a case that the marriage's breakdown wasn't your fault
- You are not automatically required to leave Korea the moment a divorce is filed or finalized if you can show the abuse was the cause
- Immigration officers exercise real discretion here, so building a documented record from the earliest possible point — not waiting until a visa renewal is due — makes a meaningful difference
This is precisely where the criminal process and the immigration process reinforce each other: a police report and a protective order (보호처분) aren't just about safety in the moment, they become the evidence that protects your legal status in Korea later.
4Shelters and Immediate Support
Korea operates a network of domestic violence victim protection facilities (가정폭력피해자보호시설) that provide emergency housing, counseling, and help navigating the legal process, and many accept foreign residents regardless of documentation status. The Women's Emergency Hotline (여성긴급전화 1366, available 24 hours) is a starting point that can connect you to a nearby shelter, an interpreter, and information about emergency measures (응급조치) — you can call it before deciding whether to involve police at all.
5Domestic Violence, Divorce, and Custody
A documented history of domestic violence (가정폭력) is directly relevant in a Korean divorce case — it supports fault-based divorce grounds, can affect the division of marital assets, and is heavily weighted by family courts in custody and visitation decisions. If you're also navigating divorce or a custody dispute, see our separate guide to divorce in Korea as a foreigner and our guide to child custody for foreign parents for how those processes work alongside a domestic violence case.
6If You've Been Accused of Domestic Violence
Domestic violence (가정폭력) allegations are taken seriously by Korean police and courts, and an accused foreign spouse can face an emergency measure (응급조치) or protective order (보호처분) issued quickly, sometimes based largely on the accuser's initial statement. If you're facing an accusation, don't ignore a summons or an order — a protective order (보호처분) that's violated, even unknowingly, becomes a separate criminal case on top of the original allegation. Get legal advice early, both to respond to the allegation and to understand what an order actually requires of you.
→What to Do If You're Experiencing Domestic Violence in Korea
- Call 112 (police) in an emergency — officers can issue emergency measures (응급조치) immediately, including removing the abuser from the home.
- Call the Women's Emergency Hotline (여성긴급전화 1366) for shelter referral, interpretation, and guidance even if you're not ready to call police.
- Keep records — photos of injuries, messages, medical visits — since this same documentation supports both a protective order (보호처분) and, later, your immigration status.
- Ask about a protective order (보호처분) if the danger is ongoing rather than a single past incident.
- Get legal advice about your visa early — don't assume divorce automatically means you have to leave Korea.