Being convicted of a crime in Korea, may lead to deportation. If you are issued a deportation/exit order from the Korean Immigration Service, you do have avenues to reverse this deportation order within the courts.
The Courts of Korea have jurisdiction to review all exit/deportation orders issued by Korean Immigration. Korean courts will look to whether:
A. The order complies with the law; and
B. Whether Immigration has abused its discretion.
Under law, Immigration Services of Korea has broad power in the issuing of deportation and exit orders. Law imposes restrictions on actions by Immigration under certain visa categories. If Immigration complied with law, an Immigration’s order may be challenged under Korea’s “abuse of discretion” jurisprudence.
The Courts have noted that any government action must not do more harm to the life of an individual than it does good to the public. Many Immigration cases at the Administrative Court of Korea invalidated deportation orders based on this abuse of discretion test.
Factors that a Court may consider in determining that it is acceptable to invalidate the Deportation/Exit Order from Immigration are:
1. If the complainant is married to a Korean;
2. The background of the complainant;
3. The motivation of Immigration in deporting;
4. The seriousness of the act justified by Immigration in deporting;
5. The harm that will be done to the complainant and his or her family by deporting the individual;
6. The contributions made by the complainant to Korea; and
7. Character references.
A complainant has a severe uphill battle if he chooses to challenge a deportation order without the utilization of an experienced attorney. We advise hiring an attorney as early as possible. If you know you may be denied a visa, it is advisable to file a visa extension with the assistance of an attorney. sometimes an attorney can avoid court via assisting in the filing of the visa applications and pleading the issue to Immigration.
Sean Hayes may be contacted at: [email protected]
Sean Hayes is co-chair of the Korea Practice Team at IPG Legal. He is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty. Sean is ranked, for Korea, as one of only two non-Korean lawyers as a Top Attorney by AsiaLaw.
Sean’s profile may be found at: Sean C. Hayes
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