The Korea Immigration Service, a branch of the Ministry of Justice, has in the past few years increased enforcement actions against foreigners committing crimes and even cases of foreigners having charges dismissed by the Korea Prosecution Service. Korean Exit Orders, Deportation Orders or other actions by Korea Immigration Service are challengeable at the Administrative Court for abuse of discretion.
In most cases, it is near impossible to succeed in these challenges without an experienced and proactive attorney. Because of Korean legal realities, it is advisable to retain, for the administrative court case, a proactive retired Korean court judge that, actually, actively works on cases. Much said in an article concerning criminal lawyers applies to the hiring of an Immigration Lawyer, thus, it is advisable to read: English-speaking Korean Defense Lawyers The majority of tools needed for criminal defense work are need in challenges of Immigration Orders.
Abuse of Discretion by Korean Immigration Services Defined
Your lawyer may establish Abuse of Discretion of the Korean Immigration Service for the issuing of Exit Orders and Deportation Orders if your lawyer establishes that the Korea Immigration Office failed to follow the law or the harm done to the foreigner is greater than the benefit to society. We have seen Deportation Orders and Departure Orders/Exit Orders issued to executives of companies, college students and the family of Korean nationals.
In recent years, as seemingly a way to encourage foreigners to quickly leave Korea, the Korea Immigration Service, often, issues Deportation Orders and holds, in a detention center, the foreigner pending disposition of the matter in court. An advance parole process is available (release pending outcome of court case). Korean Immigration Service may grant the advance parole via an internal position, however, if the advance parole is not granted the action by Korean Immigration Services is, also, appealable to the Administrative Court for Abuse of Discretion.
Korean Immigration Attorneys have prevailed in numerous cases, including, in:
- Cases concerning minor crimes, including, DUI driving accidents
- Cases concerning crimes where a foreigner received a suspended jail sentence
- A case concerning a foreigner with AIDS
- Numerous refugee cases
- Many cases where the foreigner has Korean family members and/or significant other contacts with Korea.
- Korea Immigration Deportation, Departure/Exit Orders: Immigration Law Basics
- Korean Immigration Law: Challenging a Korean Immigration Deportation/Exit Order in Korea
- How to Appeal a Korean Deportation Order or Exit Order?
- Exit Ban of Foreigners in Korea for Not Paying Taxes, Custom Duties or Violation of Law: Immigration Law Basics
- Amendment to the Korean Immigration Act Supports Foreign Children in Cases of Child Abuse
- Deportation after Criminal Conviction in Korea: Korea Immigration Law Basics
- Deportation after COVID-19 Quarantine Violations in Korea
- Immigration updates for Foreigners In Korea: Expiration of Visas
- Online Immigration Visit Reservation System to be Implemented in All Immigration Offices starting April 1, 2021
- Child Abuse in Korea – “Professionals” Required to Report Crime: Sentences Increased & Police Receiving More Training on the Needs of Victims