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.
Known for his proactive street-smart advice & non-conflicted advocacy, NY Attorney Sean Hayes works with leading retired Korean judges, prosecutors and experienced Korean attorneys in leading contentious and transactional matters in Asia. First non-Korean lawyer employed by the Korean Court System. SeanHayes@ipglegal.com
- Challenging a Korean Immigration Deportation/Exit Order in Korea
- Exit Ban of Foreigners in Korea for Not Paying Taxes, Custom Duties or Violation of Law: Immigration Law Basics
- Deportation after Criminal Conviction in Korea: Korea Immigration Law Basics
- Child Abuse in Korea – “Professionals” Required to Report Crime: Sentences Increased & Police Receiving More Training on the Needs of Victims
- Korean Immigration Law’s 20% Rule Challenged
- The Signs of a Great Criminal Lawyer in Korea | English-Speaking Criminal Defense Lawyers in Seoul