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.
Korean 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 Korean Courts have noted that any government action must not do more harm to the life of an individual than it does good to the Korean 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 Korean deportation order without the utilization of an experienced Korean immigration attorney. We advise hiring an attorney in Korea as early as possible. If you know you may be denied a Korean visa, it is advisable to file a visa extension with the assistance of a lawyer. Sometimes an attorney in Korea can avoid the Korean courts via assisting in the filing of the visa application and pleading the issue to Korean Immigration.
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