The Korean Immigration Control Act and related acts allows the potential to permanently impose an exit ban on foreigners for nearly all acts that are determined by the Ministry of Justice as “harming the interest, public safety or order in the economy of the Republic of Korea” until the reason for the exit ban ceases to exist. (Immigration Control Act of Korea Article 4(1)5.)
The Immigration Control Act of Korea, also, always Korean government agencies to request the imposition of an exit ban on foreigners. Determination of the Ministry of Justice may be appealed within the Ministry and if turned down – may be appealed to the Administrative Court of Korea.
Yes, this post is related to a matter we are presently handling. The relevant provisions of Korean law includes:
- Immigration Control Act, Article 4 (Prohibition of Departure)
- Immigration Control Act, Article 4-2 (Extension of Period of Prohibition of Departure)
- Immigration Control Act, Article 4-3 (Revocation of Prohibition of Departure)
- Immigration Control Act, Article 4-4 (Notice of Decision etc. on Prohibition of Departure)
- Immigration Control Act, Article 4-5 (Filing Objections to Decisions, etc. on Prohibition of Departure)
- Immigration Control Act, Article 29 (Suspension of Foreigners’ Departure).
Yes, determinations of Korean Immigration maybe successfully challenged.
Other articles that may be of interest to the reader:
- Korea’s 20% Immigration Rule Challenged
- Korean Immigration Office to be Established
- Immigration Logic
- Korean Court Overturns Deportation Order
- Visa for Investors in Korea
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