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. Korean Immigration Law is rapidly changing – please check back to The Korean Law Blog for the latest updates from Korean Immigration lawyers from IPG’s Korean Immigration Law Team.
The Courts in Korea have jurisdiction to review all exit/deportation orders issued by Korean Immigration. Korean courts will look, generally, to whether:
A. The order of Korean Immigration complies with the law; and
B. Whether Korean Immigration has abused its discretion.
Under Korean law, Immigration Services of Korea has broad power in the issuing of deportation and exit orders. Korean Immigration law imposes restrictions on actions by Korean Immigration under certain visa categories. If Immigration in Korea complied with Korean law, a Korean Immigration’s order may, still, be challenged under Korea’s “abuse of discretion” jurisprudence.
The Korean Courts have noted that any Korean government action must not do more harm to the life of an individual than it does good to the Korean public. Korean Immigration cases at the Administrative Court of Korea invalidated Korean deportation orders based on this abuse of discretion test in Korea.
Factors that a Court in Korea may consider in determining that it is acceptable to invalidate the Deportation/Exit Order from Korean Immigration are:
1. If the complainant is married to a Korean;
2. The background of the complainant;
3. The motivation of Immigration in deporting the individual;
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 and other misc. positives in the record of the individual.
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. The choice of an attorney is, likely, the most important choice you shall make, if you wish to reside in Korea.
Please, immediately, hire an experienced Immigration Lawyer in Korea. 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 in Korea. Sometimes an attorney in Korea can avoid the Korean courts via assisting in the filing of the Korean visa application and pleading the issue to Korean Immigration prior to a deportation order.
For a consultation on Korean Immigration Lawyer please: Schedule a Call with an IPG Immigration Attorney.
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