Exit Ban of Foreigners in Korea for Not Paying Taxes, Custom Duties or Violation of Law: Immigration Law Basics

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)

Continue reading

Fleeing Korea while under Police/Prosecutor Investigation: International Hold in Korea

From changes a couple of years ago in the computer system and policy of the Korean Immigration Services, even if the Korean prosecution/police have not requested that an accused be placed on an International Hold, some records of police investigations, indictments and proposed fines and sentences by the prosecution/police are being reported to the Korean Immigration Service at airports and ports of departure. An International Hold, in Korea, is an official procedure that flags passports and fingerprints & prevents one, under this International Hold, from departing Korea prior to the lifting of the International Hold. Even if you are not under an official International Hold, Korea Immigration may refuse your departure or entry into Korea based on information from data being shared between the Police, Prosecution, National Tax Service and other Korean government agencies.  Please note that the Korea Immigration is a branch of the Ministry of Justice. The Ministry

Continue reading

Korea Immigration Deportation, Departure/Exit Orders: Immigration Law Basics

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

Continue reading

Korea Immigration Service’s Immigration Logic: Appeared in the Korea Times by Sean Hayes

The following article appeared in the Korea Times on January 4, 2007 and was entitled Immigration Logic. The article was part of a column written by Sean Hayes. Immigration Logic An article entitled “Misunderstanding of the New E-2 Visa” appeared in The Korea Times on Dec. 27. An Immigration official, seemingly speaking for the Ministry of Justice, wrote the article.  He said that articles by “E-2 visa holding English teachers were shocking to my colleagues and myself who work in the Korea Immigration Service, the Ministry of Justice.” The article notes that Mr. David Louis Quick, and others, made “incorrect claims” in articles written and that “When one makes arguments, it is very easy for people to fall into the trap of emotional feelings and become very illogical, unless he is well trained in logical reasoning.”  The article continues, in this condescending tone, by stating that the author is “a

Continue reading