Court upholds denial of stay extension and departure order for foreign national fined for drunk driving

Who this helps

This may help people who want to see how a court treated a drunk driving fine in a case about a foreign national's stay extension and departure order. The case involved a person staying under a work-visit status.

Case overview

Court

Ulsan District Court

Posted on original board

Jul 10, 2013 (Wed)

Topic

Stay Status & Period of Stay

Original title (Korean)

음주운전으로 벌금형을 선고받은 외국인에 대한 체류기간 연장 불허가결정이 적법하다고 본 사례

A Chinese national of Korean descent, staying in Korea under a Visiting Employment status, drove while intoxicated and hit the car ahead, injuring two people with wounds requiring about 3 weeks of treatment. The person was sentenced to a fine of 5,000,000 won (KRW). The person later applied for a change of status of stay, but the head of the immigration office issued a departure order and decided not to grant a stay extension and related requests. The person filed a lawsuit seeking cancellation of both dispositions.

Can a stay extension be denied after a drunk driving fine?

A Korean-Chinese foreign national staying on a work-visit status drove drunk and hit the car ahead, injuring two people. The injuries needed about three weeks of treatment, and the person was fined 5 million won. The immigration office head then issued a departure order and decided not to allow the stay extension, and the person sued to cancel both. The court found both actions lawful and dismissed the claim.

How the court ruled

The court dismissed the person's claim. It found that the crime harms the maintenance of order in Korea, that the nature of the offense is not minor given the victims' injuries, and that there was no motive for the drunk driving worth taking into account. It found the departure order not excessively harsh, since it gave the maximum departure period of 30 days. It also found no illegality in the denial of the stay extension, because it was made in accordance with the person's withdrawal of the application and stated intention to leave voluntarily.

What to check in a similar situation

Information about departure orders and stay extension decisions can be checked with the immigration office or foreign national office that handled the case. Case records can be checked with the court that heard it.

• Extending your period of stay
• Changing your status of stay
• Find your immigration office
• Contacts: Immigration Contact Center 1345

Terms explained

Departure order

An order from the immigration authorities telling a foreign national to leave Korea by a set deadline. In this case the deadline was the longest period allowed, 30 days.

Stay extension denial

A decision not to allow a foreign national to remain in Korea for a longer period. Here it followed the person's withdrawal of the application and stated wish to leave voluntarily.

Dismissal of claim

A court outcome in which the plaintiff's request is not accepted. The challenged actions therefore stay in place.

More rulings on this topic

• Court upholds refusal to extend overseas travel period for holder of UK high-skilled visa · Seoul Administrative Court
• Court rules departure order and residence permit revocation against foreigner caught while working one day-labor shift unlawful · Seoul Administrative Court
• Court upholds refusal to permit change of residence status applied for together with a refugee application on the stay expiry date · Seoul Administrative Court

See all 9 rulings on Stay Status & Period of Stay →

Frequently asked questions

Who brought the lawsuit?

A Korean-Chinese foreign national staying in Korea on a work-visit status brought it. The person asked the court to cancel the departure order and the stay extension denial.

How did the court decide?

The court dismissed the claim. It found that the crime harmed public order in Korea, that the offense was not minor given the victims' injuries, and that there was no understandable motive for the drunk driving. It also found the 30-day departure deadline not excessively harsh.

Does this result apply to every similar case?

No. It is the court's judgment on this particular case and does not automatically apply to other cases.