Ruling Upholding Departure Order for Foreigner Who Tested Positive for Cannabis

Who this helps

This may be useful for foreign nationals who received a departure order after a positive cannabis test and want to see how a court reviewed it.

Case overview

Court

Daejeon District Court

Posted on original board

Apr 17, 2014 (Thu)

Topic

Departure Orders, Deportation & Enforcement

Original title (Korean)

대마 양성반응이 나온 외국인의 출국명령이 적법하다고 본 사례

A departure order was issued against a plaintiff of foreign nationality who tested positive for cannabis in urine and hair tests, and the plaintiff brought a lawsuit over it.

Is a departure order lawful for a foreigner who tested positive for cannabis?

A foreign national tested positive for cannabis in both a urine test and a hair test. A departure order was issued, and the plaintiff sued over it. The court found the plaintiff fell under the Immigration Act categories, including a drug addict or a person considered likely to harm public health. It also found it hard to say the order exceeded or abused the authority's discretion.

How the court ruled

The court found that the plaintiff falls within the categories of persons subject to a departure order under the Immigration Act, such as a drug addict or a person recognized as likely to harm public health. It also found it difficult to see the departure order against such a plaintiff as exceeding or abusing discretionary authority.

What to check in a similar situation

Immigration and foreigner offices can confirm the conditions for a departure order and the procedure, and courts can confirm how a lawsuit proceeds and what was decided.

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

Terms explained

departure order

An administrative measure telling a foreigner to leave Korea within a set period.

drug addict

One category of person subject to a departure order under the Immigration Act. The court found the plaintiff fell under it.

person likely to harm public health

A person recognized as posing a risk to public health. This is another category of departure order target in the ruling.

deviation or abuse of discretion

Going beyond or misusing the range of judgment given to an agency. The court found this hard to say here.

More rulings on this topic

• Suit to confirm no duty to pay Immigration Act fine under notification disposition inadmissible · Seoul Administrative Court
• Case on whether a decision rejecting an objection to a detention order can be challenged in court · Seoul High Court
• Ruling on a Departure Order Issued to a Person Who Entered on Working Holiday (H-1) Status · Seoul Administrative Court

See all 18 rulings on Departure Orders, Deportation & Enforcement →

Frequently asked questions

Who filed the lawsuit?

A foreign national who tested positive for cannabis in urine and hair tests sued over the departure order.

How did the court rule?

The Daejeon District Court found the plaintiff was a person subject to a departure order. It also found it hard to say the order exceeded or abused discretion.

Does this result apply as is to every similar case?

No. It is the court's decision in that case and does not apply as is to other cases.