Ruling upholds deportation and detention orders against a foreign national who reached a settlement after arrest on suspicion of sexual assault

Who this helps

This may help people looking into how courts review deportation and detention orders issued to a foreign national staying on a business investment status.

Case overview

Court

Daegu District Court

Posted on original board

Jul 24, 2014 (Thu)

Topic

Departure Orders, Deportation & Enforcement

Original title (Korean)

피고가, 기업투자(D-8) 체류자격으로 대한민국에 입국하여 체류하고 있는 자로서 파키스탄 국적의 외국인인 원고에 대하여,…

The authority issued a deportation order and a detention order to a Pakistani national residing under the corporate investment (D-8) status, on the ground that a reason specified in Article 11(1) of the Immigration Act existed. The foreign national filed a lawsuit seeking cancellation, arguing the orders were unlawful.

Can a court cancel a deportation order issued to a business investor after a sexual assault arrest and settlement?

The authority issued a deportation order and a detention order to a Pakistani national staying under the business investment (D-8) status. It cited grounds under the Immigration Act. The man sued, saying the orders were unlawful. The court weighed the public-interest nature of immigration administration, the investigation up to the settlement, the seriousness of the offense, his criminal record, business size, family ties and need to stay. It found no abuse of discretion.

How the court ruled

The court examined the public-interest nature of immigration administration, the investigation details from the arrest to the settlement and the seriousness of the offense, prior criminal record, business scale, family relations, and the need to stay. It found reasonable grounds to recognize a risk that this person would harm the interests, security and order of the Republic of Korea, and cause considerable harm to social order and public morals. It therefore judged that the deportation order and detention order did not exceed or abuse discretion, and dismissed the claim.

What to check in a similar situation

Details about a deportation or detention order, and about the procedure for challenging it, can be confirmed with the immigration office handling the case or with the court where the suit is filed.

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

Terms explained

Deportation order

An administrative order requiring a foreign national to leave the country. It is issued when the legal grounds in the Immigration Act are found to apply.

Detention order

An order to hold a foreign national in a facility while the removal process goes forward.

Abuse of discretion

A situation where an authority uses its decision-making freedom beyond proper limits. A court may cancel an order on this basis.

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 brought the lawsuit?

A Pakistani national who had entered Korea in 2005 and stayed under the business investment (D-8) status. He argued that the deportation and detention orders were unlawful.

How did the court rule?

The court found substantial reason to believe he could harm national interest, safety and order, and public morals. It held that the orders did not abuse discretion and rejected the claim.

Does this result apply to every similar case?

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