Court rules departure order without clearly stated basis and reasons is unlawful

Who this helps

This may be useful for people who received a departure order and want to see how a court looked at the explanation of its basis and reasons.

Case overview

Case number

2013구합30612

Court

Seoul Administrative Court

Date of judgment

Jul 3, 2014 (Thu)

Topic

Departure Orders, Deportation & Enforcement

Original title (Korean)

근거와 이유가 명확하게 제시되지 아니한 출국명령은 위법하다는 판결

This is a lawsuit brought by a person who received a departure order against the authority that issued it. The disputed issues were whether the departure order is a disposition subject to the Administrative Procedure Act, and whether the recipient could sufficiently understand its basis and reasons.

Is a departure order unlawful if it does not clearly state its basis and reasons?

A person who received a departure order sued the authority that issued it. Two points were disputed. One was whether a departure order is a measure covered by the Administrative Procedure Act. The other was whether the person could fully understand the basis and reasons for the order. The court held that the Act applies and that the basis and reasons were not clearly presented, so the order was unlawful.

How the court ruled

The court found that this departure order does not fall under the exceptions to the Administrative Procedure Act and is a disposition subject to that Act. It also found that, even considering not only the content of the departure order document but also the whole process leading to the order and the relevant laws, it is hard to say the recipient could sufficiently understand which facts and laws the order was based on. Therefore, the court held that a departure order whose basis and reasons are not clearly stated is unlawful.

What to check in a similar situation

The departure order document, the process leading up to it, and the related laws are the materials the court examined. Immigration and foreign nationals offices and the courts are the official bodies that handle such orders and cases.

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

Terms explained

Departure order

An order issued by an immigration authority telling a foreign national to leave the country. It is treated as an administrative measure.

Administrative Procedure Act

A law that sets out the procedures administrative bodies follow when they take measures affecting individuals, including explaining the basis and reasons.

Basis and reasons

The facts and the legal provisions on which a measure rests. The person affected needs to be able to understand them.

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 person who had received a departure order brought the lawsuit against the authority that issued the order.

How did the court decide?

The court held that the departure order is covered by the Administrative Procedure Act. It found that the person could hardly have understood the facts and laws behind the order, so it ruled the order unlawful.

Does this result apply to every similar case?

No. This is the court's decision in this specific case and does not apply as is to other cases.