Ruling That a Departure Order Against a Chinese National With Multiple Criminal Penalties Was Lawful

Who this helps

This may be useful for readers curious about a departure order issued to a foreign national who received fines or suspended indictments for crimes while overstaying.

Case overview

Court

Incheon District Court

Posted on original board

May 29, 2015 (Fri)

Topic

Departure Orders, Deportation & Enforcement

Original title (Korean)

수 차례 범죄를 저질러 벌금 등의 처벌을 받은 외국인에 대한 출국명령이 적법하다고 본 사례

The plaintiff, a Chinese national, had received fine dispositions and suspended prosecution dispositions while staying unlawfully, for forging and using a resident registration card, assault, and drunk driving and causing injury. The Director of the Incheon Immigration Office issued a departure order to the plaintiff under the Immigration Act. A lawsuit was filed against it.

Is a departure order lawful for a foreign national fined for crimes while overstaying?

The plaintiff, a Chinese national, had received fines and suspended indictments while overstaying. The offenses were forging and using a resident registration card, assault, and drunk driving with injury. The Head of the Incheon Immigration Office issued a departure order under the Immigration Act, and a lawsuit followed. The court found the order did not exceed the scope of the authority's discretion or misuse it, and held it lawful.

How the court ruled

The court determined that the Director's departure order could not be regarded as exceeding the scope of decision-making authority or misusing that authority. It therefore found the departure order lawful.

What to check in a similar situation

The legal basis and reasons for a departure order can be checked with the immigration office. The court handling the lawsuit can explain how such a challenge proceeds.

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

Terms explained

Departure order

An administrative measure that orders a foreign national to leave Korea.

Suspended indictment

A decision where a prosecutor, after weighing the circumstances, chooses not to bring a case to trial even though a suspicion exists.

Abuse of discretion

When an agency goes beyond the scope of its decision-making authority or uses that authority wrongly.

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?

The plaintiff was a Chinese national who received the departure order. This person had received fines and suspended indictments for several crimes while overstaying.

How did the court rule?

The court found that the Head of the Incheon Immigration Office did not go beyond the scope of discretion or misuse it. It held the departure order lawful.

Does this result apply as-is to similar cases?

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