Ruling Upholding Deportation Order Issued Over Remarks at Talk Concerts

Who this helps

Useful for people curious about a case where a foreigner received a deportation order over remarks. It applies only within this case's facts.

Case overview

Case number

2015구단52480

Court

Seoul Administrative Court

Date of judgment

Jul 7, 2016 (Thu)

Topic

Departure Orders, Deportation & Enforcement

Original title (Korean)

원고가 4차례에 걸쳐 토크콘서트에 참여하여 한 발언 내용이 대한민국의 이익이나 공공의 안전을 해할 우려가…

The plaintiff took part in talk concerts and spoke on 4 occasions. A deportation order was issued against the plaintiff, and the lawfulness of that measure was disputed. The plaintiff entered the Republic of Korea on a tourist visa and has lived in the United States since 2003.

Is a deportation order based on remarks at talk concerts lawful?

The plaintiff spoke at talk concerts on four occasions, and a deportation order was then issued. The dispute was whether that order was lawful. The court said the plaintiff could not be seen as someone who committed a National Security Act offense. But it looked at the remarks and the social conflict and found a risk of harm to Korea's interests or public safety.

How the court ruled

The court found that the plaintiff could not be regarded as a person who committed an offense under the National Security Act. However, it found that the remarks contained content recognizing the legitimacy of North Korea's system and regime and that could lead people to mistake North Korea for a human-rights and welfare state, and that social conflict actually deepened. It therefore recognized a risk that the plaintiff would harm the interests of the Republic of Korea or public safety. It held that the plaintiff's private interest infringed by the measure was not more significant than the public interest, so the deportation order was lawful.

What to check in a similar situation

Immigration and foreigner offices or the courts can confirm how the grounds for a deportation order and the ways to challenge it are explained.

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

Terms explained

deportation order

An administrative measure requiring a foreign national to leave Korea.

risk to public safety

A standard under which speech or conduct is seen as possibly harming the safety of society.

private vs. public interest

A comparison between the individual's interest harmed by a measure and the public interest it protects.

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?

The plaintiff, a foreigner who entered Korea on a tourist visa, challenged the lawfulness of the deportation order.

How did the court rule?

It said the plaintiff could not be seen as having committed a National Security Act offense, but found a risk to Korea's interests or public safety and upheld the order.

Does this result apply directly to similar cases?

It is the judgment in that case and does not apply directly to other cases.