Ruling Cancelling Deportation Order for a Foreign National Whose Life Is Rooted Only in Korea

Who this helps

People looking at how a court treated a deportation order and a detention order against a foreigner whose economic, social and cultural base is only in Korea.

Case overview

Case number

2017구합2276

Court

Cheongju District Court

Posted on original board

May 31, 2018 (Thu)

Topic

Departure Orders, Deportation & Enforcement

Original title (Korean)

강제퇴거명령 및 보호명령 취소(2017구합2276)

The head of the Cheongju Immigration Office issued a deportation order and a detention order against a foreign national, the plaintiff. The plaintiff's economic, social and cultural life had been rooted only in the Republic of Korea. The plaintiff filed a lawsuit seeking cancellation of these orders.

Can a foreigner whose life is only in Korea be deported for overstaying and illegal work caused by the parents?

The head of the Cheongju immigration office issued a deportation order and a detention order against the plaintiff. The plaintiff's economic, social and cultural base had formed only in Korea. The plaintiff sued to cancel the orders. The court found that the overstay and illegal work came from the parents' fault, not from the plaintiff's own wrongdoing.

How the court ruled

The court found that the plaintiff's illegal stay and illegal employment arose from the parents' fault, not from the plaintiff's own unlawful acts. It therefore held that the plaintiff could not be regarded as so anti-social as to justify forced removal, and cancelled the deportation order and others.

What to check in a similar situation

Details about deportation orders and detention orders can be checked with immigration and foreigner offices, and court records can be checked with the court that handled the case.

• 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 by force.

Detention order

An order that holds a foreign national in a facility while removal is pending.

Antisocial nature

The degree of harm to society that could justify forced removal. The court found it was not high enough 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 received a deportation order and a detention order from the head of the Cheongju immigration office filed it, asking the court to cancel them.

How did the court rule?

The court cancelled the orders. It found the overstay and illegal work came from the parents' fault, so the plaintiff could not be seen as antisocial enough for forced removal.

Does this result apply to every similar case?

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