Court upholds departure order against foreign national with prior punishments for drunk and unlicensed driving

Who this helps

This may be useful for readers curious how a court treated a departure order issued to a foreign national with prior punishments for drunk and unlicensed driving.

Case overview

Case number

2019구합990

Court

Ulsan District Court

Posted on original board

Oct 8, 2020 (Thu)

Topic

Departure Orders, Deportation & Enforcement

Original title (Korean)

음주운전 반복 외국인 출국명령 정당(울산지방법원 2019구합990)

There was a foreign national who had been punished 3 times for drunk and unlicensed driving. This person was described as a Joseonjok (ethnic Korean from China). The head of the immigration office issued a departure order to this foreign national, and whether the measure was justified was disputed.

Is a departure order lawful for a foreign national punished several times for drunk and unlicensed driving?

The case involved a foreign national punished three times for drunk and unlicensed driving. The person was described as Joseonjok. The head of the immigration office issued a departure order, and whether that order was lawful was disputed. The Ulsan District Court found the order lawful.

How the court ruled

The court ruled that the departure order issued by the head of the immigration office to a foreign national who had been punished 3 times for drunk and unlicensed driving was justified.

What to check in a similar situation

The immigration office that issued the order and the court can confirm the details of the order and the procedure for contesting it.

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

Terms explained

Departure order

An administrative measure telling a foreign national to leave Korea within a set period.

Immigration office head

The head of the office handling entry and stay of foreign nationals. In this case, the official issued the departure order.

Unlicensed driving

Driving without a driver's license. In this case it was mentioned together with drunk driving as part of the punishment history.

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 received the departure order?

A foreign national with three prior punishments for drunk and unlicensed driving. The person was described as Joseonjok.

How did the court rule?

The Ulsan District Court found the departure order issued by the immigration office head lawful.

Does this result apply directly to similar cases?

This is the court's decision in that one case. It cannot be taken to apply directly to other cases.