Foreign worker injured while fleeing a crackdown: damages claim not accepted

Who this helps

This may help people who want to see how a court handled a damages claim over an injury suffered while fleeing an unauthorized-stay crackdown. It covers only this one case.

Case overview

Case number

2019나15366

Court

Ulsan District Court

Posted on original board

Jan 29, 2021 (Fri)

Topic

Departure Orders, Deportation & Enforcement

Original title (Korean)

불법체류 단속 피해 도망가다(울산지방법원 2019나15366)

A foreign worker was running away to avoid a crackdown on unauthorized stayers. While jumping over a wall, the worker suffered a broken bone. The worker filed a lawsuit against the Ministry of Justice seeking damages. The worker lost in the first trial and appealed.

Can an injured worker win damages from the state after fleeing an immigration crackdown?

A foreign worker tried to escape a crackdown on unauthorized stay. The worker jumped over a wall and broke a bone. The worker then sued the Ministry of Justice for damages and lost in the first trial. On appeal, the court did not accept the claim and dismissed the appeal.

How the court ruled

The appeals court did not accept the damages claim. It dismissed the appeal against the first-instance judgment.

What to check in a similar situation

Details of the crackdown procedure can be checked with immigration offices. Court records for this case can be checked with the court that handled it.

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

Terms explained

damages claim

A lawsuit asking another party to pay money for harm suffered, such as an injury.

appeal dismissed

The higher court rejects the appeal and leaves the first-trial result in place.

crackdown on unauthorized stay

An enforcement action aimed at foreign nationals who stay in the country without permission.

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 foreign worker brought it. The worker was injured while fleeing a crackdown on unauthorized stay and sued the Ministry of Justice for damages.

How did the court rule?

The appeals court did not accept the damages claim. It dismissed the worker's appeal against the first-trial judgment.

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.