Ruling upholding a departure order based on a criminal record

Who this helps

This may help people curious about a foreign national who received a departure order after a criminal conviction in Korea. It reflects only the facts of this case.

Case overview

Case number

2021구단52003

Court

Incheon District Court

Date of judgment

Mar 8, 2022 (Tue)

Topic

Criminal Cases

Original title (Korean)

중국 국적의 원고가 피고(인천출입국.외국인청장)를 상대로 제기한 출국명령처분취소…

The plaintiff, a Chinese national, tried to distribute counterfeit KF94 masks in Korea without a manufacturing report or product approval, and received a suspended prison sentence for violating the Pharmaceutical Affairs Act. The Head of the Incheon Immigration and Foreign Nationals Office issued a departure order to the plaintiff on the grounds of this criminal offense. The plaintiff filed a lawsuit seeking cancellation of the order.

Can a departure order based on a criminal record be cancelled?

The plaintiff, a Chinese national, received a suspended prison sentence under the Pharmaceutical Affairs Act for trying to distribute fake KF94 masks. The head of the Incheon Immigration Office issued a departure order because of this crime. The plaintiff sued to have the order cancelled. The court held that the crime was a ground for deportation under the Immigration Act.

How the court ruled

The court found that the offense the plaintiff committed in Korea is grounds for deportation under the Immigration Control Act. It therefore held the departure order lawful and rejected the plaintiff's claim to cancel it.

What to check in a similar situation

The immigration office can confirm the reasons stated in a departure order. The court can confirm the case record and the written judgment.

• Find support centers
• Emergency phone numbers
• Contacts: Korea Legal Aid Corporation 132

Terms explained

departure order

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

deportation

A procedure for removing a foreign national from Korea on grounds set by law. The court found the plaintiff's crime fell under it.

suspended sentence

A guilty verdict with a prison term whose execution is put off for a period.

claim dismissed

A court decision that does not accept the arguments of the person who sued.

More rulings on this topic

• Ruling sentencing a defendant to 1 year in prison for illegal entry, illegal stay and aiding another person's illegal entry · Busan District Court
• Students' submission of bank balance certificate found to be an application by improper means · Seoul Eastern District Court
• Court upholds departure order for foreign national fined for drunk driving · Daegu District Court

See all 28 rulings on Criminal Cases →

Frequently asked questions

Who brought the lawsuit?

A Chinese national sued the head of the Incheon Immigration Office to cancel a departure order.

How did the court rule?

The court held that the crime committed in Korea was a ground for deportation. It found the departure order lawful and dismissed the claim.

Does this result apply directly to similar cases?

It is a ruling on this case only and does not apply directly to other cases.