Court rules deportation and detention orders against plaintiff convicted of voice phishing and other crimes were lawful

Who this helps

This may help people curious about how courts review deportation and detention orders issued after a criminal conviction, where the question is whether the authority abused its discretion.

Case overview

Case number

2022구단10929

Court

Daegu District Court

Date of judgment

Nov 25, 2022 (Fri)

Topic

Criminal Cases

Original title (Korean)

보이스피싱 사기범행 등으로 유죄판결을 받은 원고에 대한 강제퇴거명령 및 보호명령이 적법하다고 한…

A deportation order and a detention order were issued against a plaintiff who was convicted of voice phishing fraud and other crimes. The plaintiff argued that there was no clear awareness that voice phishing was a crime, that the plaintiff cooperated actively with the investigation, and that a settlement had been reached with the victim. The plaintiff said the amount of methamphetamine in the drug offense was small. The plaintiff also pointed out having lived in the Republic of Korea for a long time and having family ties here. The plaintiff therefore argued that both orders exceeded and abused discretion and were unlawful.

Are deportation and detention orders against a person convicted of voice phishing and other crimes unlawful?

The plaintiff argued he had no clear awareness that voice phishing was a crime, cooperated with the investigation, and reached a settlement with the victim. He said the amount of methamphetamine in the drug offense was small. He also pointed to his long life in Korea and his family ties. On that basis he argued both orders went beyond or abused the authority's discretion. The court reviewed all of these circumstances and the evidence, but did not find the two orders unlawful.

How the court ruled

The court examined all of the circumstances the plaintiff raised and the evidence submitted. It still held that neither order could be seen as having clearly lost its reasonableness under common social standards. It also held that the disadvantage to the plaintiff could not be seen as excessive compared with the public interest the orders aim to achieve. It therefore ruled that the orders did not exceed or abuse discretion.

What to check in a similar situation

How deportation orders and detention orders are issued can be checked with the immigration and foreigner offices. The progress of the lawsuit can be checked with the court that handled it.

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• Contacts: Korea Legal Aid Corporation 132

Terms explained

Deportation order

An administrative decision requiring a foreign national to leave Korea.

Detention order

A decision to hold a foreign national at a designated place while deportation proceedings are underway.

Deviation from or abuse of discretion

This means an agency went beyond the scope of its decision-making power or used it excessively. In that case, the decision can be viewed as unlawful.

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 filed the lawsuit?

The plaintiff, who was convicted of voice phishing fraud and other crimes and received a deportation order and a detention order, filed the lawsuit.

How did the court rule?

The court found that neither order lost its validity to a great degree under common social standards. It also found that the plaintiff's disadvantage was not excessive compared with the public interest. So it held there was no deviation from or abuse of discretion.

Does this result apply as is to similar cases?

This ruling is a decision on that particular case and does not apply as is to other cases.