Departure order upheld for foreigner with suspended indictment for drug import

Who this helps

This may be useful for foreigners facing a departure order after a suspended indictment in a drug case. It is most relevant where the medicine was prescribed in the home country.

Case overview

Case number

2022구합51

Court

Jeju District Court

Posted on original board

Jan 31, 2023 (Tue)

Topic

Departure Orders, Deportation & Enforcement

Original title (Korean)

마약류관리에관한법률위반(향정)죄로 기소유예 처분을 받은 외국인에 대한 출국명령의 적법 여부(제주지방법원 2022구합51)

A foreign national entered the country around October 2021 carrying 506 tablets of clonazepam, a psychotropic drug. The person received a suspended indictment on suspicion of violating the Narcotics Control Act. When the immigration authority (the defendant) issued a departure order, the plaintiff asked the court to cancel it, arguing that the harm to the plaintiff was far greater than the public interest sought, making the order excessively harsh.

Is a departure order unlawful if the drug was prescribed in my home country?

A foreigner entered the country in about October 2021 carrying 506 tablets of clonazepam, a psychotropic drug. The person received a suspended indictment for violating the drug control act and was then given a departure order. The plaintiff argued the order was too harsh because the harm to them was far greater than the public interest sought. The court found no abuse of discretion and dismissed the claim.

How the court ruled

The court held that, in deciding on the entry and exit of foreigners, the public interest in protecting the state's interests and security is to be given greater weight than the individual's disadvantage. It found that drug crimes carry a high risk of harming public health and have a very serious negative effect on society as a whole. It said that the claim that the person did not know the medication prescribed in the home country was a controlled drug under Korean law did not show that the person was free of fault. The court therefore found no abuse or excess of discretion in the departure order and dismissed the claim.

What to check in a similar situation

The immigration office that issued the order and the court handling the case are the official places where the reasons for the order and the procedure for challenging it can be confirmed.

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

Terms explained

Departure order

An order from immigration authorities telling a foreigner to leave the country, which is different from a forced deportation.

Suspended indictment

A decision by a prosecutor not to bring the case to court even though the offense is recognized, taking the person's circumstances into account.

Abuse of discretion

A claim that an authority used its decision-making power beyond its limits or unfairly. The court found none 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 foreigner who received the departure order filed it. The person asked the court to cancel the order.

How did the court rule?

The court dismissed the claim. It found that the departure order did not exceed or abuse the authority's discretion.

Does this result apply to every similar case?

No. It is the court's judgment on this particular case and does not apply as is to other cases.