Court upholds departure order for foreign national fined for drunk driving

Who this helps

This may be a useful reference for foreign nationals facing a departure order after a criminal conviction for drunk driving.

Case overview

Case number

2023구단11059

Court

Daegu District Court

Date of judgment

Sep 13, 2023 (Wed)

Topic

Criminal Cases

Original title (Korean)

음주운전으로 형사처벌받은 외국인취업자에 대한 출국명령이 적법하다고…

A Kazakhstan national drove under the influence of alcohol while staying in Korea. The person was convicted and fined 4,000,000 won (KRW). A departure order was then issued against this person, and a lawsuit was filed against that order.

Is a departure order lawful after a foreign national is fined for drunk driving?

A Kazakh national was convicted of drunk driving while staying in Korea and fined 4 million won. A departure order followed, and the person sued over it. The dispute was whether the order went beyond or abused the authority's discretion. The court weighed the public interest in immigration control, the seriousness of the offense, and the disadvantages the order would cause. It found no excess or abuse of discretion.

How the court ruled

The court weighed the public interest in immigration administration, the seriousness of the offense, and the disadvantage the person would suffer from the order. It concluded that the departure order could not be seen as exceeding or abusing discretion. The order was held to be lawful.

What to check in a similar situation

Details on departure orders and how they are issued can be confirmed with the immigration office or the court handling the case.

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

Terms explained

Departure order

An administrative measure requiring a foreign national to leave the country. Here it was issued after a criminal conviction.

Abuse of discretion

When an authority uses its decision-making power beyond proper limits or unfairly. The court found no such abuse here.

Fine

A criminal penalty requiring payment of money. Here it was 4 million won for drunk driving.

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

See all 28 rulings on Criminal Cases →

Frequently asked questions

Who brought the lawsuit and why?

A Kazakh national who was fined 4 million won for drunk driving sued over the departure order issued afterward.

How did the court rule?

The court weighed the public interest in immigration control, the seriousness of the offense, and the disadvantages to the person. It held the order was not an excess or abuse of discretion and was lawful.

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.