Ruling: Residence Status Revocation Notified Only Orally Is Void

Who this helps

This may help people curious about a case where a residence status revocation was communicated only by word, without a written document.

Case overview

Case number

2023구단11356

Court

Daegu District Court

Date of judgment

Jan 10, 2024 (Wed)

Topic

Stay Status & Period of Stay

Original title (Korean)

구두로 고지한 체류자격취소처분이 당연무효라고 판단한 사례(대구지법 2023구단11356 판결)

The agency that made the decision told the plaintiff of the revocation of residence status only orally, not in writing. The parties did not dispute this fact. The agency argued that the procedural defect was cured because it issued the written disposition ten days later.

Is a residence status revocation valid if it is only told orally?

The agency told the plaintiff of the revocation of residence status only orally, and this fact was not disputed. The agency argued that giving the written notice ten days later cured the procedural defect. The court held that the Administrative Procedure Act rule requiring a written disposition also applies to residence status revocations. It found that a disposition made without a written notice has a serious and obvious defect and is void.

How the court ruled

The court held that the Administrative Procedures Act provision requiring a written disposition to be prepared and delivered applies in full to revocation of residence status. It found it hard to accept that there were urgent circumstances or that the matter was minor. A disposition made without a written document has a serious and obvious defect and is void, and the defect of a void disposition cannot be cured by later delivery of the document. The court therefore found this disposition void as a matter of course.

What to check in a similar situation

Whether a written notice was received can be checked with the immigration or foreigner office that made the disposition. The procedure for disputing a disposition's effect can be checked with the court.

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

Terms explained

Void from the start

The defect is so serious and obvious that the act is treated as having no effect from the beginning.

Written disposition

A document in which an administrative agency records what it decided and gives it to the person concerned.

Administrative Procedure Act

A law that sets the procedures an administrative agency follows when it makes a disposition.

Residence status revocation

An administrative act in which the agency takes back the residence status it had given to a foreigner.

More rulings on this topic

• Court upholds refusal to extend overseas travel period for holder of UK high-skilled visa · Seoul Administrative Court
• Court rules departure order and residence permit revocation against foreigner caught while working one day-labor shift unlawful · Seoul Administrative Court
• Court upholds refusal to permit change of residence status applied for together with a refugee application on the stay expiry date · Seoul Administrative Court

See all 9 rulings on Stay Status & Period of Stay →

Frequently asked questions

Who brought the case?

The plaintiff, who received the residence status revocation, brought the case. The agency that made the disposition was the other side.

How did the court rule?

The court held that a revocation told only orally, without a written notice, has a serious and obvious defect and is void from the start. It said a written notice given later cannot cure the defect.

Does this result apply as it is to similar cases?

This is the court's judgment in that particular case. It cannot be taken to apply as it is to other cases.