Court revokes repeated extensions of exit ban

Who this helps

This may help people whose exit ban for a criminal investigation was extended again and again. It only covers the kind of dispute described in this ruling.

Case overview

Case number

2023구단76184

Court

Seoul Administrative Court

Posted on original board

Jun 3, 2024 (Mon)

Topic

Departure Orders, Deportation & Enforcement

Original title (Korean)

[일반] 범죄 수사를 위하여 출국이 적당하지 않다'는 출입국관리법 제4조 제2항…

An exit ban was first imposed on the grounds that leaving the country was not appropriate because of a criminal investigation. Afterward, for over two years and one month, measures extending the exit ban period in 1-month increments were repeated. A lawsuit was filed over the extension measure.

Can an exit ban for a criminal investigation keep being extended month after month?

An exit ban was first issued because leaving the country was judged unsuitable for a criminal investigation. After that, it was extended in one-month steps for more than about two years and one month. The plaintiff sued over the extension. The court found that material evidence in the criminal case was already secured and that ties to family living in Korea were fairly clear. So it held that the grounds for the ban no longer existed and cancelled the extension.

How the court ruled

The court found that physical evidence in the criminal case had already been secured. It also found that ties and roots with family members living in Korea were relatively clear. For these reasons, it judged that grounds for banning departure could no longer be regarded as met, and it revoked the measure extending the exit ban period.

What to check in a similar situation

Details on how an exit ban and its extensions are handled can be checked with the immigration office or the court that handles the case. These bodies can also confirm the stated grounds for an extension.

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

Terms explained

Exit ban

An administrative measure that bars a person from leaving the country. Here it was based on the need for a criminal investigation.

Extension disposition

A decision that lengthens the period of an exit ban. In this case it was repeated in one-month steps.

Cancellation of disposition

A court ruling that removes the legal effect of an administrative decision. Here the extension of the exit ban was cancelled.

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 brought the lawsuit and who won?

The person subject to the exit ban brought the suit as the plaintiff. The court cancelled the extension, so the plaintiff won.

Why did the court cancel the extension?

The court found that material evidence in the criminal case was already secured. It also found that the plaintiff's ties to family living in Korea were fairly clear. It concluded the grounds for the ban were no longer met.

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.