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Departure Orders, Deportation & EnforcementAdministrative

Suit to confirm no duty to pay Immigration Act fine under notification disposition inadmissible

The short answer: The plaintiffs lost, as the court found their suit inadmissible.

In a suit where plaintiffs who received a notification disposition for a fine under the Immigration Act sought confirmation that they have no duty to pay, the court found the suit inadmissible.

Who this helps

This may help people curious about how a suit was handled when it sought confirmation of no duty to pay a fine under an Immigration Act notification disposition.

Case overview

Case number
2026구합50232
Court
Seoul Administrative Court
Posted on original board
Topic
Departure Orders, Deportation & Enforcement
Original title (Korean)
[일반] 출입국관리법에 따른 범칙금의 통고처분을 받은 원고들이 위 통고처분이…

The plaintiffs received a notification disposition imposing a fine under the Immigration Act. The plaintiffs argued that the notification disposition was invalid. On that basis, they filed a suit seeking confirmation that they have no duty to pay the fine under the notification disposition.

Can a suit confirming no duty to pay an immigration fine be brought by calling the notification void?

The plaintiffs received a fine notification disposition under the Immigration Act. They argued it was void and sought confirmation that they had no duty to pay the fine. The court held that disputing the duty to pay, by arguing the notification is unlawful or that the effect of paying the fine has lapsed, cannot be a subject of an administrative lawsuit. It therefore found the suit inadmissible.

How the court ruled

The court held that disputing the duty to pay by arguing that the notification disposition is unlawful or that the effect of the fine payment has lapsed cannot be a subject of an administrative lawsuit. Therefore, the court found the plaintiffs' suit inadmissible.

What to check in a similar situation

Procedures on notification dispositions and fine payment can be confirmed with the immigration or foreigner-related office, and court procedures with the court.

Terms explained

notification disposition
A measure under the Immigration Act that tells a person to pay a fine.
fine
Money set to be paid through a notification disposition for an act that broke the law.
confirmation of no duty to pay
A suit asking a court to confirm that a person has no duty to pay the fine.
inadmissible suit
A suit that does not meet the requirements to be argued in court.

More rulings on this topic

See all 18 rulings on Departure Orders, Deportation & Enforcement →

Frequently asked questions

Who brought the suit?

Plaintiffs who received a fine notification disposition under the Immigration Act. They assumed it was void and sought confirmation of no duty to pay.

How did the court rule?

It held that disputing the duty to pay on the grounds of unlawfulness or lapsed payment effect cannot be a subject of an administrative lawsuit. It found the suit inadmissible.

Does this result apply as is to similar cases?

This is the court's decision in that case. It cannot be said to apply as is to other cases.

Source and original

Source: Republic of Korea Courts, Major Rulings of Courts Nationwide

View original ↗https://www.scourt.go.kr/portal/dcboard/DcNewsViewAction.work?seqnum=28161&gubun=44

See the full Major Rulings board ↗https://www.scourt.go.kr/portal/dcboard/DcNewsListAction.work?gubun=44

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