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.
- Find your immigration office
- Extending your period of stay
- Contacts: Immigration Contact Center 1345
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
- 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
- Court revokes repeated extensions of exit ban · Seoul Administrative Court
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
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