| Occupation |
D4 Visa (Language Study) |
| Case Overview |
The client faced a four-month imprisonment sentence for violating COVID-19 quarantine regulations. |
| Special Circumstances |
The client, a Turkish national, entered Korea to pursue a relationship and marriage with their significant other. The client visited the immigration office during the two-week quarantine period, violating the Infectious Disease Prevention and Control Act. |
| Outcome |
Suspended sentence, exempting the client from criminal review. |
1. Client Situation and Facts
The client, Mr. A, a Turkish national, graduated from university and met a Korean national through mutual acquaintances. After developing a relationship through messages and video calls, Mr. A entered Korea on a D4 visa in December 2020 to pursue this relationship further. Upon arrival, he was required to undergo a two-week quarantine. During this period, Mr. A learned that he needed to submit documents to register for a Korean language course before the registration deadline. In a state of urgency, he visited the immigration office, violating quarantine regulations.
This violation led to a police investigation and the prosecution seeking a four-month imprisonment. Faced with this situation, Mr. A’s partner sought urgent assistance from Ma-Jung.
2. Case Issues and Resolution Process
1) Clear Misunderstanding or Mistake
Mr. A faced potential deportation if convicted, which would jeopardize his marriage plans. Ma-Jung strategized with Mr. A’s partner to explain the circumstances leading to the violation accurately.
We clarified that Mr. A visited the immigration office due to a misunderstanding of the registration process for foreign students, believing he had no other option to stay in Korea and continue his education. We emphasized that his actions were due to a clear misunderstanding rather than intentional defiance of the law.
Additionally, we argued that Mr. A's case was fundamentally different from other quarantine violations where foreign nationals engaged in social gatherings. Mr. A, a young student with limited social experience, acted out of genuine confusion and later advocated for strict adherence to quarantine measures among his peers.
2) Marriage Registration with Partner
Ma-Jung presented evidence of Mr. A’s legitimate intent to marry his partner. They had registered their marriage in May, and Mr. A had been maintaining close relationships with his partner's family and friends. We argued that deportation would not only disrupt Mr. A’s life but also his partner’s, as their future plans hinged on being together in Korea.
3. Case Outcome and Client Benefit
With Ma-Jung’s active assistance,
Mr. A received a suspended sentence, exempting him from further criminal review by the immigration office. This allowed Mr. A to remain in Korea without the risk of deportation.
4. Significance of the Judgment (Explanation of the Disposition)
When foreign nationals face legal challenges in Korea, the consequences can extend beyond criminal penalties to include deportation, which can disrupt their entire lives. Early and precise legal intervention is crucial to address the complexities of such cases effectively.
By emphasizing genuine remorse, clear misunderstandings, and the importance of maintaining family unity, Ma-Jung successfully secured a favorable outcome for Mr. A, allowing him and his partner to continue their life together in Korea. We sincerely hope Mr. A and his partner enjoy a happy married life in Korea. Thank you for trusting Ma-Jung with your case.
