| Nationality |
Mongolia |
| Visa |
C-3 (Short-term Visit) |
| Occupation |
Cleaner at a Cleaning Company |
| Case Overview |
The client became an illegal immigrant due to the inability to return to their home country during the COVID-19 pandemic, leading to detention at a foreigner protection center. |
| Special Circumstances |
The client suffers from Patent Ductus Arteriosus, a condition requiring medical treatment. The employer initiated the case. |
| Outcome |
Temporary release granted for 3 months, considering medical treatment and recovery. |
1. Client Situation and Facts
The client, A, a Mongolian national, entered Korea in 2019 on a short-term visa. Due to the COVID-19 pandemic, flight availability was significantly reduced, preventing A from returning to Mongolia, leading to an overstay and eventual status as an illegal immigrant. To sustain a basic livelihood, A began working at a cleaning company. Despite harsh working conditions, A found satisfaction in seeing the cleaned buildings.
A suffers from Patent Ductus Arteriosus, a congenital heart condition requiring medical intervention. Although A managed with temporary medication, an encounter with the police led to A's detention at a foreigner protection center after being reported.
The employer, concerned for A's health and wishing for A to have positive memories of Korea before returning home, sought Ma-Jung’s help for a temporary release application.
2. Case Issues and Resolution Process
1) Medical Condition and Humanitarian Consideration
A’s congenital heart condition necessitated medical treatment beyond the scope available in Mongolia. Upon nearing the end of the available medication, the immigration office allowed A to receive medical care during detention.
The attending physician indicated that temporary medication was insufficient and that A required surgery, which was not available in Mongolia. This necessitated A to remain in Korea for the procedure.
2) Employer’s Support and Documentation
The employer deposited a security bond and prepared a place for A to stay during the temporary release period. Ma-Jung submitted medical opinions, conversations with the physician, and other relevant documents to the immigration office, emphasizing the necessity of temporary release for humanitarian reasons.
3. Case Outcome and Client Benefit
The immigration office
approved the temporary release of A, granting a 3-month release period to allow for the surgery and necessary recovery time.
4. Significance of the Judgment (Explanation of the Disposition)
Temporary release under the Immigration Control Act and its enforcement decree involves complex procedures and strict criteria. Securing such a decision, especially for those already subject to deportation or detention, is challenging.
Ma-Jung, led by former Immigration Office Prosecutor Yongjun Kim, adeptly navigated the procedural intricacies and effectively communicated the humanitarian grounds necessitating A’s release. This expertise ensured that A could prepare for the essential medical procedure outside detention.
For foreign nationals facing sudden detention, understanding the temporary release process is crucial, especially when language barriers complicate matters. Promptly consulting with experienced legal professionals familiar with immigration procedures is advised.
We hope A successfully undergoes the required medical treatment and returns home in good health to reunite with family. We also extend our gratitude to the employer for entrusting this case to Ma-Jung.
