Recently, reports have surfaced that a joint government crackdown on undocumented foreign nationals has taken place. It was reported that around 18,000 individuals have been ordered to leave the country. This suggests that if someone stays in Korea illegally, they may be subject to forced deportation at any time.
For foreigners who wish to reside in Korea, taking the necessary legal steps is the only viable solution to avoid such consequences. Every country retains the right to enforce certain regulations regarding the entry and stay of foreigners.
It was emphasized that the unrestricted entry or residence of foreigners is not permitted. However, it was also noted that deporting foreigners without a valid reason cannot be considered justified.
The principle that state power must be exercised in accordance with legal procedures clearly applies to foreigners as well.
If a forced deportation procedure carried out under the Immigration Control Act lacks certain requirements or includes unlawful elements, it is advisable to consider raising an objection with the assistance of a legal expert.
In today's post, we will summarize key points that many people are curious about regarding forced deportation and deportation orders for foreigners. Specifically, we will look at: (1) the requirements for forced deportation and possible legal responses by foreigners, (2) how to respond during the criminal review process for foreign nationals, and finally, (3) ways to seek remedy through administrative litigation or appeals.
Contents
1: What Are the Requirements for Forced Deportation of Foreigners, and How Can Foreigners Respond Legally?
2: How Should Foreigners Prepare for Criminal Review Procedures?
3: What Are the Remedies Through Administrative Litigation and Appeals?
4: Case Study; Resolving deportation crisis through attorney's support
5. Final words
1: What Are the Requirements for Forced Deportation of Foreigners, and How Can Foreigners Respond Legally?
Key Requirements for Forced Deportation
1. Visa Violations
- Staying in Korea without a visa, or failing to extend a visa before its expiration date, can lead to forced deportation.
- According to the Immigration Control Act, foreigners who stay without a valid visa or who engage in unauthorized activities in violation of visa terms are subject to deportation.
- Even missing the visa extension deadline is considered a violation and can result in deportation, so caution is advised.
2. Involvement in Criminal Activity
- Regardless of visa status, foreigners who commit crimes may be subjected to deportation following a special judicial review.
- The Ministry of Justice has not provided specific guidelines on which crimes lead to deportation.
- However, in practice, foreigners are considered for forced deportation, removal orders, or expulsion if:
- A fine exceeds 3 million KRW, or
- The cumulative total of fines over the past five years exceeds 5 million KRW.
3. Conviction for Serious Crimes
- A confirmed sentence of imprisonment or higher may result in deportation.
- Convictions for serious offenses such as drug crimes or sexual offenses can also lead to forced deportation.
What Should You Do If You Are Involved in a Crime?
- Claim innocence and try to avoid any criminal penalties.
- Even if found guilty, seek a suspension of indictment (prosecutorial discretion) to avoid formal punishment.
In other words, if involved in a crime, the best course of action is to avoid criminal conviction altogether or pursue a disposition that exempts you from punishment (e.g., deferred prosecution). This can help prevent issues such as forced deportation, removal orders, or visa extension problems.
Therefore, it's strongly recommended to seek immediate and accurate legal counsel after any incident and to take the necessary actions promptly.
Consequences of Forced Deportation
If you are deported due to any of the above reasons, you may be prohibited from re-entering Korea for a period ranging from 1 to 10 years—a serious disadvantage.
To avoid such unfortunate situations involving forced deportation or removal orders, it is crucial to explore every possible legal and procedural option.
2: How Should Foreigners Prepare for Criminal Review Procedures?
Avoiding a forced deportation or removal order during the criminal review process for foreigners is extremely important.
What is a Criminal Review for Foreign Nationals?
A “foreign criminal review” refers to the process in which the Immigration Office examines whether a foreigner has committed a crime or violated their visa conditions, in order to determine whether they may continue residing in Korea.
Key Factors Considered During the Review
01 – Severity of the violation and motivation for the offense
02 – Whether a settlement has been reached with the victim
03 – Whether the foreigner lives with family in Korea
04 – Length of stay in Korea and whether the person has a stable life base in Korea
During this process, the following aspects are carefully examined:
- How serious the violation was
- The motive behind the offense
- Whether a settlement or agreement has been reached with the victim
- Whether the foreigner is living with family in Korea
- The length of their stay in Korea
- Whether deportation would cause a loss of their living foundation in Korea
If the crime is serious or if the foreigner has only stayed in Korea for a short period, there is a high likelihood of receiving a removal or deportation order.
On the other hand, if deportation would likely result in significant loss of livelihood due to strong local ties, the possibility of a deportation order may be relatively lower.
Therefore, it is crucial to prepare thoroughly in advance and submit all necessary documents and evidence to highlight any favorable information during the review process.
3: What Are the Remedies Through Administrative Litigation and Appeals?
Even if a forced deportation, departure recommendation, or removal order is issued following a criminal review, foreigners should not give up or fall into despair.
Such measures are all types of administrative dispositions, which means they can be challenged through legal action to seek their cancellation.
How to Respond After Receiving a Forced Deportation or Removal Order:
01 – You can file a lawsuit along with a request to suspend the effect of the deportation order.
02 – Objection filings or administrative appeals can also be used.
03 – Actively present and prove any favorable circumstances in your case.
In particular, if you file a lawsuit to cancel the administrative disposition and simultaneously apply for a stay of execution (injunction), you may be able to remain in Korea until the case is resolved. It is recommended to consider using this process.
However, taking the case to court is not the only option. The possibility of resolving the issue through (2) an objection to the administrative decision or an administrative appeal was also introduced.
For issues like visa extensions or stay period adjustments, filing an objection or administrative appeal may lead to a faster resolution.
The key point is: do not automatically accept the administrative authority’s decision. If there are circumstances in your favor, it is crucial to present and prove them actively.
4: Case Study; Resolving deportation crisis through attorney's support
A, a foreign worker, entered Korea to work. However, he suffered a serious accident at a factory, resulting in the amputation of one of his fingers.
As a result of this accident, A filed a lawsuit to claim damages, but as the legal process dragged on, his original visa period expired, placing him at risk of forced deportation.
In response, A applied for a visa extension at the Immigration Office. However, the office rejected his application, stating that a finger injury alone does not constitute sufficient grounds for extending a visa.
As a result, A, with the help of a legal expert, filed an administrative appeal seeking to overturn the denial of his visa extension through a faster process. During this process, he actively provided evidence showing why an extension was necessary.
Fortunately, the Administrative Appeals Commission quickly accepted A's claims, and he was granted a visa extension, allowing him to remain in Korea until the lawsuit was concluded.
As A’s case illustrates, whether or not forced deportation is enforced can depend on a comprehensive evaluation of various circumstances, and there are multiple avenues of relief available.
Therefore, it is crucial not to simply accept the Immigration Office’s decision, but rather to actively assert any favorable factors to protect yourself from potential disadvantages such as forced deportation.
If you're unsure about the procedures or legal options, it is highly recommended to consult with a legal expert to receive proper guidance and assistance.
5. Final words
A foreigner’s residency status is more than just a matter of paperwork — it can have a profound impact on their life. When faced with issues such as illegal stay or involvement in unexpected criminal activity, it is better to respond strategically rather than relying solely on emotional appeals.
If a person receives a forced deportation or removal order, they can pursue various legal remedies such as criminal review, administrative appeals, and administrative litigation. The most important question here is: “How should you prepare, and what strategy should you use to respond?”
If preparing on your own feels overwhelming, seeking the help of an attorney who specializes in immigration law is the right approach.
Legal issues involving forced deportation, removal orders, and expulsion are among the most common difficulties that foreign residents in Korea face. Many experience the fear of potentially not being able to continue living in Korea.
If you want to continue residing in Korea, a strategic and well-planned approach is essential.
Majung, a law firm specializing in foreigner legal matters, actively handles immigration-related issues with experience from former Immigration Office officials who directly manage these cases.
Majung is at the forefront of protecting the rights of foreigners more than anyone else.
If you are facing forced deportation, expulsion, or a removal order, don’t hesitate to seek help from Majung.
With experience handling over 12,000 foreigner-related cases, Majung offers customized legal solutions tailored to each client’s needs to resolve immigration issues.
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