| Nationality |
China |
| Case Overview |
The client was arrested for driving a car while intoxicated. |
| Special Circumstances |
A fine of 300,000 KRW or more can result in a deportation order from the Immigration Office. |
| Case Handle |
Lead Attorney Yongjun Kim |
| Outcome |
Fine reduced to 200,000 KRW. |
1. Client Situation and Facts
The client, Mr. J, a Chinese national, grew up in poverty under a single mother. Seeking a better life, he entered Korea on an H-2 visa and worked diligently at construction sites, establishing a stable life in Korea. Recently, his only family, his mother, passed away in China due to illness. The client couldn’t return to China due to COVID-19 and missed his mother's final moments.
On the day of the incident, Mr. J met with friends from his hometown for the first time in a while and informed them of his mother's passing. Despite not being a regular drinker, he consumed alcohol to cope with his grief and, for the first time, drove under the influence.
When Mr. J visited Ma-Jung, he was deeply remorseful for his actions and had been making efforts to prevent reoffense by using public transportation, abstaining from alcohol, and writing letters of remorse. Despite his drunk driving, Ma-Jung aimed to minimize the penalty due to his dire circumstances.
2. Case Issues and Resolution Process
Ma-Jung emphasized that a fine of 300,000 KRW or more would result in mandatory deportation. The Immigration Control Act allows deportation for individuals deemed a threat to public safety or when the Minister of Justice considers their presence inappropriate. In practice, foreigners convicted of drunk driving with a fine exceeding 300,000 KRW face deportation.
Ma-Jung highlighted the client's earnest and lawful lifestyle in Korea and argued that deportation would strip him of his life foundation, leaving him without any family support in China. We strongly requested leniency to avoid a 300,000 KRW fine and the subsequent deportation order.
3. Case Outcome and Client Benefit
The administrative court sentenced the client to a
200,000 KRW fine, preventing a deportation order from the Immigration Office.
4. Significance of the Judgment (Explanation of the Disposition)
For foreign nationals, involvement in criminal cases can lead to deportation or expulsion from Korea. Serious crimes leading to imprisonment almost certainly result in deportation, and fines of 300,000 KRW or more also typically lead to deportation orders. Additionally, a total fine of 500,000 KRW over five years can result in deportation.
Effectively addressing criminal cases and avoiding severe penalties are crucial. Accurate early response is essential to prevent escalation, and proactive efforts to reduce penalties are necessary to stay below the deportation threshold.
