| Nationality |
United States |
| Case Overview |
The client was sentenced by the court to a 7 million KRW fine for the offense of general obstruction of traffic and subsequently received a deportation order from the Immigration Office. |
| Special Circumstances |
The client, who needed to care for his elderly mother with dementia in Korea, entrusted Majung with the case to file a lawsuit to cancel the deportation order. |
| Case Handler |
Partner Attorney Ji-Na Hong |
| Outcome |
Deportation order revoked |
1. Client Situation and Facts
The client, a U.S. citizen, entered South Korea in 2020 on a B-2 visa (for tourism and transit). Later that year, they changed their status to a F-4 visa (Overseas Korean) and had been living in Korea stably, pursuing a hopeful future.
However, in May 2023, the client was sentenced to a 7 million KRW fine for general obstruction of traffic. The conviction was based on allegations that the client had buried a steel pole approximately one meter high into the ground, parked a small truck next to it, and placed flowerpots nearby, thereby obstructing the passage of vehicles and pedestrians. As a result, the client was found in violation of the Immigration Control Act and was issued a deportation order.
At the time, the client was caring for their elderly mother with dementia in Korea. Being forced to leave the country meant having to leave her behind alone, putting the client in a very difficult situation. Although the client filed an administrative appeal to cancel the deportation order, it was dismissed. With no other option left, the client urgently entrusted the case to Majung, a law firm specializing in immigration cases, to file an administrative lawsuit seeking to reverse the deportation order.
2. Case Issues and Resolution Process
Majung determined that the deportation order issued against the client was excessively harsh. To emphasize that the client posed minimal risk to the public interest or safety of South Korea, we presented the following key arguments:
1) Disproportionality of the Deportation Order
We first argued that the client’s actions were not severely unlawful. The client had placed posts and flowerpots along the boundary of their privately owned land, and this did not completely block access to a public road. Therefore, the act did not constitute a serious legal violation warranting such a severe penalty.
2) Personal Circumstances Behind the Incident
We further explained that the client’s actions stemmed from a personal dispute with a neighbor. The client had previously been violently assaulted over a parking dispute and, fearing further retaliation, placed the poles and flowerpots out of a desperate need to protect themselves.
3) Justification for Remaining in Korea
Finally, we stressed that the harm to the client from being forced to leave Korea would far outweigh any public benefit from enforcing the deportation. The client had completed military service in Korea, had been living a responsible life, and was currently caring for a mother suffering from dementia. We also emphasized that the client had no prior criminal record and was deeply remorseful about the incident.
Taking a multi-faceted approach, Majung presented a detailed legal argument highlighting the serious impact deportation would have on the client. We continuously emphasized the client's difficult personal circumstances to support the case.
3. Case Outcome
Thanks to Majung’s meticulous preparation of evidence and well-reasoned legal arguments, the court ruled in favor of the client and canceled the deportation order. As a result, the client was able to avoid deportation and continue living in South Korea while caring for their mother with dementia.
4. Significance of the Judgment
If a foreign national is fined over 3 million KRW in a single case, or if the total fines exceed 5 million KRW within five years, there is a high likelihood of receiving a deportation order.
However, if the disadvantages to the individual are deemed to be significantly greater than the public interest gained from their deportation, it is possible to request a cancellation of the deportation order.
That said, this process requires clear legal reasoning and concrete supporting evidence. Therefore, it is strongly recommended to seek assistance from experts with professional experience in immigration violations and enforcement, and to prepare systematically from the very beginning.
