| Nationality |
China |
| Case Overview |
The client received a forced deportation order due to illegal stay status. |
| Special Circumstances |
The client was undergoing an administrative appeal against the deportation order but failed to apply for a stay of execution, resulting in illegal stay status. |
| Case Handlers |
Deputy Chief Attorney Juhyeong Kim, Partner Attorney Jeongyoon Park |
| Outcome |
Minimization of re-entry ban period. |
1. Client Situation and Facts
The client, a Chinese national, had a criminal conviction leading to a deportation order from the Immigration Office. An administrative appeal was filed to cancel the deportation order, but without applying for a stay of execution, the client became an illegal resident after the departure deadline. Consequently, the client received a forced deportation order and sought urgent assistance from Ma-Jung Foreign Client Center.
2. Case Issues and Resolution Process
1) Filing for Stay of Execution and Arguing Against Deportation Order
Ma-Jung promptly filed an administrative lawsuit seeking to cancel the forced deportation order and applied for a stay of execution. The court granted the stay, halting the deportation until the lawsuit concluded.
Ma-Jung argued that the forced deportation order was excessively harsh and beyond the administrative authority’s discretion. The client had shown genuine remorse for the prior offense, had no other criminal record, promptly paid the fines upon realizing the illegal stay, and was living a model life with all immediate family residing in Korea.
Furthermore, Ma-Jung highlighted procedural flaws in the Immigration Office’s actions, such as the lack of clear reasons for the deportation order and the generic citation of legal provisions, which violated proper administrative procedures. The Immigration Office responded that the client violated the departure order, justifying their actions.
2) Negotiating with Immigration Office
After Ma-Jung indicated plans to refute the Immigration Office’s legal stance, the office proposed a settlement: reduce the re-entry ban period if the client agreed to withdraw the lawsuit and voluntarily leave Korea.
3. Case Outcome and Client Benefit
The client agreed to the settlement, promising to leave Korea within the agreed timeframe. The Immigration Office
minimized the re-entry ban period, leading to an amicable resolution without waiting for a court judgment.
4. Significance of the Judgment (Explanation of the Disposition)
Foreign nationals residing in Korea who violate the law may face deportation or revocation of residency status at the discretion of the Immigration Office. However, it’s possible to argue that such measures constitute an abuse of discretion if the severity of the offense and its societal impact do not justify the resulting hardships.
Ma-Jung Foreign Client Center effectively aids foreign nationals facing residency issues, providing optimal solutions through thorough legal strategies. In this case, the client avoided prolonged deportation and minimized the re-entry ban, thanks to Ma-Jung’s dedicated efforts.
