| Nationality |
China |
| Case Overview |
As the at-fault party in a traffic accident, She was sentenced by the court to 8 months of imprisonment with 1 year of suspension (probation) and received a deportation order from the Immigration Office. |
| Special Circumstances |
The client, who has dependent family members in Korea, entrusted the case to Majung in order 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 Chinese national, first entered Korea in 2012 on a C-3 visa (short-term visit). In 2014, they changed their status to an F-4 visa (Overseas Korean), and for nearly 10 years, they had lived a stable life in Korea, pursuing a new beginning.
However, in April 2020, the client was involved in a tragic traffic accident, unintentionally causing serious injury to the victim. At the time of the accident, the client took full civil responsibility, showing sincere consideration by immediately paying a settlement to the victim. Nevertheless, due to the severity of the injuries, they could not avoid criminal prosecution.
Ultimately, the court sentenced the client to 8 months of imprisonment with 1 year of probation, a ruling that left the client in deep shock and despair.
Following the court's decision, the Seoul Immigration Office issued a deportation order, citing the client's criminal conviction. However, the client had dependent family members in Korea and had already built a stable economic foundation in the country. Being forced to return to China would have caused serious disruption and hardship to their life.
Desperate to remain in Korea, the client sought legal assistance from Majung Law Firm, a legal team specializing in immigration matters for foreign nationals, to file a lawsuit seeking cancellation of the deportation order.
2. Case Issues and Resolution Process
When a foreign national residing in Korea receives a sentence of imprisonment or higher, they may be subject to a deportation order, resulting in expulsion from the country. Therefore, to have a deportation order revoked, it is crucial to be thoroughly prepared to appeal the unfairness of the decision.
In this case, Majung Law Firm firmly advocated for the cancellation of the deportation order by emphasizing the following key points:
1) Scale and Circumstances of the Traffic Accident
First, it was important to re-examine the specific circumstances of the traffic accident. We argued that the incident was not one of the 12 types of gross negligence traffic accidents, but rather a general accident caused by ordinary negligence. Although the victim suffered a serious injury, we emphasized that the client’s actions did not constitute gross negligence.
2) Settlement with the Victim and Sincere Remorse
We also stressed that the client had already paid compensation and reached a settlement with the victim, including receiving a letter of non-punishment from them. We highlighted that the client had shown genuine remorse, personally apologized to the victim, and made efforts to resolve the matter.
3) Justification for Continued Stay in Korea
Lastly, we appealed to the severe hardship the client would face if deported. The client is a Chinese-Korean who has been living in Korea for over 10 years, with all family members residing in Korea and a stable job based in the country. Deportation would result in significant disruption and difficulty in their life.
Additionally, we pointed out that the client had no prior criminal record and had lived diligently and lawfully in Korea for nearly a decade.
These arguments played a critical role in persuading the court to cancel the deportation order.
3. Case Outcome
Thanks to Majung’s legal advocacy, the court ruled in favor of canceling the deportation order against the client. As a result, the client was able to avoid the risk of forced deportation and continue residing in Korea with their family.
4. Significance of the Judgment
If a foreign national residing in South Korea becomes involved in a criminal case such as a traffic accident or drunk driving, there is a high likelihood of facing not only criminal penalties but also a deportation order.
According to the Immigration Control Act, a deportation order may be issued if a foreign national:
A. Is fined over 3 million KRW in a single case
B. Accumulates fines of over 5 million KRW within 5 years
C. Receives a sentence of imprisonment or higher
Therefore, if you're facing a deportation order due to a criminal case, it is crucial to seek help from an expert who understands both criminal law and immigration law, so you can respond effectively and systematically.
