Ask Korea Law

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[Q&A] You Can Enter into Korea during the Entry Ban Period with a Special Entry Permit from the Immigration Office

Q) I was deported from Korea in 2015. I was given a five year entry ban for domestic violence against my then ex South Korean wife. The sentence I received was 3 years probation. However, I have a young child in Korea, who is taken care of by my ex-wife, but I have been paying the child supports. I would like to visit Korea to see my child but I am very worried that my visa application or entry would be denied by the past record and the entry ban.  My ex wife and I are now in a good relationship and she would provide a supportive letter for me. What is the likelihood that the Korean immigration will allow me to see my son?

A) In principle, a foreigner listed on the entry ban of Korean immigration office is prohibited to enter Korea for some period of time.  There is, however, a special entry permit which can be made during the period of entry ban for some humanitarian reason.  Most common cases are for the family unity purposes.  For example, there was a case where Continue reading


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[Q&A: Immigration Law] Can I Appeal the Deportation Order Issued by the Korean Immigration Office?

Q) My friend was convicted of a crime and sentenced to 1-year probation.  It was an accident which happened while he was drunken.  After then, the immigration officer ordered him to leave South Korea within a month on the ground of the conviction.  He is having an E-2 visa and was married to a Korean national.  He has a very good reputation around him and planned to live in Korea permanently.  I think it is too harsh for him to leave Korea.  Does he have any chance to appeal?

A) At the outset, the deportation order or an exit order from the immigration office is subject to the review of the court.  It can be overturned by the court based on the theory of misuse of discretionary power.  The court has ruled that the decision of the immigration office to deport a foreigner should not only meet the requirements provided by the relevant statute, but also it should not do more harm to the foreigner’s individual life than benefits to the public, otherwise it constitutes an abuse of discretion and therefore shall be revoked by the court’s order.

For example, the court has ruled that the deportation order against a HIV positive personnel is an abuse of discretionary power considering  the person’s long-time living base established in Korea.  Also a deportation order against the person with one and half year jail time sentence with 3 year suspension for the violation of (then-existing) Anticommunist Act was struck down, as the court found it an abuse of discretionary power after finding his solid living base in Korea supported by other character evidences is a legitimate interest which should be preserved by allowing his legal residency in Korea.  Also there have been many successful appeal cases Continue reading