[Updated on March 20th, 2020] In South Korea, the immigration office may remove or deport from South Korea any person who violated the Immigration Control Act(“ICA”). Any person who is released after receiving a sentence of fine, imprisonment or heavier punishment could be removed from Korea by an exit or a deportation order pursuant to ICA. In this article, we will provide a general overview of an exit and deportation order under Korean immigration law. Continue reading
Q) This past weekend I was involved in some altercation with a Korean guy at the local bar. I pushed him slightly, but he fell down and broke his wrist. He phoned a police officer and filed a criminal accusation against me. I am an E-2 visa holder. What can I do now to help myself?
A) If you are a first offender and had no other criminal record, I don’t think this case becomes a serious one. However, as you are a foreigner, any conviction could lead to an exit order and an entry ban decision from the Korean immigration office. Under the current rule, if a foreigner is fined more than 5,000,000KRW for any crime in Korea, the immigration office can issue an exit order and a future visa application and extension could be denied. It can also result in an entry ban. Under the rule, the duration of the entry ban is as follows:
- the total amount of fine for the last 1 year exceeds 5,000,000KRW: 1 year
- committed any crime more than 2 times for the last 1 year: 1 year
- the amount of fine is between Continue reading
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
Q) Recently, the Ministry of Justice(MOJ) had revoked my Korean citizenship. I came from Pakistan, lived in Korea for 12 years without any problem and duly acquired my Korean citizenship 3 years ago. The MOJ’s decision was made on the ground that my passport had been forged. But that is not true. It has a different name on it but it was a newly issued one which can be authorized by the local government. Can I get my Korean citizenship back?
A) First of all, the MOJ’ decision to revoke your Korean citizenship is under the judicial review of Korean Administrative court. There are cases where the court overturned the MOJ’s citizenship revocation on the ground that either (i) there is no legal ground for revocation and/or (ii) the decision causes too much personal harm rather than serving a public cause.
There are many fake/newly-issued foreign passport cases in Korea. Some courts held that the revocation made against a person who had submitted a fake/newly-issued foreign passport while Continue reading
Recently a foreigner asked some questions to us regarding Korean employment law issues. He has a problem in his Visa status here in Korea and the employer refused to pay some amount to him, a matter of quite frequent occurrence here in Korea, which I’m afraid of though.
Basically foreigners have the same rights as Koreans under Korean civil and/or labor law. Even though the employee does not have a valid working Visa, it does not hinder him or her from executing his or her right under Korean law.
If the company has no justifiable cause to withhold the money earned by the employee, it constitutes a breach of contract and/or an unlawful act. The employee can file a lawsuit against the company or put a provisional attachment on its assets.
Please note, however, that the company could threaten the employee saying “Unless you keep quiet, I’ll inform the Immigration office of your illegal stays in Korea and make you expelled!” as is often the case with vicious small entrepreneur in Korea. Practically it is the primary reason that makes many foreigners working without visa hesitate to take legal Continue reading