Can a Foreigner Really Win an Administrative Lawsuit Against a Departure Order? [Actual judgment attached]

For foreigners searching for info associated to prison instances, departure orders, or compelled deportation, we introduce a fancy case the place our legislation agency efficiently obtained a courtroom order to cancel a foreigner’s departure order by our distinctive authorized experience.

Should you have no idea what departure order (출국명령) is, you’ll be able to first learn the next article.

Scenario – Consumer Fined 4 Million Gained for a Confirmed Legal Conviction

When consumer A visited our legislation agency, he had already been prosecuted for “indecent act by compulsion (강제추행)” and fined 4,000,000 gained. He didn’t attraction, so the punishment was finalized. Initially, he thought paying the advantageous would resolve every little thing. Nevertheless, he sought our agency’s assist as a result of he acquired a departure order from the Korean authorities as a result of this prison case, leaving him alarmed and in want of authorized help.

Departure Order and Deportation

Foreigners residing in Korea develop into topic to a departure order in the event that they obtain a advantageous of three,000,000 KRW or extra. Particularly in instances of intercourse crimes, they are often topic to deportation whatever the advantageous quantity, as these are handled extra severely than different prison instances. Upon receiving a departure order, one should designate a date to voluntarily depart inside 30 days. If the offense is critical or if one fails to depart after receiving a departure order with out elevating any objections, a deportation order is issued.

On this case, the consumer had already been discovered responsible, so the executive lawsuit was to not declare innocence in opposition to the plaintiff however to request the ‘cancellation of the departure order’ from Korean Immigration.

Why Are Deportation Orders Laborious to Overturn

Administrative lawsuits (행정소송) typically have an especially low success price. It is because, in an administrative lawsuit, the opponent is a authorities company, and one should show {that a} state resolution, executed primarily based on legislation, truly had unlawful facets. It’s powerful even for Koreans to win these instances, and it’s even rarer for foreigners to succeed, particularly in lawsuits searching for to overturn deportation orders. In actual fact, upon listening to in regards to the success of this case, a lawyer from one other agency commented, “In my 10 years as a lawyer, I’ve by no means seen a case like this succeed.”

1. Authorized Hurdles Confronted by Foreigners in Korea

The first problem lies within the language barrier, which considerably compounds the problem of authorized ignorance. For foreigners, navigating the authorized system alone could be overwhelming. With out specialised authorized interpreters, it’s difficult to understand or talk the intricate nuances of authorized proceedings. This underscores the need of authorized companies with expert interpreters who can successfully advocate in your behalf.

On this case, our consumer confronted a number of difficulties throughout his prison investigation. Unaware of his proper to an interpreter in his native language, he was subjected to questioning in a language he was not fluent in. The investigator instructed {that a} swift confession may end in a mere advantageous. Wanting to expedite the method, our consumer admitted to actions that didn’t align together with his precise reminiscences. 

In actuality, fines above a certain quantity could be grounds for a deportation order, and in instances of intercourse crimes, the offense is taken into account extreme sufficient to warrant deportation. Nevertheless, our consumer was utterly unaware of those info till he acquired the deportation order, so he didn’t even contemplate taking any motion to attraction the advantageous. In the course of the investigation, nonetheless, he felt he had no choice apart from to belief every little thing the investigator advised him.

2. Why Courts Not often Overturn Deportation Orders

Another excuse this case was so difficult is that courts typically grant the Immigration Workplace broad discretion in managing overseas nationals’ entry and exit, usually ruling in favor of those workplace. The Supreme Courtroom has dominated in a number of trials as follows:

‘It’s inherent within the nature of sovereignty for a nation to have the correct to deport undesirable overseas nationals. Thus, overseas nationals can’t be thought-about to have the identical freedom of residence and motion as native residents’ (Seoul Administrative Courtroom 2011Guhap21430, 2008Guhap44839, 2013Guhap2761, 2013Nu47486, and many others.)

‘It’s affordable to contemplate that the state can freely resolve which foreigners to evaluate as undesirable and deport’ (Seoul Administrative Courtroom 2009Guhap44898 judgment)

‘The general public curiosity and nationwide safety ought to be given extra weight than the potential disadvantages to the person overseas nationwide.’ (Seoul Administrative Courtroom 2012Guhap12990, 2012Guhap37388, 2009Guhap44898, 2012Guhap1242, 2012Guhap20496, 2011Guhap37367, 2009Guhap30684, 2013Guhap3566)

These precedents point out that overseas nationals who’ve been discovered to have dedicated prison acts have restricted grounds to argue for his or her proper to stay in Korea. However, growing compelling arguments in such difficult circumstances is the place a lawyer’s true expertise are put to the take a look at.

3. Intercourse Crime Circumstances: When Victims Keep away from Contact

Additionally, this case introduced one other vital problem. The sufferer extraordinarily averted any contact, making it nearly not possible to even set up communication, not to mention attain an settlement. The consumer was in an ideal quandary, as any direct contact with the sufferer to suggest a settlement may very well be thought-about secondary victimization. Moreover, the sufferer was not solely avoiding contact from consumer A but additionally refusing any communication from the lawyer. 

This lack of communication was significantly problematic as a result of, in prison instances, reaching a ‘settlement’ with the sufferer is probably the most basic, essential, and closely weighted issue that courts contemplate when figuring out sentencing leniency. 

Regardless of these seemingly insurmountable obstacles, Seoul Legislation Group achieved a victory on this case – an end result so uncommon it’s mentioned to happen solely as soon as in a decade. How was this potential?

How We Achieved the Cancellation of the Departure Order

1. Tailor-made Service: Realizing Our Purchasers Inside Out

First, SLG totally analyzed instances the place departure orders have been cancelled and located frequent causes for the cancellations. Accordingly, we first proved that the consumer didn’t fall beneath the class of compelled deportation or entry ban topics. We appealed with particular knowledge that he’s not ” An individual deemed extremely more likely to interact in any conduct harming the pursuits or public safety of the Republic of Korea (대한민국의 이익이나 공공의 안전을 해치는 행동을 할 염려가 있다고 인정할 만한 상당한 이유가 있는 사람),” nor ” An individual deemed extremely more likely to interact in any conduct disturbing financial or social order or good morals (경제질서 또는 사회질서를 해치거나 선량한 풍속을 해치는 행동을 할 염려가 있다고 인정할 만한 상당한 이유가 있는 사람).”

We introduced intimately the consumer’s fame, standard conduct, achievements, grades, and many others., and thru session, we found and successfully utilized particular supporting paperwork. Whereas the consumer had no thought the right way to show his worth, our legislation agency helped collect all of the supporting paperwork that the consumer himself had by no means even considered, growing persuasiveness.

Moreover, we examined the case from the angle of nationwide curiosity by evaluating the worth of cancelling versus sustaining the departure order. We introduced particular knowledge on the worth the consumer might create inside Korea and proved that the general public curiosity that may very well be gained from the departure order was unclear and didn’t contribute to nationwide pursuits.

Our strategy, drawing on Seoul Legislation Group’s experience, is tailor-made to every case and consumer. As such, our attraction methods evolve primarily based on the distinctive traits of every case and consumer. For the most effective technique custom-made to your particular state of affairs, we suggest reserving a session through electronic mail.

2. Reaching settlement: Affidavit of Non-Prosecution

The second key was acquiring an ‘affidavit of non-prosecution (처벌불원서)’ from the sufferer, who had not solely utterly lower off contact however was additionally actively avoiding all people related to the consumer. SLG first tried to influence pals from the sufferer’s group a number of occasions. Ultimately, by honest dialog with an in depth acquaintance whom the sufferer trusted and relied on, we have been in a position to clear up misunderstandings and genuinely convey our consumer’s place whereas totally contemplating the sufferer’s feelings and circumstances. Finally, the sufferer expressed that they completely didn’t need our consumer to be deported from Korea, and as a substitute turned involved about and actively advocated for our consumer’s stance.

You will need to be aware that this strategy shouldn’t be unexpectedly imitated, as actions taken by the perpetrator to realize a bonus within the trial could be thought-about secondary victimization. Perpetrator’s actions corresponding to spreading the very fact of injury to others, contacting the sufferer through SNS or visiting them straight, sending letters, and many others., can develop into elements for growing the sentence as secondary victimization. This have to be approached with excessive warning and will solely be tried rigorously by authorized consultants.

This victory is being hailed as a triumph of authorized experience, because it concerned overturning a case that was thought-about practically not possible to win. It’s the results of Seoul Legislation Group’s distinctive authorized technique and unwavering dedication.

What If You Had Consulted a Lawyer Sooner?

However, what’s extraordinarily regrettable is that had the consumer sought authorized counsel initially, he might have much better exercised his proper to protection. With a lawyer’s help from the start, he might have appealed to numerous circumstances and doubtlessly pursued a verdict of innocence. Nevertheless, as a result of stress from the investigator, the consumer ended up leaving a document admitting to actions he hadn’t dedicated, and as a result of an absence of authorized information, he additionally missed the attraction deadline. Along with the settlement cash for the sufferer, he additionally needed to pay tons of of 1000’s of gained in fines. He would have quickly been deported from Korea if he hadn’t contacted SLG.  This case demonstrates that to guard essential authorized rights, which require specialised information and discipline expertise past what could be understood by web searches, it’s greater than cost-effective to seek the advice of in-depth with an applicable lawyer instantly.

Treating the consumer’s case as if it have been our personal is one other means of SLG attorneys. Sooner or later, we plan to serialize profitable case research exhibiting how Seoul Legislation Group has defended purchasers’ rights in instances that appeared practically not possible.