[Korea Immigration Service] Deportation Proceedings in South Korea: What to Know

 

“Can the Korea Immigration Service deport me because of a criminal conviction?”

“I received a notice from immigration authorities. Can I challenge the decision?”

“Will my visa status affect whether I can remain in Korea?”

These questions matter for foreign nationals facing immigration difficulties in South Korea. A notice from the Korea Immigration Service can raise concerns about continued residence, family relationships, employment, and future visa applications.

However, the appropriate response depends on the legal grounds for the decision, the type of immigration procedure, and the individual's circumstances. Understanding these factors is essential before deciding what to do next.

Under Article 46 of the Korean Immigration Control Act, foreign nationals who fall within specified statutory grounds may be subject to deportation. The first step is to determine whether the situation involves an investigation, a departure order, a deportation order, or another immigration disposition.

1. Why Might the Korea Immigration Service Take Action?

The Korea Immigration Service may examine a foreign national's residence status when a potential violation of immigration law or another relevant issue arises.

Common situations include:

• Overstaying the permitted period of residence

• Working outside the conditions of an authorized visa

• Submitting false documents in an immigration application

• Becoming involved in a criminal case

• Violating other requirements under Korean immigration law

For example, a D-2 student who works without the required authorization may face immigration consequences in addition to any applicable penalties. An E-7 visa holder investigated for fraud or DUI may need to consider both the criminal proceedings and their potential immigration implications.

Similarly, an F-6 marriage migrant involved in a criminal case may need to review whether the circumstances could affect continued residence in Korea.

These situations do not automatically result in deportation. The applicable legal grounds, the facts of the case, and the individual's immigration history must be assessed separately.

2. What Should You Check After Receiving a Notice?

A notice from the Korea Immigration Service should be reviewed carefully before any response is prepared.

The wording of the document matters because an investigation notice and a formal deportation order do not necessarily create the same legal position.

Check the following:

First, identify the type of procedure. Determine whether you have been asked to attend an investigation, received a departure order, or been issued a deportation order.

Second, review the stated grounds. The document may identify the conduct or legal provision relied upon by the authorities.

Third, check the deadline. Some procedures have short statutory time limits, and the relevant date may determine which remedies remain available.

Fourth, collect the relevant records. Keep the notice, residence card, passport, previous immigration correspondence, and any criminal case documents.

An international lawyer familiar with Korean immigration procedures can help assess the notice and identify the next steps available in the specific case.

3. Can You Challenge a Deportation Order?

Depending on the circumstances, a foreign national may have legal options to challenge an immigration decision.

Article 60 of the Immigration Control Act provides for an objection to a deportation order. The provision generally requires the objection to be submitted within seven days of receiving the order.

A separate administrative lawsuit may also be available in appropriate circumstances. Article 20 of the Administrative Litigation Act generally sets a 90-day period from the date the disposition becomes known, subject to the applicable statutory requirements and exceptions.

These procedures are different, and the availability of one does not mean that every other remedy is automatically available. The applicable deadline and procedural requirements must be checked against the actual decision.

For example, a foreign national who has received a formal deportation order should not assume that submitting a general explanation to the immigration office will automatically suspend enforcement.

The relevant questions include whether the decision can be challenged, what grounds may support the challenge, and whether a separate application concerning suspension of enforcement is available.

Official legal references:

• Immigration Control Act, Article 46

• Immigration Control Act, Article 60

• Administrative Litigation Act, Article 20

4. What Evidence May Be Relevant?

When the Korea Immigration Service reviews a foreign national's circumstances, supporting documents may help explain the facts and address the issues under consideration.

The appropriate evidence depends on the case.

• Family circumstances: Marriage certificates, children's birth certificates, and documents showing actual caregiving responsibilities.

• Employment: Employment contracts, employer statements, and records of work activities.

• Education: Enrollment certificates and academic records for students.

• Criminal proceedings: Police records, prosecutorial decisions, court judgments, and relevant evidence.

• Residence history: Documents showing the person's immigration status and period of residence.

• Medical circumstances: Relevant medical records where health-related issues are material to the case.

Consider an F-6 visa holder who has Korean children and faces deportation following a criminal case. Documents explaining the family relationship and actual caregiving responsibilities may be relevant to the assessment. However, having a Korean spouse or child does not automatically prevent deportation.

Likewise, an E-7 visa holder facing immigration review after a criminal conviction may need to address both the circumstances of the offense and the potential implications for continued residence.

The objective is to provide accurate, relevant evidence rather than relying solely on general statements about the hardship that deportation would cause.

5. Why Criminal Proceedings and Immigration Reviews Must Be Distinguished

A criminal case and an immigration proceeding serve different legal purposes.

A foreign national may receive a fine or another criminal disposition and subsequently face a separate immigration review. The criminal outcome does not, by itself, guarantee that the person will be permitted to remain in Korea.

For instance, a foreign resident investigated for DUI may need to address the criminal allegation while also considering whether the outcome could affect their residence status.

In these circumstances, relevant issues may include the facts of the offense, previous criminal or immigration history, the current visa category, and the legal grounds for any immigration action.

The response should reflect the actual circumstances. It is important not to assume either that a criminal penalty will inevitably lead to deportation or that a relatively minor penalty will have no immigration consequences.

6. How Majung Law Firm Approaches Immigration Matters

Immigration cases involving foreign nationals often require a review of both legal documents and personal circumstances.

Depending on the case, Majung Law Firm may assist with:

• Reviewing notices and decisions issued by immigration authorities

• Identifying relevant statutory provisions and procedural deadlines

• Assessing available administrative or judicial remedies

• Organizing supporting documents relating to family, employment, education, and residence

• Reviewing the relationship between criminal proceedings and immigration matters

• Providing English and Chinese consultation and professional interpretation support

The appropriate response depends on the facts and applicable law. No particular result can be guaranteed, and not every immigration decision can be successfully challenged.

For foreign nationals who have received a notice or are concerned about their residence status, identifying the current procedural stage is an important first step.

Q & A: Korea Immigration Service

Q1. Does receiving a notice from the Korea Immigration Service mean I must leave Korea immediately?

Not necessarily. The consequences depend on the type of notice and the procedure involved. Review the document carefully to determine whether it is an investigation notice, departure order, deportation order, or another decision.

Q2. Can I challenge a deportation order?

An objection or administrative lawsuit may be available in appropriate circumstances. The legal grounds, procedural requirements, and deadlines should be checked promptly.

Q3. Can a criminal conviction affect my visa?

Potentially, yes. Depending on the offense and applicable immigration rules, criminal proceedings may lead to a separate review of continued residence. The outcome is not determined by the criminal penalty alone.

Q4. Does marriage to a Korean citizen prevent deportation?

No automatic exemption applies simply because a person is married to a Korean citizen. The legal grounds and relevant personal circumstances must be assessed individually.

Q5. What documents should I prepare for a consultation?

Bring the immigration notice, passport, residence card, relevant visa records, and any documents relating to criminal proceedings. Family, employment, education, and medical records may also be relevant depending on the circumstances.

Q6. Should I wait until I have collected every document before seeking legal advice?

It is generally better to review the notice and applicable deadlines promptly. Additional evidence can often be organized afterward, but delaying may affect the remedies available.

If you are facing an immigration investigation or deportation-related procedure in South Korea, understanding the decision and your available options can help you take informed next steps.

Check out our success case regarding foreign deportation cases:

Deportation Order Cancellation Lawsuit Filed by a Foreign National Ordered to Leave Korea After Causing a Traffic Accident / Court Ruling in Favor of the Client (Victory)