Hello, I’m Heebong Ha, an attorney at Lawpid Legal Services. Today, I’m going to talk about deportation. ๐งโโ๏ธ
What is deportation under the Immigration Control Act?
Have you ever heard of a deportation order? According to Article 4 of the Immigration Control Act, the Minister of Justice can prohibit a person from leaving the country for a period of no more than six months if he or she is under criminal trial or owes a large fine or tax. This is a measure to protect the interests of the state, but it must be applied carefully as it restricts the fundamental rights of individuals.
Cases where the court refused to cancel a travel ban ๐ซ
Let’s take a look at some of the cases where courts have upheld travel bans.
In a recent case (2020 Nuxxxxx), the Seoul High Court rejected a request to revoke the departure ban of a person who owed more than KRW 3 billion in capital gains taxes. The court determined that there was a risk that the person would flee the country, given that he used the proceeds from the sale of real estate to pay off personal debts, failed to pay capital gains taxes, and frequently traveled abroad with his family.
In another case (2023 Gudanxxxxxx), a person who owed 9.3 billion won in taxes was denied a request to cancel an exit ban. The person claimed that he needed to leave the country to pursue overseas business, but the court found that as a large tax debtor, he was likely to hide his wealth.
Cases in which courts have overturned travel bans โ
On the other hand, there are also cases where the travel ban was canceled.
In one case (2021 Gudan XXXX), the Seoul Administrative Court revoked the departure ban of a man who owed about 600 million won in tax arrears. The man was 74 years old, and the court considered his age, financial situation, and family ties to be low risk of fleeing the country.
In another case (2022KUXXXXX), we canceled the deportation of a man who had undergone liver transplant surgery. The court recognized that the man needed to leave the country for health reasons, as he needed regular checkups and medication in the United States.
Analysis ๐
These cases illustrate how the courts look at the criteria: a large amount of arrears alone does not justify a deportation order. The courts will consider a number of factors, including the risk of property being lost abroad, the history of the arrears, the individual’s personal circumstances, the purpose and necessity of the departure, and the public interest versus the private interest.
It is particularly noteworthy that the mere fact that a person has a long history of traveling abroad does not indicate that there is a risk of asset flight. For example, in one case (2020 Gudan XXXX), the court recognized that the frequent traveling abroad of a senior citizen over 80 years of age was due to business needs and canceled the departure ban.
Final thoughts ๐
Exclusion orders are a serious restriction on a person’s fundamental rights and should only be applied carefully and only when absolutely necessary.
If you are struggling with an unfair travel ban, you should definitely speak to an experienced lawyer. It’s important to take a close look at your situation and prepare materials to prove your need to leave the country.
Lawpid Legal Services will always do our best to protect your rights ๐ค If you have any questions, please feel free to contact us! Let’s find a solution together ๐.