Immigration offender is a person who committed any of the offences prescribed in Articles 93-2, 93-3, 94 through 99, 99-2, 99-3 and 100 of the Immigration Act.
The Immigration Act includes regulations (Penalty Provisions) prohibiting or ordering specific conduct for the fair execution of the immigration administration or the maintenance of order, and when the regulations are violated, penalties are given to ensure compliance with the laws.
IMMIGRATION INVESTIGATION
An immigration control official may investigate a foreigner suspected of falling under persons subject to deportation or suspected of a violation of the Immigration Act or any order issued under the Immigration Act. If necessary for conducting an investigation, the immigration control official may request a witness to appear before him/her to hear the witness’ statement.
If necessary for conducting an investigation, an immigration control official may inspect a suspect’s residence or articles with the suspect’s consent, or request him/her to submit documents or articles.
GO TO IMMIGRATION PROCEDURE
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DECISION ON IMMIGRATION OFFENDER
DEPORTATION
Deportation is the strongest type of administrative measure for offending foreigners of the immigration act. Not only does it forbid offending foreigners from staying in Korea, but also deports them to land outside Korean borders; regardless of their wishes.
OBJECTIONS TO A DEPORTATION ORDER
If a suspect intends to object to a deportation order, the suspect may file a written objection within seven days from the day he/she receives the written order of deportation.
DEPARTURE ORDER
When the foreigner who has received the recommendation for departure cannot depart from the Republic of Korea within the permitted period due to no available ship, etc., a disease or other exceptional circumstances, he/she has to submit the data explaining the reason for the failure to depart from Korea get a delay of the deadline of departure.
IMMIGRATION OFFENDER DETENTION
TEMPORARY RELEASE
When there is a grave threat to life or health, or irretrievable property loss of an immigration detainee is likely to occur by execution of a detention order or a deportation order, or when other important humanitarian reasons exist, he/she may request temporary release from detention.
CONDITIONS OF TEMPORARY RELEASE
A detainee may be temporarily released from detention on conditions that may include deposit of a bond not exceeding 20 million won and restrictions on his/her residence.
WHAT CAN LAW-WIN DO?
Law-Win attorney reviews the client's violation of immigration act and provide opinion letter to support his/her case.
Since it is difficult for a foreigner to prove the charges and other essential information, he/she may need an expert to fully explain about the situation.
