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The Korean Immigration Control Act and related acts allow the potential to permanently impose an exit ban from Korea on foreigners for nearly all acts that are determined by the Korean Ministry of Justice as “harming the interest, public safety or order in the economy of the Republic of Korea” until the reason for the exit ban ceases to exist. (Immigration Control Act of Korea Article 4(1)5.) However, IPG Legal has successfully challenged these exit bans in Korea and is consistently ranked Top Korean Dispute Resolution Law Firm for our success in litigation in Korea. For an article on Korean Deportation Order please see: Challenging a Korean Deportation Order.
The Immigration Control Act of Korea always, also, Korean government agencies to request the imposition of an exit ban on foreigners. Determination of the Ministry of Justice may be appealed within the Ministry and if turned down – may be appealed to the Administrative Court of Korea. IPG Legal handles these appeals on a regular basis.
The key to challenge the actions of the Korean Government is to act quickly, have proactive legal professionals to have proactive contact with Korean Immigration, and work with a law firm with the experience, reputation and human resources to prevail at the Korean Administrative Court. In most cases, it is advisable for all litigation in Korea to have a team of lawyers that includes a senior retired Korean court judge.
The relevant provisions of Korean law include:
- Immigration Control Act, Article 4 (Prohibition of Departure)
- Immigration Control Act, Article 4-2 (Extension of Period of Prohibition of Departure)
- Immigration Control Act, Article 4-3 (Revocation of Prohibition of Departure)
- Immigration Control Act, Article 4-4 (Notice of Decision etc. on Prohibition of Departure)
- Immigration Control Act, Article 4-5 (Filing Objections to Decisions, etc. on Prohibition of Departure)
- Immigration Control Act, Article 29 (Suspension of Foreigners’ Departure).
Yes, determinations of Korean Immigration may be successfully challenged. See: For a Profile of IPG Legal’s Immigration Law Team
Other articles that may be of interest to the reader:
Sean Hayes is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty. Sean is ranked, for Korea, as one of only two non-Korean lawyers as a Top Attorney by AsiaLaw, and IPG Legal is consistently ranked Top Dispute Resolution Law for our litigation services.
If you would like a consultation with an English-speaking lawyer in Korea, please schedule a call at: Schedule a Call with an Attorney.
