Equal treatment regardless of gender, nationality, or religion is protected under the South Korean constitution. Therefore, the punishment for the same offense should not be different just because the individual is a foreigner. However, in reality, the disadvantages that foreigners face tend to be relatively more significant compared to nationals. For example, if a Korean person is caught drunk driving with an alcohol level that leads to license cancellation, they would receive a fine of 10 million won and have their driver's license cancelled. In the case of foreigners, if their fine exceeds a certain level, they may be subject to a deportation order under the Immigration Act.
So, what are the immigration offenses that foreigners staying in South Korea should be cautious of?
The Immigration Control Act establishes regulations that prohibit or command specific actions to ensure the fair enforcement and maintenance of order in immigration administration. Violators of these regulations may be subject to penalties.
Immigration officers can investigate foreigners suspected of violating the Immigration Control Act or suspected of not complying with an order under the Act. These individuals may be subject to separate protective measures. If a violation is detected, a detailed examination is conducted, and the individual is required to provide a statement, becoming a suspect or witness. Once the examination results are available, the person is notified of the results, and measures such as protective release, forced deportation, exit order, notification of punishment, or referral for prosecution are taken.
Now, let's take a look at the immigration offenses that should be carefully avoided.
Forced deportation
Forced deportation is a type of administrative action under the Immigration Control Act for foreign nationals who have violated the law, prohibiting their stay and forcibly sending them out of South Korean territory against their will.
If a person who has received a forced deportation order wishes to file an objection, they must submit an objection application within 7 days from the day they received the forced deportation order.
Exit order
An exit order is a measure imposed on foreigners who are subject to forced deportation but wish to leave at their own expense, foreigners who do not comply with the recommendation to leave, foreigners who are subject to a fine and then ordered to leave, and foreigners who are ordered to leave after receiving a notification of punishment. The exit order must be issued within 30 days from the date of issuance, and if it is violated, a forced deportation order will be issued.
If a foreigner who has received an exit order has no vessel to leave on or has an unavoidable reason, such as illness, that makes it difficult to leave within the deadline, they must submit evidence proving the reason and obtain permission to postpone the departure deadline.
Notification of punishment (fine)
The notification of punishment is a type of quasi-judicial administrative action in which a fine must be paid for a reason specified when the investigation results in a conviction for an immigration crime. The purpose of this measure is to resolve the inconvenience of time and cost by not taking the case to a formal trial and handling it quickly and easily through a streamlined procedure.
Immigration offenders who have been served with a notification of punishment must pay the fine within 15 days. At this time, installment payments of the fine are not allowed. If the immigration offender who has received the notification of punishment does not pay the fine within the payment deadline, the head of the immigration office will file a complaint with the jurisdictional prosecutor's office, initiating criminal proceedings.
Administrative fine
An administrative fine is a sanction imposed for the objective fact of violating administrative laws, and it is not necessarily imposed on the actual person who committed the violation, but on the person who is legally responsible for the violation. In principle, the violator's intent or negligence is not required, unless there are special regulations. Those who are subject to an administrative fine for violating the Immigration Control Act can attend the jurisdictional immigration office to express their opinion or submit their opinion in writing. After investigating and confirming the violation of the Immigration Control Act, the violator will be notified of the violation facts and the amount of the administrative fine.
Upon receiving the administrative fine notice, the violator has 60 days to file an objection with the head of the jurisdictional immigration office.
Upon receiving the objection, the head of the jurisdictional immigration office will notify the jurisdictional court, which will then conduct an administrative fine trial according to the Non-Litigation Case Procedure Act. If the violator does not file an objection within 60 days after receiving the administrative fine notice and does not pay the fine, it will be forcibly collected according to the National Tax Service's delinquency enforcement procedure.
Protection room exit and temporary protection release
There are two cases in which an immigration offender leaves the protection room: forced deportation and temporary protection release. In the case of forced deportation, immigration officers request the issuance of a passport from the foreign national's embassy if the person does not have one, assist in expediting their departure, and escort them to the airport to execute the forced deportation. Temporary protection release refers to releasing protection before the protection period expires when there is no need for protection.
There is also a system called temporary protection release, which allows protected foreign nationals to request a temporary release of protection if they suffer irreparable property damage, face a serious threat to life or physical well-being, or have other humanitarian reasons due to protection (forced deportation). When applying for temporary protection release, you must submit a temporary protection release application, identity guarantee, documents proving the reasons for the request, and the ability to pay the guarantee deposit.
Conditions for temporary protection release include depositing a guarantee of up to 20 million won and imposing restrictions on residence and other necessary conditions.
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