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A court ruling has come out that the disposition of the Ulsan Immigration Foreign Office, which issued a 'departure order' to a foreigner who committed drunk driving, was justified.
According to the legal community today (2nd), Ulsan District Court Administrative Division 1 (Chief Judge Lee Soo-young) dismissed the request for 'revocation of the departure order' filed by Chinese A against the head of the Ulsan Immigration Foreign Office.
Mr. A, who entered Korea in March 2006 as an overseas Korean and was staying in Korea, was caught driving a car in a state of intoxication with a blood alcohol level of 0.183% on a road in Gyeongju, Gyeongbuk in July 2021, and was sentenced to 1 year in prison and probation from the court. He was sentenced to two years in prison.
Afterwards, the judgment was finalized, and the Ulsan Immigration Office, which confirmed it, issued a departure order to Mr. A based on the Immigration Control Act.
However, Mr. A filed a lawsuit for 'cancellation of the disposition of the departure order' for procedural defects and abuse of discretion.
Mr. A said, “I have lived in Korea for nearly 20 years without any illegal acts, but the punishment is too harsh.” "claimed.
In response, the judge said, "The blood alcohol level was very high at the time of drunk driving, and there was also an accident in which he collided with another vehicle."
He did not accept Mr. A's claim, saying, "Considering the fact that Ulsan Immigration notified Mr. A that he was subject to deportation prior to disposition, there was no procedural defect."
In addition, "even if Mr. A suffers the disadvantage of not being able to stay in Korea, the possibility of re-entry is open, and it is difficult to see that the disadvantage exceeds the public interest such as public safety and social order protection in Korea, so it is difficult to see that he abused his discretionary power." judged.