When you should get advice
- My family member was caught in an immigration crackdown and moved to an immigration detention center
- I received a deportation order, but I do not know what it means or what I must do within how many days
- My departure order states a departure deadline, but I have a child in Korea
- I was told I will be handed over to immigration on the day I finish my prison sentence
- I heard I can get out of the detention center if I pay a deposit
- Removal keeps being delayed, and the detention has gone on for months
Relevant laws
Immigration Act Article 46 (Persons Subject to Deportation)
People who violated rules on entry, stay or employment, people who violated the duty of alien registration, people released after being sentenced to imprisonment without labor or a heavier sentence, and others can be deported. Permanent residents are deported only in exceptional cases, such as crimes of insurrection or foreign aggression, or people released after being sentenced to 5 years or more of imprisonment with or without labor who fall under Ministry of Justice ordinance.
Immigration Act Article 60 (Objection) and Article 61 (Special Permission to Stay)
An objection to a deportation order must be submitted to the Minister of Justice through the head of the regional immigration office within 7 days of receiving the order. Even if the objection is found to be without merit, the person may be permitted to stay if they previously held Korean nationality or have other special reasons to stay.
Immigration Act Articles 51, 52 and 55 (Detention, Detention Period, Request for Review)
If there are reasonable grounds to suspect a person is subject to deportation and there is a risk of flight, the person can be detained under a detention order. Detention for review and decision is limited to 10 days, which can be extended once by 10 days if unavoidable. The detained person or their legal representative or others may request a review of the detention by the Immigration Detention Committee.
Immigration Act Articles 63 and 65 (Detention of Persons Ordered to Be Deported; Temporary Release from Detention)
If the person cannot be removed immediately, they can be detained for up to 2 months. After that, detention can be extended by 3 months at a time with the approval of the Immigration Detention Committee, but not beyond a total of 9 months (20 months in exceptional cases). Detention can be temporarily lifted with conditions such as a deposit of KRW 20 million or less and restrictions on residence.
Statutes are summarized. The official Korean text is available at the Korea Law Information Center (law.go.kr).
Departure Recommendation, Departure Order and Deportation Order Compared
Who receives it
- Departure recommendation (출국권고)
- Minor violations of stay rules, etc.
- Departure order (출국명령)
- People with grounds for deportation who wish to leave voluntarily at their own expense, people whose permits were cancelled, etc.
- Deportation order (강제퇴거명령)
- People who fall under the grounds for deportation
Departure deadline
- Departure recommendation (출국권고)
- Within 5 days of the issue date
- Departure order (출국명령)
- Within 30 days of the issue date
- Deportation order (강제퇴거명령)
- Removed without delay
If not followed
- Departure recommendation (출국권고)
- Becomes subject to a departure order
- Departure order (출국명령)
- A deportation order is issued, and the performance bond may be forfeited to the state
- Deportation order (강제퇴거명령)
- Detention followed by removal
Legal basis
- Departure recommendation (출국권고)
- Article 67
- Departure order (출국명령)
- Article 68; Enforcement Rules Article 65
- Deportation order (강제퇴거명령)
- Articles 46, 59 and 62
| Category | Departure recommendation (출국권고) | Departure order (출국명령) | Deportation order (강제퇴거명령) |
|---|---|---|---|
| Who receives it | Minor violations of stay rules, etc. | People with grounds for deportation who wish to leave voluntarily at their own expense, people whose permits were cancelled, etc. | People who fall under the grounds for deportation |
| Departure deadline | Within 5 days of the issue date | Within 30 days of the issue date | Removed without delay |
| If not followed | Becomes subject to a departure order | A deportation order is issued, and the performance bond may be forfeited to the state | Detention followed by removal |
| Legal basis | Article 67 | Article 68; Enforcement Rules Article 65 | Articles 46, 59 and 62 |
Based on the Immigration Act. A person who leaves after receiving a deportation order may be banned from entering Korea until 5 years have passed (Article 11(1)(6)).
First check which document you received
A departure recommendation (출국권고서), a departure order (출국명령서) and a deportation order (강제퇴거명령서) have similar names but different effects. A departure recommendation and a departure order tell you to leave on your own within a set deadline, while a deportation order is a decision under which the state removes you directly. If you leave after receiving a deportation order, you may be banned from entering for 5 years afterward, so the impact is much greater.
When the office hands you a deportation order, it must tell you that you can file an objection with the Minister of Justice. Be sure to write down the date you received it. The 7-day deadline for an objection is counted from that day.
Objection and special permission to stay
The objection is submitted to the Minister of Justice through the head of the regional immigration office. It can include not only the argument that the grounds for deportation are factually wrong, but also the argument that even if they exist, you have special reasons to remain in Korea. Even if the Minister of Justice finds the objection without merit, the Minister can still permit you to stay.
Special reasons that are often used include a spouse or children with Korean nationality, a long life in Korea, an illness under treatment, ongoing court cases or wages still owed to you. Claims alone are not enough. You need verifiable evidence such as family relationship documents, medical certificates and court documents.
Separately from the objection, you can file an administrative lawsuit within 90 days of the day you learned of the decision. If removal is imminent, you must also apply for a stay of execution so that you are not removed while the lawsuit is pending.
Immigration detention has time limits and procedures
Detention to review whether a person should be deported is limited to 10 days, and can be extended once by another 10 days if unavoidable. In the case of emergency detention, a detention order must be obtained within 48 hours, or the person must be released immediately. When someone is detained, their family, lawyer or others must be informed in writing within 3 days of the date, place and reason for detention.
If, after a deportation order, the person cannot be removed immediately because they have no passport or transportation, they can be detained for up to 2 months. Under the 2025 amendment, any extension after that requires the approval of the Immigration Detention Committee and can only be made 3 months at a time, and the total detention period in principle cannot exceed 9 months. Once the limit is exceeded, the person must be released immediately.
If you object to the detention itself, you can request a review by the Immigration Detention Committee. The Committee decides within 3 weeks of receiving the request, and can extend this once by up to 2 weeks if unavoidable (Enforcement Decree Article 70).
Applying for temporary release from detention
The detained person, a guarantor, or a legal representative or others can apply to the Immigration Detention Committee for temporary release from detention. If release is granted, the person must deposit up to KRW 20 million and follow conditions such as restrictions on residence, regular reporting and naming a guarantor.
Attach evidence to the application explaining why release is needed and showing that the deposit can be paid. Giving specific reasons, such as medical treatment, a pending unpaid wage case or lawsuit, or caring for family, together with a place to stay and a guarantor, helps the decision. If the conditions are broken or an order to appear is ignored, the temporary release can be cancelled and the deposit may be forfeited to the state.
How the Jisan Law Foreigner Center responds
- 1
Checking the place of detention and the documents
Using the detention notice sent to the family or the order the person received, we confirm the place of detention, the type of decision and the date it was received.
- 2
Visiting and organizing the facts
We visit the detention facility to hear the person's circumstances, and list the evidence to use in the objection and lawsuit.
- 3
Filing the objection and review request
Within the 7-day deadline, we file the objection to the deportation order, and at the same time request a review of the detention or apply for temporary release.
- 4
Administrative lawsuit and stay of execution
Separately from the objection, we file a lawsuit to cancel the decision and apply for a stay of execution to prevent removal and secure time to challenge it.
- 5
Settling remaining matters
If removal cannot be avoided, we settle unpaid wages, deposits and pending cases before departure, and continue handling them as your representative.
Lawyers handling these cases
Hansol Kim Managing Partner
Former prosecutor (Incheon, Ansan, Hongseong) · University of Toronto
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Miso Kim Partner
Studied English interpretation and translation (Hankuk University of Foreign Studies) · Former in-house counsel, Wemade
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Frequently asked questions
Is there nothing I can do after 7 days?
An objection to the Minister of Justice cannot be filed after 7 days. However, an administrative lawsuit can be filed within 90 days of the day you learned of the decision, so quickly consider a lawsuit and a stay of execution before removal.
Can I visit my family member in the detention center?
Each detention facility has its own visiting procedures and hours. Visits by a lawyer are handled separately from ordinary visits. The family should first contact the detention facility to check how to visit, and get advice if they need to hire a lawyer.
If I pay the deposit, will I definitely be released?
No. Temporary release from detention is decided by looking at the detained person's circumstances, the reasons release is needed, their assets and so on. The deposit is money paid as a condition after release has been granted (Immigration Act Article 65). The first step is to show the reasons for release with evidence.
If I apply for refugee status, will I not be removed?
Under the Refugee Act, if you have applied for refugee recognition and no decision has been made, or the review of your objection has not ended, in principle you must not be removed (Immigration Act Article 62(4)). However, there are exceptions if there is a risk to public safety, and the reason the application was delayed can affect decisions about the detention period.