When you receive a departure order or deportation order

If you have received an order, start with the following today.

• Check whether the title of the document you received is a departure recommendation (출국권고서), a departure order (출국명령서) or a deportation order (강제퇴거명령서).
• Write down the date you received the order and the departure deadline. The 7 days for an objection to a deportation order are counted from the day you received it.
• Take photos of the order, any earlier notices, your passport and your residence card, and send them to your family as well.
• Write down the reasons you need to stay in Korea, such as Korean family members, children, illness, ongoing court cases or wages owed to you, and gather the related documents.
• If you are not in a detention facility, be sure to follow any conditions set on reporting or where you live.

Mistakes at this stage can affect your ability to enter Korea again.

• Cutting off contact or moving to hide. If it looks like you are fleeing, you will be detained, and it will also count against you in later decisions.
• Missing the deadline in a departure order. If you do not leave by the deadline, a deportation order will be issued and your performance bond may be forfeited to the state (Immigration Act Article 68(4)).
• Preparing your objection after the 7 days have passed.
• Making up circumstances and submitting documents that are untrue.

A departure order is issued to people who have grounds for deportation but wish to leave voluntarily at their own expense, people whose stay permits have been cancelled, and others. The departure deadline is set within 30 days of the issue date, and you may be required to pay a performance bond of up to KRW 20 million.

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 Korea until 5 years have passed (Immigration Act Article 11(1)(6)). So even though you leave either way, which decision you leave under makes a big difference for future entry.

You can file an objection to a deportation order with the Minister of Justice through the immigration office within 7 days of receiving the order. Even if the Minister of Justice finds the objection without merit, the Minister can permit you to stay if you previously held Korean nationality or have special reasons to stay (Article 61). The objection should state these special reasons together with evidence.

Separately from the objection, you can file an administrative lawsuit seeking cancellation of the departure order or deportation order within 90 days of the day you learned of the decision. If removal or the departure deadline is approaching, you must also apply for a stay of execution to remain in Korea during the lawsuit.

If the decision is upheld after you challenge it, you must leave. In that case, settle wages owed to you, deposits and ongoing cases before you leave. If you appoint a representative, these can be handled even after you leave.

Jisan Law reviews the decision and the earlier investigation records and works out with you whether an objection, an administrative lawsuit or voluntary departure is the better option. We write the objection within 7 days, and if a lawsuit and stay of execution are needed, we proceed with them right away. If you are in a detention facility, we visit you to hear your circumstances directly.

The deadline for an objection is short. If you have received an order, contact us first through the chat on this page.