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National Human Rights Commission of Korea - Complaint Summaries

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Recommendation to suspend execution of the mandatory deportation order for a Russian expatriate worker [2002] KRNHRC 7 (1 June 2002)

Recommendation to suspend execution of the mandatory deportation order for a Russian expatriate worker

In June 2002, the victim tried to defend his wife from a Korean who was
sexually assaulting her, and sustained bodily injury, which required three-month
medical treatment. Nevertheless, Seoul Immigration Office issued a mandatory
deportation order to him in August 2002, and so the petitioner filed a petition
requesting to take a remedial measure.

As a result of the Commission's investigation, it was found that the victim
reported himself during the period for voluntary report of illegal stay and thus
was on the condition of exit suspension until March 2003; he had a regular job
and fixed abode; he sustained bodily injury, which required three-month
treatment while defending his wife from sexual assault; and he would sustain
irrecoverable damages if the mandatory deportation order was carried out.

Accordingly, in September 2002 the Commission issued a recommendation to
the immigration office to give him emergency relief and suspend the mandatory
deportation order until the proceedings of application for objection and
administrative litigation were finalized, and the office accepted the Commission's
recommendation of emergency relief.


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