Home | Databases | WorldLII | Search | Feedback National Human Rights Commission of Korea - Complaint Summaries

Recommendation to suspend execution of the mandatory deportation order for Korean-Chinese [2002] KRNHRC 8 (1 August 2002)

The victims were Korean-Chinese who committed the offense of grabbing a
Korean butcher by the collar while drunk early morning one day in August
2002. They were charged with violation of the "Act on Punishment of Violent
Conduct, etc.", and were transferred to Seoul Immigration Office. Subsequently
in August 2002, a mandatory deportation order was issued to the victims, upon
which they filed a petition for relief.

As a result of the Commission's investigation, it was found that the victims
were on the condition of exit suspension until March 2003 as they reported
themselves during the period for voluntary report of illegal stay; it was hard to
believe that the conducts of grabbing by the collar and pushing the other party
and speaking some abusive languages committed by the victims of such old age
would harm interest or public order of the Republic of Korea, or harm
economic order, social order or public morals; and the victims would sustain
irrecoverable damages if the mandatory deportation order was executed.

Therefore, in August 2002 the Commission issued a recommendation to the
head of Seoul Immigration Office to give emergency relief by suspending the
mandatory deportation order until the proceedings for application for objection
against the mandatory deportation order and the administrative litigation was
finalized. The relevant agency accepted the recommendation of emergency relief.