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Opinion on the lawsuit on deportation orderfora foreigner infected with HIV [2009] KRNHRC 1 (22 January 2009)

In May 2007, the Director of the Seoul Immigration (the defendant) ordered a Korean
Chinese to leave Korea because he tested positive for HIV. The Korean Chinese filed a
lawsuit against the Director of the Seoul Immigration.
The Commission found that this lawsuit would significantly affect the protection and
promotion of the human rights of foreigners and HIV patients, and therefore, submitted its
opinion to the competent court.

The Commission concluded that the order did not significantly contribute to protecting
the public's health in Korea and irrevocably violated the fundamental rights of the plaintiff,
considering that contrary to the public perception and understanding, HIV/AIDS is not
contagious in daily life and AIDS is a chronic disease managed with effective medications,
according to medical experts.

Therefore, the Commission ruled that the order issued by the defendant was likely to
violate the plaintiff's right to live in Korea and discriminate against the plaintiff on the
basis of medical history.
The Seoul Administrative Court ruled in favor of the plaintiff on April 16, 2008. The
Seoul High Court upheld the ruling of the Seoul Administrative Court on November 6,
2008, and the Supreme Court confirmed the decision of the lower court on January 22, 2009.