Deportation Order

Forced Deportation Order (강제퇴거명령) — Process, Appeals & Re-entry Bans

A forced deportation order is one of the most severe administrative dispositions under Korea's Immigration Control Act. Once issued, detention is typically imposed, and execution results in a re-entry ban ranging from 1 year to permanent.

What Triggers a Forced Deportation Order?

Article 46 of the Immigration Control Act specifies grounds for forced deportation. The order is issued when the immigration authority determines that a person meets one or more of these grounds.

  • Present in Korea without valid residency status
  • Convicted of a prohibited act (drugs, sexual offenses, etc.)
  • Deemed a threat to national security or public order
  • Entry or residency obtained through false documents
  • Failed to comply with a departure order

The Deportation Process

Once a forced deportation order is issued, the following process unfolds.

  1. Forced deportation order issued and notified to the person
  2. Detention (보호): placement in immigration detention facility
  3. Option to file an objection or administrative lawsuit
  4. Suspension of detention or execution (rare, requires compelling grounds)
  5. Execution of deportation (boarding aircraft and departure)
  6. Re-entry ban of 1 year to permanent applied after departure

How Vision Can Help

Our office provides the following support for those facing a forced deportation order:

  • Review of grounds for administrative appeal or litigation
  • Application for suspension of detention
  • Support for shortening or lifting the re-entry ban
  • Consultation on lawful re-entry options after deportation
선샤인행정사사무소
서울 중구 퇴계로 324, 3층 · +82-2-363-2251
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Frequently Asked Questions

Can I appeal a forced deportation order?
Yes. You may file an objection with the Immigration Review Committee or file an administrative lawsuit for cancellation. Applying for suspension of execution during litigation can temporarily halt the deportation.
What is the detention (보호) process?
After a deportation order is issued, the person is placed in an immigration detention facility (보호소). The standard detention period is 3 months and may be extended. Release on bail or temporary release can sometimes be obtained.
Can deportation be suspended?
In limited cases involving humanitarian grounds (serious illness, care of an infant, etc.) or pending administrative litigation, suspension of execution may be granted. Expert assistance is essential.
This page provides general legal information only and does not constitute legal advice. Contact our office for a specific consultation.
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