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.
- Forced deportation order issued and notified to the person
- Detention (보호): placement in immigration detention facility
- Option to file an objection or administrative lawsuit
- Suspension of detention or execution (rare, requires compelling grounds)
- Execution of deportation (boarding aircraft and departure)
- Re-entry ban of 1 year to permanent applied after departure
How Sunshine 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
Frequently Asked Questions
Can I appeal a forced deportation order?
Yes. You may submit an objection to the Minister of Justice, through the immigration office, within 7 days of receiving the deportation order (Article 60(1)), 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). If immediate removal is not possible, detention may last up to 2 months; with approval of the Foreigner Detention Committee it can be extended by up to 3 months at a time, but the total may not exceed 9 months (20 months in the exceptions set by law) (Article 63). 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.
What is the difference between a departure order (exit order) and a deportation order in Korea?
A departure order is issued, with an exit deadline, to a person who appears to fall under a deportation ground but wants to leave voluntarily at their own expense (among other cases), while a deportation order is issued when the immigration review finds that a deportation ground applies. If you do not leave by the deadline set in a departure order, a deportation order must be issued, and an objection to a deportation order must be filed within 7 days of receiving the order. A person who left after receiving a deportation order and has not yet passed 5 years is listed in the Immigration Act as someone the Minister of Justice may bar from entry, and in permanent-residence (F-5) screening the Ministry manual lists leaving under a deportation order within 7 years, or under a departure order within 5 years, as a disqualification. Check your own document to see which disposition you received, and confirm deadlines with the competent immigration office.
This page provides general legal information only and does not constitute legal advice. Contact our office for a specific consultation.