Questions by situation
Each answer starts with the short answer, then when it applies and when it does not, the documents, and the timeline.
It has been 5 days since I received a deportation order in Korea — can I still file an objection?
If 7 days have not passed since you received the order, you can still object, so submit it within the remaining days. If the 7 days have already passed, the law has no provision for accepting a late objection, so check immediately with the immigration office in charge whether any other options remain. The objection, with a copy of the deportation order and materials showing the grounds for objection, is submitted to the Minister of Justice through the head of the regional immigration office. The deadline runs from the day you actually received the order, so write down that date first.
I received a deportation order in Korea — what should I check on it first?
A deportation order states the purpose of and reasons for the order and that you may file an objection, so start by checking the reasons section and the date you received it. If the stated reasons are inaccurate or leave out relevant circumstances, that becomes the core argument of your objection. Keep a copy of the order, the materials you submitted during the investigation, and documents showing your history of stay in one place. The objection deadline is 7 days from receiving the order, so review the content and prepare documents at the same time.
What documents should I attach to an objection against a deportation order in Korea?
The law does not specify required attachments, so the basic approach is to attach materials that rebut the reasons for the order or show why you need to remain in Korea. If you are disputing the violation itself, prepare evidence of the facts; if you admit the facts but are appealing based on your circumstances, focus on family relationship, livelihood, and length-of-stay records. The office head forwards your objection to the Minister of Justice together with the review decision and investigation records, so any claim that differs from the investigation records must be backed by supporting documents. All preparation must be finished within 7 days of receiving the order.
If my objection to a deportation order in Korea is rejected, is there no way at all to stay?
Even when an objection is found to be without merit, the Minister of Justice may permit you to stay if you once held Korean nationality or have special circumstances requiring you to remain in Korea. Without such circumstances, repatriation proceeds after you are notified of the decision. Even when a stay is permitted, conditions such as a period of stay may be attached. That is why it is wise to submit materials showing special circumstances, such as former nationality records and family relationship documents, from the objection stage.
If a foreigner with a Korean spouse and children gets a deportation order, will family circumstances be considered?
Family circumstances are a typical example of the 'special circumstances requiring a stay in Korea' on which the Minister of Justice can permit a stay. However, having family does not by itself decide the outcome; it is weighed together with the nature of the violation. Attach to your objection a family relationship certificate and marriage certificate, housing records showing you live together, and records of childcare and financial support. It must be submitted within the objection deadline of 7 days after receiving the order.
Is there a way to get a family member out of an immigration detention center in Korea after a deportation order?
You can apply for temporary release from protection, and not only the detainee but also a guarantor or legal representative can be the applicant. The office head may grant temporary release on their own authority, and if an application is filed, the Foreigner Protection Committee decides. Submit the application for temporary release, with materials explaining the reasons and the ability to pay the deposit, to the office head or the head of the detention center. The committee decides within 3 weeks of receiving the application, extendable once by up to 2 weeks if unavoidable.
How much is the deposit for temporary release from immigration detention in Korea, and can I get it back?
The deposit is set within 20 million won considering the detainee's circumstances, the reasons for the request, and their assets, and conditions such as a residence restriction, regular reporting, and designation of a guarantor are attached. If the released person flees, fails without good reason to comply with a summons, or breaches the conditions, the temporary release is revoked and all or part of the deposit may be forfeited to the state. Unless it is forfeited, the deposit is returned to the person who paid it when the foreign national leaves Korea or the temporary release is revoked. When applying, you must submit materials showing that you can pay the deposit.
If I believe being detained under a protection order in Korea is unjust, where can I challenge it?
The detained person or their legal representative can request a review of the protection from the Foreigner Protection Committee through the head of the regional immigration office. If the request has merit, the committee orders release from protection; if not, it dismisses the request. Attach materials showing that protection is unnecessary, for example that you have a fixed residence and there is no flight risk. This review request is separate from an objection to the deportation order itself, so if you want to challenge the deportation order, you must separately meet the 7-day deadline from receiving the order.
How many days can I be held in immigration detention in Korea while being investigated for deportation?
Protection for reviewing and deciding whether you are subject to deportation lasts up to 10 days, and if there are unavoidable reasons, it can be extended only once by up to 10 days with the office head's approval. This is a different stage from the protection period for repatriation after a deportation order is issued. At the investigation stage, statements and materials explaining your history of stay, family relationships, and the circumstances of the violation are reflected in the decision, so it helps for family members to gather documents in advance. Protection takes place in an immigration holding room, an immigration detention center, or a place designated by the Minister of Justice.
Can a foreigner with permanent residency (F-5) in Korea be deported for a crime?
Holders of permanent residency are in principle not deported, but they can be if they fall under an exception set by law. The exceptions are committing crimes of insurrection or treason under the Criminal Act, being released after a sentence of 5 years or more of imprisonment if specified by Ministry of Justice ordinance, and providing vessels or other means for the illegal entry or departure of foreign nationals, or instigating or aiding such acts. Whether you fall under an exception must be checked against the judgment and disposition documents, so prepare copies of the judgment and your permanent residence card. Separately from deportation, there is also a procedure for cancelling permanent residency itself, so identify which kind of notice you received.
If I have applied for refugee status in Korea and then receive a deportation order, will I be sent back immediately?
The law provides that a person must not be repatriated while their refugee application is undecided or while an objection review under the Refugee Act is not yet complete. However, this protection does not apply if the refugee applicant is found to have harmed, or to be likely to harm, the public safety of Korea. Keep documents showing that you applied and what stage the application is at, such as the refugee application receipt. A halt to repatriation is separate from an objection to the deportation order, so if you want to object, you must meet the 7-day deadline from receiving the order.
If I'm deported from Korea, will I only be sent to my country of nationality?
In principle, you are repatriated to the country of your nationality or citizenship. If you cannot be sent there, you may be sent to the country where you lived before coming to Korea, the country of your birthplace, the country of the port where you boarded the ship or aircraft to Korea, or another country to which you wish to be repatriated. If you want to go to another country, prepare documents showing your right to stay in or ability to enter that country and inform the office. The timing of repatriation depends on how enforcement of the order proceeds.
I'm being investigated as subject to deportation from Korea — if I offer to leave at my own expense, can it be changed to a departure order?
The law provides that even when a person is found subject to deportation, a departure order may be issued to someone who intends to leave voluntarily at their own expense. However, this is a discretionary provision ('may'), so asking does not automatically change it to a departure order; the violation and your circumstances are weighed together. Prepare your passport, a flight reservation, and proof that you can cover the cost of departure to show your intention to leave voluntarily. If you receive a departure order, you must leave by the deadline stated on it, which is set within 30 days of issuance.
Key terms
- Deportation order (강제퇴거명령서)
- A document issued to a suspect by the head of the regional immigration office when a review finds them subject to deportation, stating the purpose of and reasons for the order and that an objection may be filed.
- Objection to a deportation order (이의신청)
- A procedure in which a suspect who disputes a deportation order submits an objection to the Minister of Justice, through the head of the regional immigration office, within 7 days of receiving the order.
- Protection/detention (보호)
- An enforcement measure in which immigration officers take into custody and hold, in an immigration holding room or detention center, a person reasonably suspected of being subject to deportation, in order to remove them from Korea.
- Temporary release from protection (보호의 일시해제)
- A disposition that temporarily releases a person from protection, requiring a deposit of up to 20 million won and attaching conditions such as a residence restriction, considering the detainee's circumstances, the reasons for the request, and their assets.
- Foreigner Protection Committee (외국인보호위원회)
- A committee within the Ministry of Justice that independently reviews objections to protection and re-protection of foreign nationals and approves extensions of protection periods.
- Special stay permission (체류허가의 특례)
- A system allowing the Minister of Justice to permit a stay with conditions, even when an objection is without merit, if the person once held Korean nationality or has special circumstances requiring them to remain.
- Country of repatriation (송환국)
- The country to which a person under a deportation order is sent; in principle the country of nationality or citizenship, and if that is impossible, the country of residence before entry, the country of birth, and so on.
