[HOAM Foreign Law Column] The 90-Day Fight: How to File an Objection to a Deportation Order

When a Deportation Order is issued, many foreigners believe it is a final, irreversible decision. It is not. Under Korean law, you have a 90-day window to challenge this administrative action through an Objection (I-ui Sin-cheong) or an Administrative Lawsuit. This is a race against time to save your life in Korea.

1. The Power of 'Administrative Objection'

Within 7 days of receiving the order, you can file a formal Objection with the Minister of Justice. While the success rate for self-filed objections is low, an objection prepared by a legal professional that highlights procedural errors or humanitarian grounds (e.g., family in Korea) can sometimes lead to a reversal of the decision.

2. The 90-Day Lawsuit Deadline

If the objection is denied, or if you choose to go directly to court, you must file an Administrative Lawsuit within 90 days of becoming aware of the order. This is a formal trial where a judge reviews whether the Immigration Service abused its 'discretionary power.'

3. Suspension of Execution (The Most Important Step)

Filing a lawsuit DOES NOT stop you from being deported. You must simultaneously apply for a 'Suspension of Execution' (Jip-haeng Jeong-ji). If the court grants this, the deportation is paused, and you can legally remain in Korea until the judge delivers the final verdict on your case. This is the only way to avoid being put on a plane while your trial is ongoing.

4. Key Arguments for Winning

To win an objection or lawsuit, we typically use the following strategies:

• Proportionality: Argue that the 'harm' of deportation (losing job, family, home) is far greater than the 'public interest' gained by removing you for a minor violation.
• Procedural Errors: Identify mistakes made by immigration officers during the Sabeom Simsa or the detention process.
• Humanitarian Grounds: Provide evidence of Korean spouses, children, or long-term roots that make removal a violation of fundamental rights.

5. Why Hoam Law Firm?

The 90-day window is a high-stakes legal battle. Hoam Law Firm acts immediately to secure a Suspension of Execution, buying you the time needed to fight. We provide a comprehensive defense strategy, from gathering evidence of your 'good character' to representing you in front of administrative judges, ensuring your voice is heard before the door is closed.

#ImmigrationObjection #DeportationDefense #90DayWindow #StayOfExecution #AdministrativeLawsuit #KoreaVisaLaw #HoamLawFirm