The Ulsan District Court said Monday that it has turned down a Chinese national's request to nullify the immigration office's order to leave the country after the long-term resident was convicted of driving under the influence.
The court dismissed the plaintiff’s request that was made on the basis of procedural defect, and said the Chinese national, who was caught drunk driving with a blood alcohol concentration of 0.183 percent in Gyeongju, North Gyeongsang Province, in July 2021, had been subject to forced eviction prior to the order.
“The plaintiff had a very high blood alcohol level at the time of drunk driving, and also caused an accident colliding with another vehicle," the court said.
"Even if the plaintiff suffers a disadvantage being unable to stay in Korea, the possibility of reentry is open, and his disadvantage cannot be seen as exceeding the public interest of protecting the citizens’ safety and social order in Korea.”
The Ulsan Immigration Office earlier issued a departure order to the Chinese man, who is in his 40s, as he was sentenced to one year in prison and two years of probation.
The man then filed a lawsuit claiming the departure order as too harsh and that he has lived in Korea for nearly 20 years without committing any serious illegal acts.
He arrived in Korea in March 2006 with a short-term visa, and in February 2013, he received permission to change his status to an overseas Korean.
