Court blocks immigration office from denying stay extension over 1 million won fine

A South Korean court has cancelled the immigration office’s decision to deny a Sri Lankan worker an extension of his stay, ruling that officials relied too heavily on a 1 million won traffic fine.

The Uijeongbu District Court’s Administrative Division 1 found that the authorities had not sufficiently examined how the accident happened, the worker’s employment history or the effect that leaving South Korea would have on his livelihood. The ruling was recently issued in a lawsuit brought by the worker against the Yangju Immigration and Foreigners Office, according to a judgment obtained by Hankyoreh.

The worker first entered South Korea in May 2018. After leaving in February 2023 and returning in June, he obtained E-7-4 skilled-worker status in October and began working for a furniture manufacturer in Pocheon, Gyeonggi Province.

In February 2024, he drove a truck through a red light and collided with another vehicle. The other driver suffered injuries requiring two weeks of treatment, and a summary order imposing a 1 million won fine followed in October. Immigration authorities rejected his stay-extension application, filed in August of the previous year, citing an internal guideline that treats fines of 1 million won or more as grounds for restricting extensions.

The court noted that the accident was not intentional and that the fine stood at the minimum amount covered by the guideline. It also considered the skilled-worker program’s purpose, the man’s diligent employment and requests for leniency from colleagues. His lawyer, Han Byeong-cheol, said the ruling meant the worker, who had faced the prospect of leaving South Korea, would have a chance to have his circumstances properly reviewed and protect his livelihood.

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The ruling says officials must examine not only the amount of the fine, but also the circumstances of the accident, the worker’s employment history and the impact on his livelihood.