Language Barrier Threatens Deportation for Migrant Worker After Missing Court Appeal Deadline

A Cambodian migrant worker in South Korea is on the verge of deportation after failing to file an appeal within the legally mandated timeframe for a summary order. The worker, identified as Mr. K, received a summary order for importing 60ml of the drug 'Rush,' a psychotropic substance, in violation of the Narcotics Control Act. The order, issued by the Incheon District Court, imposed a fine of 5 million won. Summary orders are judgments made solely on documents submitted by the prosecution, without a formal trial. Crucially, if an appeal is not filed within seven days of receiving the order, it becomes final and legally binding, carrying the same weight as a confirmed sentence.

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The summary order has the effect of a confirmed judgment if a formal trial is not requested within 7 days of receiving it, which is stronger than an indictment.

Mr. K discovered the summary order, which was sent to his workplace, five days after it was delivered. However, he could not understand its contents as it was written solely in Korean. By the time he sought legal counsel, the seven-day appeal window had already closed. Mr. K maintains his innocence, claiming he was merely receiving a package ordered by an acquaintance, but he has now lost the opportunity to present his case in a formal trial.

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For migrant workers, a confirmed fine poses a great risk of deportation or denial of visa extension.

The consequences for foreign nationals with confirmed sentences, particularly fines, can be severe. According to guidelines from the Ministry of Justice's Immigration Service, a confirmed fine of 3 million won or more can result in deportation. Mr. K's 5 million won fine places him at high risk of being expelled from the country. While court precedents mandate the translation of indictment documents for defendants who do not understand Korean, there is no such provision for summary orders.

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The necessity of providing translations for summary orders is significant because they are confirmed as is if a formal trial is not requested, giving them stronger effect than indictments.

Lawyers specializing in immigrant cases argue that summary orders, which can be finalized without a trial and carry significant legal weight, should also be translated. They contend that the lack of translation infringes upon the rights of foreign defendants. Mr. K's legal team has filed a petition for the restoration of his appeal rights, arguing that language barriers made it objectively impossible for him to understand the summary order and the existence of his right to appeal, thus constituting a reason for which he cannot be held responsible.

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It is objectively impossible for Mr. K to recognize all matters related to appealing, including the meaning of the summary order and the existence of the right to request a formal trial, due to the language barrier.