Court Rules That Humanitarian Stay Cannot Be Denied Solely Due to Sexual Offense Fine Conviction

Gwangju District Court Rules in Favor of Yemeni Refugee Applicant
"Not Grounds for Forced Repatriation... Refugee Screening to Be Repeated"

The court has ruled to overturn the denial of humanitarian stay permission that was based on a previous fine conviction.

The Gwangju District Court Administrative Division 1 (Presiding Judge Kim Jeongjung) announced on the 25th that it had ruled in favor of the plaintiff in a lawsuit filed by Mr. A, a Yemeni national, against the head of the Gwangju Immigration Office, seeking the cancellation of the decision to deny his humanitarian stay permit.

Mr. A entered Korea in 2016 on a short-term visitor visa and applied for refugee status, citing the ongoing civil war in Yemen, and continued his stay. However, during his stay in Korea, he committed a sexual offense on the subway and was issued a summary order by the court to pay a fine of 3 million won. Immigration authorities classified Mr. A as subject to deportation and denied his stay based on this conviction.

The court stated, "The plaintiff's criminal record is not a matter serious enough to exclude him from refugee recognition," and added, "It is difficult to consider this as grounds for an exception to the prohibition of forced repatriation."

As a result of this ruling, Mr. A will undergo a third refugee screening.

This content was produced with the assistance of AI translation services.