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A Workplace Accident That Led to a Departure Order

Learn from a real Korean court case where a workplace safety violation led to a departure order, and how the court reviewed the decision.


Kababayan, I want to close out our series of real case studies with one involving something many of us can relate to directly — an accident at work, and how it became tied to an immigration consequence.

In this case, a foreign national working at a construction site failed to properly follow workplace safety duties, and as a result, a co-worker was seriously injured, requiring weeks of medical treatment. The person was convicted of professional negligence resulting in injury and received a suspended prison sentence. Based on this conviction, the immigration office issued a departure order.

The person challenged the order, and this time, the court actually ruled in their favor. The court looked closely at the full context of the accident — noting that the injury resulted from carelessness rather than any intentional harm, that there was no ongoing danger of the person committing similar violence again, and that responsibility for site safety at a construction location is generally understood to rest more heavily with site supervisors and management, who are expected to provide stronger oversight and guidance to workers. In this case, supervisory staff had also been penalized for their role in the incident, so it wasn't treated as something caused purely by this one individual's fault.

The court also considered that the person had already faced consequences through the criminal justice system — receiving a suspended sentence — and that the construction company itself had taken responsibility for compensating the injured worker's medical costs. Taking all of this together, the court found that issuing a departure order on top of everything else was disproportionately harsh given the actual circumstances of the case.

I want to end this case study series with this example, kababayan, because I think it captures something really important: our courts genuinely do look at context, responsibility, and fairness — not just the fact that something bad happened. If you're ever facing a similar situation involving a workplace accident, it matters to have your full story and circumstances properly presented, because details like this can make a real difference in the outcome.

In our final articles, we'll wrap up this whole series with a practical FAQ, and a step-by-step guide for what to do if you ever receive a deportation notice.

Disclaimer: This article is for general information only and is not legal advice. If you have a specific case, please consult a lawyer or the immigration office directly.


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About the Author



English Instructor in South Korea | 22 Years of Teaching Experience

Majella Pagayon is the founder of Pinoy Sarang, a community platform dedicated to helping Filipinos navigate life, work, education, and immigration in South Korea. She regularly writes practical guides, safety tips, and educational resources for Filipinos living and working abroad.

I am Majella, an English Instructor with nearly 22 years of teaching experience in South Korea. Based in Chungju, I am the founder of Pinoy Sarang and Hiraya Filipina Korea. My mission is to bridge the gap between traditional teaching and the digital business world, helping others find their path to success.