Administrative Court Rules Fines for Immigration Control Act Violations Are Not Subject to Administrative Litigation

A court has ruled that fines paid for violations of the Immigration Control Act cannot be the subject of administrative litigation.
The 10th Administrative Division of the Seoul Administrative Court (Presiding Judge Jeong Eun-young) dismissed a lawsuit filed by an individual, identified as A, against the state in April, in which A sought a declaratory judgment that the obligation to pay the fine did not exist.
While operating a business in Jongno-gu, Seoul, A was issued a notification of a 9 million won fine in September of last year for allegedly employing foreigners without valid residency status, and subsequently paid the amount.
A later filed the lawsuit, claiming that the foreigners were merely helping out without pay to learn about the franchise business and that A had not employed them, thereby requesting confirmation that there were no grounds for the fine notification.
However, the court determined that disputes regarding the obligation to pay such fines cannot be the subject of administrative litigation.
The court cited Supreme Court precedents stating that even if a fine notification is considered an administrative action in nature as an exercise of public authority regarding minor legal violations, it cannot be the subject of administrative litigation.
The court pointed out that "the propriety of acts related to criminal procedures and the existence of criminal liability can only be challenged under the Criminal Procedure Act and cannot be the subject of administrative litigation."
Furthermore, the court held that since the payment of a fine under the Immigration Control Act is recognized as having an effect equivalent to that of a final judgment, the existence of the obligation cannot be re-examined once the fine has already been paid.
The court stated that in order to retroactively overturn an effect equivalent to a final judgment, there must be special legal provisions, and as there are no such separate provisions under the current legal system, the existence of the obligation cannot be confirmed through administrative litigation after a fine for a violation of the Immigration Control Act has been paid.
(Photo: Yonhap News)
※ Please note: This article was translated by AI and may contain errors.