Korean community appeals the deportation order against fellow Korean

October 30, 2015 10:54 am 

MANILA, Oct. 29 — The Korean community has requested the Department of Justice (DOJ) to stop the impending deportation of a Korean businessman who was arrested last week for a misdemeanor case.

Korean diplomats and religious leaders of the St. Kim Dae Gun Catholic Church and the United Korean Community Association in the Philippines appealed to Justice Secretary Benjamin Caguiao the case of Kang Tae Sik who, they claimed, "was framed up."

According to lawyer Redentor S. Viaje, counsel for the Korean national, Kang is not facing any criminal charge nor a fugitive from law that would warrant his immediate deportation.

“This unscrupulous issuance of warrant of deportation is not novel as there was already precedents wherein immigration officials were ordered dismissed and penalized,” he said in a press briefing.

Last week, members of the Bureau of Immigration Intelligence Division apprehended him on the strength of Warrant of Deportation signed by Immigration Commissioner Siegfred Mison at his office in Makati City.

Viaje said the issuance of Warrant of Deportation against his client is premature since the deportation case still awaits resolution before the department. The case was remanded to the DOJ after the BI’s Board of Commissioners reaffirmed his deportation case last Sept. 16.

Korean Ambassador Hyuk Lee had appealed Kang’s case to former Justice Secretary Leila de Lima, who ordered a review of the case.

On June 26, Kang was ordered deported based on complaint by his former counsel, Alex Tan. He was charged with alleged violation of Section 37 (a) CA 613 (Immigration Law) after Tan informed the BI that Kang was convicted of Violation of B.P. 22, some 20 years ago, and meted 10 months imprisonment.

Viaje said the BI resolution was appealed to the DOJ, arguing that Kang's conviction for violation of B.P. 22 cannot be the basis for his deportation considering the law requires that the penalty must be one year and above. Moreover, the Supreme Court has recently deleted the penalty of imprisonment for violation of B.P. 22.

In 2007, Manila RTC Branch-13 issued an Order considering the penalty against Kang to have prescribed and ordered the lifting of his hold departure order. Because of the said argument then, Justice Secretary De Lima ordered the case remanded to the BI for re-evaluation of the said arguments.

However, on May 21, 2015, the BI issued a resolution ordering anew the deportation of Kang based on a new charge, for allegedly being “undesirable alien.”

In his motion for reconsideration, Viaje reiterated that the order of deportation based on a new charge is a gross violation of his client’s right to due process.

“How can Mr. Kang be considered as undesirable alien when his corporation, K&L Jinro Philippines Inc., is among the top 1,500 taxpayers in Makati City,” the lawyer added.

The motion for reconsideration was again denied by BI on Sept. 15, 2016, and is now pending anew at the DOJ. (PNA)

SCS/FGP/EDS

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