Conviction upheld for Chinese man who illegally entered Korea by jet ski

This August 2023 file photo shows a jet ski used by Kwon Pyong, a Chinese national, to enter Korea illegally on Aug. 16. An appellate court on Friday upheld the conviction of the man for violating the immigration law. Courtesy of Incheon Coast Guard

An appellate court has upheld the conviction of a Chinese man who fled his country on a jet ski and entered Korea illegally last year.

A panel of judges at the Incheon District Court on Friday upheld the lower court's ruling that sentenced Kwon Pyong, 36, to one year in prison, suspended for two years, for violating the immigration law.

He was indicted after traveling on a 1,800-cc jet ski for more than 14 hours across some 300 kilometers from Shandong, China's northern coastal province, to Incheon on Aug. 16.

The bone of contention was whether his way of entering the country met the legal condition of "the act out of necessity," an inevitable act conducted to avoid impending danger against one's personal or another person's legal interest.

He said that he embarked on the journey out of fear of political persecution, given that he was once imprisoned in China for wearing a T-shirt bearing satirical names for Xi Jinping, China's top leader.

Yet the judges rejected his claim, questioning his motive behind using the jet ski to leave his country.

"He entered Korea many times before as he was engaged in the business of selling women's clothes," Judge Lee Su-hwan said. "It is hard to believe that he did so out of necessity."

The judge also pointed out that he did not say political persecution was his reason for escape when he was questioned by the Korean coast guard upon his arrival.

"When asked about the purpose of his visit, he said 'adventure' to the coast guards," Lee said. "He made no mention of political opinion, persecution or fear."

The coast guards only found out about his arrival after he got stuck on a muddy embankment and called an emergency line for help.

Some human rights activists told media outlets that he was fleeing from China escape persecution.

The ruling is expected to affect the ongoing review of his application for asylum. Reportedly, he is now seeking to obtain refugee status here.