There are cases where foreigners are protected in protection facilities for the purpose of investigating legal violations and conducting reviews, temporary protection, and execution. Today, we will look at the cases of protection for violation investigation and review.
Conditions for protection for violation investigation and review
▶ Immigration officials can detain and accommodate foreigners in foreigner protection rooms, foreigner protection facilities, or other places designated by the Minister of Justice for the purpose of investigating and reviewing the violation facts if they suspect that the foreigner falls under the following cases:
① There is a significant reason,
② There is a risk of escape or attempting to escape
- A foreigner who entered the country illegally without a visa
- A foreigner who entered the country through a false invitation
- A foreigner whose reason for entry ban was discovered after entering the country
- A foreigner who entered the country in violation of the immigration screening process
- In case of violation of the permission conditions set by the head of the local immigration office
- A foreign crew member who landed without obtaining landing permission
- A foreign crew member who violated the landing permit conditions
- A foreigner who violated the scope of activities allowed for residence permits
- A foreigner who changed their workplace without permission beyond the scope of their residence qualification
- A foreigner who violated their place of residence, activity scope, or other compliance matters
- Violation of the obligation to prohibit submission of false documents
- Attempting to leave the country in violation of the exit screening process
- Violation of the obligation to register as a foreigner
- Permanent residents who committed serious crimes (insurrection, foreign exchange crimes, sentences of 5 years or more)
Protection Procedures
(1) Protection period - The protection period for reviewing the eligibility of a protected foreigner for forced repatriation is within 10 days, and if there are unavoidable reasons, the period can be extended only once within a range not exceeding 10 days with the permission of the head of the local immigration office. (2) Protection order - When executing a protection order, immigration officials must show the protection order to the suspect. (3) Written notification - When a suspect is protected, immigration officials must notify their legal representative, spouse, direct relative, siblings, family, attorney, or a person designated by the suspect of the date, location, and reason for protection in writing within 3 days. (4) Notification to consuls - If the protected person wishes, immigration officials must notify the consul of the country to which their nationality or citizenship belongs, stationed in the country, of the date, location, and reason for protection unless there are emergency situations or other unavoidable reasons.
Relief Methods
1) Objection to protection
- A person protected under a protection order or their legal representative can file an objection to the protection through the head of the local immigration office to the Minister of Justice.
(2) Administrative adjudication or administrative lawsuit
- As the legal nature of the protection order is immediate administrative enforcement, its illegality or unfairness can be disputed through administrative adjudication or an administrative lawsuit.
(3) (3) Temporary release from protection
- A person under protection according to a protection order, their guarantor, or legal representative can request temporary release from protection by depositing a bond with the head of the local immigration office. The bond is usually set at 20 million won.
Comments