83 Article 12-3 (Period of Examination and Provisional Protective Measures) of the Enforcement Decree of the North Korean Defectors Protection and Settlement Support Act: The period of examination and provisional protective measures under Article 7 (3) of the Act shall not exceed 90 days from the date when the relevant applicant for protection enters into the Republic of Korea (referring to the date of applying for protection, if such applicant applies for protection after the date of his or her entry into the Republic of Korea): Provided, That in extenuating circumstances, such as the increase in the number of the residents escaping from North Korea who enter into the Republic of Korea, such period may be extended within the extent of 30 days only once, after deliberation by the Council. 84 In a constitutional complaint case on the rejection of a counsel’s application for a meeting with a refugee accommodated at the repatriation waiting room in Incheon International Airport (Case No. 2014Hun-Ma346, 31 May 2018), the Constitutional Court ruled that the “detention” stipulated under Article 12 (4) of the Constitution includes the detention imposed under judicial procedures as well as the detention enforced under administrative procedures, and the right to counsel prescribed by the Article 12 (4) shall also apply to those who are put under administrative detention. 85 NHRCK, Recommendation for the formulation of the 4th NAP (July 2022). 86 However, upon request to an officer in charge, migrants in immigration detention may be allowed to use their mobile phones for strictly only limited purposes and methods under the supervision of the staff, such as checking contact information stored on their mobile phones in the storage room. 87 In order to use public phones, migrants in immigration detention are required to purchase a public phone card at the detention center’s canteen. They often find it very inconvenient since the call rates of public phone cards are more expensive than those of mobile phones and the contact information is usually stored on their personal mobile phones. 88 The Hwaseong, Cheongju, and Yeosu Immigration Detention Centers each implement rules for the operation of PC rooms with internet access for detainees. In general, the internet is available for access for less than 30 minutes once a week, but many detainees responded that they could actually use the internet for around 20 minutes, taking into account the time spent travelling to and from the computer room, booting up the computer, setting the language, etc. 89 NHRCK, Policy recommendation based on on-site investigations of immigration detention facilities in 2021 (April 2022). 90 NHRCK, Recommendation for improvement based on on-site investigations of immigration detention facilities in 2017 (December 2017); and Opinion based on on-site investigations of immigration detention facilities in 2015 (April 2016). 91 NHRCK, Recommendation for ways to improve human rights of migrants in immigration detention facilities (November 2011); and Decision on the case of human rights violations caused by poor treatment of migrants in immigration detention (Case No. 21Jinjeong0506700, May 2022). 92 NHRCK, Welcoming statement by its Chairperson on the Constitutional Court’s decision of unconstitutionality of Article 63 (1) of the Immigration Act (23 March 2023). 93 According to the Fact-Finding Survey on Children Deprived of Liberty in Korea (2020) conducted by Korean working group on children deprived of liberty, joined by International Child Rights Center, Children Welfare Action Group Seum, Youth Human Rights Solidarity Jigeum, and nonprofit organization Duru, children in immigration detention were not provided with interpreters; they were never interviewed by dedicated public officials; and they had to endure problems with education, exercise, and meals because there were no means to address them. 37

اختر الفقرة المستهدفة3