The NHRCK, through its decision on Apr. 15, recommended to the Minister of Justice, to prevent human rights violations in immigration detention centers, to improve the detention condition, improve the right to medical care and health, allow use of mobile phones and access to Internet to guarantee the right to external transportation, pay special attention to protection of vulnerable people such as sexual minorities and HIV-infected persons, conduct regular interviews with foreigners under long-term detention, and active review of temporary suspension of detention.254) B) Controversy Surrounding the Nature and Realities of Control and Protection of Undocumented Aliens Undocumented aliens255) are “foreigners staying without extending his/her stay or leaving the country even after the period of sojourn has passed.” They often stay in Korea beyond the period of sojourn to provide for themselves and their families through employment, and domestic jobs that require foreigners’ labor force sometimes encourage foreigners to violate their sojourn status. On the other hand, the enforcement and protection of the undocumented aliens under the Immigration Control Act is an administrative action for physical detention and restricting the freedom of movement and physical freedom. In other words, undocumented aliens are those who have violated the laws related to the status of stay under the Immigration Control Act, and are distinguished from other criminal offenders, and under the Immigration Control Act, the enforcement and protection of undocumented aliens are different from criminal procedures. These conceptual and logical facts are used to mean that ‘illegal acts committed by undocumented aliens have a lower degree of social harm than criminal offenses,’256) and ‘enforcement and protection of undocumented aliens do not require procedures, requirements and rules that protect the rights of others, which are required for criminal procedures.’257) However, despite such 254) NHRCK, Decided on Apr. 15, 2022, Recommended to Improve the System to Increase Human Rights of the Detained Foreigners from the Investigation Conducted at the Immigration Detention Centers 255) In this report, the terms ‘undocumented immigrants’ or ‘undocumented aliens’ will be used instead of the term ‘illegal immigrants,’ which raises concerns about causing hostility to migrants. 256) Kim, Se-jin, Materials from International Symposium on the Current Immigration Detention System of Korea and Improving the Immigration Detention System, Sep. 2022. 257) MOJ Implementation Plan on NHRCK Recommendation (18-Ex Officio-0001800), 2019, etc. 102