3) Changes and Limitations Related to Protective Equipment and Treatment at Immigration Detention Centers A) Introduction of Additional Protective Equipment at Immigration Detention Centers and Attempt at Conversion into Open Facilities Foreigners who are subject to deportation due to violations of the Immigration Control Act and are ‘detained’ at immigration detention centers in Korea until they leave the country. They mostly live in immigration detention centers in Hwaseong, Cheongju, and Yeosu,247) and the average waiting period for a detained foreigner at the immigration detention centers is around 10 days. However, there are cases of waiting for longer periods of time for reasons, such as refugee application, disposal of residual property, liquidation of various contractual relationships, and personal affairs. Foreigners subject to deportation violated the Immigration Control Act, but they did not commit a criminal offense. Accordingly, unlike criminal arrests, the process of administrative detention for foreigners subject to deportation, such as ‘physical detention’ and ‘protection,’ is carried out by the immigration officials in a simple procedures, not under the control of a judge. However, there are criticisms on the operation of the immigration detention centers, which are places where foreigners subjected to deportation wait before leaving the country, because they are managed similar to that of correctional facilities, unnecessarily violating the physical freedom of foreigners.248) In 2022, there were several changes to immigration detention centers in Korea due to the controversy over the harsh treatment at the Hwaseong Immigration Detention Center that occurred during the previous year249) and the release of the Ministry of Justice's improvement plan.250) Since early 2022, the Ministry of Justice has promoted the revision of the “Foreigner Protection Rules.” This rule collected opinions from related ministries 247) In the case of Yeosu, the name is ‘Yeosu Immigration Office Protection Room,’ but it actually serves as a detention center, and the Ministry of Justice classifies it as a long-term protection facility. 248) NHRCK Press Release, Apr. 2, 2018. 249) A case related to a use of protective equipment in a so-called ‘shrimp’s posture’ method; see ‘2021 NHRCK: The Report on Human Rights Situation in the Republic of Korea’; NHRCK, Decided on Oct. 8, 2021, 21JinJeong045100 0・21JinJeong0477800(Combined); NHRCK, Decided on Dec. 3, 2021, 21JinJeong0520600, etc. for details. 250) MOJ Press Release, Nov. 1, 2021. 100

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