The Report on Human Rights Situation in the Republic of Korea The Constitutional Court reviewed the unconstitutionality of the detention facilities under the Immigration Act in 2016 and 2018. The Constitutional Court upheld the detention facilities under the Immigration Act as constitutional both times, but there were conflicting opinions among the justices on the unconstitutionality of the detention facilities under the Immigration Act in 2013HunBa196 decision in Apr. 28, 2016. In the case, 4 justices stated that it violated personal liberty and the principle of due process because the upper limit of the detention period is not established under the Immigration Act, asylum seekers are not excluded from the people subjected to detention, there is no control procedure by a third party independent institution or judicial authority in commencing or extending the detention and an opportunity for a hearing is not guaranteed. A report on the ‘result of an investigation on the human rights violations at Hwaseong Immigration Detention Center and plan for improvements,’ by the Ministry of Justice in November 2021 included improving the regulations for procedures related to detaining foreigners, offering alternative detention centers that guarantee freedom of movement within the facilities and the use of protective gear, etc. The NHRCK also stated that the repeated human rights violations at the immigration detention centers is not only from insufficient work skills of the employees or a lack of regulations, but partially from the fact that these foreigners are kept for the long-term at detention facilities that are designed for a temporary detention.21) The human rights groups are asking to participate in the process of making the changes, and we need to pay attention to see if the basic paradigm of these immigration detention centers can change. 21) NHRCK Press Release, Nov. 16, 2021, Etc. 24

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