and detention is stipulated under the Immigration Act, no objections to deportation order and detention were approved in the last five years. The number of people deported by authorities between 2012 and August 2018 is 95,048, and among the 405 cases that were filed for appeal, most of them (327 cases or 81%) were dismissed and the rest (78 cases or 19%) had their indictment dismissed. 35. Another problem related to "detention" is that it could lead to months of longterm detention. Although article 63 of the Immigration Act stipulates that the immigration authority should obtain prior approval from the Minister of Justice when the period during which a person subject to a deportation order exceeds three months and immediately release the person from detention if he or she fails to obtain approval, only a single person was released from detention between 2012 and August 2018 upon failure to obtain approval. 36. Against this backdrop, the meaning of "detention" in the Immigration Act should be expressly stipulated as "confinement" which specifically refers to the confinement of the body, and such confinement should only be carried out upon court order and the due process, such as an access to a lawyer for a fair trial, should be guaranteed. 37. Also, in July 28, 2018, the NHRCK formally expressed its opinion on the revised Immigration Act that detentions should never be applied to a child unless there are obvious reasons for the best interest of the child to be detained. To avoid arbitrary detention, the definite detention period should be prescribed, and an objective and a neutral procedure should be prepared for the extension period. Issue 8. The Right to Form and Join Trade Unions 38. The Migrants' Trade Union (MTU) was established on April 24, 2005, but the government disapproved the MTU on the grounds that it mostly consist of unregistered immigrants. The government also has a history of cracking down on the union head and leadership of MTU and forcibly deported them as it viewed the union activities, which is the right of union members, as political group activity. 39. However, on June 25, 2015, the Supreme Court of Korea confirmed that in cases where a foreigner who has not obtained a sojourn status to work in 9

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