86. In March 2023, the Constitutional Court held that Article 63 (1) of the Immigration Act, which allows for long-term immigration detention without an upper limit, is unconstitutional. Accordingly, the NHRCK urged the Ministry of Justice and the National Assembly to take appropriate measures in compliance with the intent of the Constitutional Court’s decision and the deadline for legislative improvements.92 87. The Government wrote in its 5th periodic report that it restricts the detention of children under the age of 14 and minimizes the detention of children under the age of 18, with special care being provided. Even if special care is provided, it is difficult to offset the negative effects of detention on children.93 Immigration detention of children under the age of 18 should be prohibited in principle, observing the Convention on the Rights of the Child and international human rights standards. 88. Proposed recommendation: The State party should conduct regular interviews with long-term detainees in immigration detention at designated times and locations to support them to resolve grievances, such as wage arrears. The State party should consider temporary release from immigration detention and other similar measures in cases where departure is difficult due to reasons such as refugee screening or trial proceedings. Furthermore, the State party should legislate the prohibition of the placement of children in immigration detention and take measures to ensure that immigration control officials put the best interests of children first in their activities and decisions with respect to children. C. Operation of Waiting Rooms at Airports and Ports of Entry and Departure 89. The Government stated in the State party report that it does not operate immigration detention facilities at airports and ports of entry and departure, and that it only provides waiting facilities for foreigners who are denied entry and must depart, or who are waiting for a decision from refugee status determination procedures. However, refugee status applicants involved in litigation often have to stay at the port of entry and departure for an extended period of time until their lawsuit is concluded, being in situations similar to detention.94 Moreover, external access and contact are controlled in some departure waiting rooms such as those at Incheon International Airport Terminal 2, which prevents such applicants from freely leaving the waiting room and restricts their interactions with outsiders, except for meetings with lawyers. 90. Proposed recommendation: The State party should recognize that the waiting at the departure waiting rooms at airports and ports of entry and departure operates as de facto detention and improve the treatment of foreigners in departure waiting rooms in compliance with international human rights norms and standards.95 20