National Human Rights Commission of Korea Annual Report 2022 According to Article 63 (1) of the Immigration Act, aliens who are subject to forced deportation are protected in facilities without any specified time limit until they can be repatriated. While the majority of protected foreigners are repatriated to their home countries within a short period, challenges arise when individuals, including asylum seekers or those involved in legal proceedings, face difficulties in the deportation process and end up being detained for an extended period. Protected foreigners encounter difficulties in filing complaints and raising their concerns regarding protection decisions, living conditions in the protection facilities, and the deportation process. In particular, addressing human rights violations such as illegal acts or acts of cruelty in a timely manner proves challenging. The lack of specific considerations for vulnerable groups within the system is also a concern, including cases involving minors subjected to protective measures and HIV-infected foreigners kept for extended periods without access to appropriate treatment. The symposium held by the Commission aimed to facilitate discussions on the nation’s immigration detention system in line with international standards, best practices, and systems in other countries. Criteria and cases related to the detention of minority and vulnerable individuals were examined. The concept of “Alternative to Detention” was introduced to promote a shift in perspective and bring about reforms in the immigration detention system. F. Military Human Rights Swift Response and Early Intervention in Military Death Incidents The Framework Act on Military Status and Service provides for the establishment of a Military Human Rights Protector to ensure the guarantee of basic rights for soldiers, address infringements of those rights, and establish separate legal provisions on the organization, duties, and operations of the Military Human Rights Protector. However, there have been criticisms that effective measures have not been taken in response to cases of violations of soldiers’ rights, leading to the introduction of Article 50-6 of the NHRCK Act and others on July 1. Based on these provisions, when a soldier or other military personnel dies during service, the Minister of purpose of deportation or removal constitutes a violation of the right to liberty, i.e., deprivation of liberty, under Article 9 of the Covenant. 96

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