discussions, enforcements and detentions in reality are in fact similar to arrests under the
Criminal Procedure Act.258)
Immigration officials enforcing the undocumented aliens have special judicial police
authority. Moreover, during the enforcement and detention process, immigration officials
can use gas guns and handcuffs, and the foreigners in the immigration detention centers are
restricted from outside travel and movements. The Cheongju Immigration Detention Center
uses the building used as Cheongju Prison, and iron bars and CCTVs are installed in the
detention rooms, and possession, bringing in, and purchases of personal items, including
mobile phones, are restricted. Rather, compared to correctional facilities, they have fewer
medical personnel, equipment, and emergency medical systems.259)
Two changes related to the immigration detention centers in 2022 seem to be discussed in
this context. Security and protective equipment (ankle protectors, guards, protective chairs,
protective clothing, protective beds) that the Ministry of Justice intended to introduce by
amending the Foreigner Protection Rules are equipment used in correctional facilities
pursuant to the ‘Enforcement Rules of the Act on Execution of Sentences and Treatment of
Inmates.’ Regarding this, concerns were raised about the introduction of procedures and
security/ protective equipment related to correctional facilities without considering the
differences between the two facilities, even though the immigration detention centers are not
of the same nature as the correctional facilities, having the purpose of executing sentences.
Demands for the operation of open immigration detention centers and improvements
related to the treatment of foreigners in immigration detention centers are also related to
various human rights issues that arose as immigration detention centers are managed similar
to correctional facilities. Several overseas studies have also confirmed that immigration
detention centers that replicate prisons have a serious adverse effect on the physical and
mental health and rights of migrants, and therefore, it is necessary to provide treatment and
medical services that deviate from the current practice of detaining foreigners.260)
258) NHRCK, Decided on May 23, 2005, 04JinIn139, 04JinKi131 Combined Decision
259) NHRCK recommended improving the system to increase the human rights of the detained foreigners from the
investigation conducted at the immigration detention centers in 2021, Apr. 2022.
260) Park, Ju-young, In need of an immigration detention center that protects human rights and health, People’s Health
Research Institute, Jan. 27, 2022.
103
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